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marylandblue

(12,344 posts)
17. It shouldn't
Tue Jan 30, 2018, 01:47 PM
Jan 2018

Whenever an issue that includes the question, "Is the President above the law?" has come before the courts, they have always answered "NO!" The issue of criminal indictment has never come to the courts, so sure there is lots of legal theory. But the political theory of the Constitution is that the SCOTUS will guard its jurisdiction as arbiter of the law, and should still answer "NO!" In the end, I think that will be more decisive that any of the law school exercises we've been reading about.

Also, there is a historical footnote to Watergate. The grand jury and members of Jaworski's staff WANTED to indict Nixon, but Jaworski refused to go along. But if everything we suspect about Trump is true, the argument for indictment is much stronger now than it was then.

https://www.upi.com/Archives/1982/06/17/The-Watergate-grand-jury-tried-relentlessly-to-indict-Richard/6784393134400/

Even if he does, what will happen? louis-t Jan 2018 #1
Just indict greymattermom Jan 2018 #2
They can throw out "tradition" SHRED Jan 2018 #3
SHRED, I agree. Putin inside elections and money laundering is unprecedented. Even if no Fred Sanders Jan 2018 #9
Yep SHRED Jan 2018 #13
Co-sign. Mr. Ected Jan 2018 #15
How the President Can Be Prosecuted as a Criminal mrJJ Jan 2018 #4
Absolute immunity for ALL crimes for anyone would never be in any constitution. If you Fred Sanders Jan 2018 #12
The only indictment that can apply to a sitting president is articles of impeachment, mn9driver Jan 2018 #5
Wait a min..... Proud Liberal Dem Jan 2018 #6
it's technically a different question, though i agree with your conclusion. unblock Jan 2018 #11
Mueller indicts on his own, not DOJ marylandblue Jan 2018 #18
Yes, just as important to protect Rosenstein. FM123 Jan 2018 #20
It shouldn't marylandblue Jan 2018 #17
This makes me very sad. MariaCSR Jan 2018 #7
Rules are made by people and for sufficient cause, legally, or not, politically, rules are Fred Sanders Jan 2018 #8
He doesn't have to. He has the NY State attorney general for that. pnwmom Jan 2018 #10
Doesn't Mueller have to refer to DOJ for indictment? Or indict by a federal grand jury? triron Jan 2018 #14
He does not have to refer to DOJ, and he is using a grand jury marylandblue Jan 2018 #21
The Author if a Fake President Fellater and member of the Heritage Foundation and Hoover Institute flotsam Jan 2018 #16
This falls to Rosenstein - thus all the more reason to discredit Rosenstein... asiliveandbreathe Jan 2018 #19
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