WASHINGTON — The national conversation, once again, is taking a historic turn with the revelation that Michael Cohen, Donald Trump's former personal attorney and "fixer," implicated the president in certain federal crimes that Cohen has pleaded guilty to.
Michael Cohen pleaded guilty to federal crimes and has implicated Donald Trump in some felonies
If Trump, personally, finds himself in legal turmoil, experts say there are a number of scenarios in which prosecutors could proceed including, and leading up to, impeachment.
Experts believe the president can be subpoenaed for information
Spectrum News spoke with Sam Berger, a former senior policy advisor who explored a number of legal and policy issues under the Obama Administration. The process, it turns out, is highly complex and contains a lot of uncharted legal territory.
"The courts have been clear, with regards to both Richard Nixon and Bill Clinton, that the mere fact that you're president doesn't mean that you're outside the judicial process. You can be subpoenaed, you have to respond to that," said Berger, who is an official with Center for American Progress.
Historically, presidents have complied with subpoenas by supplying requested materials or documents. However, testifying under oath is a scenario that's likely to be challenged in the courts.
Scholars debate whether a sitting president can be indicted, but mechanisms do exist
Whether a sitting president can be indicted by a special counsel or a special prosecutor is a topic that some legal scholars continue to debate.
"The framers used clear language [in the Constitution] when they wanted to exempt elected officials in certain circumstances from being subject to criminal prosecution," said Berger. "They didn't use those with respect to the president."
The Department of Justice does have existing guidelines that discourage the pursuit of an indictment of a sitting president. But should a special counsel wish to issue one, he or she must get approval from the Department of Justice. Should the attorney general or a worthy subordinate refuse to approve an indictment, the Department of Justice must immediately inform Congress why the request was denied.
Congress may issue articles of impeachment at any time, if it so chooses
Congress may also choose to take its own action independently by issuing articles of impeachment against the president, a scenario that is unlikely with the current Republican majority.
The Supreme Court: The final showdown
Many of these legal procedures are still being debated because, according to experts, they've never been tested in court. Such a case involving the president would likely make it to the U.S. Supreme Court, where liberals and conservatives are evenly split four to four. If Brett Kavanaugh, the president's nominee to the Supreme Court, were to be confirmed, it is expected that he would be the fifth conservative justice, tilting court rulings in favor of greater executive authority and power.
Democrats have called on Republican Senate Judiciary Chairman Chuck Grassley (R-IA.,) to postpone Kavanaugh's confirmation hearings, which are scheduled to begin Sept. 4.