Because of the US DOJ Department of Justice’s Office of Legal Counsel’s (OLC) legal memo stating that the Special Counsel/ prosecutor cannot indict a sitting US president for a criminal offense, the FBI’s Special Counsel Robert Mueller III was barred from criminally charging the republican President Donald Trump or for even specifically stating that President Trump was guilty of having obstructed justice on numerous occasions.
Mr. Mueller was required to deliver the FBI’s final report to the head of the DOJ, the Attorney General William Barr which he did. Surprising all of us, Mr. Barr took on the role of the president’s personal attorney versus representing the American peoples, by revealing publicly his determination that the president had been exonerated for conspiring with Russians in its 2016 attacks against US elections’ infrastructure and for ‘obstruction of justice’ criminal charges. He deliberately lied about what was contained in the FBI’s final report, where the Special Counsel Mueller took just the opposite stance, that based on his findings, he could not exonerate the president.
Mr. Mueller’s report is the indictment which he’s transferred to the US House of Representatives, for it to take action by commencing an impeachment inquiry. To avoid this step means that the Democrats are absconding their constitutional duty to hold the president accountable for his criminal activity. Avoidance is a precedent that will not stand the test of time.
Here is the rest of the story…
Even FOX News senior legal analyst Judge Andrew Napolitano agrees that President Trump is worthy of being impeached…
On April 25, 2019, Judge Andrew P. Napolitano, Senior legal analyst for Fox News penned the following opinion piece, “Judge Andrew Napolitano: Did President Trump obstruct justice?”
“When the Department of Justice designated Robert Mueller as special counsel to take over the FBI investigation of the Trump campaign in May 2017, Mueller’s initial task was to determine if there had been a conspiracy — an illegal agreement — between the campaign and any Russians to receive anything of value.”
“When former FBI Director James Comey informed Mueller that he believed Trump fired him because he had declined Trump’s order to shut down the investigation of Trump’s campaign and of his former national security advisor, retired Lt. Gen. Michael Flynn, Mueller began to investigate whether the president had unlawfully attempted to obstruct those investigations.”
“We now know why Trump was so anxious for the FBI to leave Flynn alone.”
“Flynn was charged and pleaded guilty to lying to the FBI about whether he discussed sanctions in a telephone call with then-Russian ambassador to the United States Sergey Kislyak, before Trump became president. Such a communication could have been unlawful if it interfered with American foreign policy.”
“So, when Trump learned of the lie, he fired Flynn. Yet in his plea negotiations with Mueller, Flynn revealed why he discussed sanctions with Kislyak — because the pre-presidential Trump asked him to do so. An honest revelation by Trump could have negated Flynn’s prosecution. But the revelation never came.”
“Last week, Attorney General William Barr released publicly a redacted version of Mueller’s final report. That report concluded that notwithstanding 127 confirmed communications between the campaign and Russians from July 2015 to November 2016 (Trump said there were none), the government could not prove the existence of a conspiracy.”
“On obstruction, the report concluded that notwithstanding numerous obstructive events engaged in by the president personally, the special counsel would not charge the president and would leave the resolution of obstruction of justice to Congress. Congress, of course, cannot bring criminal charges, but it can impeach.”
“Trump initially claimed that he had been completely exonerated by Mueller — even though the word “exoneration” and the concept of DOJ exoneration are alien to our legal system. Then, after he learned of the dozen or so documented events of obstruction described in the report, Trump used a barnyard epithet to describe it.”
“The Constitution prescribes treason, bribery or other high crimes and misdemeanors as the sole bases for impeachment. We know that obstruction of justice constitutes an impeachable offense under the “high crimes and misdemeanors” rubric because both presidents in the modern era who were subject to impeachment proceedings — Richard Nixon and Bill Clinton — were charged with obstructing justice.”
“Obstruction is a rare crime that is rarely completed. Stated differently, the obstructer need not succeed in order to be charged with obstruction. That’s because the statute itself prohibits attempting to impede or interfere with any government proceeding for a corrupt or self-serving purpose.”
“Thus, if my neighbor tackles me on my way into a courthouse in order to impede a jury from hearing my testimony, and, though delayed, I still make it to the courthouse and testify, then the neighbor is guilty of obstruction because he attempted to impede the work of the jury that was waiting to hear me.”
“Mueller laid out at least a half-dozen crimes of obstruction committed by Trump — from asking former Deputy National Security Adviser K.T. McFarland to write an untruthful letter about the reason for Flynn’s chat with Kislyak, to asking Corey Lewandowski and then-former White House CounseL Don McGahn to fire Mueller and McGahn to lie about it, to firing Comey to impede the FBI’s investigations, to dangling a pardon in front of Michael Cohen to stay silent, to ordering his aides to hide and delete records.”
“The essence of obstruction is deception or diversion — to prevent the government from finding the truth. To Mueller, the issue was not if Trump committed crimes of obstruction. Rather, it was if Trump could be charged successfully with those crimes.”
“Mueller knew that Barr would block an indictment of Trump because Barr has a personal view of obstruction at odds with the statute itself. Barr’s view requires that the obstructer has done his obstructing in order to impede the investigation or prosecution of a crime that the obstructer himself has committed. Thus, in this narrow view, because Trump didn’t commit the crime of conspiracy with the Russians, it was legally impossible for Trump to have obstructed the FBI investigation of that crime.”
“The nearly universal view of law enforcement, however, is that the obstruction statute prohibits all attempted self-serving interference with government investigations or proceedings. Thus, as Georgetown Professor Neal Katyal recently pointed out, former Detroit Mayor Kwame Kilpatrick was convicted of obstruction for interfering with an investigation of his extramarital affair, even though the affair was lawful.”
“On obstruction, Barr is wrong.”
“So, the dilemma for House Democrats now is whether to utilize Mueller’s evidence of obstruction for impeachment. They know from history that impeachment only succeeds if there is a broad, national, bipartisan consensus behind it, no matter the weight of the evidence or presence of sophisticated legal theories.”
“They might try to generate that consensus by parading Mueller’s witnesses to public hearings, as House Democrats did to Nixon.”
“The president’s job is to enforce federal law. If he had ordered its violation to save innocent life or preserve human freedom, he’d have a moral defense. But ordering obstruction to save himself from the consequences of his own behavior is unlawful, defenseless and condemnable.”
Gronda, it is good to see more conservative voices speaking to the truths in the report. The story is going to build, if not for one simple reason, the President cannot let it go and continues to obstruct with his inability to tell the truth. Yet, as saner minds with a conservative bent start using the impeachment and resignation words, it will force more consensus. We need to reach out to GOP Senators and ask them why they choose not to act, especially with his fighting the subpoenas. This is not a kingdom. Keith
LikeLiked by 1 person
Next week, I’ll be making calls to our US GOP senators. Thank you again for taking the time to do this as well. I’ve been disappointed by the GOP lawmakers who are more worried about keeping their jobs than with doing what’s right.
We’ve just seen this with the Deputy AG Rod Rosentstein. To keep his job when he was confronted by the White House with the news that he had considered wearing a wire to record conversations of his conversations with President Trump around May 2017 that he caved and promised to land the plane for the president.
He worried more about keeping his job. Ethics went out the window. The president really does test one’s character. He’s beyond toxic.
I don’t want the democrats to fail to do their duty because they’re worried about political repercussions. Then they’re no better than their GOP colleagues who are doing likewise.
The democrats need to get a hold of the president’s financial records. If a congressional subpoena doesn’t work within a reasonable time frame, then it’s time to invoke articles of impeachment which gives much more power to House Democrats to be able to successfully collect these records.Despite what President Trump keeps saying, the Supreme Court can’t help him, once the impeachment process has begun.
I saw this yesterday, and my jaw dropped to see a Fox ‘News’ commentator speaking the truth and not in Trump’s favour, for a change. I wonder how long it will be before he is relieved of his duties at Fox?
I agree that impeachment is the right course, but I also agree with Nancy Pelosi, the time is not just yet. If the impeachment process is started right now, I believe it would fail, which would leave us in a much worse position than we are currently. Timing is of the essence. Let us hope some of the republicans in Congress can be convinced that it is time to move, for then we have a chance at succeeding.
LikeLiked by 1 person
Here’s the deal. The GOP will frame the result of the Mueller report to where it will lose the power of its words.
The GOP are already painting the picture for the American peoples that there’s nothing there.
We are going to lose the message war if the Dems don’t file ‘articles of impeachment’ where the rules grant the US House Democrats a lot greater power to collect data like the president’s financial records and the Supreme Court cannot intervene.
Once the Dems have the financial records including the president’s IRS forms, then the Dems will have the smoking gun. This would be similar to the value of the tapes in the Watergate era.
The Dems can try to get those records via court system which could take years (I’ll blog later on why that is) or they could pass GO and go straight for impeachment. They have to act on faith that eventually, as more information is revealed, the American peoples will get why Democrats are taking this step.
My big question is: What happens if President Trump wins reelection?
LikeLiked by 1 person
For Trump’s most ardent supporters, the Mueller report never had any power … they simply believed what AG Barr told them and what Trump told them because it fit what they wanted to hear. There is a part of me that DOES want to see the impeachment process begun … at about 8:00 a.m. today! I just think there is so much at stake that I would like to see them wait at least until Mueller has testified. I also heard that Kline will, in fact, be testifying on the security clearances breech. Then, if Trump is still refusing to comply, placing himself in the role of a dictator and above the law, then there is no other option but to begin impeachment. Sigh.
To your question … if Trump is not impeached and wins in 2020, our government as we know it will cease to exist and Trump will become a de facto dictator.
LikeLiked by 1 person
Comments are closed.