Hold on for one second, there is a DOJ guideline not a rule. Which is an opinion of legal counsel but lacks a legal ruling. The thing of it is there is not a legal ruling because the issue is one of the most singular constitutional questions there is. I tend to agree with the opinion that mueller is a company man and he will abide by the guidelines but if, IF we are in a situation where a sitting president conspired against the American people to attain the office of the presidency then we are in a whole new world. That charge is much more severe than perjury or obstruction and Mueller and Rosenstein will have a harder time with the guidelines and may rightly pursue a legal remedy.
Passing the buck to Congress is a cop out. There’s no way the framers intended to protect a sitting president that illegally gained the office. The house as it is right now will not impeach Trump if he shot someone on the White House lawn.
It is part of the DOJ Manual which provides the operating rules for prosecutors - although not a rule binding upon the public under administrative rulemaking authority- if that helps you to do your crabwalk in any way......which it does not. And my point stands: There is a DOJ departmental rule binding on prosecutors that says that a prosecutors will not indict a sitting president. Because it is a rule the department can change that but my point remains the same: ie. to try to indict Trump would just create another example where the DOJ set aside existing rules and policies to go after Trump. You can get away with it but it what it is if it is done. Another "HQ Special" and "Insurance Policy" suddenly made available just for Trump.
I don't think the Framers exactly had the DOJ in mind - versus Congress- for initiating the action- considering that there was no DOJ until it was created by Congress after the Civil War- 1870 or something like that.
Oh, make no mistake doing the right thing can look bad and takes courage oftentimes but it’s still the right thing. Like I said the perjury and obstruction stuff I honestly doubt mueller and Rosenstein would seek prosecution but using illegal means to obtain the office of the president is a whole other level that may be rightly handled in the courts.
Correct and I have pointed that out before. Trump is actually the Chief Law Enforcement Officer of the United States- not the Attorney General. All the lefties make the case that the Constitution prohibits the President from becoming involved in any justice department or law enforcement activities or "interfering" by letting his views and goals be known. No it doesn't and there was a hundred year period where the president ran those operations directly. Congress can assist the president by creating the justice department but cannot take that core power away from him as he is required by the Consitution as President to "take care that the laws are faithfully executed."
Yeh sure. Same argument that Strzok, McCabe, Comey, Page, Ohr etc make. They allegedly have a duty to make sure that president that they know is right for this country ends out in power and the president duly elected by the ignorant peasants and deplorable is removed through their special duty to do so. Sometimes those weaknesses in the Constitution can be fixed with a quick meeting out on the tarmac.
You're right and wrong. Of course the Framers did not intend to protect a sitting President that illegally gained the office. But of course it is highly unlikely the Founders envisioned a Congress such as the current one. Passing the buck to Congress is the only way Mueller can proceed if we are still undr the rule of law. He isn't an 'independent prosecutor', and DOJ can't prosecute their boss. If Mueller's investigation turns up evidence that the President committed serious crimes, and I am confident it will, he has to go to Congress rather than DOJ, because the President will be unenthusiastic about seeing himself prosecuted. The DOJ is part of the Executive Branch.* For that reason Mueller will wait until after the Mid-term election and then let the chips fall where they may, unless of course his hand is forced. ________ * Regarding the Presidents lack of enthusiasm, you should feel confident in trusting me.