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Message
Obama DOJ Official: Mueller Doesn't have Authority to Indict or Impeach Trump
Posted on 1/27/18 at 8:39 pm
Posted on 1/27/18 at 8:39 pm
I think some people understand this but this is a good reminder from someone who worked under the Obama DOJ.
LINK
And a quick reminder of what Congress can do here.
quote:
Eric Columbus, former senior counsel to the deputy attorney general under Obama, explained on Twitter why we should not expect any criminal charges against Trump, despite a growing chorus of pundits and Democratic politicians predicting that Mueller is building an obstruction of justice case.
quote:
Thus, if Mueller does believe the president has violated the law, he would collect this evidence in his report at the end of the investigation. The report would likely be made public and Congress could use the relevant information to determine if and how it proceeds.
LINK
And a quick reminder of what Congress can do here.
5
Posted on 1/27/18 at 8:39 pm to rds dc
No shite Sherlock. Only the House can impeach. If you need a DOJ official to say that, you need to take high school civics again.
This post was edited on 1/27/18 at 8:40 pm
Posted on 1/27/18 at 8:41 pm to Parmen
quote:
No shite Sherlock. Only the House can impeach. If you need a DOJ official to say that, you need to take high school civics again.
Well duh but there are people running around feverishly waiting for Mueller to strike. I would bet most people on the street believe that Mueller can and should.
Posted on 1/27/18 at 8:42 pm to rds dc
Not true. Louise Mensch has reported NUMEROUS times that Trump was secretly indicted last year.
Posted on 1/27/18 at 8:42 pm to SabiDojo
quote:
Not true. Louise Mensch has reported NUMEROUS times that Trump was secretly indicted last year.
But that was different b/c the Supreme Court did it.
Posted on 1/27/18 at 8:43 pm to SabiDojo
What is that lady's real job?
Posted on 1/27/18 at 8:43 pm to rds dc
Obviously he can't impeach, but the President can be indicted.
Posted on 1/27/18 at 8:45 pm to boosiebadazz
I don't know but I need to get in on that market.
Posted on 1/27/18 at 8:45 pm to mmcgrath
Obviously he can't impeach, but the President can be indicted.
I haven't seen any constitutional law experts that agree with that.
I haven't seen any constitutional law experts that agree with that.
Posted on 1/27/18 at 8:52 pm to mmcgrath
quote:do can bozo the clown, Napoleon or Cleopatra but it amounts to the same thing. shite that’s what, lol
but the President can be indicted.
Posted on 1/27/18 at 8:53 pm to rds dc
quote:
sly he can't impeach, but the President can be indicted.
I haven't seen any constitutional law experts that agree with that.
I believe he would be impeached and if the impeachment was successful, he could then be indicted. But like President Ford did, a pardon would come.
Posted on 1/27/18 at 8:54 pm to rds dc
The general DOJ policy from office of legal counsel is that the President can't be indicted, but when Kenneth Starr was Independent Counsel investigating Bill Clinton, the IC law of the day allowed the office of the Independent Counsel to work almost like its own mini-DOJ complete with discretion to revisit certain DOJ policies and Starr commissioned a conservative Constitutional law professor named Ronald Rotunda to revisit the issue of whether the President could be indicted. Starr's grand jury never indicted Clinton, but it just came to light about 6 months ago that Rotunda had written Starr had a detailed legal opinion that he thought it was permissible. Charlie Savage of the NYT was able to FOIA it:
Can the President Be Indicted? A Long-hidden Legal Memo Says 'Yes'.
quote:
WASHINGTON — A newfound memo from Kenneth W. Starr’s independent counsel investigation into President Bill Clinton sheds fresh light on a constitutional puzzle that is taking on mounting significance amid the Trump-Russia inquiry: Can a sitting president be indicted?
The 56-page memo, locked in the National Archives for nearly two decades and obtained by The New York Times under the Freedom of Information Act, amounts to the most thorough government-commissioned analysis rejecting a generally held view that presidents are immune from prosecution while in office.
“It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”
Can the President Be Indicted? A Long-hidden Legal Memo Says 'Yes'.
This post was edited on 1/27/18 at 8:55 pm
Posted on 1/27/18 at 8:55 pm to mmcgrath
Posted on 1/27/18 at 8:55 pm to rds dc
That's why dims are pivoting away from Russia and toward obstruction. They're hoping to take the house and proceed with impeachment.
It ultimately doesn't matter if they had the votes in the Senate. A Senate trial and democrat lead media would do enough to undermine Trump's presidency and make him a lame duck for the remainder of his term.
That's the goal. And frankly it should horrify any rational individual, Republican or Democrat that congressional leaders would pursue impeachment proceedings of a duly elected president for no other reason than that they think he doesn't belong in office.
It ultimately doesn't matter if they had the votes in the Senate. A Senate trial and democrat lead media would do enough to undermine Trump's presidency and make him a lame duck for the remainder of his term.
That's the goal. And frankly it should horrify any rational individual, Republican or Democrat that congressional leaders would pursue impeachment proceedings of a duly elected president for no other reason than that they think he doesn't belong in office.
Posted on 1/27/18 at 8:55 pm to Chappy
Mueller will just turn over all he has to congress and they will be the jury. It will probably be a partisan issue (ex: is this particular action obstruction, or not?) and Trump will go on with his life.
This post was edited on 1/27/18 at 8:57 pm
Posted on 1/27/18 at 8:56 pm to TigerDoc
Not with this Supreme Court, sunshine.
Posted on 1/27/18 at 8:56 pm to mmcgrath
quote:
the President can be indicted.
Nope
Posted on 1/27/18 at 9:03 pm to Lsuhoohoo
quote:
A Senate trial and democrat lead media would do enough to undermine Trump's presidency and make him a lame duck for the remainder of his term.
I disagree. There is zero chance the Senate votes to convict by a 2/3 supermajority. And I think the American public would find it ridiculous that Trump should be impeached for firing someone who was an officer of the very branch of government of which he is the chief sovereign, especially given Comey's universal dislike for numerous reasons.
This post was edited on 1/27/18 at 9:23 pm
Posted on 1/27/18 at 9:03 pm to TigerDoc
quote:
he thought it was permissible.
Does not actually make it so.
With a name like TigerDoc, I thought you were highly educated. Turns out it was a to a much lower degree.
Posted on 1/27/18 at 9:05 pm to DTRooster
I don't think the Constitution addresses it explicitly much less prohibits it, but I don't disagree that the current court composition would be unfavorable if Mueller chose to try it. I don't think Mueller will, but not because of the Supreme Court but because the Special Counsel law he operates under makes his authority more circumscribed than in the IC law days of Kenneth Starr. Mueller is essentially a U.S. Attorney with Jurisdiction over the district of the Donald Trump/Russia Matter and is probably bound by the official DOJ OLC policy.
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