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Mon May 6, 2019, 07:29 PM

What Jurisdiction Does The OLC Have?.....

If I understand correctly - they are the body that says 'you can't indict a sitting president'. How can they say that? What is their power to have what they say stick?

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Reply What Jurisdiction Does The OLC Have?..... (Original post)
global1 May 2019 OP
TomSlick May 2019 #1
UniteFightBack May 2019 #2
global1 May 2019 #3

Response to global1 (Original post)

Mon May 6, 2019, 09:57 PM

1. It doesn't have jurisdiction as such.

The Office of Legal Counsel is, as strange as it sounds, the lawyers for the Justice Department. The OLC concluded in the Nixon years that a sitting President could not be indicted. The OLC memo has no legal effect. It is nothing more than a matter of Justice Department policy. Moreover, the policy determination of the OLC memo is always subject to change.

All of that being said, since the Justice Department is always under the control of the Attorney General who, in turn, is appointed by the President, it is unlikely that any Justice Department will ever indict a sitting President.

We have hit an inherent flaw in the system. The Attorney General is a political appointee. The independence of the Justice Department is a matter of norms - not laws. When an administration does not respect venerable norms, the system falls apart. If an Attorney General's loyalty is to a President instead of the Constitution or the rule of law, the name "Department of Justice," is a cruel misnomer.

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Response to TomSlick (Reply #1)

Mon May 6, 2019, 10:00 PM

2. I agree...this is a real problem. nt

 

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Response to UniteFightBack (Reply #2)

Tue May 7, 2019, 12:17 AM

3. When This Is All Behind Us - Trump That Is......

There needs to be a massive overhaul of loopholes and laws so that we are never put in such a situation again.

Trump has exploited all the loopholes and has total disregard for the law - that checks need to be put into place to prevent future occurrences.

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