Monday, February 26, 2018

OPINION_ The left’s fever dream of Mueller indicting Trump won’t happen, even if he finds something. Here’s why

FOX NEWS

RUSSIA INVESTIGATION just in

The left’s fever dream of Mueller indicting Trump won’t happen, even if he finds something. Here’s why 

OPINION - By Hans A. von Spakovsky | Fox News


Impact of latest charge in Robert Mueller's Russia probe
Former Department of Justice official Robert Driscoll explains significance of charge against attorney Alex Van Der Zwaan.


Thus far, Special Counsel Robert Mueller has not alleged any criminal collusion between the Trump campaign and Russian officials. But what if he does?

Well, if he follows past Justice Department legal guidance adopted by the Office of Legal Counsel (OLC), the answer in regard to the president is pretty much: “Nothing.”

Long ago, back in the Nixon era, OLC concluded that indicting or criminally prosecuting a sitting president would violate the Constitution by undermining “the capacity of the executive branch to perform its constitutionally assigned functions.”

The progressive left knows they don’t have the political power inside Congress to impeach President Trump. But they openly fantasize that Mueller will one day indict him on charges of criminal conspiracy. This, they think, would lead either to his conviction and removal from office, or so severely handicap his presidency that he would be forced to resign.

Unhappily for the left, Mueller, as a special counsel at Justice, is obligated to follow departmental policies.

In 1973, OLC issued an opinion on whether the president, vice president, and other civil officers of the federal government can be subjected to criminal prosecution while in office. It concluded that, while the vice president and other officers (such as cabinet officials) can be criminally prosecuted, the president cannot due to his “unique position under the Constitution.”

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READ MORE:
http://www.foxnews.com/opinion/2018/02/26/left-s-fever-dream-mueller-indicting-trump-won-t-happen-even-if-finds-something-here-s-why.html

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The bottom line is that no matter what evidence Mueller turns up, he can’t indict the president if he follows DOJ policy unless that policy is changed by the Deputy Attorney General or the Attorney General.

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