The ‘Real’ Law Says Something Totally Different About Mueller Indicting Trump

Rudy “Gloss Over” Giuliani, the personal lawyer to President Donald Trump, is now claiming that Special Counsel Mueller’s legal team has a told the Trump legal team a sitting president can’t be indicted, because of Justice Department Guidelines, due to the challenges that come with the job. We shouldn’t be in a rush to buy the Giuliani claim- recall prior leaks indicated that Mueller gave Trump lawyers questions and other related items.

The Impeachment Judgment clause allows for indictment:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

A 2000 Memo to the Attorney General said, “A Sitting President’s Amenability to Indictment and Criminal Prosecution,” reported the findings of a 1973 Memo coming from the U.S. Office of Legal Counsel:

The memorandum concluded that the plain terms of the Clause do not impose such a general bar to indictment or criminal trialprior to impeachment and therefore do not, by themselves, preclude the criminal prosecution of a sitting President.

That 1973 OLC Memo said that it is the responsibilities of the presidential office that prevent indictment while being president. The 2000 Memo said the same. As the Library of Congress stated in its exhaustive research on and interpretation of the U.S. Constitution concluded:

second issue arose that apparently has not been considered before: whether persons subject to impeachment could be indicted and tried prior to impeachment and conviction or whether indictment could only follow removal from office.

This is an untested issue. The closest the Supreme Court came to addressing the problem in criminal matters is the decision for Nixon v. Fitzgerald. The specific language likely is just dicta (language that is not power-based because the issue is not being dealt with by the court), but the four justices in dissent for that case said:

But there is no contention that the President is immune from criminal prosecution in the courts under the criminal laws enacted by Congress, or by the States, for that matter. Nor would such a claim be credible. The Constitution itself provides that impeachment shall not bar ‘Indictment, Trial, Judgment and Punishment, according to Law.’ Art. I, § 3, cl. 7.

Chief Justice Warren Burger, for a concurring opinion for the case, claimed the “immunity is limited to civil damages” and that the President, like other Americans, is “not immune for acts outside official duties.” This will be played out soon and based on Giuliani’s statements, nobody should believe the matter is closed. Mueller is secretive and keeps his cards close to his chest – we shall find out what hand he is holding and how he chooses to play it.

Robert Mueller Just Made Giuliani Look Like a Fool

When Rudy Giuliani said yesterday that Special Counsel Mueller had informed him that a President cannot be indicted, it was obvious that Rudy was lying. It was not possible for Robert Mueller to have told Rudy Giuliani that. Sure enough, we have confirmation now that Rudy is a liar, because he is completely changing his story. Now it’s about Mueller refusing to say something to Giuliani.

First came Giuliani’s confession that Robert Mueller never said to him that Trump isn’t allowed to be indicted while in office. Giuliani is claiming now that an anonymous member of Mueller’s team told it to Trump’s other lawyer Jay Sekulow, who is currently out of the country and thus not available for comment, which is a very convenient coincidence. Back in reality, no one working for Mueller’s team would have said that to anyone who is on Trump’s team. But Giuliani’s weird lie about Robert Mueller is nothing next to what Rudy is admitting now: he can’t even get Robert Mueller to talk to him at all.

Rudy Giuliani says that during the brief time that he’s been representing Trump, he has written two letters to Mueller, and he has not gotten any response to either letter. Our guess is that Robert Mueller is still scratching his head while trying to figure out what the hell Giuliani’s gibberish letters mean. But although Mueller is basically telling Rudy to screw off, Rudy should not take that personally. Before he took control of Trump’s legal team, the Trump attorneys before him wrote three letters to Mueller, none of those got answered, either.

Where does this leave things? We have confirmation that Mueller never said that a sitting President is not indictable. We knew that before Giuliani began taking back his own stupid lie. We also know Mueller doesn’t feel pressure to reply to the letters that Trump’s attorneys keep writing him – a reminder that Mr. Mueller holds all of the cards, while Donald Trump and his cronies are just whining like babies about how badly they are losing.

Trump Just Backtracked on Over $15 Billion Dollars…Largest Amount in Almost 20 Years

Well, he’s up to old tricks again.

President Trump officially asked Congress on Tuesday to take back $15.4 billion in previously approved spending, which is the largest single request from the White House and also the first in almost two decades.

Congress gets 45 days to approve his request in a measure not subject to Senate filibuster.

The White House claims the clawback is aimed mostly at unobligated funds, like that leftover for defunct programs. Getting back unobligated funds won’t reduce the deficit. But some of the money being targeted will reduce expenditures.

“If enacted, these rescissions would decrease Federal outlays in the affected accounts by an estimated $3.0 billion,” wrote Mick Mulvaney, the White House Office of Management and Budget director, in a letter sent to the president about the request.

Democrats claim that some of those clawbacks in the proposal aren’t so innocent, like taking money out of the Children’s Health Insurance Program.

“These Republican rescissions show the hypocrisy of a GOP Congress that insists on tight budgets for children and families while handing enormous, unpaid-for giveaways to corporations and the wealthiest,” said House Minority Leader Nancy Pelosi (D-Calif.) on Monday night.

The Trump administration says the CHIP funds come from two accounts: one where the spending authorization already lapses, and one that has extra funds that aren’t expected to be spent.

“None of the CHIP programs that have just been reauthorized would be impacted in any way should this rescissions package pass,” Mulvaney said to reporters at the Capitol Tuesday.

The House caucus called the Republican Study Committee, which is the largest GOP House caucus, approved of the package and urged the Senate to pass it, where it’s getting skepticism from the Majority Leader Mitch McConnell (R-Ky.).

“Instead of making excuses for why keeping our promises is not possible, Mitch McConnell should make every effort to pass this package,” said the caucus in a resolution that was adopted by the steering committee.

But others are skeptical about the wisdom of clawing back the funds.

For instance, the $252 million which was originally appropriated to the 2014-2015 Ebola epidemic in West Africa will come out of USAID’s International Disaster Assistance Account, which is managed by our Office of Foreign Disaster Assistance. The money left is the unspent part of the $1.2 billion which Congress allocated to combat the epidemic overseas.

Jeremy Konyndyk, the former head of the Office of Foreign Disaster Assistance and served during the outbreak, explained that the money was intended to be an emergency fund for the next deadly disease outbreak somewhere in the world. Clawing a small amount back like that, Konyndyk stated in an interview, puts the world at a greater risk for an outbreak and won’t make a significant dent in either the debt or the deficit.

The cash “in effect had the potential to function as something we very, very badly need, which is a contingency fund for significant large-scale disease outbreak,” insisted Konyndyk, who is now a Center for Global Development senior fellow.

“In terms of substantive budget terms, it’s a rounding error, it makes barely a dent in the deficit,” he explained. “It’s an optics exercise to say that they are giving back some money, but it’s really foolish ultimately.”

Hopefully, the sane Democrats won’t allow Trump to get his way.

TRUMP’S Supreme Court Pick Could Have DEVASTATING Effect on Our Lives!

The next Supreme Court justice appointed by President Trump would very likely bolster the court’s conservative wing. The Supreme Court balance of power would then revert to what we saw in the Bush Administration: leaning right but held back sufficiently by moderate Justice Anthony M. Kennedy.

Mr. Trump said in a Twitter post on Monday that he would announce his pick on Tuesday at 8 p.m.

Here how a Trump-induced conservative court will affect our lives on key issues:

PUBLIC SECTOR UNIONS (HIGH RISK)

This includes teacher’s unions, government employee unions, and the like.

A tie (4-4) in a case involving this issue last March will soon reach the court again. The challenges are likely to have the deciding vote with Trump’s court pick.

A ruling allowing workers to avoid paying fees for activities like collective bargaining has been the subject of a decades-long campaign by conservative groups that seek to weaken unions representing teachers and other public employees. A new Trump appointee would probably hasten such a ruling.

PROTECTIVE ENVIRONMENTAL REGULATIONS ARE AT HIGH RISK!

After Justice Scalia died, the Supreme Court’s blocked President Barack Obama’s effort to deal with climate change by regulating emissions from coal plants.  Bolstered by another Trump appointee, the court is likely to overturn every meaningful and positive ruling in the environmental arena in recent history.

CONTRACEPTION AND TRANSGENDER CASES MAY FIZZLE

The new Trump appointee is likely to move the newly unbalanced court to cater to the religious right’s’ objections to contraception and transgender issues coming before the court.

There is currently a case regarding transgender rights on the Supreme Court’s docket, and has to do with discrimination “on the basis of sex” in schools that get federal money.

JUST ONE TRUMP APPOINTEE COULD DO LASTING DAMAGE TO OUR NATION, CULTURE, AND THE PROGRESS THAT HAS BEEN MADE IN THE LAST 8 YEARS.  BUT WHAT’S MORE FRIGHTENING IS THE SPECTER OF TWO OR MORE TRUMP NOMINEES.

Multiple appointees by Mr. Trump’s is entirely likely, with the three oldest members of the court being Justice Kennedy, 80, Justice Ruth Bader Ginsburg, 83, and Justice Stephen G. Breyer, 78.

Until the time that those Justices leave the bench, at least the issues of Abortion Rights and Affirmative action appear to be safe.

However, there is a strong  likelihood that the court will be transformed into one with a solid five-justice conservative majority. Then it would enter a new phase, and liberal precedents on abortion, the death penalty and gay rights would most likely be at risk.

Progressives, liberals, and Democrats need to resist and filibuster any pick not named Merrick Garland. They must force the GOP to use the nuclear option and get rid of filibuster/cloture once and for all. 

As for the Republicans, I suspect that they will go after Trump once his Supreme Court nominee is safely confirmed. Of course it’s better late than never, but I doubt the cowardice they’ve displayed up to now will ever be forgotten. They’ve sold their souls to the devil in order to get the SCOTUS nominee they want, and shame on them for doing so.

BETRAYAL: GOP Senator Introduces Legislation That Protects Mueller from Trump

President Donald Trump has been waging a shadow war against special counsel Robert Mueller’s legal team and their critical Russia probe ever since the investigation’s inception.

Trump has gone to incredible lengths to belittle, derail or generally obstruct the probe into his campaign’s alleged collusion with the Russian government, so much so that many in Washington have wondered if Trump would be so brazen as to fire Mueller outright.

Instead, according to recent reports from Politico, the president is turning to a behind-the-scenes approach of bullying politicians into doing his dirty work for him.

North Carolina Republican Senator Thom Tillis recently introduced a bill to officially protect Mueller from being fired by allowing the special counsel to appeal any such decision in court.

Trump was not pleased by this progression, and he even called Tillis personally to tell him how “unhappy” he was with the bill and influence his decision to move forward with it.

Tillis, a first-term senator, has yet to face such a formidable foe as the president of the United States, which is why Tillis deserves praise for standing up to Trump and doubling down on his initial efforts.

Tillis co-wrote a bill with Democratic Senator Chris Coons from Delaware to install protections for Mueller, and he even on the president’s favorite station to defend his bill, saying on Fox News that he wrote the bill specifically to prevent the president from intervening with the crucial Russia investigation.

Tillis and Coons’ bill, dubbed the Special Counsel Integrity Act, would ensure that Mueller could only be fired by an official confirmed by the Senate, taking that potential abuse of power away from Trump.

The bill also allows for an appeal should Mueller get fired, presenting an opportunity for the special counsel to be reinstated should a judge find his firing improper.

Jimmy Carter Targets Trump with Remarks!

With all the crap going on with the new Trump administration for the last two weeks, it may be easy for some to be disheartened for the Progressive and Democratic movements.One of the chief areas of concern is Trumps dismantling of Obama’s Middle East foreign policy.

One that was carefully crafted for the last 8 years to bring lasting peace to a region torn by war for hundreds and even thousands of years.But, their are many voices of encouragement out there, and Jimmy Carter’s is one of them.

Jimmy Carter said, “I am convinced that the United States can still shape the future of the Israeli-Palestinian conflict before a change in presidents, but time is very short. The simple but vital step this administration must take before its term expires on Jan. 20 is to grant American diplomatic recognition to the state of Palestine.”

This statement should be uplifting to hear amidst the fact that Trump is now cozying up to the most divisive people in the debate (Netanyahu for one).As many know, just before he left office, President Obama allowed a resolution to pass condemning the settlements, which by the way, are illegal are international dictates.

That caused Israel’s Prime Minister Netanyahu to pull what hair he had left from his head. But then Netanyahu immediately got support from President Donald Trump who vowed that the United Nations will be neutered on this issue once he takes power.

Former President Jimmy Carter recently gave some sage advice to the new President Donald Trump. “Just do a good job, tell the truth”.

That ‘telling the truth’ thing may not be so easy for Trump, however.

Please SHARE if You Agree with Carter!

Arrogant Trump Makes FALSE Claims About Paris Deal….Gets BRUTAL Smackdown!

Why listen to scientific experts when a  property developer named Trump has all the answers?

It’s amazing that the ability to build skyscrapers gives Donald Trump major credibility regarding climate change.

Well, that is exactly what he thinks!

President Donald Trump announced Thursday that the United States will withdraw from the Paris climate accord. In doing so, he has made the worst-case impacts of climate change on America vastly more likely.

In a speech from the White House Rose Garden filled with thorny lies and misleading statements, one pricks the most: Trump claimed that the Paris climate deal would only reduce future warming in 2100 by a mere 0.2°C. White House talking points further assert that “according to researchers at MIT, if all member nations met their obligations, the impact on the climate would be negligible… less than .2 degrees Celsius in 2100.”

The Director of MIT’s System Dynamics Group, John Sterman, and his partner at Climate Interactive, Andrew Jones, quickly emailed ThinkProgress to explain, “We are not these researchers and this is not our finding.”

They point out that “our business as usual, reference scenario leads to expected warming by 2100 of 4.2°C. Full implementation of current Paris pledges plus all announced mid-century strategies would reduce expected warming by 2100 to 3.3°C, a difference of 0.9°C [1.6°F].”

The 0.2°C estimate used by Trump may be from another MIT group; the Joint Program on the Science and Policy of Global Change did have such an estimate in early 2015 before all of the Paris pledges were in. But, their post-Paris 2016 analysis also concluded the impact of the full pledges was closer to 1°C.

In their analysis, Sterman and Jones “take all nations at their word that they will fully meet their national commitments. If nations increase their ambition and set future pledges, as is outlined in the agreement, then the positive impact would be even larger.”

This point is key. The Paris commitments not only help the globe avoid the worst-case scenario for total warming and related climate impacts, they keep the best-case scenario open. Indeed, the Paris pledges buy us another decade close to the 2°C (3.6°F) path.

Keeping the option of beating the 2°C target — which is widely seen by scientists as the point at which climate impacts start to become dangerously unmanageable by humans — is a key objective of the Paris deal.

Trump does not listen to, or even know any real scientific experts.

America has been made to look so foolish now, and is unfortunately not a major leader in the world.  It will stay that way until Trump is driven from office.

Unless something is done about him, China, Russia, Germany will take over the reins.

They are already way ahead of us on the Climate Change issue…as evidenced this week.

Trump’s Russia Defense Has Just Been Blown To Pieces After FISA Warrant Release

Last night, adding to all the other things that have gone wrong for President Donald Trump during this last week, the original FISA application for a surveillance warrant against Carter Page, his campaign adviser, was publicly released. The document vindicated the FBI and blew up the whole defense narrative Team Trump had been pushing in the Trump-Russia controversy. Unsurprisingly, this morning, Trump went ballistic about it.

The application proves the FBI had good reasons to investigate if Carter Page was serving Russia as a foreign agent, shown by a federal judge being willing to approve it. It also exposes Devin Nunes, Intel Chairman of the House, and close Trump ally, for lying flat out about how the FBI acquired the evidence that is used for the application. The probe into Trump-Russia is not a witch hunt, and the warrant hadn’t involved controversial evidence.

The next morning, Trump made this bizarre, clearly false, claim that literally had no basis in fact: “Looking more & more like the Trump Campaign for President was illegally being spied upon (surveillance) for the political gain of Crooked Hillary Clinton and the DNC.” He then quoted a host from Fox News who had fabricated an utter lie concerning the FISA warrant. Then he quoted a pro-Trump propagandist who insisted the judge that approved the warrant should be investigated.

So now Trump is attempting to get back at the judges that have signed off on the probe into the endless crimes he has committed. Just for this, he deserves to be impeached, removed, and imprisoned as he awaits criminal trial. This release of the FISA warrant still doesn’t tell us whether or not Carter Page is guilty; the legal process must determine that. Now it’s fairly clear, however, that Devin Nunes will be imprisoned for obstructing justice.