Tuesday, August 21, 2018

An oft ignored bit of relevant understanding of the law...

Robert Mueller Shouldn’t Even Ask Trump for an Interview
As we’ve also noted, if Trump were a journalist rather than the president, everyone would understand that a prosecutor may not just willy-nilly issue a subpoena. Justice Department rules would require the prosecutor to establish both that a serious crime was under investigation and that the journalist had critical information for which there was no other source — and even then, the Justice Department might well instruct the prosecutor not to issue a subpoena.
Obviously, the president’s job is more consequential to our society — to our governance, to national security, to law enforcement — than that of any individual journalist. Therefore, the president should never be diverted from his responsibilities by the demands of a criminal investigation unless there are equally dire reasons. A prosecutor does not get an interview just because the president’s testimony might be relevant or interesting. It has to be make-or-break, in connection with a major offense.
While the media and their missing the point legal analyst dive deep into the questions of whether or not a President "can" be subpoena, they seem to avoid the more important subject of whether Mueller "should" subpoena "this President".

As pointed out by McCarthy (and plenty of other legal analysts not separated from logic by TDS) any subpoena must pass a certain level of qualifications before a Grand Jury (or a judge) should sign off on it. There seems to be an almost childish believe that Mueller is somehow the sole determiner of whether or not someone should testify for him.

While I have no doubt that plenty of Grand Juries may actually approve warrants or subpoenas that do not have reasonable cause, most certainly a judge on appeal will look at the sorts of questions that McCarthy brings up. The reason being, is that meeting certain sets of criteria is actually part of the laws surrounding subpoena. Just because subpoenas exist, doesn't mean that the fourth amendment doesn't. Mueller would have to show a Judge that an interview with the President would garner him important information (that cannot be garnered any where else) to help solve a crime. Of course if the crime he is attempting to prove relates to the President, then  the President is protected by the fifth amendment. Donald Trump did not relinquish his fourth and fifth amendment constitutional protections just because he became President.

Either way, Mueller is not entitled to talk to the President just because he wants to. No more than he is entitled to talk to you or I, simply because he wants to.

50 comments:

Myballs said...

Newt correctly points out that now there's no need for a trump interview since his attorney has provided 30 hours of testimony on his behalf with trump having waived attorney client privilege.

Coldheartedtruth Teller said...



In stark contrast, Trump waived his privileges and made his lawyer available for 30 hours of questioning. Consequently, the special counsel has already gotten far more information than he was entitled to regarding the president’s actions and state of mind.

The attorney is a counsel to the President. He does not represent the President. Muller did not get more information than he was qualified to obtain, including his state of mind.

wphamilton said...

A cameo victory lap:
https://www.cnn.com/2018/08/13/politics/robert-mueller-concord-management-and-consulting/index.html

It looks like your hero was wrong (again) and I was proven right when the Federal Judge rejected those same arguments that he made about the constitutionality of Mueller's remit. Those arguments that you faithfully represented here, which we now see are completely without merit.

""The appointment does not violate core separation-of-powers principles. Nor has the Special Counsel exceeded his authority under the appointment order by investigating and prosecuting Concord," Friedrich wrote in an opinion published Monday morning. She was one of the first judges Trump placed into a federal court position." ... while citing three other judges as precedent.

That's all ... carry on ...

Coldheartedtruth Teller said...

Mueller may have enough information to show a Judge that an interview with the President to confirm important information (that cannot be garnered any where else) to help solve a crime. If the President then uses his fifth amendment rights to incriminate himself the Congress should initiate impeachment proceedings for high crimes and misdemeanors.

caliphate4vr said...

Or Pence activate the 25th

YOU'RE CRAY CRAY

Coldheartedtruth Teller said...

Craying like a crow!

Coldheartedtruth Teller said...
This comment has been removed by the author.
Coldheartedtruth Teller said...

Of course you cannot imply that pleading your fifth amendment rights is equivalent to pleading guilty in a court of law.

On a political scale it would be a ten.

Loretta said...

"Congress should initiate impeachment proceedings for high crimes and misdemeanors"

LOL.

Coldheartedtruth Teller said...

All three judges also denied requests to invalidate Mueller's authority, with Howell writing as recently as late July that a witness subpoenaed to turn over documents and to testify before the grand jury about Roger Stone would have to. That witness, Andrew Miller, has been held in contempt of the court and now may appeal.
Trump, along with his lawyers Rudy Giuliani and Jay Sekulow, have claimed that Mueller's investigation violated the Constitution. Most notably, Trump said in an early June tweet that Mueller's appointment was "totally UNCONSTITUTIONAL." Monday's ruling specifically rejected some of these arguments that Trump's lawyers have made on television. The Reality Show TwiterGate Presidency is about going to get canceled.

Anonymous said...




If the President then uses his fifth amendment rights to incriminate himself the Congress should initiate impeachment proceedings for high crimes and misdemeanors.


how does one use their 5th amendment rights to incriminate themselves. alky?



Anonymous said...



The Reality Show TwiterGate Presidency is about going to get canceled.


WUT???

Anonymous said...

I almost missed this "truth" from Lard Denise.

"busch depression"

Historically wrong.

Anonymous said...

Which phyco wrote the following.

"The Reality Show TwiterGate Presidency is about going to get canceled."

Give us a the Date we swear in President Hillary?


Coldheartedtruth Teller said...

Learn to read English. In legal terms it doesn't imply guilt.

But as you have repeatedly cited that #impeachment is political not legal. The House of Representatives majority can indict the President for high crimes and misdemeanors as they choose.

You ignorance would fill a 55 gallon bucket.

Anonymous said...

WP welcome back. Good to see ya.

Coldheartedtruth Teller said...

Well if Hillary Clinton decides to run for the house of Representatives and the Democrats select her as the speaker of the house, if Trump is #impeachmented and Pence declines to be the President Hillary Rodham Clinton would be the 46th President of the United States


February 20th 2019.

LOL

cowardly king obama said...

Roger said "If the President then uses his fifth amendment rights to incriminate himself the Congress should initiate impeachment proceedings for high crimes and misdemeanors.

"fifth amendment rights to incriminate himself "

Officially insane by reason of TDS

ROFLMFAO !!!

Anonymous said...

Blogger Roger Amick said...

Learn to read English. In legal terms it doesn't imply guilt.



i'm fine with english.

what i can't decipher is "alky."

your words -

If the President then uses his fifth amendment rights to incriminate himself ...


Loretta said...

"Officially insane by reason of TDS"

TRUTH.

Anonymous said...




so now it's called a "front-hole" hat...


For the purposes of this guide, we’ll refer to the vagina as the “front hole” instead of solely using the medical term “vagina.” This is gender-inclusive language that’s considerate of the fact that some trans people don’t identify with the labels the medical community attaches to their genitals.

https://www.healthline.com/health/lgbtqia-safe-sex-guide#sexual-orientation


get the nomenclature right alky, the next time you slap yours on to go to the gym to leer and wank.

Loretta said...

Good Lord.

Anonymous said...



yep.

i can't wait until some 'woke' fuckstick on the left calls someone a "feckless front hole."

Coldheartedtruth Teller said...

Incrimination is not a legal term where I used it.

The House of Representatives could determine that he incriminated himself.

English 101

Loretta said...

"i can't wait until some 'woke' fuckstick on the left calls someone a "feckless front hole."

LOL.

Anonymous said...

Lol

Anonymous said...




once again alky...

i don't speak drug-addled, incoherent alky.

English 101 is so far beyond your reach, it's not funny. i think it coincides with the rapid deterioration of your mental state

Anonymous said...

Exactly
"i'm fine with english.

what i can't decipher is "alky."

You're not alone.

Get him to explain why obimbo passed on a "near recession.


Cortez said her attendees are threatened by the US Media, they needed a media "safe space"?

commie said...

Everyone but our goat fucker will be impacted by the tariffs.....He's happy because he got A ten buck tax cut and can burn trees for heat....what a sad existence he lives....LOLOLOLOL

President Donald Trump's tariffs are starting to hit average American consumers.
The latest example: a cost increase for aluminum dog tags in Dane County, Wisconsin.
The county had to pay $2,200 for dog tags this year, up 46% from last year.
Small businesses around the US are beginning to sound the alarm on the costs of President Donald Trump's trade fights.

The latest to feel a squeeze: the dog-owning population of one county in Wisconsin.

According to WISC in Madison, Wisconsin, the price of aluminum dog tags Dane County, Wisconsin, issued to pet owners after animal registration jumped 46% from last year, to $2,200 from $1,500, due to Trump's tariffs on imported aluminum.


Dane County Clerk Scott McDonell told WISC that the county's original provider requested $4,000 for the tags before the county found another provider that was able to offer a lower price — though still well above the previous year's cost.

RELATED: Chinese goods that will be hit by Trump's tariffs
Slideshow preview image
13 PHOTOS
Chinese goods that will be hit by Trump's tariffs
SEE GALLERY


"It's one of the many ways you'll see little price increases all over the place from these tariffs," McDonell, a Democrat, told WISC.

Economists have warned that while Trump's tariffs on steel, aluminum, and some Chinese goods mostly avoided hitting consumer goods directly, businesses that rely on these imports to produce final goods could eventually pass those costs on to average consumers.


According to the report, the $15 fee to register a dog or cat that has been spayed or neutered will increase only slightly. (It's currently $20 if the pet is not spayed or neutered.) McDonell said that while the price increase was relatively small, he was worried about bigger items like new cars for the police department.

Anonymous said...

The state's that rank lowest on Freedom Scale.

I might be wrong I think they all have Democrat Governors.
"41. New Mexico 0
42. Rhode Island -6
43. Delaware 0
44. Oregon -2
45. Maryland +1
46. Vermont -2
47. New Jersey 0
48. California 0
49. Hawaii 0
50. New York 0"

Loretta said...

"The House of Representatives could determine that he incriminated himself."

You'll need the Senate on this coup attempt, dumbass.

Anonymous said...
This comment has been removed by the author.
commie said...

KD said...
The state's that rank lowest on Freedom Scale.

BY cato institute... their measures are both arbitrary and capricious and when examined are totally BS especially given Floriduh as ranking #1 for freedom driven by low taxes and shitty schools!!!.....a joke only an asshole goat fucker thinks means anything.....!!!

Loretta said...

Still trying to get my head around liberals worried about tariffs/tax increases on corporations.

commie said...

"$2,200 from $1,500, due to Trump's tariffs on imported aluminum.

The obvious again eludes you....show me where it said that total per animal.....asshole....maybe your wife because she is a goat costs that.....idiot

C.H. Truth said...

But as you have repeatedly cited that #impeachment is political not legal. The House of Representatives majority can indict the President for high crimes and misdemeanors as they choose.

I guess the assumption is that we elected people to congress who would be capable of understanding what a "high crime" and "misdemeanor" actually is.

Not just "making it up as they go".

C.H. Truth said...

The attorney is a counsel to the President. He does not represent the President.

Then why did he seek consent and a waiver of privilege when he went to talk to Mueller?

Anonymous said...

But as you have repeatedly cited that #impeachment is political not legal. The House of Representatives majority can indict the President for high crimes and misdemeanors as they choose.


geezus alky, this is not a very difficult concept.

"high crimes and misdemeanors" as defined by the congress has no bearing whatsoever on any potential actual criminal offenses committed by a sitting president.

it is a political remedy and only grants congress the power to remove a president, and potentially prevent them from holding another elected office. not criminal conviction or penalty can be levied by the congress. trump could shoot someone dead, and all congress can do is remove him. a criminal court is required to do the rest.

what's chilling in trump's case is that he hasn't committed anything resembling a crime.

nixon had a B&E, and clinton had lying to a grand jury. what you're going after trump for is "collusion" which is on no sanes person radar as a crime anywhere.

this is why i consider you to be an imbecile. this topic is very well documented and we've covered it ad nauseum.



.

Anonymous said...

I guess the assumption is that we elected people to congress who would be capable of understanding what a "high crime" and "misdemeanor" actually is.

Not just "making it up as they go"



if only that were true.

the left is seething over trump beating hillary, and they truly do see that as an impeachable offense.

they're THAT fucking insane.


.

commie said...

worried about tariffs/tax increases on corporations.

Because it gets passed to the ultimate consumer, idiot....and you ran a business???? Sure you did....like the goat fucker taught classes....LOLOLOLOLOL

Loretta said...

Liberals don't normally care if the cost get absorbed by the increase in the cost of doing business.

C.H. Truth said...

When liberals tax/tariff big business.
- It only hurts the rich owners.

When anyone else tax/tariff big business.
- The cost is passed onto the consumers.


C'mon... everyone knows that!

Anonymous said...



Blogger Loretta said...

Liberals don't normally care if the cost get absorbed by the increase in the cost of doing business.



try taking away a SALT deduction from a rich person and watch a liberal squeal.

Anonymous said...

Michael Cohen, President Donald Trump's former personal attorney, has surrendered to the FBI ahead of a 4 p.m. court proceeding, where the government is expected to disclose a plea deal, according to a law enforcement source.

As part of the plea deal under discussion earlier Tuesday, Cohen was not expected to cooperate with the government, one source told CNN. However, by pleading guilty both Cohen and prosecutors would avoid the spectacle and uncertainty of a trial.


https://www.wmar2news.com/news/national/michael-cohen-in-talks-to-plead-guilty-to-criminal-charges

Anonymous said...


video of jim acosta entering WH press briefing room.

alternate title - alky entering his AA meetings.


https://twitter.com/twitter/statuses/1031547103821135874

wphamilton said...

I am not "back", just tea-bagging over the humiliating failure of the "Constitutional Expert" legal arguments. Responding again for another opportunity to rub it in.

I'll visit again regarding all of Manafort's "process crimes" with "no evidence" if that goes as I expect it to.

C.H. Truth said...

wp...

Why don't you come back when it's shown that Manafort had real ties to Russia and was at the center of all that Trump/Russia collusion, as you so forcefully claimed for so long.

Anonymous said...




liberal meme of the moment:

deporting 95 year old nazi is trump committing elder abuse.

Anonymous said...

Omg, ACLU Outraged at Trump deportion.

Anonymous said...

I almost missed this "truth" from Lard Denise.

"busch depression"

Historically wrong.