Fraud

The New York Times reported yesterday (link here) that a Manhattan district attorney’s office legal filing in Donald Trump's ongoing subpoena battle reveals that the President and his company are facing a criminal investigation of whether he and his company committed bank and insurance fraud.

This is a more ominous criminal investigation than previously known because it could mean Trump will be indicted and prosecuted for fraud under state law, felonies which could incur imprisonment upon conviction. Because these are state charges, no President would have any power to pardon Trump or anyone else associated with his company.

If prosecuted, Trump would be the first President, either sitting or former, who faced felony charges. If he is reelected — and let's hope that doesn't happen — it would likely result in a protracted legal battle over whether a sitting President could be prosecuted while still in office. If he's defeated, he could be prosecuted like any ordinary citizen.