This hypothetical scenario has been discussed to illustrate the broad interpretation of presidential immunity, especially during the Trump administration when his former lawyer, Michael Cohen, suggested it during an interview. Cohen posited that Trump could shoot someone on Fifth Avenue and get away with it.
However, it’s important to note that this is purely theoretical and has never been tested in court. It is not a legally predetermined or universally accepted concept and remains a controversial issue subject to debate.
The U.S Constitution does not explicitly articulate protection from criminal prosecution for sitting presidents. Legal scholars argue that a President could potentially be indicted while in office, but the final authority to pursue criminal charges against a President likely falls to the Department of Justice, and current guidelines stipulate that a sitting President cannot be indicted. But those are internal regulations and could potentially be revised.
For the President to be removed from office for criminal behavior, impeachment and subsequent conviction in the Senate is the process outlined in the U.S Constitution.
In conclusion, while the hypothetical argument has been made that a President could potentially commit a crime without being prosecuted while in office, it is far from being a settled legal theory and would surely provoke a constitutional crisis if ever brought into reality.