Ole William Jefferson Clinton gets his two cents into Donald Trump’s ongoing predicament …..
A memo generated by Kenneth Star’s legal people back when Clinton, the last President to be impeached , was under investigation….
It argues that a sitting President should be able to be indicted by a Federal Grand Jury for crimes OUTSIDE the scope of their official duties…
Star’s office even drafted an indictment, but deferred to Congress , as the Constitution points to , to do it’s political duty….
Star’s basis for his view was underwritten by a Conservative outside legal ‘ prominent conservative professor of constitutional law and ethics, Ronald Rotunda.…
Current Dept. of Justice procedure ban a Special Prosecutor from bringing criminal charges against a sitting President it has been reported…
One assumes Robert Mueller would follow those rules….But the things we’re looking at with Trump could be a whole more serious that Clinton not telling the truth about a affair with a staffer….
A newfound memo from Kenneth W. Starr’s independent counsel investigation into President Bill Clinton sheds fresh light on a constitutional puzzle that is taking on mounting significance amid the Trump-Russia inquiry: Can a sitting president be indicted?
The 56-page memo, locked in the National Archives for nearly two decades and obtained by The New York Times under the Freedom of Information Act, amounts to the most thorough government-commissioned analysis rejecting a generally held view that presidents are immune from prosecution while in office.
“It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”
Mr. Starr assigned Ronald Rotunda, a prominent conservative professor of constitutional law and ethics whom Mr. Starr hired as a consultant on his legal team, to write the memo in spring 1998 after deputies advised him that they had gathered enough evidence to ask a grand jury to indict Mr. Clinton, the memo shows….
The Justice Department’s regulations give Mr. Mueller, as a special counsel, greater autonomy than an ordinary prosecutor, but still say he must follow its “rules, regulations, procedures, practices and policies.” They also permit Deputy Attorney General Rod J. Rosenstein to overrule Mr. Mueller if he tries to take a step that Mr. Rosenstein deems contrary to such practices.
There is no guiding precedent about whether Office of Legal Counsel memos would fall into that category, or if a special counsel is free to reach his own legal judgments. But as Mr. Mueller’s office investigates, the ambiguity about the rules could influence calculations in the Trump camp about how much to cooperate and how much to fight, said Renato Mariotti, a former federal prosecutor turned defense lawyer.
“I would be surprised if Mueller indicted the president for the same prudential reasons that swayed Starr,” Mr. Mariotti said. “But the specter that he might do that could have an impact on things. If I were on the president’s team, I would say, ‘I don’t think it’s likely that he would, but it’s possible,’ depending on what the facts are.”….
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