alwaysinasnit
alwaysinasnit's JournalExcellent analysis of the Mueller report for those who, for whatever reason, don't read the whole
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?
Here's the most crucial paragraph from the Mueller report (Rawstory)
https://www.rawstory.com/2019/04/heres-crucial-paragraph-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 Presidents 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 Presidents 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 Presidents constitutional duty to faithfully execute the laws. Finally, we concluded that in the rare case in which a criminal investigation of the Presidents 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 Presidents 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 didnt 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.
....
Why tRump is desperate to hide the Mueller report and his tax returns
From David Cay Johnston's DCReport
https://www.dcreport.org/2019/04/09/why-trump-wants-the-mueller-report-and-his-taxes-kept-secret/
What the FBI May Have on Trump
What FBI agents know, or might know, about Trumps 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 Trumps lawyer and fixer.
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