OLC Opinion Explained: Why Robert Mueller Couldn't
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Posted On: 07/24/2019 4:20:14 PM
OLC Opinion Explained: Why Robert Mueller Couldn't Indict Trump, Despite 10 Obstruction Incidents
By Ramsey Touchberry On 7/24/19 at 9:59 AM EDT
https://www.newsweek.com/olc-opinion-mueller-...nt-1450896
The position by the DOJ's Office of Legal Counsel (OLC) that a sitting president cannot be indicted was first determined in a 1973 memo during the midst of the Watergate scandal, which soon thereafter led to the resignation of President Richard Nixon as he faced articles of impeachment.
"The spectacle of an indicted president still trying to serve as Chief Executive boggles the imagination," the memo stated.
In 2000, after reexamining its 1973 position, the OLC reaffirmed its position that a sitting president could not be indicted in a 39-page memo.
In 1973, the Department concluded that the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions... We believe that the conclusion reached by the Department in 1973 still represents the best interpretation of the Constitution.”
In his report and his public remarks, Mueller has reiterated that "if we had had confidence that the President clearly did not commit a crime, we would have said so."
By Ramsey Touchberry On 7/24/19 at 9:59 AM EDT
https://www.newsweek.com/olc-opinion-mueller-...nt-1450896
The position by the DOJ's Office of Legal Counsel (OLC) that a sitting president cannot be indicted was first determined in a 1973 memo during the midst of the Watergate scandal, which soon thereafter led to the resignation of President Richard Nixon as he faced articles of impeachment.
"The spectacle of an indicted president still trying to serve as Chief Executive boggles the imagination," the memo stated.
In 2000, after reexamining its 1973 position, the OLC reaffirmed its position that a sitting president could not be indicted in a 39-page memo.
In 1973, the Department concluded that the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions... We believe that the conclusion reached by the Department in 1973 still represents the best interpretation of the Constitution.”
In his report and his public remarks, Mueller has reiterated that "if we had had confidence that the President clearly did not commit a crime, we would have said so."
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