Here is a fact of life: the Department of Justice, including the special counsel, Robert Mueller, cannot indict President Trump. This has been the standard DOJ position since 1973, reaffirmed in 1996 and again 2000.
The Democrats and their media stenographers, plus all the Trump haters on the Republican side, have been inundating you with the possibility that Trump can be indicted on obstruction of justice charges when he asked FBI Director James Comey to see if he can let “the Flynn thing go.”
First of all, when you hear or read that it can happen, move on, those people are ignorant of not only the law and the Constitution, but also DOJ policy since 1973 that has not been reversed by any administration or Congress, both Democrat and Republican. Second: There is no constitutional separation of powers where the DOJ is a separate entity.
The President IS in charge of the entire DOJ. They all work at his pleasure. He can, if he chose to, legally stop any investigation in its tracks. President Obama did this with the investigation into whether the IRS unduly prevented conservative groups from forming tax deductible organizations prior to the 2012 elections. He went on TV and said “there was not a smidgeon of corruption” regarding this matter. So ended the DOJ investigation.
In this case, Trump left the matter to the FBI director. Until he was fired, the FBI director, under questioning by numerous oversight committees, stated he did not feel pressured to stop the investigation. It was only AFTER he was fired that he changed his story. His own personal memos after the meeting attest that he did not feel pressured to stop. After he was fired he changed his story, he leaked his memo to get the DOJ to appoint a special prosecutor. It worked.
Yet, we have a problem. Under what authority does the special counsel have to investigate and indict a sitting president? From the Daily Wire: “In 1973, the Office of Legal Counsel issued a memorandum stating that indictment proceedings would ‘unduly interfere in a direct or formal sense with the conduct of the presidency,’ as criminal proceedings would severely handicap the president from performing his ‘onerous’ and ‘unique’ duties under the Constitution, thereby short-circuiting the entire executive branch.” It continues, “A criminal proceeding against the president is in some respects necessarily political in a way that criminal proceedings against other civil officers would not be…In this respect, it would be incongruous for a jury of only 12 to undertake the unavoidably political task of rendering judgment in a criminal proceeding against a sitting president.” Remember, because the special counsel works for him, he, by law, cannot obstruct.
One concern addressed by the Office of Legal Counsel was a prosecutor, or a jury, or even a judge having political biases. They were also concerned that 12 people on a jury could nullify the results of a national election. This was a power so enormous that the founders left to Congress through the impeachment proceedings as outlined under Article I of the Constitution. In other words, the DOJ cannot do what, according to the Constitution, is specifically left to Congress to do.
In trying to cover all bases, the memo randum also shoots down the backdoor possibility that a president could be indicted in office and then face criminal proceedings when leaving office. They concluded it would create a cloud over the presidency that would make it more difficult for him to deal with Congress and particularly foreign governments.
So, if this is true, why go on? Well, Mueller could write a report that a Democrat-controlled House could use to start the impeachment process. Another thing that it seems no one wants to mention is to follow the money. There is an all-out war on Trump, and the Democrats and establishment Republicans want it to go on through 2018. That’s in the game plan. Mueller is part of the Washington establishment and he has not even finished hiring his staff yet. Here is where the money comes in. Mueller will probably earn millions doing this just in t erms of his fees. He can charge the government whatever he wants, and we will pay him and his staff.
Then, you ask, how in the world can all of this be happening to a Republican president when the Republicans have control of the legislative branch? How in the world can it be happening? The answer is self-evident. It’s happening because the Republicans do not want to stop it. This is the swamp you elected the president to drain. So if that was your objective, to overturn the establishment, drain the swamp, this is what it looks like. Draining the swamp was never going be pretty, easy or orderly.
This is what I say. What say you?
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