This week at progressive state blogs is designed specifically to focus attention on the writing and analysis of people focused on their home turf. Here is the December 8 edition. Inclusion of a blog post does not necessarily indicate my agreement with—or endorsement of—its contents.
AZ BlueMeanie at Blog for Arizona writes—Yes, a sitting president can be indicted for criminal misconduct:
Lazy media villagers and cable news jockeys — lookin’ at you Chuck Todd — rotely recite that the Office of Legal Counsel has legal memorandums which say that a sitting president cannot be indicted, “so whatcha gonna do” about Donald Trump?
This is an unsettled question of law. If you actually read the lengthy OLC memos in full, you will find that the OLC first found that a sitting president can be indicted irrespective of any impeachment proceeding by law, but then made a policy argument against the Department of Justice from doing so.
In contrast, independent counsel’s Leon Jaworski and Kenneth Star both prepared legal memorandums which found that a grand jury could indict a sitting president, and Ken Starr even had an indictment prepared, which he decided not to pursue (see below the fold).
With Republicans in Congress aiding and abetting obstruction of justice by Donald Trump and expressing their willingness to abdicate their constitutionally prescribed duty to permit Trump’s ongoing criminal misconduct to continue unimpaired by Congress, GOP shrugs at Trump’s involvement in Cohen crimes, and ‘I Don’t Care’: GOP Senators Dismiss Allegations Against Trump, effectively rendering the impeachment clause remedy a nullity (i.e., jury nullification), the indictment of Donald Trump by Robert Mueller for his criminal misconduct may be necessary in order to obtain justice.
44 former U.S. Senators are so concerned about Trump’s criminal misconduct and Senate Republicans willingness to abdicate their responsibilities that they are literally pleading with senators to do their constitutionally prescribed duty in an extraordinary letter. We are former senators. The Senate has long stood in defense of democracy — and must again.