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Thread: Can a Sitting President be Indicted?

  1. #21
    See, the Thing is... Cow Poke's Avatar
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    Quote Originally Posted by JimL View Post
    OLC Policies are organizational rules to be followed by Justice Dept. employees which Mueller is one. Or do you think the OLC has these rules just for the fun of it?
    I saw you were typing something really dumb, so I posted my response at the very same moment.
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  2. #22
    tWebber
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    Quote Originally Posted by Cow Poke View Post
    And, of course, a "policy" is enforced by the body that enacted it, and can be changed, amended, suspended or revoked at any time for any reason by the body.
    But it wasn't changed, was it? Which means Mueller was bound by it.

  3. #23
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    Quote Originally Posted by JimL View Post
    But it wasn't changed, was it? Which means Mueller was bound by it.
    Laws are binding, Jim. Policies, not so much. So, no, Mueller is not bound by a policy.
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  4. #24
    Troll Magnet Sparko's Avatar
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    OK JimL, please city the policy that Mueller was bound by. And provide a link.


  5. #25
    tWebber
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    Quote Originally Posted by Sparko View Post
    OK JimL, please city the policy that Mueller was bound by. And provide a link.

    In 1973 the OLC concluded that the indictment of a sitting President would unduly interfere with the ability of said president to perform his constitutional assigned duties and would thus violate constitutional separation of powers. The view of the DOJ remains that the President is immune from indictment, and that is the OLC rule under which Mueller was operating.

  6. #26
    See, the Thing is... Cow Poke's Avatar
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    Quote Originally Posted by JimL View Post
    In 1973 the OLC concluded that the indictment of a sitting President would unduly interfere with the ability of said president to perform his constitutional assigned duties and would thus violate constitutional separation of powers. The view of the DOJ remains that the President is immune from indictment, and that is the OLC rule under which Mueller was operating.
    He asked for a link. Since you failed to provide one, I'll offer this as a possible source, just because I'm such a nice guy.

    An astute person person would recognize that this is an opinion for a policy, not a law.
    An honest person would admit there's a big difference between a policy and a law.
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  7. #27
    Troll Magnet Sparko's Avatar
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    Quote Originally Posted by JimL View Post
    In 1973 the OLC concluded that the indictment of a sitting President would unduly interfere with the ability of said president to perform his constitutional assigned duties and would thus violate constitutional separation of powers. The view of the DOJ remains that the President is immune from indictment, and that is the OLC rule under which Mueller was operating.
    Thanks. but a link would be nice.

    And it wasn't an OLC rule. It was an legal opinion. An opinion. It isn't policy. or law.

    I found this:

    https://biotech.law.lsu.edu/blaw/olc..._president.htm
    ---
    In 1973, the Department of Justice concluded that the indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties, and would thus violate the constitutional separation of powers. No court has addressed this question directly, but the judicial precedents that bear on the continuing validity of our constitutional analysis are consistent with both the analytic approach taken and the conclusions reached. Our view remains that a sitting President is constitutionally immune from indictment and criminal prosecution.


    Randolph D. Moss
    Assistant Attorney General
    Office of Legal Counsel

  8. #28
    See, the Thing is... Cow Poke's Avatar
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    Quote Originally Posted by Sparko View Post
    Thanks. but a link would be nice.

    And it wasn't an OLC rule. It was an legal opinion. An opinion. It isn't policy. or law.

    I found this:

    https://biotech.law.lsu.edu/blaw/olc..._president.htm
    ---
    In 1973, the Department of Justice concluded that the indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties, and would thus violate the constitutional separation of powers. No court has addressed this question directly, but the judicial precedents that bear on the continuing validity of our constitutional analysis are consistent with both the analytic approach taken and the conclusions reached. Our view remains that a sitting President is constitutionally immune from indictment and criminal prosecution.


    Randolph D. Moss
    Assistant Attorney General
    Office of Legal Counsel
    And that source is cited on the DOJ website as an OPINION....
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  9. #29
    Troll Magnet Sparko's Avatar
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    Quote Originally Posted by Cow Poke View Post
    And that source is cited on the DOJ website as an OPINION....
    tha's what I said.

    JimL has no idea the difference between an opinion, a policy, and law.

    It has never been tested.

  10. #30
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    Meanwhile, I think Trump is trying to goad the Democrats in to impeaching him.
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