People you run into to….
I had an hour conversation with a retired trial lawyer this afternoon….
Great conversation…We discussed the law and how people sometimes are foolish when they go to court….
Of course me being me?
I asked him if he thought, with his background knowledge about Federal Law…..
Could Robert Mueller charge President Donald Trump criminally?
The judge quickly replied ‘Yes’….
I looked at him directly….
Then pointed out he was giving me a ‘legal’ answer….
I pointed out that the DOJ says Mueller canNOT charge a sitting President with a crime due to a call by the Office of Legal Counsel (US AG Office) that says a DOJ employee cannot charge a President (Reason was vote in an election supersedes and other means except impeachment when it comes to a sitting President)….
The judge shook his head….
He then went on to clarify his view….
He pointed out that Mueller wouldn’t be charging the President with anything…
Mueller could indict Trump thru one of the several Grand Juries he has access to…..
That would get around the DOJ/OLC rule….
I pointed out that the Republicans and Trump would contest the charges…
Yes, he agreed….
Most certainly….
So I asked….. When this arrived on the doorstep of the US Supreme Court…What would happen?
The judge shook his head again….
His call?
Punt….
His guess was that the Supreme’s would probably NOT take the case….
His reason …..
The court would NOT get into a scuffle with the Justice Dept.
I was in disagreement with this from the political side…
My feeling was that the court could NOT duck this…
The Constitution does NOT address this….
He agreed…
But he felt the Court, the way it’s curretly made up, would NOT get involved….
Hmmmmm?
Certainly one can make an argument that Mueller “could “indict Trump.
The real question is will he?
I think the answer to that is No.
In effect you and your friend answered the question.Assuming Mueller believes he has a case against Trump,there are a host of other matters to consider.As your friend points out the action would be contested and could drag on for months ,maybe years,The government of the United States would come to a standstill.Further, there are alternatives.Not only impeachment but Trump could be indicted after he left office.
I just don’t see a Special Prosecutor trying to indict a sitting President ,particularly if the matters in question occurred before he became President ,and setting off a huge governmental crisis.
So,No I don’t see this happening.
Most of the people who know Mueller and have been asked the same question go with the no ….
The judge used the approach as if ‘Mueller has the “balls” to have a Grand Jury ‘ pass up the charges….
Remember it would be Rosenstein’s call to go ahead…..
I did point out that IF the guys did go for broke ?
The shit show from even just the throw down would cost Trump…
In the end though?
I believe you and he are correct….
Legally it’s there….
And doable….
But he repeated your reasoning….
It WOULD TEST the office of the Presidency…
And I then moved on to the question of if , as Trump proclaimed he shoot someone in broad daylnght in Times Square, NYC and get away with it?
His answer again was ‘Yes’…..
Arguing about the concept of President’s sending the American military to war….
We both touched on the fact that no such blanket rule applied in a lot of other countries where leaders HAVE been charged and sent to jail for imdivual crimes or even war crimes…
My counter to the Trump boast was that in his boast?
A NYPD police officer COULD affect the arrest (More likely a detective) and Trump WOULD be arrested on State charges….
ON that point?
He agreed…
I loved the conversation…
And hope we get a chance to have more….
There are other Mueller stuff to explore…