Levin said there's a constitutional argument around the idea that presidential pardoning powers don't extend to state criminal charges.
Levin, who has previously praised members of Trump's legal team over their election lawsuits and fraud claims, laid out a four-step argument on why the former president would be able toTrump was indicted for the fourth time on Monday after a grand jury in Fulton County charged him and 17 of his associates in a sweeping racketeering case for their efforts to overturn the results of the 2020 election in Georgia.
But pointing to the Constitution, Levin argued that Trump's federal authority should take precedence over state laws as defined by the Supremacy Clause. "Given the DOJ's position, and the Supremacy Clause in the Constitution, I would argue strongly that the idea that a president cannot be indicted at the federal level because it would cripple the executive branch, but can be indicted by local DAs, would have exactly the same effect as a federal indictment, except there are thousands of local and state prosecutors making the crippling of a president even more likely," Levin wrote.
His comments come in opposition to the view of other legal scholars like Jonathan Turley, who say presidential pardoning powers do not extend to state convictions.about Levin's argument, noting that"The text and history of the pardon clause strongly militate against such interpretation extending the federal authority to state crimes."
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