So, Rudy Giuliani told Fox News and CNN that Robert Mueller said his office will, per Fox News, "abide by DOJ guidelines" that assert a sitting president cannot be indicted. This is not surprising; it is mainly notable if Mueller told Giuliani so.
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[One
#lawdork note to append to this thread: I am not, by this, stating my view on whether I think DOJ’s longstanding position is legally correct—I think the questions raised are fair—but rather stating that it would surprise me to see Mueller be the the one to try to change it.]Show this thread -
Here's the 2000 DOJ Office of Legal Counsel memo on the topic: https://www.justice.gov/sites/default/files/olc/opinions/2000/10/31/op-olc-v024-p0222_0.pdf …pic.twitter.com/D1ODb5eCcq
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The opinion was written by Randolph Moss, a former clerk to Justice Stevens who was nominated to a federal judgeship by Obama: He's now Judge Moss and he sits on the District Court in DC.pic.twitter.com/gJeCDqJCqe
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Chris, think crucial nugget here is less the fact Team Mueller's decided to relay "can't indict a sitting President" DOJ conformance info to Team Trump, but instead is the fact strongly implied/acknowledged that Team Mueller has indeed such evidence that would lead to indictment.
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Basically I'm saying there would be no need to even tell Team Trump this unless Team Mueller indeed had sufficient evidence of crimes committed by
@realDonaldTrump. -
I can easily easily see coming up in a discussion about him sitting for an interview with Mueller.
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I don't disagree with your counter, other than the fact that it really isn't a counter to my point. :-) Personally, I view the legal theory of the DOJ as truly untested in court, and suggest
#SCOTUS may find it an instance of "the Constitution is not a suicide pact". -
I do agree with you that Team Mueller could be using this to get the interview, but I think that's distinct from my point that Team Mueller has evidence of crimes committed by
@realDonaldTrump. An interview to add more evidence for a report to DAG Rosenstein and then who knows...
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Can you please tell Peter Carr if he ever needs some time off, I'd be delighted to take over for the day? I'd be fabulous at saying "no comment," but being southern, I might add, "but thank you for asking."
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Can Trump be indicted after he is out of office?
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Yes, whether it's after impeachment or after term is over.
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Washington Post already has and he lied.
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Chris, how far can Mueller go legally in terms of pre-indictment grand jury process? He believes he can subpoena POTUS. Could he ask the jurors to vote but then pocket it, citing that POTUS can’t be indicted until leaving office?
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Keep up the good work.
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Also, if Mueller has reason and evidence to believe Trump is not a legitimate President, then NOT indicting him would itself contribute to a continuation of a fraud. Giuliani is not telling the truth.
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Ah, but I won't say that. B/c tbh, I'm no longer sure Rudy can form the requisite intent.
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Mueller is by the book. The book says something very different than the misinformation that Giuliani is putting out, again. Giuliani would be motivated to make these statements, as a continuing effort to try matters in the public, because he believes Mueller WILL indict Trump.
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If Rudy just told a flat out lie or misrepresented what was said by Mueller and his team to Rudy and the other Trump attorneys present- SC certainly would call Rudy out as to that. That SC declined comment , I believe Rudy probably is basically accurate here.
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Yup Rudy's is admitting guilt, buthttps://twitter.com/neal_katyal/status/996879530123022343 …
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