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(21,740 posts)Major Nikon
(36,827 posts)This will probably happen even before hes indicted. The political fallout if hes indicted will be untenable for the GOP. He will be an even bigger liability than he is now.
djg21
(1,803 posts)Mueller may ask a court to empanel a grand jury. He then can present evidence to the grand jury. The grand jury determines whether there is probable cause to believe that crimes have been committed, and if so, issues indictments. Mueller technically cannot.
This does not address the question of whether a sitting President may be indicted.
DeminPennswoods
(15,284 posts)Know this is a minority opinion, but imho if Mueller has overwhelming evidence Trump consipired with Russia/Russians, obstucted justice, laundered money and committed other clear criminal acts, he will indict Trump.
djg21
(1,803 posts)He cannot. He doesnt have the authority. The Grand Jury may issue an indictment. Once issued, the prosecuting US Atty (or special counsel) signs it. Its generally not hard to get an indictment given the nature of grand jury proceedings (secret, no attorneys for witnesses) and relatively low burden of proof (probable cause). But the fact is Mueller doesnt indict; the grand jury does.
https://www.law.cornell.edu/rules/frcrmp/title_III
The bigger question is whether a sitting President may be indicted. This has been written on extensively.
https://www.washingtonpost.com/news/posteverything/wp/2018/02/27/can-donald-trump-be-indicted-while-serving-as-president/?utm_term=.ab9f01445bbb
DeminPennswoods
(15,284 posts)IMHO, if there is sufficient and overwhelming evidence Mueller will ask his GJ to issue an indictment of Trump.
djg21
(1,803 posts)There is that silly Constitution and equally silly 4th Amendment.
And I hope you are right. It certainly seems that there should be evidence of collusion, and we have no idea what evidence Mueller actually has amassed (grand jury secrecy again). If Mueller obtains an indictment, we will be in a major Comstututional crisis because the Republicans will insist that a President cannot be indicted. I dont know if it would be a bad thing to see the Republican Party side with a lying traitor who has been an incompetent President.
Marie Marie
(9,999 posts)But I will gladly make an exception, and serve my country.
blue-wave
(4,352 posts)I'll see you there!
Marie Marie
(9,999 posts)we would never COLLUDE on the verdict - right?
BigmanPigman
(51,585 posts)Never or Ever? Those will be the questions the attorneys will ask potential jurors just to make sure they don't get any double negatives in the verdict.
Marie Marie
(9,999 posts)blue-wave
(4,352 posts)to never collude!!
Izzy Blue
(282 posts)I've never heard of a Michael Avanetti have you?