President Trump could face legal ramifications after Capitol Hill riots

Law professor Deborah Pearlstein discusses potential constitutional and criminal liabilities President Donald Trump could face after leaving office.
3:13 | 01/13/21

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Transcript for President Trump could face legal ramifications after Capitol Hill riots
And for a closer look at the legal ramifications I want to bring Cardozo law professor Deborah Perle Stine. For more Deborah good morning if the house impeaches president trump today it is it's still possible or rather I should say it is still possible that the senate trial won't start. Until he's out of office so what would a conviction mean if he's no longer president. Good morning that's right so currently this is meeting in only pro forma sessions. It would take action by the majority leader Mitch McConnell to call was and it back into regular session each city can proceed with a trial currently viscous and is not scheduled to reconvene. In that mode until January 19. There the president will argue. After that that the senate cannot continue with the trial because he has already left office hijacked will be leaving out is by January 20. But it seems. Pretty clear under the constitution that indeed a trial can continue if cats cat and look for in the past for example with the impeachment and subsequent trial of us secretary of Defense Secretary ward who was called and and and I think that textual case under the constitution is quite clear. A data can be allowed to continue the reason out why. Allowing a trial to continue would be important even after the president leaves office is because dates. Provides for the so mechanism that the constitution offers for her. Hitting the president from running for public office again if the president is ultimately convicted each in a senate trial then the senate can vote by a simple majority vote to deny the president the constitutional ability to hold public office again and you say president trump. Also face criminal liability for his conduct last week and not just for the riot. So. Is now facing criminal exposure of at least two different kinds. And and these allegations not criminal formed at the facts supporting memory included. In house impeachment report as well I am the president is facing potential criminal exposure both short of phone calls and the efforts he made in Georgia. To get the secretary of state and others appear to engage in election fraud which is a crime under both state and federal law which and then he's separately potentially facing criminal exposure for his conduct in connection with the insurrection at the capitol on January 6 not only under federal law where their offense is light seditious conspiracy that exist. But also as bad and I DC the Washington DC attorney general made clear in a news conference yesterday. Potential incitement charges under ID DC criminal code now those. Charges those potential chart in those cases are hard scrutiny turned centrally on. The president's intent both with respect to the election and with respect to the activities of the capital. It's not at all certain that those charges will be brought earned bit they would go forward. But any lawyer advising the president at the moment would have to advise the president that he was now facing serious criminal liability beginning when he leaves office on January 20. Didn't ever Perle Stine thank you so much. Seems you.

This transcript has been automatically generated and may not be 100% accurate.

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