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Special counsel Robert Mueller's team has informed President Donald Trump's attorneys that they have concluded that they cannot indict a sitting president, according to the President's lawyer.
"All they get to do is write a report," Trump lawyer Rudy Giuliani told CNN. "They can't indict. At least they acknowledged that to us after some battling, they acknowledged that to us."
That conclusion is likely based on longstanding Justice Department guidelines. It is not about any assessment of the evidence Mueller's team has compiled.
"This case is essentially over," Giuliani said. "They're just in denial."
"All they get to do is write a report," Trump lawyer Rudy Giuliani told CNN. "They can't indict. At least they acknowledged that to us after some battling, they acknowledged that to us."
originally posted by: kaylaluv
As we discovered with Comey regarding Hillary, they indeed do not make the indictment. What they do is to produce a report and make a recommendation to indict or not indict based on that report. We all remember that Comey did not recommend indictment for Hillary.
So, this isn’t anything we don’t already know.
originally posted by: japhrimu
a reply to: Lumenari
I thought Senate CAN convict if House impeaches.... No?
(Eta: Not from DOJ, but it’s still criminal, isn’t it? (The hypothetical I gave, if plausible.))
Presidents have generally claimed absolute immunity, meaning that, except for impeachment proceedings, they can personally ignore all other processes of law. Most of the early executive immunity cases involved the role of presidents as witnesses or potential witnesses and such a role is not usually vital to the process of another branch. Thus, in Marbury v. Madison (1803), neither President Thomas Jefferson nor Secretary of State James Madison (the nominal defendant) appeared in Court even through an attorney. In Aaron Burr's 1806 trial for treason, Jefferson was permitted by Chief Justice John Marshall, riding circuit, to reply to all questions in written form.
The high-water mark of presidential immunity was Mississippi v. Johnson (1867), in which the Supreme Court refused to hear an argument for an injunction against presidential enforcement of a statute. The decision's strong language against judicial direction of presidential power as "an absurd and excessive extravagance" has generally been assumed to deny judicial authority of this type, although the opinion expressly reserves the question of whether a president may be forced to perform the rather small number of ministerial duties of that office (p. 499). In any event, the language of Mississippi v. Johnson is construed by critics of presidential authority like as merely arguing the prudence of judicial and not as setting constitutional limits.
originally posted by: darkbake
a reply to: face23785
That makes sense, but as you say, Trump can still be impeached. Still, good to know he can't be indicted for sure. Although I suspected as much, it is good to know for certain.
originally posted by: japhrimu
a reply to: Lumenari
I thought Senate CAN convict if House impeaches.... No?
(Eta: Not from DOJ, but it’s still criminal, isn’t it? (The hypothetical I gave, if plausible.))
originally posted by: Lumenari
originally posted by: kaylaluv
As we discovered with Comey regarding Hillary, they indeed do not make the indictment. What they do is to produce a report and make a recommendation to indict or not indict based on that report. We all remember that Comey did not recommend indictment for Hillary.
So, this isn’t anything we don’t already know.
I guess there is something you don't know.
You cannot indict a sitting President. You cannot bring criminal prosecution against a sitting President, no matter how hard you squish your eyes together and pray differently.
You can impeach a sitting President for high crimes or treason, which just removes him from office. THEN you can bring criminal charges.
Hillary, if you remember, was not President.
Apples and witches.
Hope I helped your misconception of American Constitutional law.