A question about statute of limitations

[dsc]

If a person leaves the jurisdiction it stops the clock. So would voluntarily staying President also stop the clock since he has, in essence, left the jurisdiction as he can't be indicted.

[Clarity2]

1. Ive never heard of that

but a sealed indictment stops the clock on statute of limitations.

https://www.politico.com/magazine/story/2018/04/21/robert-mueller-russia-probe-protection-218065

[Jersey Devil]

2. leaving the jurisdiction does not stop the clock

The government has to charge the person before the statute expires. If he leaves the jurisdiction before trial that doesn't affect the s/l

[StarfishSaver]

3. Leaving the jurisdiction doesn't stop the clock

Although it hasn't been litigated, it is unlikely that the statute tolls during his presidency, primarily because the no indictment policy is not a law or regulation, but an internal policy set by the very branch and department that would prosecute him. DOJ could rescind the policy at any time and prosecute the sitting president, so they can't refuse to prosecute him and then argue the statute should be tolled.

The best way to address this is for Congress to amend the law to expressly toll the statute of limitations for criminal prosecution of a president in the event that law, policy, practice or procedure suspends prosecution of a sitting president during his or her term.