This President being an "unindicted co-conspiritor" is so "Catch 22" it hurts. Here's why (thread)
1/ @MichaelCohen212's testimony and a growing mountain of evidence would surely be enough to bring an indictment for anyone BUT a sitting President.
2/ A freaking "Memorandum Opinion" for the Attorney General delivered in 2000 provides the most recent guidance on "A sitting President's amenability to indictment or criminal prosecution." justice.gov/olc/opinion/si…
3/ Spoiler alert, this "Memorandum Opinion" concludes that "the indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions."
4/ But also acknowledges "No court has addressed this question
directly, but the judicial precedents that bear on the continuing validity of
our constitutional analysis are consistent with both the analytic approach taken
and the conclusions reached."
directly, but the judicial precedents that bear on the continuing validity of
our constitutional analysis are consistent with both the analytic approach taken
and the conclusions reached."
5/ Catch 22 Alert: If this Memorandum Opinion were to be challenged, it would end up in the Supreme Court and the deciding vote would likely be Justice Cavenaugh, the only candidate who is on the record supporting this Memorandum Opinion.
6/ On why DOJ punts to Congress: "The President is, in some respects, necessarily political in a way that criminal proceedings against other civil officers would not be." Therefore it would be "incongruous" for a jury to take on this "unavoidably political" task.
7/ And finally, this snarky opinion: "Surely, the House and Senate, via impeachment, are more appropriate agencies for such a crucial task, made unavoidably political by the nature of the ‘defendant.’
8/ And there's the next Catch 22. This GOP led Congress has abdicated their Constitutional responsibility to provide a check on the Executive branch of government. This "unavoidably political" task will be avoided for unapologetically political reasons.
9/ So to sum it up. The DOJ will not indict this sitting President, and the SC would rule against them if they tried (with or without Cavenaugh on the bench)
10/ The GOP-led Congress will not impeach this President, even armed with Mueller's forthcoming report of criminality and treason.
11/ Only we (the people) have the power to remove this criminally corrupt and morally bankrupt President from office. Contribute, volunteer and vote for #BlueWave2018.
12/ Check out @sethmoulton's serveamericapac.com which is supporting veterans and service-driven leaders from across the country running for Congress – people who have a record of putting country over self and people over politics. @threadreaderapp #unroll
