Fwiw I don’t think the Mueller subpoena for Trump comes next. I think an indictment comes first. Suspect there are a few more pieces for that, but not many.
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The unwritten rule is to avoid high political impact, not to avoid actual candidates. Lawfare Blog got into this. The indictment by Walsh of ex SecDef Weinberger the weekend before the 1992 Presidential election is a classic instance of the controversy. https://www.lawfareblog.com/norms-and-unwritten-rules-facing-special-counsel-trump-presidency …pic.twitter.com/RwJ0oJTXdH
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But what is political impact anyway? TIME is much closer to Marcy, saying fringier folks like Manafort on taxes probably shouldn't count. But a close Trump associate with allegations implicating Trump? Problematic, they say. So Stone, Jr.?pic.twitter.com/G4ouwAFKIm
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Trump's on the ballot?
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Upon booth review I see I may have misunderstood your point. Obviously Trump is not on the ballot. But one or two political observers think this election will be in part a referendum on Trump. If DoJ norms preclude muddying elections nationwide, they'll want to steer clear.pic.twitter.com/6ADt0dYeE8
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Bollocks. Trump will always be "on the ballot." That logic would say there's never a time he can legally be held accountable.
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Well, "close to the election" is the other criteria. A dramatic move in late November will surely resonate in 2020 elections, but time wounds all heels. FWIW, how we got here: Walsh tacked on to his June indictment of Weinberger in Oct '92. Dismissed.https://www.nytimes.com/1992/12/12/us/charge-in-weinberger-case-that-caused-furor-before-election-is-thrown-out.html …
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Hmmm. Let's see. That's an election where the target WAS ON THE BALLOT.
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The target was Weinberger, but he'd been indicted in June. The inclusion of a quote implicating Bush close to the election was problematic. I have yet to see a think piece about DoJ norms suggesting Mueller can't act after the election. Just not close to Nov 2018 or Nov 2020.
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What actually is the guidance on this? Is it written and available to the public anywhere?
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The guidance there is is unwritten. informal.There are NO written DOJ guidelines or policies re such timing of investigations or indictments and, as Marcie suggests here, nothing even informally that would apply to this election cycle other than the odd MoC (Collins, Nunes, Dana)
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There is a written policy, although it doesn’t specify 60 days radio silence: https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/ag-memo-election-year-sensitivities.pdf … The 60 day period is apparently part of an unwritten guideline
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Thanks. But it pertains to elections that people are running in. Again.
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I happen to agree with you on that point. I think Mueller can indict anyone who isn’t on the ballot at any time
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Except for the president. :(
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It is literally always election season in America. Campaigning for federal elections begin when the polls close in the last one. Or before.
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It's like saying the cops can't stop a drunk driver until they're finished driving - preposterous.
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I don't think Robert Mueller or Rod Rosenstein care what people think. They care about protecting the Rule of Law and the Constitution. So, of all possible worries, I'd focus on
#VoteBlue and#ProtectOurVotes. e.g. Call your Sentaor at (202) 224-3121 & demand a vote for#PAVEAct. -
And thank god for these patriots! Everyone else needs to just calm the fuck down and stop listening to Giuliani's lies. I realize it's difficult to be patient, but clearly Mueller is doing his job and doing it well.
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Even Preet Bharara said if the crimes are heinous, an indictment is possible, while he still believes Mueller will follow precedent. But no one knows exactly the depth and breadth of trump's crimes. But I'm betting they're more severe than what's being discussed
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