Memorandum from University of Illinois College of Law Professor Ronald D. Rotunda Memorandum to the Honorable Kenneth W. Starr Regarding whether a Sitting President is Subject to Indictment [Portions redacted]

Authors

Ronald D. Rotunda, Chapman University Dale E. Fowler School of Law

Date of this Version

5-13-1998

Citation

From Charlie Savage, Can the President be indicted? A long-hidden legal memo says Yes [Politics]. New York Times (July 22, 2017).

Two letters from U.S. Archivist Robert Reed to Times reporter Charlie Savage (June 16, 2017, and July 10, 2017; each 2 pages. PDF).

Memo attached from the U.S. National Archives and Records Administration based on Freedom of Information Act request # 53042, screened by NARA (RD-F) (URTS 16018) DOCID: 70102162 (July 10, 2017; 56 pages. PDF).

Comments

U.S. government work.

Abstract

Re: Indictability of the President, with particular respect to whether President Bill Clinton could be charged with indictable offenses while in federal office.

Excerpt from the New York Times article: “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”