There is no law that says a sitting president cannot be criminally charged in the courts, nor is there one saying he can be charged. And there is no case law that directly discusses that issue.
Rimm said there is "a school of thought," which seems to include the Justice Department "believing that a sitting president is immune from criminal prosecution and can't be indicted while in office."
"Or, if he is indicted, the indictment has no legal effect," Rimm said. "Under this approach, you can remove the president from office solely through impeachment and then indict him after any Senate conviction order to punish."
Wine-Banks said she believes "a sitting president can be indicted." She was among the prosecutors on Jaworski's team during Watergate that wanted to indict Nixon.
"There are many academic articles written that would support the fact that a sitting president could be indicted," Wine-Banks said.
She noted there are two court cases that held that a sitting president could be forced to deal with pending civil cases while in office.
One case was the Supreme Court decision that forced Clinton to answer questions in the sexual harassment lawsuit filed by former Arkansas state employee Paula Jones. Clinton's lie under oath denying his affair with White House intern Monica Lewinsky during that case led to his impeachment while president. The Senate didn't convict him, however.
The other case involves Trump. Last month, a New York state judge ruled that "no one is above the law" as she rejected Trump's bid to dismiss a defamation lawsuitby Summer Zervos, a former contestant on "The Apprentice" who says Trump groped her.
The judge in that case did not accept Trump's argument that a sitting president cannot be subject to a state court's jurisdiction.
Wine-Banks also pointed out that in the fall of 1973, Nixon's vice president, Spiro Agnew, resigned after being charged with felony tax evasion.
Agnew had been under investigation by the U.S. attorney for Maryland on suspicion of accepting bribes while governor of that state and as vice president.
The courts never ruled on Agnew's initial claim that a sitting vice president could not be indicted.
Wine-Banks said the fact that Agnew, who was second in line to the president, was criminally charged could help a future claim that Trump or another sitting president is subject to potential criminal prosecution.