“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.”
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.