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Eliot Rosewater

(31,097 posts)
Fri Jan 26, 2018, 12:33 PM Jan 2018

Extremely troubling info from Stephanie Miller interview with Adam Schiff

Adam says there is almost no chance, no matter the crimes, of an indictment of the chief traitor.

He didnt expand on whether or not others would be indicted but said the MOST Mueller will do with chief traitor is make a referral to Congress, which as we know means nothing, absolutely nothing will happen.

The question then is would that referral be able to be brought up AGAIN when patriots take control of the house? As in we know the GOP wont do anything about his treason and felonies, but after the election assuming the patriots take control, can that referral be acted on then?

19 replies = new reply since forum marked as read
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Extremely troubling info from Stephanie Miller interview with Adam Schiff (Original Post) Eliot Rosewater Jan 2018 OP
Not bad at all DonaldsRump Jan 2018 #1
Very bad if the dems dont win because people dont turn out to vote Eliot Rosewater Jan 2018 #2
Agreed DonaldsRump Jan 2018 #3
Enter Schneiderman? Gabi Hayes Jan 2018 #4
There is substantial legal authority holding that a sitting president can't be indicted, The Velveteen Ocelot Jan 2018 #5
Even if a sitting president can't be indicted, those around him can be. Girard442 Jan 2018 #7
I hope we get to see Jared and Don Jr. doing the perp walk. The Velveteen Ocelot Jan 2018 #8
He'll just pardon them. BumRushDaShow Jan 2018 #12
If they get busted on state (NY) crimes, which sounds possible The Velveteen Ocelot Jan 2018 #14
guess it will have to be for state crimes delisen Jan 2018 #13
Yup. Needs to be state BumRushDaShow Jan 2018 #18
As far as I know, the House can impeach at any time if they have the votes. Girard442 Jan 2018 #6
The mid-terms C_U_L8R Jan 2018 #9
I Believe The Indictment Me. Jan 2018 #10
Unindicted co-conspirator. It's not as bad as it sounds. Tommy_Carcetti Jan 2018 #11
Schiff doesn't speak for Mueller; he is always extremely cautious. lagomorph777 Jan 2018 #15
One thing I've learned from Mr. Schiff is Iliyah Jan 2018 #16
trump is no nixon, dont count on him resigning AlexSFCA Jan 2018 #17
So then the strategy is to complete the investigation...all aspects of it. BoneyardDem Jan 2018 #19

DonaldsRump

(7,715 posts)
1. Not bad at all
Fri Jan 26, 2018, 12:38 PM
Jan 2018

This is exactly what Leon Jaworski did in 1974. He named President Nixon as an unindicted co-conspirator and sent a "bulging briefcase" full of key evidence to Congress for further action. He and his staff were very careful to make it detailed but non-accusatory.

This arises out of Jaworski's firm belief that a sitting US President could not be indicted while in office.

If, for example, Mueller makes a referral in the Summer/Fall, and Congress changes in January 2019, the likelihood of impeachment (but not necessarily conviction) goes WAY up.

I guess you're asking if double jeopardy would apply. I am sure the Repubs would scream this, but I don't think it would apply to Congress in the context of an impeachment.

The Velveteen Ocelot

(115,280 posts)
5. There is substantial legal authority holding that a sitting president can't be indicted,
Fri Jan 26, 2018, 12:43 PM
Jan 2018

which is probably why he said that. Some legal experts disagree (Laurence Tribe, for example), but that's the conventional legal wisdom. The grand jury that heard evidence in the Watergate crimes designated Nixon an unindicted co-conspirator, and on the basis of that precedent the matter of Nixon's crimes went to the House. What this meant was that the grand jury would have indicted Nixon if he hadn't been president because they concluded he was a participant in the crimes relating to the Watergate break-in. As a result articles of impeachment were drafted, but Nixon resigned before they were voted on by the full House. This is probably what Schiff thinks is more likely to happen with Trump.

Girard442

(6,059 posts)
7. Even if a sitting president can't be indicted, those around him can be.
Fri Jan 26, 2018, 12:45 PM
Jan 2018

Hard to imagine even Trump being cool as his family members are carted off to jail.

The Velveteen Ocelot

(115,280 posts)
14. If they get busted on state (NY) crimes, which sounds possible
Fri Jan 26, 2018, 01:09 PM
Jan 2018

because Mueller is giving the NY AG info on state law violations (which correspond to a lot of federal financial crime statutes), he can't pardon them. So maybe they'd wind up in Attica.

Girard442

(6,059 posts)
6. As far as I know, the House can impeach at any time if they have the votes.
Fri Jan 26, 2018, 12:43 PM
Jan 2018

I also think that they are not restricted as to what information they can use in their deliberations. Same for the Senate -- except they can't vote to convict until after the House has impeached.

Tommy_Carcetti

(43,085 posts)
11. Unindicted co-conspirator. It's not as bad as it sounds.
Fri Jan 26, 2018, 12:57 PM
Jan 2018

It simply means Trump won't be criminally indicted off the bat, because of the wishy-washy legal implications of indicting a sitting president while in office. (It would get tied up in court for months and just further belabor the process).

However, it doesn't shut the door on a criminal indictment of Trump once he exits office via removal or resignation. Remember Ford still had to pardon Nixon even though Nixon was never formally indicted up to that point.

It's not as bad as it sounds. It just demonstrates the inherent challenges of proceeding against a sitting president. Unfortunately, we won't see Trump frog marched off White House grounds, but he'd still be looking at the very real chance of facing criminal charges at some point.

lagomorph777

(30,613 posts)
15. Schiff doesn't speak for Mueller; he is always extremely cautious.
Fri Jan 26, 2018, 01:10 PM
Jan 2018

Cautious to a fault, IMHO. I do like Schiff, but I wish he wouldn't be so shy.

Iliyah

(25,111 posts)
16. One thing I've learned from Mr. Schiff is
Fri Jan 26, 2018, 01:15 PM
Jan 2018

when he speaks, people listen. In other words, he's creating a pathway for the house to take note, which may cause a sizeable amount of Republicans in supporting ousting of the ugly American.

AlexSFCA

(6,137 posts)
17. trump is no nixon, dont count on him resigning
Fri Jan 26, 2018, 01:24 PM
Jan 2018

we all know if he can’t win he’ll bring everyone down with him

 

BoneyardDem

(1,202 posts)
19. So then the strategy is to complete the investigation...all aspects of it.
Fri Jan 26, 2018, 01:37 PM
Jan 2018

every iota of evidence to be cataloged and cross checked and verified. There should be no question of the veracity any recommendation and charge. Once the 2018 elections are done and we have a majority in the House....THEN make recommendations to Congress.

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