Fani Willis’s Case Against Trump Is Nearly Unpardonable — Raising Possibility of a State Prosecution of a Sitting President

The New York Sun  

"The Department of Justice’s Office of Legal Counsel reckons that there is a “categorical” prohibition on prosecuting a sitting president. Ms. Willis is under no such restriction, largely because the vulnerability of a sitting president to state prosecution has never arisen — until now." . . . 

"When President-elect Trump takes the oath of office on January 20, the Constitution ordains that he “shall have Power to grant Reprieves and Pardons for Offences against the United States.” 

"That has been taken to cover federal crimes, but not state ones — like the ones brought by the district attorney of Fulton County, Fani Willis. She charged Trump and 18 others with racketeering and other crimes against the Peach State in connection to efforts to reverse the result of the 2020 presidential election.

"The prosecutions of Ms. Willis and of the district attorney of Manhattan, Alvin Bragg, have, alongside Trump’s victory in November, opened up hitherto unexplored constitutional terrain: Can a president be prosecuted for state crimes while in office? The answer to that question could determine the fate of Ms. Willis and Mr. Bragg’s cases — and the scope of the protections of the presidency. "

"Pardons for state crimes usually reside within the purview of the highest executive authority in the state — the governor. Georgia is led by Governor Kemp, a prominent Republican who has had a fraught — to put it mildly — relationship with the 45th president, now the 47th president-elect."Mr. Kemp opposed President Trump’s efforts in 2020 to overturn President Biden’s win in Georgia, and the president-elect backed his opponent two years later. He also called Mr. Kemp a “disloyal guy” and a “very average governor. … Little Brian, little Brian Kemp, bad guy.” The two let bygones be bygones this year, when Mr. Kemp endorsed Trump — and Georgia swung Republican."Even if Mr. Kemp was moved to pardon Trump with respect to Ms. Willis’s prosecution, Georgia law ties his hands. The state is one of only six where pardons are granted by an independent board — the Georgia State Board of Pardons and Paroles. Unlike the presidential pardon power, where a conviction is not necessary, Georgia requires not only a “guilty” verdict or plea but also a five-year waiting period before a pardon can be issued." . . .

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