VERIFY: Can a former president be prosecuted for crimes they committed while in office?

On January 20, 2021, President Trump will add a title prefix "former" to his name. That new status has our Verify inbox filling up.

"I know a sitting president cannot be convicted for crimes while in office unless convicted during an impeachment trial," a viewer asked the Verify team by email.

"My question is, can a president be charged for crimes after they leave the office for crimes they committed while in office, for example, election fraud or inciting an insurrection? Could the current president face federal charges once he leaves office?"

To answer these questions, our Verify researchers looked at a variety of sources:

—Various Supreme Court cases
—Sai Prakash, professor of constitutional law at the University of Virginia
—Brian Kalt, professor of law at Michigan State University