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onenote

(46,101 posts)
55. So explain how this works.
Fri May 25, 2018, 03:33 PM
May 2018

The President fires Mueller (directly/indirectly). Once he's fired, he can't do anything with respect to the sealed indictments. He can't file something with the court asking that they be unsealed because he has no authority to do so.

So the folks under him give that order? Well, that's assuming that they have the authority to do so and don't need the approval of someone above them.

And even if the order is given, exactly what stops the government from moving to voluntarily dismiss some or even all of the indictments. While the Federal Rules of Criminal Procedure (which I doubt Louise Mensch has ever read) require the court to approve a government motion to dismiss an indictment, the case law solidly concludes that courts have very little discretion to deny such a motion, in significant part because it puts the judiciary in the position of usurping the traditional separation between prosecutorial discretion (an executive branch function) and neutral judicial decision-making AFTER a case is tried.

Put more simply, if Mueller has filed sealed indictments (and I don't know if he has, but have my doubts, at least as to how many/against what targets), it's not because they are some sort of protection against his getting fired.

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0 members have recommended this reply (displayed in chronological order):

Why would they let that tidbit of info out? Wouldn't it serve better to keep it quiet? n/t woodsprite May 2018 #1
I think it's pundit guesswork C_U_L8R May 2018 #3
yep all it is is guesswork. in a way letting it out may be certainot May 2018 #50
Look at it as though both sides have nukes Wednesdays May 2018 #6
As a warning. Demsrule86 May 2018 #24
Why announce it? Doesn't sound as if it's coming out of Mueller's office RestoreAmerica2020 May 2018 #39
I hope that this is accurate Gothmog May 2018 #2
Hope so. The problem I can't get out of my head is what happens Eliot Rosewater May 2018 #4
sixty million very dumb, mean, ARMED people 0rganism May 2018 #7
Some are very dangerous and may kill, but almost all are talk and no action. . . . nt Bernardo de La Paz May 2018 #10
"almost all" is almost reassuring: 1% of sixty million is a mere 600000 dangerous psychopaths 0rganism May 2018 #14
That's okay. I have seven.....:) Crappy shot though. dameatball May 2018 #20
A smaller percentage own most of the guns. Most of his supporters that have guns, probably just brewens May 2018 #28
they will have to be reminded that we are a democracy that exists due to rule of law. spanone May 2018 #29
That would be a problem if they were the only ones who are armed. Mr.Bill May 2018 #46
Or police tazkcmo May 2018 #49
As soon as one of them so much as pointed a gun at the Police or Military, Mr.Bill May 2018 #53
You're assuming TheRealNorth May 2018 #57
The police and/or military is not going to join a movement to Mr.Bill May 2018 #58
Yep. I see it all the time. GulfCoast66 May 2018 #51
Think different thoughts vlyons May 2018 #15
LOve it Eliot Rosewater May 2018 #17
+1 Manifest by envisioning. Not blind to risks, but keeps eyes on the prize. No mysticism involved. Bernardo de La Paz May 2018 #21
The line between mysticism and reality is blurry. MGKrebs May 2018 #35
Love it! fierywoman May 2018 #23
It will not end well Perseus May 2018 #27
They've already decided lunatica May 2018 #32
That's exactly right, they won't do shit. Ligyron May 2018 #36
In Wisconsin TheRealNorth May 2018 #67
Pure intimindation with no follow through. Ligyron May 2018 #68
better than the cilla4progress May 2018 #37
If they fight us, we fight back. Period. ecstatic May 2018 #63
Fired Insurance DUgosh May 2018 #5
Recommended. H2O Man May 2018 #8
Looking forward coeur_de_lion May 2018 #61
Yes. H2O Man May 2018 #64
thrilled to hear it coeur_de_lion May 2018 #65
Good news. I've suspected he would and posted my thoughts a few months ago. . . nt Bernardo de La Paz May 2018 #9
Here's a link with a fuller explanation. Qutzupalotl May 2018 #11
Born-To-Run-The-Numbers has said this as well. DinahMoeHum May 2018 #16
Somewhat misleading statement about the dismissal of an indictment onenote May 2018 #30
Excellent info - thanks for that! lagomorph777 May 2018 #34
Excellent article. I think that Mueller would do it if only to preserve the rule of law against a Demsrule86 May 2018 #42
👏 Duppers May 2018 #60
Dr. Strangelove lame54 May 2018 #12
It makes sense bucolic_frolic May 2018 #13
But if the info networks (internet/radio/tv) are all shut down or put into full propaganda mode erronis May 2018 #18
At that point TheRealNorth May 2018 #59
I hope Hayes' source is correct NewJeffCT May 2018 #19
Unsourced speculation that almost certainly is wrong onenote May 2018 #22
But educated guesses -- and speculation very much work that way RandomAccess May 2018 #38
See Post #30 onenote May 2018 #41
I read your comment as a GENERAL statement, not RandomAccess May 2018 #48
Louise Mensch predicted this a year ago. triron May 2018 #25
Then it's probably bullshit. The Velveteen Ocelot May 2018 #52
Then it is correct. Thanks to the remarkable LM & her Team Patriot. Wwcd May 2018 #54
So explain how this works. onenote May 2018 #55
OneNote, this is very confusing - perhaps you can expand a bit. KY_EnviroGuy May 2018 #72
Kicked and recommended. Uncle Joe May 2018 #26
Not a fact... speculation by the guest zaj May 2018 #31
Holy shit. That is the exact term I have using to predict that for a year now! lagomorph777 May 2018 #33
That sounds somewhat like an attempt to make this partisan.... Chakaconcarne May 2018 #40
It is fine to discuss it... I believe no grand jury in the world would fail to indict Trump for his Demsrule86 May 2018 #43
It is partisan...but the GOP made it so by refusing to reign in the president. Demsrule86 May 2018 #44
What's stopping them now? ananda May 2018 #45
What fake news internet BS. former9thward May 2018 #47
I hope so. (n/t) Iggo May 2018 #56
I hope so, and I hope that despite what Ghouliani said, drump ecstatic May 2018 #62
Mueller has a dead man switch. If they start firing people they'll press Send on pile of indictments gristy May 2018 #66
Message auto-removed Name removed May 2018 #69
This was discussed on Morning Joe, but superficially. Ilsa May 2018 #70
Seems to me if there were indictments ready to go, he'd push the switch now. ??? Honeycombe8 May 2018 #71
I know Mueller is smart zentrum May 2018 #73
Yep....I read a couple of months ago Upthevibe May 2018 #74
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