Offbeat Mueller has a lot of options besides indicting Trump. Here they are

22:37  17 may  2018
22:37  17 may  2018 Source:   cnn.com

Mueller tells judge he's ready to move ahead with Papadopoulos sentencing

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So Trump is under a lot of stress contemplating these actions and doesn’t understand the options . In Russia, illegal financial transactions are acceptable behavior, and besides , we have no extradition agreement with Putin. If Trump even suspects that Mueller is on the verge of indicting him

And it is this very strategy that has been backfiring on Trump and revealing that his office is extremely corrupt and has a lot to hide. Much, MUCH easier. If anyone truly believes Mueller is a “dirty and biased” prosecutor, then here ’s a link.

a man wearing glasses © Alex Wong/MANDEL NGAN/AFP/Getty Images

Rudy Giuliani's assertion to CNN this week that President Donald Trump can't be indicted by the special counsel, and thus can't face a subpoena, banks on a series of internal Justice Department policies.

The question to this day is untested in the court system. Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.

According to several legal experts, historical memos and court filings, this is how the Justice Department's decision-making on whether to indict a sitting president could play out:

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But how much of a salve is it that prosecutors might have an option to indict Trump —but only after his presidency is over? What’s more (and it’s a lot more) is Mueller ’s solemn responsibility described earlier.

A third group of five senators are echoing Trump ’s arguments, saying Manafort’s indictment has nothing to do with Trump or that Mueller has a Here are all the responses from Senate Republicans who have commented regarding Monday’s indictments and the potential of Mueller ’s firing.

First, there must be suspicion or allegations of a crime. Did the President do something criminally wrong? If the answer is no, there would be no investigation.

But if the answer is maybe, that puts federal investigators on the pursuit. If they find nothing, Justice Department guidelines say they'd still need to address their investigation in a report summarizing their findings.

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If there could be some meat to the allegations, the Justice Department would need to determine one of two things: Did the potentially criminal actions take place unrelated to or before to the presidency? Or was the President's executive branch power was crucial in the crime?

Giuliani: Mueller's team told Trump's lawyers they can't indict a president

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At that time, it was decided they wouldn’t indict President Nixon, even though he was named as a co-conspirator on the indictment . Will Robert S. Mueller indict Trump ? Yes he will, along with everyone else who has crossed the line.

But how much of a salve is it that prosecutors might have an option to indict Trump —only after his presidency is over? What’s more (and it’s a lot more) is Mueller ’s solemn responsibility described earlier.

That determination will come into play later, because Congress' power to impeach and remove a president from office was intended by the framers of the Constitution to remedy abuse of the office, legal scholars say.

Perhaps, though, the special counsel decides there's enough evidence to prove that the President broke the law.

That's where the Office of Legal Counsel opinions come in.

In 1973 and 2000, the office, which defines Justice Department internal procedure, said an indictment of a sitting president would be too disruptive to the country. This opinion appears to be binding on the Justice Department's decision-making, though it's possible for Deputy Attorney General Rod Rosenstein to choose to override the opinion, give Mueller permission to ignore it and take it to court, or ask the office to reexamine the issue by writing a new opinion.

This sort of legal briefing has been done before, like in the year after the 1973 opinion, when then-special prosecutor Leon Jaworski wrote a Watergate-era memo describing why the President should not be above the law.

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Mueller would have one last move he might make: he could decide to immunize Trump and thereby force him to testify. By most accounts, Mueller is likely bound by the Department of Justice’s current position that a sitting President cannot be indicted , and even after Trump leaves office (after

So, the question is , if Mueller has sufficient evidence of criminal wrongdoing by President Trump , should he ask a grand jury to declare “that the President has violated certain criminal statutes and would have been indicted were he not President.” Our main goal here is to identify this option

Of course, there's another immediate option if a special counsel finds the President did wrong. Prosecutors could use the "unindicted co-conspirator" approach. This would involve the special counsel's office indicting a group of conspirators, making clear the President was part of the conspiracy without bringing charges against him.

At any time, in theory, a special counsel could decide to delay an indictment until the President leaves office -- so as not to interfere with the functioning of the executive branch. The other options would be to drop the case or send an impeachment referral to Congress. As evidenced by Mueller's actions previously in the investigations of Trump's personal attorney Michael Cohen and former campaign chairman Paul Manafort, any steps this special counsel takes will likely come with the full support of the acting attorney general on the matter, Rosenstein.

The question of whether a President could be subpoenaed is a story for another day.

Mueller's office files unredacted memo outlining scope of Russia probe-filing .
<p>Special Counsel Robert Mueller's office notified a federal court in Virginia on Thursday it had filed under seal an unredacted memorandum that is expected to shed light on the scope of his wide-ranging probe into Russian interference in the 2016 presidential election.</p>WASHINGTON, May 17 (Reuters) - Special Counsel Robert Mueller's office notified a federal court in Virginia on Thursday it had filed under seal an unredacted memorandum that is expected to shed light on the scope of his wide-ranging probe into Russian interference in the 2016 presidential election.

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