Reply to Grand Jury Issues Sealed Indictments in Mueller Case

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Very interesting twitter rumor running around that Trump could be named as an unindicted co-conspirator, a la Nixon. Process that for a moment. [/quote]

not a lawyer but...that means he can't pardon the other conspirators, right? [/quote]

It’s a bad idea. Terrible really.  Worse than firing Mueller.  Possibly obstruction of justice. But he probably could, technically.  Because he hasn’t been convicted. It’s weird territory. For sure.

The big deal here is that it would mean that Meuller has found evidence sufficient to indict Trump on something, but he can’t while Trump is in office, because a sitting POTUS cannot be indicted. It is the big red arrow pointing at Trump saying “this guy committed this specific crime with these people, so it’s time to impeach him”. Nixon resigned about six weeks after it became public that he was an unindicted co-conspirator. [/quote]
Do we know that Trump can't be indicted? The presidency is not a magic shield.[/quote]

We do not know. Because no one has ever had to indict a sitting POTUS. DOJ OLC guidance from Nixon says no, because the constitution gives us impeachment. If we get there, SCOTUS will decide. But folks go with DOJ OLC guidance until then.

And if SCOTUS goes with DOJ, then yes.  The presidency is a shield. That can be pierced with impeachment. And which disappears when the president is impeached, resigns or leaves office. Indictments come down then. As a practical matter, there are big problems with the executive branch prosecuting a sitting chief executive. Huge, constitutional crisis level problems. If you think Trump wants to fire Mueller is bad, wait until Trump tries to fire every political appointee in the DOJ and FBI, plus the US attorney who is trying his case. That’s right. Trump has the power to fire his own prosecutor at will.  In the middle of his own trial.  It’s a problem. He has to be removed from power before an untianted trial could occur. [/quote]

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