The Actual Reason Mueller Didn’t Indict
Pages 1 & 2 of Volume II of the Mueller report tells it all. In those pages, Mueller talks about the DOJ’s policy that a sitting president cannot be indicted. Mueller is very careful to explain that he’s not recommending indictment because Trump’s not guilty (he most certainly is); he’s not recommending indictment because DOJ CAN’T indict, and due to that fact, a public assertion of guilt cannot be defended in court because there cannot be an indictment. He even goes so far to say that even a sealed indictment is not practical due to the danger of leaking of that indictment.
So, it’s clear that Trump is guilty of obstruction; it’s also clear that to protect his civil rights, Mueller has declined to recommend indictment and has tossed the responsibility to the Congress (which won’t do anything, of course).
DOJ most certainly CAN indict, it’s just Dept. policy prohibiting it, not law. I’m pretty certain Mr. Mueller knows the difference. However, he also recognizes the pretty slim probability of this particular DOJ deciding to violate this particular Departmental policy, so why waste everyone’s time, and insult their intelligence?
Congress, however, can have an investigative field-day with it.
1Impeachment must proceed.
2Failure for house to indict because a blindly partisan Senate would reject is no excuse.
This would enshrine the idea that partisanship, not law, dictates Impeachment.
Let the Senate were the badge of shome for letting this grifter destroy our constitition for purely partisan reasons. At least if the House does it’s job there remains some small shred of legitamacy for the government.
Also every one of demented donnie’s appointments must be annulled ( including scotus appointments) as the fruit of a poisoned tree.
And this report is just one phase of an ongoing investigation with a grand jury working overtime. there are so many cogs in this machine that it will take awhile to straighten it out. But Trump had better lose sleep over the fact that the minute he walks out of the White House as a former president, he is likely to feel a hand on his shoulder and an arrest warrant shoved in his face from the SDNY.
3‘No person is above the law’: Here’s the most crucial paragraph from the Mueller report
“Under applicable Supreme Court precedent, the Constitution does not categorically and permanently immunize a President for obstructing justice through the use of his Article II powers. The separation-of-powers doctrine authorizes Congress to protect official proceedings, including those of courts and grand juries, from corrupt, obstructive acts regardless of their source. We also concluded that any inroad on presidential authority that would occur from prohibiting corrupt acts does not undermine the President’s ability to fulfill his constitutional mission. The term “corruptly” sets a demanding standard. It requires a concrete showing that a person acted with an intent to obtain an improper advantage for himself or someone else, inconsistent with official duty and the rights of others. A preclusion of “corrupt” official action does not diminish the President’s ability to exercise Article II powers. For example, the proper supervision of criminal law does not demand freedom for the President to act with a corrupt intention of shielding himself from criminal punishment, avoiding financial liability, or preventing personal embarrassment. To the contrary, a statute that prohibits official action undertaken for such corrupt purposes furthers, rather than hinders, the impartial and evenhanded administration of the law. It also aligns with the President’s constitutional duty to faithfully execute the laws. Finally, we concluded that in the rare case in which a criminal investigation of the President’s conduct is justified, inquiries to determine whether the President acted for a corrupt motive should not impermissibly chili his performance of his constitutionally assigned duties. The conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law.”
This paragraph is so important because it lays out why the obstruction portion of the report matters. Attorney General Bill Barr has dismissed the obstruction charges, saying that because Mueller didn’t make a determination about whether Trump committed a crime, it was up to him as the head of the Justice Department to make that call.
Mueller disagrees. He thinks it’s up to Congress — and the constitutional check to make sure “no person is above the law.”
https://www.alternet.org/2019/04/no-person-is-above-the-law-heres-the-most-crucial-paragraph-from-the-mueller-report/
4Tweet this, twit: The Hindentrump has just lifted off for it’s maiden voyage to Lakehurst NJ. The smoking lamp is lit. We’ll be looking forward to a spectacular arrival
5https://www.alternet.org/2019/04/it-is-our-job-alexandria-ocasio-cortez-signs-on-to-the-movement-to-impeach-trump/
6Turns out Senator Richard Burr, NC, head of the Senate Russia investigation was also briefing the kremlin annex about FBIm targets in Drumpf’s circle- just like Devin Numbnuts from congressional Russia investigation.
https://politicalwire.com/2019/04/18/burr-briefed-white-house-on-mueller-targets/
7By the way, there is this:
https://theintercept.com/2019/04/18/dear-democrats-mueller-just-handed-you-a-roadmap-for-impeachment-follow-it/
“Look, I get it. You’re afraid. You’re afraid of the backlash from your Republican counterparts. You’re afraid of losing in the Senate, where — right now — you lack a majority to convict Trump. You’re afraid that impeachment hearings will distract from your party’s 2020 presidential campaign.
8But your job, first and foremost, is to preserve democracy and protect the rule of law. That’s the job assigned to you by the Constitution and also what’s expected of you by the American people. You cannot walk away from it.”