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What about the obstruction (Original Post)
cilla4progress
Mar 2019
OP
Probably because the current U.S. Attorneys' Manual advises against it.
The Velveteen Ocelot
Mar 2019
#5
The Velveteen Ocelot
(115,894 posts)1. What about them?
If Mueller follows the OLC memos from 1973 and 2000 which offer the opinion that a sitting president can't be indicted, he won't be indicted for obstruction, at least while he's still president. However, the statute of limitations for most federal crimes is five years (ten years for bank fraud). So, if he's voted out of office in 2020, an indictment for that and other crimes can be dropped on his ugly orange ass at 12:01 p.m. on January 20, 2021.
Socal31
(2,484 posts)3. Great post.
dem4decades
(11,307 posts)4. Then why couldn't Trump be named as an unindicted co conspirator?
Surely if the was any obstruction there were others. I went all in on Mueller and lost. I'm out.
The Velveteen Ocelot
(115,894 posts)5. Probably because the current U.S. Attorneys' Manual advises against it.
In the absence of some significant justification, federal prosecutors generally should not identify unindicted co-conspirators in conspiracy indictments. The practice of naming individuals as unindicted co-conspirators in an indictment charging a criminal conspiracy has been severely criticized in United States v. Briggs, 514 F.2d 794 (5th Cir. 1975).
Ordinarily, there is no need to name a person as an unindicted co-conspirator in an indictment in order to fulfill any legitimate prosecutorial interest or duty. For purposes of indictment itself, it is sufficient, for example, to allege that the defendant conspired with "another person or persons known." In any indictment where an allegation that the defendant conspired with "another person or persons known" is insufficient, some other generic reference should be used, such as "Employee 1" or "Company 2". The use of non-generic descriptors, like a person's actual initials, is usually an unnecessarily-specific description and should not be used.
If identification of the person is required, it can be supplied, upon request, in a bill of particulars. See JM 9-27.760. With respect to the trial, the person's identity and status as a co-conspirator can be established, for evidentiary purposes, through the introduction of proof sufficient to invoke the co-conspirator hearsay exception without subjecting the person to the burden of a formal accusation by a grand jury.
The prohibition against naming unindicted co-conspirators should not extend to persons who have otherwise been charged with the same conspiracy, by way of unsealed criminal complaint or information. In the absence of some significant justification, federal prosecutors generally should not identify unindicted co-conspirators in conspiracy indictments.
https://www.justice.gov/jm/jm-9-11000-grand-jury#9-11.130Ordinarily, there is no need to name a person as an unindicted co-conspirator in an indictment in order to fulfill any legitimate prosecutorial interest or duty. For purposes of indictment itself, it is sufficient, for example, to allege that the defendant conspired with "another person or persons known." In any indictment where an allegation that the defendant conspired with "another person or persons known" is insufficient, some other generic reference should be used, such as "Employee 1" or "Company 2". The use of non-generic descriptors, like a person's actual initials, is usually an unnecessarily-specific description and should not be used.
If identification of the person is required, it can be supplied, upon request, in a bill of particulars. See JM 9-27.760. With respect to the trial, the person's identity and status as a co-conspirator can be established, for evidentiary purposes, through the introduction of proof sufficient to invoke the co-conspirator hearsay exception without subjecting the person to the burden of a formal accusation by a grand jury.
The prohibition against naming unindicted co-conspirators should not extend to persons who have otherwise been charged with the same conspiracy, by way of unsealed criminal complaint or information. In the absence of some significant justification, federal prosecutors generally should not identify unindicted co-conspirators in conspiracy indictments.
triron
(22,025 posts)2. Barr.