The legal reckoning awaiting Trump if he loses the election

“In every regard, his leaving office makes it easier for prosecutors and plaintiffs in civil cases to pursue their cases against him,” said Harry Sandick, a former federal prosecutor in the Manhattan US attorney’s office. “For example, he is claiming a higher protection from subpoenas in the criminal cases and also in the congressional subpoena cases, [and that] is based largely on the fact that he is President.”

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Some have suggested a formal apparatus for investigating Trump after he leaves office. Rep. Eric Swalwell, a California Democrat, has floated the creation of a “Presidential Crimes Commission,” made up of independent prosecutors who can examine “those who enabled a corrupt president,” as he put it in an August tweet. “Example 1: Sabotaging the mail to win an election.”…

There are legal questions as to whether a state prosecutor could file charges against a sitting president.

“He’s so powerful right now. They know that they can’t indict him right now so there is an incentive to build their case and get ready. I think what happens if he loses and leaves office that things will move very quickly,” said Jennifer Rodgers, a CNN legal analyst and former federal prosecutor.

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