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Thread: Mueller cannot indict Trump

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    Franken-Stein DemoKKKrats excalibur's Avatar
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    Mueller cannot indict Trump

    Now I believe, and this is longstanding DoJ policy, that no one can indict a sitting President.


    Nonetheless, there is a significant — in fact, likely dispositive — difference between the Clinton situation and that facing Trump. Starr served as independent counsel under a now-defunct statute. By contrast, special counsel Robert S. Mueller III serves under Justice Department regulations put in place after the independent counsel law expired.

    This is not a technical distinction but one that I discussed in my memo, distinguishing between the independent counsel statute and the regulations such as those establishing Mueller’s office.

    And this difference has enormous implications for Mueller’s power. Supreme Court cases going back 150 years emphasize that the president retains complete authority to control federal criminal prosecutions. Without a statutorily appointed special counsel given special tenure, Trump could fire anyone who tried to indict him.

    Moreover, the regulations governing Mueller mandate that he “comply with the rules, regulations, procedures, practices and policies of the Department of Justice.” They permit removal of the special counsel for “good cause, including violation of Departmental policies.”

    As Clinton was about to leave office, his Justice Department’s Office of Legal Counsel ruled that the president could not be indicted. Is this legal opinion a departmental policy that binds Mueller? It would seem so, given that OLC’s stated function is “to provide controlling advice to Executive Branch officials on questions of law” (emphasis added). If that creates a Catch-22 situation in which a special counsel can never proceed against a president, my answer is: I don’t write the rules, I just read them.

    As interesting as this debate is, it also strikes me as entirely premature. In my assessment, the “case” against Trump right now amounts to a mountain of innuendo built on a foundation of loose sand. The facts so far do not come close to making an obstruction case against the president, and for now there is no evidence that he engaged in any underlying crime.

    If and when Mueller comes up with something that might create an indictable case, though, he is apt to run into serious questions about the limitations of his office, questions that Starr did not face.


    https://www.washingtonpost.com/opini...=.97554fde5266

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    I guess he's good for another three years, huh?

    Or seven years...

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    Veteran Member cpicturetaker12's Avatar
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    Quote Originally Posted by excalibur View Post
    Now I believe, and this is longstanding DoJ policy, that no one can indict a sitting President.





    https://www.washingtonpost.com/opini...=.97554fde5266
    So which is it? Is it that ONLY Democrat presidents can be indicted? Or only conservative judicial circles can find that presidents can be indicted? Or only presidents named Clinton are indictable?


    A legal memo recently unearthed by The New York Times argues that it is permissible to indict a sitting president.

    The memo was written in 1998 by the office of special prosecutor Kenneth Starr, who spearheaded the Whitewater investigation that eventually led to former President Bill Clinton's impeachment in the House.

    Starr tapped conservative constitutional law and ethics professor Ronald Rotunda to write the memo, in which Rotunda cast doubt on the idea that sitting presidents are immune from prosecution.

    That theory is rooted in several prior judgments, the Times said, including a September 1973 memo written by Robert Dixon, the head of the Office of Legal Counsel in President Richard Nixon's Department of
    Last edited by cpicturetaker12; 27th January 2018 at 03:37 PM.
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    Veteran Member Eve1's Avatar
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    Quote Originally Posted by excalibur View Post
    Now I believe, and this is longstanding DoJ policy, that no one can indict a sitting President.


    https://www.washingtonpost.com/opini...=.97554fde5266

    Shouldn't you be more concerned that there would be grounds to indict Trump? Have you moved on and finally realized its' inevitable.
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    Veteran Member cpicturetaker12's Avatar
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    Quote Originally Posted by Eve1 View Post
    Shouldn't you be more concerned that there would be grounds to indict Trump? Have you moved on and finally realized its' inevitable.
    And admitting it?
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    Franken-Stein DemoKKKrats excalibur's Avatar
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    LOL Just posting this to hear the exploding heads of regressives.

    And reading is fundamental.

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    Franken-Stein DemoKKKrats excalibur's Avatar
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    Quote Originally Posted by cpicturetaker12 View Post
    So which is it? Is it that ONLY Democrat presidents can be indicted? Or only conservative judicial circles can find that presidents can be indicted? Or only residents named Clinton are indictable?

    What Democratic President was indicted?


    A legal memo recently unearthed by The New York Times argues that it is permissible to indict a sitting president.

    The memo was written in 1998 by the office of special prosecutor Kenneth Starr, who spearheaded the Whitewater investigation that eventually led to former President Bill Clinton's impeachment in the House.
    The statute Starr operated under no longer exists, if you had paid attention. It says so quite clearly in the article.

    Starr served as independent counsel under a now-defunct statute. By contrast, special counsel Robert S. Mueller III serves under Justice Department regulations put in place after the independent counsel law expired.
    In fact Trump can change the existing regulations.
    Last edited by excalibur; 27th January 2018 at 03:24 PM.

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    Veteran Member Eve1's Avatar
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    Quote Originally Posted by excalibur View Post
    LOL Just posting this to hear the exploding heads of regressives.

    And reading is fundamental.
    Sorry I don't see any heads exploding but Trump Supporters because we are quite sure a President can be charged while in office. The Washington Post is trying to feed you guys stories to keep you calm. It's like Trump's lawyer and his staff only giving him good news even if its fake. Its called just humoring the idiots to keep them from panicking.
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    Veteran Member cpicturetaker12's Avatar
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    Quote Originally Posted by excalibur View Post
    What Democratic President was indicted?




    The statute Starr operated under no longer exists, if you had paid attention. It says so quite clearly in the article.



    In fact Trump can change the existing regulations.
    And you posted from the WAPO opinion section. Wanna play games here?
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    Franken-Stein DemoKKKrats excalibur's Avatar
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    No, Mueller cannot indict, as the article plainly lays out why.

    Now some argue that a sitting POTUS could be indicted by a regular proesecutor, however it is longstanding policy of the DoJ that that cannot be done. They are all bound to follow that.

    ... the regulations governing Mueller mandate that he “comply with the rules, regulations, procedures, practices and policies of the Department of Justice.”
    So too with them all.

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