Re:Grand Jury Votes to Indict Donald Trump
by notch898a on Friday March 31, 2023 @01:55PM
(#35390666)
It might be interesting to argue whether taking public office as the president counts towards residency requirements. I don't know if it counts for statute of limitations, but for instance military members are still considered resident of their state when on duty elsewhere.
The intent of that provision in NY law is so that if someone is trying to run out the clock for NY state by being outside of its jurisdiction and ability to indict them doesn't get a free pass.
The question will be "is it literally 'being outside of New York' or is it 'being outside the jurisdiction New York, of which assuming the role of POTUS is example of'?"
Page 18 of ALITO, J., dissenting. It is on page 82 of the pdf overall.