Last weekend I finally found the time to read https://www.justice.gov/olc/opinion/sitting-president%E2%80%99s-amenability-indictment-and-criminal-prosecution … (the now famous OLC opinion that a sitting POTUS can't be indicted). And I researched the relevant parts of the JM. I now believe more than ever that Trump either already is indicted under seal, or will be.
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Yes, I know that this OLC opinion explicitly states that a sitting US president shouldn't be indicted under seal either, but I think this part of the argument specifically is flawed on many levels.
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For example, the same argument could be made for the position that a US president shouldn't even be investigated, as this would come with the same risk of leaks. However, it doesn't seem like the OLC opinion as a whole is actually making that argument.
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Moreover, the "Individual 1" filing already had caused many of the consequences the OLC opinion lists as reasons why a president shouldn't be indicted. So it raises the question what remaining negative consequences would really be avoided by not indicting this POTUS under seal.
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Replying to @oe1cxw
I consider it ludicrous that any person should be above the law, but then again I’m not a judge.
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Yes, I fully agree, nobody should be above the law. But that's a philosophical point and it wasn't the question I researched.
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