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S. 1756: No President is Above the Law Act


The text of the bill below is as of Jun 10, 2019 (Introduced).

Summary of this bill

Should a president be able to “run out the clock” on prosecution for a federal crime they committed, by remaining in the White House for long enough?

Context

Can a sitting president be indicted and officially charged with a crime while in office? A Justice Department advisory policy first promulgated by a Republican administration in 1973, and later reaffirmed by a Democratic administration in 2000, says no.

This policy is not officially enshrined in law, but both political parties generally acknowledge and abide by it, since it’s been the White House’s official position across both parties for 46 years and counting.

A president can, however, be charged with ...


II

116th CONGRESS

1st Session

S. 1756

IN THE SENATE OF THE UNITED STATES

June 10, 2019

introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide for the tolling of the statute of limitations with regard to certain offenses committed by the President of the United States during or prior to tenure in office, and for other purposes.

1.

Short title

This Act may be cited as the No President is Above the Law Act.

2.

Tolling of statute of limitations

(a)

Offenses committed by the President during or prior to tenure in office

Section 3282 of title 18, United States Code, is amended by adding at the end the following:

(c)

Offenses committed by the President during or prior to tenure in office

In the case of any person serving as President of the United States, the duration of that person’s tenure in office shall not be considered for purposes of any statute of limitations applicable to any Federal criminal offense committed by that person (including any offense committed during any period of time preceding such tenure in office).

.

(b)

Applicability

The amendment made by subsection (a) shall apply to any offense committed before the date of the enactment of this section, if the statute of limitations applicable to that offense had not run as of such date.