Robert Mueller stated he couldn’t indict a sitting President because it is “unconstitutional.” It was a bold statement to make especially since it is not true. This OLC opinion that I presume Mueller is basing his own conclusion upon has not been tested in the courts. Furthermore, there is nothing in the Constitution that says that the President is above the law which is effectively what such a conclusion asserts.
In fact, I would argue the Constitution states the exact opposite: the President is not above the law. And I would probably win my argument dependent only upon the number of beer drinking judges on the bench that might not be totally impartial. When our Constitution was written our founders had just a few years earlier fought a war to end the rule of a man who was legally above the law. That would be the King of England for those who missed the memo. When considering that our founding fathers would not ever want any man to hold that much power ever again, the statement Mueller makes seems absolutely absurd.
It is generally understood that Mueller is basing his conclusion on an untested opinion by the OLC (Office of Legal Counsel) that was offered in 1973. Ken Starr’s team in the 1990’s offered a more recent opinion. Starr’s team asserted that a sitting President can be indicted. Around that same time, a Supreme Court ruling affirmed that a sitting President can face some civil lawsuits (Clinton v. Jones, 1997). And prior to that ruling, in 1982 (Nixon v. Fitzgerald), the Supreme Court’s Chief Justice, Warren Burger, in his concurring opinion that favored protecting Presidents against being sued if their actions were directly associated with official duties, stated this:
“The dissents are wide of the mark to the extent that they imply that the Court today recognizes sweeping immunity for a President for all acts. The Court does no such thing. The immunity is limited to civil damages claims. Moreover, a President, like Members of Congress, judges, prosecutors, or congressional aides — all having absolute immunity — are not immune for acts outside official duties. Ante at 457 U. S. 753-755. Even the broad immunity of the Speech and Debate Clause has its limits…”
“In United States v. Brewster, 408 U. S. 501 (1972), we held that the Speech and Debate Clause does not prohibit prosecution of a Senator for accepting a bribe designed to influence his legislative acts…”
“When judicial action is needed to serve broad public interests — as when the Court acts not in derogation of the separation of powers, but to maintain their proper balance, cf. Youngstown Sheet & Tube Co. v. Sawyer, or to vindicate the public interest in an ongoing criminal prosecution, see United States v. Nixon— the exercise of jurisdiction has been held warranted. In the case of this merely private suit for damages based on a President’s official acts, we hold it is not…The Court has recognized before that there is a lesser public interest in actions for civil damages than, for example, in criminal prosecutions…”
If the Supreme Court ruled that sitting Presidents are not immune from all civil lawsuits (Clinton v. Jones) and if an earlier 1982 ruling included statements by the Chief Justice that indicates civil lawsuits are less worthy of interest than criminal offensives when perpetrated by elected officeholders, then there should be no question that a sitting President can be indicted for criminal offenses. The integrity of the office demands that we have people holding that office who have respect for the law. Presidents are required to face criminal prosecution just like any other citizen, and, in fact, they should be held to a higher bar than any other citizen given the importance of the office.
Failing to prosecute whenever egregious criminal offenses are perpetrated by occupants of our nation’s highest office damages the integrity of the office itself and damages our nation’s credibility as preserver of justice. The arguably errant 1973 OLC opinion was rendered by a likely Presidential apologist at a time when another more infamous President to date faced the threat of criminal prosecution. Had Mueller explicitly stated his intention to follow a traditional standard set by previous Presidential Investigators to refer the matter to Congress then I do not believe many, absent the political pundits, would find fault with that. However, when evaluating the incredible amount of dissention, past Supreme Court opinions and the quality of arguments made against that infamous OLC opinion of 1973, it is all the more reason to believe that Mueller’s assertion that his failure to indict a sitting President is settled constitutional law was a very peculiar legal gaffe to make indeed.
The Republicans’ baseless accusations against Adam Schiff and their ridiculously tacky call for his resignation is not only “Grandstanding” of the worst kind but it is also the most vilest form of projection I have ever seen by one group of individuals in an attempt at projecting their own unapologetic twisted behavior onto somebody else. Not only is this an underhanded political maneuver on the part of these Republicans, it is also way beneath the integrity of even the most civilly debased political being that anyone might imagine can exist.
Adam Schiff, chairman of House Intelligence Committee, is way above the Republican’s dirty tricks. On Thursday, 3/28/2019, Schiff turned the tables on his accusers by highlighting the Republican’s own unethical behavior of not providing the proper oversight of their equally civilly absent President. Schiff convincingly outlined the evidence for collusion in his response to their inane request that dispels any myth that this evidence could ever be interpreted by anyone as “lies.”
Meanwhile these same Republicans fail to consider their own egregious misdeeds of participating in suspect memos tainted with political misinformation and running clandestine missions back and forth between the White House in order to contribute to the ample incidences of obstruction that has been made so public in its presentation by the President and his cast of Reality TV minions. The President’s `actions and the efforts by those in his campaign to coordinate with the Russians while, perhaps, not criminal under today’s laws as opinioned by the Attorney General, is still not OK. It also is certainly not OK for the President and his party line Republican soldiers to continue their vindictive, petty crusade of seeking revenge on their targeted political enemies who had every right to petition for an investigation into the odd behavior of this sitting President towards Russia and into the other strange choices this President has made.
This assertion is especially poignant when you consider that the President’s vindictive actions since the Attorney General released his summary report of the Mueller Investigation seem more representative of a Third World Country Dictator insecure in his own power than it is of a dignified American President who has any understanding at all of what it means to maintain even a minuscule measurement of integrity and decency. We need a return to civility and integrity. It should start with the President in a normal universe. Since that is an impossibility given this Reality TV Star’s DNA, we instead need more people of integrity like Adam Schiff in Washington to shut down and to call out those who apparently are absent any actual integrity of their own.
- MAGA Hats – Just fantastically crafted American knowhow made in China hats; the standard apparel for any marching standoff with your favorite Native American Drummer. $25.99.
- MAWA Hats – Equally crafted with a poignantly stinging overt message about what you really want America to be. $25.99.
- MANA Hats – In honor of all our beautiful friends from Norway. You’re going to love this smart looking hat with a slightly more subtle message about your positive border control and travel ban fears. $27.99.
Trumpolini is implementing his glorious “Trumpolini First” policy by making our country and Federal Workers poor again! Come celebrate this amazing accomplishment at the border with us today! Entertainment will be provided. Some of the festivities will include watching hordes of amnesty seekers subjected to tear gas and loads of other fun but we’re running out of money for some reason to provide you all this great entertainment (we blame this on all the nasty Democrats). So please go to our “GoFundMe” page!
There will be caged children, fireworks, plenty of name calling and testimonials from Federal Workers so happy not to receive their lousy unpatriotic paychecks while the rest of us at the congressional and executive levels feast in celebration! And it should be noted that all Federal Workers know that their scant sacrifice during this shutdown is for the greater good of the great nation of Trumpolini! And remember and don’t forget by supporting this patriotic shutdown endeavor you are working to, “Make Trumpolini Great Again!”
This has been a public service announcement sponsored by the Trumpolini Government’s Trumpolini First Ministry of Public Affairs.
Using his great deductive reasoning skills, Rudy Giuliani concluded that Twitter conspired with anti-Trump forces to malign his Tweet. By failing to include a space between the end of a sentence and the next one, Giuliani errantly produced the hyperlink: G-20.in. This, of course, for most of us in the Tech World, means that Twitter thinks the word combination is a website with a domain extension of “.in” which is similar to “.gov”, “.com”, etc. (i.e. it makes the word combination “clickable”). So, some bright individual noticed that, bought the domain name, “g-20.in” (to make a real website out of the domain name) and put up this great announcement, “Donald J. Trump is a traitor to our country” (see the hyperlink for the full webpage experience). Twitter users could now be directed to this site as they click on Giuliana’s Tweet.
But, rather than find out what really happened, Giuliani constructs this whole elaborate conspiracy theory story that Twitter is behind some grand scheme to defame the President because Twitter allowed “someone to invade my text with a disgusting message.” This makes something that was incredibly funny into something ridiculously funny but also, disturbingly outrageous at the same time because I think, as a former high profile prosecutor, Giuliani should know better. I will refrain from making any kind of comment regarding what that might mean for his legal representative skills, however.
I do not find it too surprising that an agent of a foreign government would take his next offensive strike against democracy and freedom by attacking a former intelligence officer, an officer who, for over 25 years, dedicated his career to protecting our Constitution and the liberties and freedoms it guarantees. It is just the type of action one would expect from someone who wants to thwart an investigation that might expose his illegal activities and alliances. These are the desperate actions of a guilty man not an innocent man who seeks truth, justice and who has nothing to hide.
Ironic, isn’t it; that a President of the United States who is supposed to be protecting our Constitution would attack it so ruthlessly by employing such a thoughtless attempt at curtailing the very freedom our Constitution guarantees with such childlike vindictiveness? Such an action openly violates his oath of office. Not only is revoking Brennan’s security clearance offensive to the ideals of our founding fathers, it is the real treason. It is a high crime. It is a tactic right out of the Hitler, Mussolini, Stalin and Putin handbook. And to tolerate it would be to imply a complacency that no American who truly believes in liberty and freedom can ever accept.
Trump’s action to wield his position as a weapon against those who disagree with his policies threatens the very foundations of our democracy and that of our republic. It shows a blatant disrespect for our republic, our democracy and the intent our forefathers had for our country to be free of despots and tyrants. The seriousness and the far reaching implications of these latest actions by the President to revoke security clearances of his perceived “enemies” can no longer just be excused as simple ignorance, nativity nor the bumbling incompetence of a harmless buffoon, but now must be considered as a calculated effort to circumvent and undermine the very institutions and checks and balances that our forefathers sought to establish to protect our nation against would be despots and tyrants.
“The Republicans who stole Christmas:” all about an evil, devious Tax Plan that takes from the poor single homeowners, robbing them of their tax credits and deductions, to give to the rich corporations. Watch as Mr. Potter and President Bone Spurs, heads of the two biggest New York Wall Building conglomerates, compete to outdo each other in finger-twiddling schemes to reap even bigger rewards from the injustices they are allowed to employ against the struggling, unentitled poor. Yes, the new Tax Plan is their new secret weapon that allows them to upgrade Potterville and Bone Spurs World to even worse living conditions.
Meanwhile, these two robber barons, Mr. Potter and President Bone Spurs, continue to get away with paying no taxes at all. Billionaires, it’s time to watch the little guy lose for once! Forget the George Baily’s of the world and their hapless guardian angels—that’s so passé. Coming to America in the spring of 2018—watch for the new increased federal taxes taken from your paycheck in 2018 to pay for the new Tax Plan in 2019! Check local listings for a theatre near you! Also, in iMAX and 3D!