Warren Has a Plan to Ensure Sitting Presidents Can Be Indicted

Sen. Elizabeth Warren (D-MA) wants Congress to Pass a Law making it Legal to Indict a Sitting President.

“If Donald Trump were anyone other than the President of the United States right now, he would be in handcuffs and indicted,” the 2020 Presidential Candidate Wrote in a Medium Post Friday morning, citing Numerous Accusations against the President Outlined in Mueller’s 400-plus Page Report, which was made Public last month following a Two-year Investigation.

Current Justice Department (DOJ) Policy, Prevents a Sitting President from being Charged with a Crime, an Opinion Authored by the Office of Legal Counsel (OLC).

In the wake of Mueller’s Investigation, which Found in Part Two, at least 10 Instances in which Trump May have Committed Obstruction of Justice, many are Questioning whether the Rule, which is Binding, but Not Equivalent to Supreme Court Rulings, Needs to be Re-Evaluated.

“When Special Counsel Robert Mueller’s report was released on April 18, I sat down and read it,” Warren wrote Friday. ” … And when I got to page 448, three things were clear to me. First, a hostile foreign government attacked our 2016 election to help candidate Donald Trump get elected. Second, candidate Donald Trump welcomed that help. Third, when the federal government tried to investigate, now-President Donald Trump did everything he could to delay, distract, and otherwise obstruct that investigation.”

Quoting Mueller, who said in a Rare Press Conference Wednesday that “charging the president with a crime was … not an option we could consider” under Current DOJ Policy, Warren added, “Mueller’s statement made clear what those of us who have read his report already knew: He’s referring President Trump for impeachment, and it’s up to Congress to act. … But impeachment isn’t supposed to be the only way that a President can be held accountable for committing a crime.”

Warren’s Proposed Solution for getting around Current DOJ Policy is to Change the Rules.

“Congress should make it clear that Presidents can be indicted for criminal activity, including obstruction of justice,” she wrote. “And when I’m President, I’ll appoint Justice Department officials who will reverse flawed policies so no President is shielded from criminal accountability.”
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Warren’s Proposed Plan includes Three Prong:

1. Pass a Law clarifying Congress’ Intent that DOJ Officials can Indict the President if necessary.

2. Change Current Obstruction of Justice Statutes to Allow for that Indictment if “a president abuses the powers of the office”.

3. Appoint an Assistant Attorney General to Oversee OLC and Reverse Current Policy on the Matter.

On Point 3, Warren was especially Critical, singling out Attorney General William Barr, who has been Accused of Protecting Trump rather than Acting as an Independent Party by offering Misleading Summaries of Mueller’s Findings on Multiple Occasions, and Covering Up Mueller’s Reasoning for Not Bringing Charges against the President.

But today, Barr indicated he thought Mueller should have bought Charges.

I would add a Fourth Prong:

4. Suspending the Statute of Limitations on any Crimes Committed to Ensure the Window for Prosecution had Not Passed by the time the President was Out of Office.

If Elected, Warren said she would “nominate an OLC head who will reverse the Watergate-era rule that a President cannot be indicted” for a Crime. “No matter what he may think, Donald Trump is not a King. No President is. And our democracy only works if everyone can be held accountable. These changes will make sure that’s the case for generations to come,” she added.

As Warren and Others consider Changes to Current DOJ Policy, Congress is discussing its Next Steps. Already, several House Democrats and One Republican Congressman have called for Impeachment Proceedings against Trump to Begin, though Democratic Leaders have held Off on any Concrete Decisions thus far.

Some think starting the Inquiry will give the House more Power to get Documents and Interviews, and persuade Judges to be their side.









NYC Wins When Everyone Can Vote! Michael H. Drucker