Have any presidents been indicted or convicted after leaving office for acts alleged while they were president?
Executive summary
Only one U.S. president has been criminally convicted after leaving office: Donald Trump was found guilty on 34 counts of first‑degree falsifying business records by a Manhattan jury on May 30, 2024, a conviction later upheld by the trial judge [1] [2]. Legal doctrine and Department of Justice practice have long treated indictment of a sitting president as fraught or impermissible, while OLC memos and other authorities say prosecution can proceed once a president leaves office [3] [4].
1. The short answer: a modern first in U.S. history
Historically, no former U.S. president had been criminally convicted for acts tied to their presidency until the Manhattan jury’s 2024 guilty verdict against Donald Trump on 34 counts of first‑degree falsifying business records — a watershed event noted by multiple outlets and compilations of federal convictions [1] [5] [2].
2. Why Americans thought presidents were largely shielded
Longstanding Department of Justice guidance from the Office of Legal Counsel argues a sitting president should not be criminally prosecuted while in office, based on separation‑of‑powers concerns and the unique constitutional role of the presidency [3] [4]. That policy creates the practical effect that accountability for alleged criminal acts often waits until a president leaves office.
3. The constitutional and historical wrinkles
Constitutionally, Article I’s Impeachment Judgment Clause explicitly says a president “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law,” a provision that has been read to mean impeachment does not preclude later criminal prosecution; OLC and other analyses emphasize the Senate’s removal power is distinct from criminal liability [4] [6].
4. What the legal literature and memos say about timing
OLC memoranda and Solicitor General briefs concluded that while civil officers can generally be prosecuted during their tenure, the constitutional structure supports deferring criminal prosecutions of a sitting president until after the term ends or removal by impeachment — but those writings also state that this policy “does not apply to indicting a President once he leaves office” [3] [7].
5. The Trump cases illustrate theory becoming practice — and complication
Multiple cases involving Donald Trump tested these limits. He was indicted and tried in New York on state charges, resulting in the May 2024 guilty verdict referenced above; that conviction was later upheld by Judge Merchan in January 2025 as reported [1] [2]. Other federal and state matters involving actions alleged to have occurred while Trump held office produced litigation over immunity, dismissals, and prosecutorial decisions influenced by DOJ policy and court rulings [8] [2].
6. Competing viewpoints among legal experts and courts
Some scholars and jurists argue the Constitution permits post‑term prosecution and that immunity for official acts should be narrow to avoid impunity; others stress separation‑of‑powers risks and argue impeachment should be the primary constitutional remedy while in office [6] [4]. The OLC and commentators explicitly acknowledge these competing rationales and the practical tradeoffs they entail [3] [7].
7. How rare convictions of presidential associates put the question in relief
While presidents themselves were long unprosecuted, many subordinates and cabinet officials have been indicted and convicted for wrongdoing connected to presidencies (Watergate prosecutions, Teapot Dome, etc.), which has sharpened calls that presidents ultimately be reachable by criminal law once out of office [9] [5].
8. International comparisons and the political stakes
Internationally, prosecutions of former leaders are common and politically fraught; reporting notes cases in Israel and Mexico where ex‑leaders faced charges after leaving office, underscoring that the U.S. outcome is not inevitable and depends on law and politics [10].
9. Limitations of the available reporting
Available sources document the Trump conviction and the longstanding OLC position; they do not provide exhaustive coverage of every historical legal argument or every scholarly counterargument. Sources here do not mention, for example, any earlier president being criminally tried and convicted for acts while in office other than the Trump matter cited [1] [3] [5].
10. Bottom line for readers
Before 2024 the combination of OLC guidance, constitutional ambiguity and political risk made post‑presidential criminal prosecution hypothetical; the 2024 Manhattan conviction of Donald Trump converted that scenario into lived precedent in U.S. history and has intensified debates among lawyers and scholars about presidential immunity, impeachment’s role and the rule of law [1] [3] [4].