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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBill Barr's DOJ won't indict Trump while he's in office -- but 27 Democratic AGs can: Ex-Obama lawyer
Now there is this Office of Legal Counsel opinion that is being talked about, that Mueller is talking about, thats a federal opinion. Thats about federal prosecutions, but in our constitutional system, we also have a separate set of prosecutors, state prosecutors, and they arent bound in any way, shape, or form by the office of legal opinion, he explained.
There are currently 27 Democratic Party state attorneys general.
Now, I expect the president, were he indicted by a state prosecutor, to make the same kinds of arguments that hes been making all along, hes immune, hes the king and so on and I think that those arguments will get somewhere when it comes to the trial of a sitting president, but I dont think its going to get to the indictment part. That is, I think that the best arguments, in terms of constitutional law, say you can indict a sitting president at the state level, he explained.
You may not be able to try them for I think important reasons like 1861 I dont think youd want South Carolina to be able to force Abraham Lincoln and haul him in to court to face a criminal trial, because after all, he has the nations business to attend to and a war to prosecute but I think the indictment could happen and so I suspect if there are state charges that are viable, that those can and will be brought against the president, Katyal concluded.
There are currently 27 Democratic Party state attorneys general.
Now, I expect the president, were he indicted by a state prosecutor, to make the same kinds of arguments that hes been making all along, hes immune, hes the king and so on and I think that those arguments will get somewhere when it comes to the trial of a sitting president, but I dont think its going to get to the indictment part. That is, I think that the best arguments, in terms of constitutional law, say you can indict a sitting president at the state level, he explained.
You may not be able to try them for I think important reasons like 1861 I dont think youd want South Carolina to be able to force Abraham Lincoln and haul him in to court to face a criminal trial, because after all, he has the nations business to attend to and a war to prosecute but I think the indictment could happen and so I suspect if there are state charges that are viable, that those can and will be brought against the president, Katyal concluded.
[link:https://www.rawstory.com/2019/07/bill-barrs-doj-wont-indict-trump-while-hes-in-office-but-27-democratic-ags-can-ex-obama-lawyer/|
State Law!!!! Well we know how the right wing LOVE state law! hehe
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Bill Barr's DOJ won't indict Trump while he's in office -- but 27 Democratic AGs can: Ex-Obama lawyer (Original Post)
Soph0571
Jul 2019
OP
'state charges that can and will be brought' - Kaytal is an important, credible authority.
empedocles
Jul 2019
#4
MyOwnPeace
(16,925 posts)1. Oh, we know they do..........
love "state law" when it works in their favor. We'll see what happens now that California has passed some new vehicle emission and "clean water" laws - which "millionaire" donors and corporate big-wigs will go running to the corrupt feds and try to shut them down............
OliverQ
(3,363 posts)2. I'm surprised the NYAG hasn't indicted him yet.
former9thward
(31,973 posts)8. For what state crime?
Thekaspervote
(32,754 posts)3. Thx for posting... very enlightening and encouraging
empedocles
(15,751 posts)4. 'state charges that can and will be brought' - Kaytal is an important, credible authority.
ScratchCat
(1,980 posts)5. He would be sitting under indictment
until he is no longer POTUS. That puts the GOP in a precarious position of allowing a man to run for President simply so he can avoid trial. There would be no valid argument to allow Trump to run for re-election. It would also firm up impeachment.
OnDoutside
(19,952 posts)6. Oh yes PLEASE !!!
Ilsa
(61,694 posts)7. I could see this happening to the next Barak Obama.
Seems like it could tie up a president's legal counsel for years.
former9thward
(31,973 posts)9. It would.
People seem to think these things are a one way street. They are not. The law of unintended consequences always comes into play in politics.