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Mueller faces ‘unique hurdles’ if he wants to press obstruction case against Trump
WashingtonTimes ^ | 15 June 2017 | Print By Andrea Noble, Dan Boylan, Guy Taylor

Posted on 06/17/2017 12:47:34 AM PDT by blueplum

Special counsel Robert Mueller could have a tough time making an obstruction of justice case stick against President Trump, according to legal analysts, who said he will have to overcome a number of “unique hurdles” — not the least of which is a decades-old Justice Department ruling that a sitting president can’t be charged.

Analysts say it will be up to Mr. Mueller to decide whether to accept the long-standing opinion of the Office of Legal Counsel, which ruled in 1973 and again in 2000 that a president has immunity from criminal prosecution.

It’s also not clear that FBI investigations count as “proceedings” that could be obstructed under one of the legal statutes that might be cited in an obstruction case, according to a legal memo prepared last month by the Congressional Research Service.

“Courts have not reached consensus on whether an FBI investigation meets this standard,” the report says of ...

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: mueller; russia; shinyobjects; trump; witchhunt
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To: blueplum

Stopping or interfering with a counterintelligence investigation can’t be obstruction;. That’s the other way to view the “is this a proceeding” question.


21 posted on 06/17/2017 4:47:54 AM PDT by Cboldt
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To: blueplum

Indeed much crow to be served.


22 posted on 06/17/2017 4:51:58 AM PDT by Vaduz (women and children to be impacted the most.)
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To: Engedi

you forgot jihadists. There are many that Obama stocked into the inner workings of the US government.


23 posted on 06/17/2017 5:04:38 AM PDT by Blue Highway (Q)
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To: blueplum

Rosenstein and Mueller should both resign from this administration along with whomever is advising Trump on these appointments.


24 posted on 06/17/2017 5:09:29 AM PDT by bgill (CDC site, "We don't know how people are infected with Ebola.")
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To: DarthVader

Did I criticize General Mattis? Is he running the GOP Congress?


25 posted on 06/17/2017 5:14:04 AM PDT by Williams (Stop tolerating the intolerant.)
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To: Engedi

Trump is an agent of change. At a microcosmic scale, I’ve been in such a position in both public and private organizations.

The embedded “unofficial” organization, i.e. Swamp, will fight him forever. It’s bureaucratic trench warfare.

The best way we can support him is to send the White House words of encouragement with every new “scandal”.


26 posted on 06/17/2017 5:15:35 AM PDT by Makana (Passionate hatred can give meaning and purpose to an empty life. Hoffer)
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To: PubliusMM

agreed, it will collapse unless big changes are made now..


27 posted on 06/17/2017 5:15:37 AM PDT by aces (Islam is satans lies, ask Jesus)
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To: Williams

You are a clueless and he can influence things throughout the Republic. Your arm chair observations are only about 25% on to what is really going on.


28 posted on 06/17/2017 5:26:56 AM PDT by DarthVader ("These lying tyrants are about to get hit with a tsunami of destruction on their evil reign." Gaffer)
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To: Williams
tell me that base will support these traitors.

I think that conservatives should boycott the GA house election to show the Republican part what is coming if they don't get behind Trump. We can lose that one seat now. We can't lose Trump and the GOP needs to understand they are finished if they don't suport him and stop this nonsense tomorrow. Just tell the dims, no impeachment and no conviction, no time, nowhere, no how, and no more hearings, no time, nowhere, no how.

29 posted on 06/17/2017 5:29:44 AM PDT by AndyJackson
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To: Jack Hammer
I'm thinking of the absurdity expressed in the title of this article. Mueller shouldn't want to press obstruction charges. He should want to investigate evidence objectively and have no preconceived notions about where it leads him.

This guy should be fired. There's no question he has an agenda.

30 posted on 06/17/2017 5:30:47 AM PDT by grania (Deplorable and Proud of It!)
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To: RummyChick

Many don’t understand that Trump can play a deep game as well. If and when Mueller advances something against Trump the Pres will counterattack. And viciously. He will prove that the investigation was flawed from the beginning and that if he were an honest individual Mueller would have refused the offer to begin with. He will declare that the findings were politically motivated. He will go to the people and explain that he has the power to amnesty all those caught in the web of Mueller’s deceit. And his followers, in the tens of millions, will applaud.


31 posted on 06/17/2017 5:31:04 AM PDT by Bookshelf
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To: bgill

The process of beginning to compel them to resign has begun. Expect it to heat up.


32 posted on 06/17/2017 5:32:12 AM PDT by DarthVader ("These lying tyrants are about to get hit with a tsunami of destruction on their evil reign." Gaffer)
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Comment #33 Removed by Moderator

To: grania
-- Mueller shouldn't want to press obstruction charges. He should want to investigate evidence objectively and have no preconceived notions about where it leads him. --

Those are good points, worth "fleshing out."

I think Mueller has an aversion to even look at the accusation that Trump obstructed justice. It is the press that is making people believe Mueller is looking at obstruction, but is he?

I know he was appointed after the press published Comey's admitted leak, of Comey (and only Comey) claiming Trump told Comey to go easy on Flynn, as if Comey controls a decision to charge Flynn or not! And I see the narrative crafted by the press that leads to the conclusion that Meuller's appointment exists only or mostly because Trump has been accused of obstructing justice.

But the Mueller appointment letter says otherwise, and all the "nitty gritty details" pieces of information say otherwise. Every press report that concludes Mueller is investigating obstruction is based on unsourced facts and leaps to conclusion. Study any article on the subject.

34 posted on 06/17/2017 5:39:28 AM PDT by Cboldt
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To: Bookshelf

Latest rumor is about bannon out of the rocket docket area. It usually takes a few weeks to see if rumor is true. Involves Intimidation of staff.


35 posted on 06/17/2017 5:44:08 AM PDT by RummyChick (can we switch Don,Jr for Prince Kush and his flak jacket. From Yacht Party to Warzone ready to wear.)
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To: Cboldt

If a made up dossier of Russia prostitutes urinating on a bed is the “justice” and Trump is obstructing that made up story, then THIS is the “obstruction of justice” for which Trump is supposedly guilty? This is crazy.


36 posted on 06/17/2017 5:45:27 AM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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To: RummyChick

For those that know bannon..allegation something happened Tuesday morning..this come from someone who knows staffers

Could all be BS.

We will have to wait and see


37 posted on 06/17/2017 5:48:34 AM PDT by RummyChick (can we switch Don,Jr for Prince Kush and his flak jacket. From Yacht Party to Warzone ready to wear.)
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To: Cboldt

Mueller may or may not yet be investigating for Obstruction, but Rosenstein made it clear back when he appointed Mueller, that he is going to defer to Mueller on not only the scope of the investigation, but even letting Mueller be the one to decide of Rosenstein should recuse himself.

https://apnews.com/35b610bf8d66416798be8abb2ebd85b0/Special-counsel%27s-Trump-investigation-includes-Manafort-case

The AP asked Rosenstein specifically whether Mueller’s investigation could expand to include examining Sessions’ role.

“The order is pretty clear,” Rosenstein responded. “It gives him authority for the investigation and anything arising out of that investigation, and so Director Mueller will be responsible in the first instance for determining what he believes falls into that mandate.”

Rosenstein told the AP that if he were to become a subject of Mueller’s investigation, he would recuse himself from any oversight of Mueller. Under Justice Department rules, Mueller is required to seek permission from Rosenstein to investigate additional matters other than ones already specified in the paperwork formally appointing Mueller.

“I’ve talked with Director Mueller about this,” Rosenstein said. “He’s going to make the appropriate decisions, and if anything that I did winds up being relevant to his investigation then, as Director Mueller and I discussed, if there’s a need from me to recuse I will.”


38 posted on 06/17/2017 6:01:39 AM PDT by Golden Eagle (In God We Trust)
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To: cynwoody

How the hell can the liberal whiners continue going after Trump when odumbo committed hundreds of illegal acts and NO ONE pursued actions against him due to the decades-old Justice Department ruling that a sitting president can’t be charged. It boggles my mind that the “no minds” keep at it again and again.


39 posted on 06/17/2017 6:07:43 AM PDT by DaveA37
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To: Williams

Trump has ongoing lawsuits all the time. He can handle a witch hunt and probably will use it to his benefit.


40 posted on 06/17/2017 6:11:38 AM PDT by TheNext (SLOW FUND Wall = Trump 2020 Trump Jr 2024 Eric 2032)
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