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Can a Sitting President be Indicted?

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  • #16
    Originally posted by JimL View Post
    Policy is law as far as those who are bound by it is concerned.
    No, it's not. They are two totally different animals.


    Policy, noun, often attributive
    1a : prudence or wisdom in the management of affairs

    law
    1a(1) : a binding custom or practice of a community : a rule of conduct or action prescribed (see prescribe sense 1a) or formally recognized as binding or enforced by a controlling authority




    You guys just want to play semantical games in order to protect the villainous traitor you adore.
    The first to state his case seems right until another comes and cross-examines him.

    Comment


    • #17
      Originally posted by JimL View Post
      Policy is law as far as those who are bound by it is concerned. You guys just want to play semantical games in order to protect the villainous traitor you adore.
      Jim, you don't have any idea what you are talking about, yet you speak as if you were an expert. It just makes you look stupid. Dunning-Kruger effect I guess. Policy is not law. That is why they are called "policies" and not "laws"

      But let's play your dumb game: Please cite the relevant policy about the President can't be indicted.

      Comment


      • #18
        A) I have no idea.
        2) Trump will be re-elected.
        III) The Wall will never be built.

        Comment


        • #19
          Originally posted by Cow Poke View Post
          No, it's not. They are two totally different animals.


          Policy, noun, often attributive
          1a : prudence or wisdom in the management of affairs

          law
          1a(1) : a binding custom or practice of a community : a rule of conduct or action prescribed (see prescribe sense 1a) or formally recognized as binding or enforced by a controlling authority
          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?

          Comment


          • #20
            Originally posted by Sparko View Post
            But let's play your dumb game: Please cite the relevant policy about the President can't be indicted.
            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.
            The first to state his case seems right until another comes and cross-examines him.

            Comment


            • #21
              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.
              The first to state his case seems right until another comes and cross-examines him.

              Comment


              • #22
                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.

                Comment


                • #23
                  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.
                  The first to state his case seems right until another comes and cross-examines him.

                  Comment


                  • #24
                    OK JimL, please city the policy that Mueller was bound by. And provide a link.


                    Comment


                    • #25
                      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.

                      Comment


                      • #26
                        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.
                        The first to state his case seems right until another comes and cross-examines him.

                        Comment


                        • #27
                          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

                          Comment


                          • #28
                            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....
                            The first to state his case seems right until another comes and cross-examines him.

                            Comment


                            • #29
                              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.

                              Comment


                              • #30
                                Meanwhile, I think Trump is trying to goad the Democrats in to impeaching him.
                                The first to state his case seems right until another comes and cross-examines him.

                                Comment

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