General Discussion

SHRED

(28,136 posts) Mon Dec 10, 2018, 05:07 PM Dec 2018

Questions about the DOJ policy

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I can see why the DOJ has the policy of not indicting a sitting President but does this include if, for instance, the President murdered someone?
How about conspiring with Russia to obtain the office of President?

Where does this policy end or does it cover all situations?

3 replies

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Highlight:

Questions about the DOJ policy (Original Post) SHRED Dec 2018 OP

That's the question being posed and discussed by policy and law experts. Claritie Pixie Dec 2018 #1

I think the policy assumes that if the crime is serious enough then "responsible" parties in dameatball Dec 2018 #2

The term "policy" is being misused. marylandblue Dec 2018 #3

Claritie Pixie

(2,199 posts)

1. That's the question being posed and discussed by policy and law experts.

Reply to SHRED (Original post)

Mon Dec 10, 2018, 05:12 PM

Dec 2018

The fact that it's being discussed tells me the policy can and will be challenged since there is no precedent for the current situation.

dameatball

(7,397 posts)

2. I think the policy assumes that if the crime is serious enough then "responsible" parties in

Reply to SHRED (Original post)

Mon Dec 10, 2018, 05:17 PM

Dec 2018

Congress would impeach the President and remove him/her from office. Crimes could then be addressed by the legal system. However, we have seen that most Republicans will not do that at this point. Who knows what it would actually take to get them to reach the necessary number of votes in the Senate? Murder is pretty hard to cover up. Conspiring with Russia has so many convenient avenues in which to obstruct.

I think when Mueller's report comes out it may convince enough Repubs to impeach. If not it will probably still be enough to either remove Trump from the 2020 ticket or sink him in an election.

marylandblue

(12,344 posts)

3. The term "policy" is being misused.

Reply to SHRED (Original post)

Mon Dec 10, 2018, 05:34 PM

Dec 2018

Policy is an official determination of how something shall be handled and promulgated by the appropriate level of command. The "policy" is an 18 year old opinion of the Office of Legal Counsel. It's basically legal advice for the government. It can be used to make policy, but it is not, itself, policy.

Policy is also not legally binding. The Attorney General can deviate from or change policy at any time for appropriate reasons. He can also seek a new OLC opinion.

So the issue here is not one of policy, but circumstance. When the investigation is finished and the facts are known, would Mueller or the AG choose to indict? If they do, it's an executive decision that will be immediately challenged in court. If they don't, and it seems bad enough, someone will seek standing in court to force an indictment.

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