We call on Congress to pass legislation explicitly affirming that a sitting President of the United States is subject to federal criminal indictment.

Conflicting internal executive branch memoranda have created ambiguity around whether a president can be indicted while in office. That ambiguity undermines constitutional clarity and public confidence in equal accountability under the law.

The Constitution does not create a class of citizens above federal criminal statutes. Congress has the authority to clarify federal criminal procedure and remove uncertainty surrounding presidential immunity from indictment.

This legislation should:

• State that federal criminal law applies to the President while in office
• Establish procedural safeguards to protect constitutional functions
• Clarify the relationship between indictment and impeachment
• Remove reliance on internal Department of Justice opinions as de facto policy

The rule of law depends on clarity. Congress should act.