•   
  •   
  •   

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 rejects Trump request to answer questions in writing

  Mueller rejects Trump request to answer questions in writing Special counsel Robert Mueller has denied President Trump's request to answer Russia probe questions in writingFormer New York Mayor Rudy Giuliani, who is now on President Trump's legal team, told CBS News correspondent Paula Reid Monday afternoon that special counsel Robert Mueller's office has rejected proposals to allow Mr. Trump to answer questions from investigators in writing.

Here they are . CNN 5/17/2018 By Katelyn Polantz, CNN. 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.

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.

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:

Judge refuses to dismiss ex-Trump campaign aide Manafort's criminal case

  Judge refuses to dismiss ex-Trump campaign aide Manafort's criminal case A federal judge refused on Tuesday to dismiss criminal charges brought by Special Counsel Robert Mueller against President Donald Trump's former campaign manager Paul Manafort, after Manafort claimed that Mueller had exceeded his prosecutorial powers. In a sharp rebuke of those claims, Judge Amy Berman Jackson, of U.S. District Court for the District of Columbia, ruled that Deputy Attorney General Rod Rosenstein had followed all the Justice Department's rules when he hired Mueller and Mueller's case against Manafort is not overly broad or improper.

Here they are . Trump responds to Mueller indictment news. Kremlin dismisses Mueller 's indictment of 13 Russians. Mueller 's real questions for Trump will be a lot tougher. Mueller indicts 13 Russian nationals over 2016 election interference.

WASHINGTON (CNN) -- 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 Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.

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.

Hot Pockets, mismatched chairs and a critical mission: Inside year one of the Mueller investigation

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

  Giuliani: Mueller's team told Trump's lawyers they can't indict a president Special counsel Robert Mueller's team has informed President Donald Trump's attorneys that they have concluded that they cannot indict a sitting president, according to the President's lawyer. "All they get to do is write a report," Trump lawyer Rudy Giuliani told CNN. "They can't indict. At least they acknowledged that to us after some battling, they acknowledged that to us.

Here they are . Trump responds to Mueller indictment news. Kremlin dismisses Mueller 's indictment of 13 Russians. URGENT - 12 Russians indicted in Mueller investigation. Mueller 's real questions for Trump will be a lot tougher.

WASHINGTON (CNN) - 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 Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.

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.

Mueller's office files unredacted memo outlining scope of Russia probe-filing

  Mueller's office files unredacted memo outlining scope of Russia probe-filing 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.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.

WASHINGTON (CNN) - 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 Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.

WASHINGTON (CNN) - 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 Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.

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 tells judge he's ready to move ahead with Papadopoulos sentencing .
Special Counsel Robert Mueller's team has told a court he is ready to move ahead with the sentencing of former Trump campaign foreign policy adviser George Papadopoulos. "The parties respectfully request that the Court refer this case for the preparation of a presentence investigation report," the filing from Mueller's team reads.The development shows that Mueller's team could be looking to kickstart the sentencing proce ss.Papadopoulos pled guilty to lying to the FBI last year and has cooperated with Mueller's team, according to court filings cited by ABC News. He has also been free on bond since pleading guilty.

—   Share news in the SOC. Networks

Topical videos:

This is interesting!