I understand Trump MUST FOLLOW THE LAW and provide Congress with financial records. I'll be darn. Trump and his refusal to recognize his oath of office is found out again!
Second, while the OLC opinion concludes that a sitting President may not be prosecuted,
it recognizes that a criminal investigation during the President's term is permissible.
3...
When Russians, the folks that are the focus of an ONGOING investigation walks into the Oval Office, especially after the Director of the FBI was fired, and is handed highly classified information, it seems really obvious there was a violation in the law. At that point, the facts would speak for themselves and any prosecutor, even a military prosecutor of the JAG Corp. could carry out the indictment.
Trump is carrying out his offensive behavior in breaking his oath of office in plain sight. The facts scream out loud.
3 OLC Op. at 257 n.36 ("A grand jury could continue to gather evidence throughout the period ofimmunity"). (click here)
...The OLC
opinion also recognizes that a President does not have immunity after he leaves office.4
Whoo dee do. What good does that do the USA military when it is lead by a Russian sympathizer?
4 OLC Op. at 255 ("Recognizing an immunity from prosecution for a sitting President would not
preclude such prosecution once the President's term is over or he is otherwise removed from office by
resignation or impeachment").
I am fairly certain the link below is the 1997 version of the US Attorney Handbook. It would be worth a read through by qualified persons in comparison of the 2019 version. I am concerned there are watered down ideas that would reflect a loss of sovereign strength of the USA Constitution.
This is archived content from the U.S. Department of Justice website. (click here) The information here may be outdated and links may no longer function. Please contact webmaster@usdoj.gov if you have any questions about the archive site.
This is the website that houses "Opinion by Volume" of the US DOJ. (click here) There are 34 volumes up to 2008 with two volumes in 1980. The decisions by Attorney Generals and Assistant Attorney Generals can be important, however, there needs to be review by the peer community that also carries weight when these weighty opinions are made. I don't think the DOJ should be freelancing in any opinion without sufficient peer review.
Below is the "Hyde Amendment" regarding the power of prosecution. There is already legislation that can temper opinions of the DOJ.
I. PROSECUTORS' DISCRETIONARY POWER: (click here) WRONGFUL
CONVICTIONS AND CURRENT REGULATION
A. The Breadth of Prosecutorial Discretion
Federal prosecutors wield an enormous amount of power with
broad discretion and few constraints or guidelines.9 Federal prosecutors have the authority to bring charges, decide what charges to
bring, make sentencing recommendations, and control the plea
bargaining process. 10 The decision to charge, in particular, puts the
...And if
individuals other than the President committed an obstruction offense, they may be prosecuted at
this time. Given those considerations, the facts known to us, and the strong public interest in safeguarding the integrity of the criminal justice system, we conducted a thorough factual
investigation in order to preserve the evidence when memories were fresh and documentary
materials were available.
That is the real power of the Special Prosecutor. The ability to record the events in real time and bring evidence to be preserved. It is an important capacity that should not be tampered with.
I am going to take a break.
