"Against the law" is an overstatement.sugar magnolia wrote: ↑Mon Jun 12, 2023 2:21 pm if trump wins the nomination and election, will that suspend any criminal charges he's facing once elected? A local City attorney and a Municipal Judge both said yesterday that it was "against the law" for any criminal case to go forward against the President. I don't think that's right, but I'm not a lawyer.
It is DOJ policy that a sitting president cannot be indicted and tried. As that policy has never been tested in a court, it effectively remains the law in practice. (Paper law versus real law, and all that.)
But he's not the president now. So, if he were to be elected, and there had been no trial before the inauguration, then it is likely the DOJ would move to (at least) suspend proceedings until he's no longer the president.
If he's convicted and yet still elected, what would happen next is really uncharted territory. But I assume the DOJ (read: his DOJ) would assert that he can't serve his sentence while he's president. And I don't know who could argue the counter position in a federal court. Especially if Cannon remains the trial judge.