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IMM-001 — Presidential Criminal Accountability Amendment

Proposed Constitutional Amendment

Section 1. Neither the President nor any former President shall possess absolute immunity for conduct within conclusive or preclusive presidential authority, presumptive immunity for other official acts, or any other criminal immunity arising solely from the official character of an act, the use of presidential power, or the separation of powers.

Section 2. The exercise or attempted exercise of a power vested in the President may constitute conduct, evidence, or an element of a valid federal criminal offense, whether the offense is generally applicable or specifically applicable to federal officers or the President, when the prosecution proves every element beyond a reasonable doubt. Lawful exercise of presidential authority, standing alone, shall not constitute a criminal offense.

Section 3. Separation-of-powers concerns may justify tailored rules concerning timing, process, privilege, venue, screening, disclosure, or remedy, but shall not create criminal immunity and shall not require the prosecution to prove the complete absence of danger, burden, or institutional intrusion before official conduct may be investigated, charged, adjudicated, or punished.

Section 4. In determining criminal intent, purpose, knowledge, or corrupt motive, a court and jury may consider otherwise admissible evidence of official conduct. Presidential immunity shall create no rule of evidentiary exclusion. Official communications, testimony, records, and surrounding circumstances may be admitted when otherwise relevant and admissible, subject to executive privilege, classification law, fair-trial protections, and other generally applicable evidentiary rules.

Section 5. Impeachment by the House of Representatives or conviction by the Senate shall not be a prerequisite to criminal investigation or prosecution. Nothing in this article shall alter the respective impeachment powers of the House and Senate.

Section 6. Congress may provide that a sitting President shall not be indicted or tried while holding office, provided that any otherwise applicable limitation period is suspended during presidential tenure and for a reasonable period thereafter. Investigation, preservation of evidence, judicial process consistent with official duties, and reporting to Congress may continue.

Section 7. Congress may establish independent screening, appointment, venue, disclosure, privilege, and expedited-review procedures to protect both the fair administration of criminal law and the lawful functioning of the Presidency.

Section 8. This article applies equally to every President and former President without regard to political party, administration, or the identity of the prosecuting authority.

Section 9. Congress shall have power to enforce and implement this article by appropriate legislation.

Budgetary Impact Statement

No direct appropriation is anticipated for the amendment itself; implementing legislation may have costs.

Note: Preliminary ARRP assessment only; not a CBO, OMB, agency, or legislative-counsel score.

Drafting Notes

  • Section 1 expressly supersedes both absolute immunity for conclusive or preclusive powers and presumptive immunity for other official acts.
  • Section 3 eliminates the requirement that prosecution prove the complete absence of institutional intrusion while preserving tailored procedural accommodations.
  • Section 2 reaches both generally applicable and President-specific criminal statutes.
  • Section 4 rejects immunity-based evidentiary exclusion while preserving ordinary privilege, classification, and evidentiary protections.
  • The amendment does not create new substantive crimes.
  • Impeachment and criminal accountability remain distinct.
  • A temporary sitting-President rule may coexist with investigation, evidence preservation, congressional reporting, and later prosecution.
  • The amendment and DOJ-007 are modular: either may operate without the other, while adoption of both supplies independent investigation and meaningful criminal accountability.

Source Notes

  • Source review should include Trump v. United States, Article II, and the Constitution's impeachment provisions in Article I, Section 2 and Article I, Section 3.
  • Prior-proposal comparison should include H.J.Res. 193, which proposed no criminal immunity for federal officers including the President and Vice President on the sole ground that the alleged act was within constitutional authority or related to official duties.