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Thu Apr 18, 2019, 03:08 PM

Mueller effectively says 'I was never going to accuse POTUS of Criminal Conspiracy in this report'

See the details spelled out in KPete's post here:

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=12023618

In a bout of somewhat circular reasoning, he explains why not, which basically amounts to this:

Because of the fact that a Sitting POTUS cannot be indicted, per DoJ Prosecutorial guidelines, while DoJ Fairness guidelines direct that persons who WON'T be indicted for a given crime should not be accused by DoJ of having committing that given crime ... there was NEVER actually ANY potential for the Mueller Report to claim outright ... that POTUS was involved in a criminal conspiracy with Russians.

It was logically impossible for him to do so, based on DoJ guidelines.

And if you accept Barr's further interpretation (which is BULLSHIT) that a person can essentially never 'obstruct justice' *unless* there's an underlying offense for which they ARE prosecuted, clearly it would be impossible for a POTUS to ever obstruct justice, either, since he's above the law to begin with in terms of being prosecuted.

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Reply Mueller effectively says 'I was never going to accuse POTUS of Criminal Conspiracy in this report' (Original post)
mr_lebowski Apr 2019 OP
guillaumeb Apr 2019 #1
mr_lebowski Apr 2019 #2
spooky3 Apr 2019 #6
FiveGoodMen Apr 2019 #3
mr_lebowski Apr 2019 #4
tymorial Apr 2019 #5

Response to mr_lebowski (Original post)

Thu Apr 18, 2019, 03:12 PM

1. Guidelines do not constitute the law.

But with many investigations still happening, Trump's problems are not over.

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Response to guillaumeb (Reply #1)

Thu Apr 18, 2019, 03:16 PM

2. No, but they are, effectively, in the position that Mueller was in (OSC), HIS LAW!

I didn't say Trumps problems are over.

I said Mueller basically explains, in roundabout but still quite discernible language, that he really was never at liberty to accuse Trump of Conspiracy with Russians in his report.

Therefore, the fact that he DOESN'T ... means basically nothing in terms of whether or Trump did so or not.

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Response to mr_lebowski (Reply #2)

Thu Apr 18, 2019, 03:57 PM

6. That's my understanding of what Ari and guests have said, too. Nt

Nt

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Response to mr_lebowski (Original post)

Thu Apr 18, 2019, 03:25 PM

3. Much like Nixon's "If the President does it, it's not a crime"

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Response to FiveGoodMen (Reply #3)

Thu Apr 18, 2019, 03:26 PM

4. Pretty much exactly, yup :( (nt)

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Response to mr_lebowski (Original post)

Thu Apr 18, 2019, 03:27 PM

5. Yes. Where there is a question of jurisdiction the special counsel must confer with the AG

Its spelled out right in the Special Counsel Regulation: 28 CFR § 600.4


§ 600.4 Jurisdiction.

(a)Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated and/or prosecuted.

(b)Additional jurisdiction. If in the course of his or her investigation the Special Counsel concludes that additional jurisdiction beyond that specified in his or her original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of his or her investigation, he or she shall consult with the Attorney General, who will determine whether to include the additional matters within the Special Counsel's jurisdiction or assign them elsewhere.

(c)Civil and administrative jurisdiction. If in the course of his or her investigation the Special Counsel determines that administrative remedies, civil sanctions or other governmental action outside the criminal justice system might be appropriate, he or she shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General.


I truly wish some people on here would do just a little research before concluding that Mueller could do anything more than what he has done. And for that matter, that he was somehow acting to protect Trump.

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