Friday, June 16, 2017

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Is the Investigation into Possible Trump Obstruction a Waste of Time?

In all the stories we have heard of Mueller possibly investigating Trump for Obstruction of justice, there is one little tidbit people forget.  According to most legal experts, he can't be charged with a crime while a sitting President.

From all places, The Washington Post, a sitting President cannot be charged while in office, as it was found in 1973 with Nixon, and 2000 with Bill Clinton.

"Because he’s the president of the United States. And it’s not at all clear that you can prosecute the sitting president of the United States. 
Sooner rather than later, this conundrum may land on the desk of special counsel Robert S. Mueller III, who has been appointed to handle the ongoing investigation into Russian efforts to interfere in the 2016 election. Comey himself said as much Thursday, that it wasn’t up to him to decide obstruction of justice: “That’s Bob Mueller’s job to sort that out.” 

Of course the legal jury is still out on the subject of Presidental immunity, however, the only known remedy for a Special Counsel finding criminal acts by a President is to submit those findings to Congress, who would decide by a majority if those charges or findings warranted impeachment proceedings.  Until then Mueller's findings won't be known, as they first come back to the Attorney General who makes that decision whether or not Congress can view them.

Congress could subpoena the AG, but that would likely lead to the AG citing executive privilege.   As I said here, I don't feel Mueller wants to travel into this gray area, especially in his possible last high profile case.




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