Legal circles are also buzzing over whether SDNY might seek to indict a sitting president.

[ffr]

Trump can’t run the Mueller playbook on New York feds



Manhattan-based federal prosecutors can challenge Trump in ways Mueller can’t. They have jurisdiction over the president’s political operation and businesses — subjects that aren’t protected by executive privilege, a tool Trump is considering invoking to block portions of Mueller’s report. From a PR perspective, Trump has been unable to run the same playbook on SDNY that he’s used to erode conservatives’ faith in Mueller, the former George W. Bush-appointed FBI director. Legal circles are also buzzing over whether SDNY might buck DOJ guidance and seek to indict a sitting president.

Alumni from the office have said SDNY's investigative powers and independent streak are so robust that — depending on what it finds on Trump — the office could skirt DOJ legal protocol dating to Watergate that holds a sitting president can’t be indicted. - Politico

But what many continue to forget is, tRump and Co. committed crimes before he became president, so why would DOJ legal protocol even apply? I see no reason why it should. And if office was attained illegally, it should be stripped.

[marylandblue]

1. The thing about not indicting a sitting President is not "legal protocol"

It's two opinions of the Office of Legal Counsel that essentially staked out a defense in the event the special counsels for Nixon and Clinton tried to indict. That's because OLC also provides legal advice to the White House, while SDNY does not. It's not entirely clear that the OLC opinion is at all binding, and if SDNY wanted to challenge it, all they'd have to do is indict Trump before anyone can stop them. Then the courts will decide.

[ProudMNDemocrat]

2. The current AG will protect Trump......

At all costs no matter how many bodies are buried, and how compelling the evidence is.

William Barr IS Trump's GET OUT IF JAIL FREE card so to speak. Trump saw to that.

[smirkymonkey]

3. K&R

I don't care how he goes or how he is ruined, I just care that it happens. Preferably sooner rather than later.

He cannot be a two-term president. It just can't happen.

[gldstwmn]

4. Some people think he's been indicted already. n/t

[onenote]

8. Based on nothing more than wishful thinking.

[onenote]

5. Not addressed: rules that requires US Attorneys to get approval for certain prosecutions

https://www.justice.gov/jm/jm-9-2000-authority-us-attorney-criminal-division-mattersprior-approvals#9-2.111#9-2.111

[ffr]

6. You mean for like organized crime and racketeering indictments?

https://www.justice.gov/jm/jm-9-110000-organized-crime-and-racketeering#9-110.801#9-110.801

[onenote]

7. Among others.

Other examples:

Foreign Corrupt Practices Act violations
Perjury before Congress/Contempt of Congress
Certain money laundering and financial fraud matters

and, finally, the catch-all "sensitive matters" provision:

9-2.155 - SENSITIVE MATTERS

The United States Attorney should keep the Criminal Division apprised of all developments in sensitive criminal matters, particularly those which may generate questions to the Criminal Division or higher authority. See JM Chapters 1-13.000, Urgent Reports, and 1-14.000, Notice to the Deputy Attorney General Required for Certain Criminal and Affirmative Civil Resolutions.

In other words, the SDNY is not going off on its own.