Posted on 06/22/2017 12:37:51 PM PDT by jazusamo
“The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.” -- DOJ opinion, October 16, 2000
The Department of Justice has long held that it would be unconstitutional to criminally charge and prosecute a sitting president. The Constitution itself expressly states that “indictment, trial, judgment and punishment” can occur only after a president is convicted upon impeachment (Article 1, Section 3).
However, there is nothing to prevent a special counsel from investigating a president and leveling an accusation with no formal charge. The accusation could be completely manufactured and meritless. Proving it in a court of law would be irrelevant because impeachment is a political act, not a legal one.
A similar scenario has played out before. Independent Counsel Ken Starr investigated President Bill Clinton and leveled accusations of obstruction and perjury which then triggered Clinton’s impeachment. After he was acquitted and left office, Clinton was never indicted because prosecutors knew the case lacked the kind of proof needed in court.
So, is this what special counsel Robert Mueller and fired FBI Director James Comey have in mind? Are they now acting in concert to conjure a case of obstruction where none exists … for the sole purpose of precipitating possible impeachment proceedings? There is nothing to stop them from doing it.
It is a legitimate question, given their cozy relationship. They also have a motive to harm President Trump – retaliation for the firing of Comey.
(Excerpt) Read more at foxnews.com ...
If they pull it off - we storm the castle
This guy would have more credibility if he got his facts straight. The issue with Clinton's perjury and obstruction of justice had nothing to do with "proof" at all. The prosecutors didn't indict him because there's a lot of uncertainty about whether a sitting president can legally be prosecuted while in office.
he won’t be impeached or indicted. He didn’t obstruct anything.
Just might be the trigger a lot are waiting for!There Will Be Blood!
Take NO prisoners!
The uniparty hacks can try it, but they really will not like the subsequent backlash if they manage to succeed.
All I can say is if the fed swamp ousts President Trump, CWII is on!
Article one, section 3 says no such thing.
I believe he’s right about the perjury, Clinton lied in a federal court.
Mueller, however, still has his reputation intact, although questions are arising from his hiring practices. Still, he has his reputation. The question is whether Mueller is willing to throw it all away in a kamikaze attack on Trump, just to avenge Comey?
Does Mueller think that DC will ultimately reward him and restore his reputation if he seriously pursues this?
-PJ
“This guy would have more credibility if he got his facts straight”
Jarret does have his facts straight - read it again.
He’s talking about why they didn’t indict Clinton AFTER he left office.
I am in.
Jarrett has definitely been supporting Pres. Trump on the legalities of the Mueller Witch hunt.
The piece you replied to referred to "after he left office." I think the reason given, to hard to prove, is bogus. He lied, no question, and it was a material fact in the Jones case. The reason he wasn't charged is prosecutorial discretion. People lie ALL THE TIME in trials, and prosecutions are rare because it just isn't worth the trouble in the grand scheme of things. has nothing to do with being able to prove the charge.
The Libby and Stewart cases are aberrations from the norm.
I don't think Mueller has obstruction on his plate, anyway.
Many experts in constitutional law will point to Article I, Section 3 of the U.S. Constitution and suggest that conviction in a Senate impeachment trial would be necessary for any further prosecution to take place.
FGS, GO AFTER hilLIAR, Commey, Mueller, Lynch, the Foundation, et al
Sesssions, wake up! This isn’t about the false narrative of “Russia”
Congress, you too wake up . . .or there will be HELL to pay
“Sounds like they could try, if so, hopefully there won’t be enough GOPe turncoat RINOs to pull it off.”
If the Special Counsel/Prosecutor Mueller gets the investigation to that point, the reputation of Donald Trump will be destroyed and it’s all over! The investigation MUST be stopped now. At the very least Mueller must recuse himself and they should install someone completely in support of Trump. They should fire all those lawyers who were pro-Clinton, also a conflict of interest!
Yes he has and I give him much credit.
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