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Name: Dolores
Gender: Female
Hometown: California
Home country: USA
Current location: California
Member since: Thu Nov 30, 2017, 02:58 PM
Number of posts: 4,323

Journal Archives

Excellent analysis of the Mueller report for those who, for whatever reason, don't read the whole


Posted by alwaysinasnit | Sat Apr 20, 2019, 04:53 PM (49 replies)

A question for the legal beagles here. I watched Rachel tonight and in discussing

Mueller's report, she mentioned the two paths to make 45 accountable; impeachment or criminal charges once 45 leaves office. In describing the criminal charges path, Rachel mentioned that there is a statute of limitations of 5 years from the date of the criminal act (obstruction of justice). Mueller made a point of saying that he is following the DOJ's prohibition against indicting a sitting president. If that is the case, can a valid argument be made that that same DOJ policy justifies the tolling of the statute of limitations?

Any thoughts?
Posted by alwaysinasnit | Fri Apr 19, 2019, 10:26 PM (9 replies)

Here's the most crucial paragraph from the Mueller report (Rawstory)


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 Presidentís ability to fulfill his constitutional mission. The term ďcorruptlyĒ 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 ďcorruptĒ official action does not diminish the Presidentís 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 Presidentís constitutional duty to faithfully execute the laws. Finally, we concluded that in the rare case in which a criminal investigation of the Presidentís conduct is justified, inquiries to determine whether the President acted for a corrupt motive should not permissibly chill his performance of his constitutionally assigned duties. The conclusion that Congress may apply the obstruction laws to the Presidentís 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 didnít 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.

Posted by alwaysinasnit | Thu Apr 18, 2019, 06:06 PM (6 replies)

Why tRump is desperate to hide the Mueller report and his tax returns

From David Cay Johnston's DCReport


What the FBI May Have on Trump

What FBI agents know, or might know, about Trumpís financial dealings during the years he worked with Sater would be of immense concern to Trump, especially if he laundered money for Russian-speaking individuals or their organizations.

The documents also help explain why Trump falsely testified under oath in a civil case that he barely knows Sater, even though the two men worked closely together for years. Trump gave the mobster an office in the Trump Organization suite in Trump Tower after he was sentenced, just a few doors down from his own office, said Michael Cohen, who was for years Trumpís lawyer and fixer.
Posted by alwaysinasnit | Tue Apr 9, 2019, 02:35 PM (4 replies)
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