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1. Can I please add one more argument against the rationale of the DOJ/OLC memo opinion that we can’t indict a criminal president? It’s the constitutional doctrine of “forfeiture by wrongdoing” & it’s not that complicated. We all enjoy a multitude of constitutional rights . . .
2. Including a 6th Amendment right to confront/cross-examine the witnesses against you at a criminal trial. But guess what? If you do something that prevents the witness from appearing and testifying at your trial (i.e., threaten, kidnap, kill), then the law deems . . .
3. that you forfeit or waive your constitutional right to confront the witness. Put another way, as a result of your wrongdoing you can no longer invoke the protections of the constitution. Pretty basic, right? Now, let’s turn to the president. The DOJ/OLC bureaucrats interpret-
4. the Constitution to prohibit indicting a criminal president (as an aside, the Constitution says no such thing, so the bureaucrats’ interpretation is dead wrong, IMO). But let’s work with that interpretation: Trump committed crimes to gain unfair advantage in the campaign. . .
5. He committed campaign finance felonies by paying off porn stars & playmates in an effort to suppress damaging information that the voters had a right to know. In a very real sense, he robbed the American people of the full value of their vote. Then, he encouraged Russia ...
6. to interfere in our election & welcomed the foreign assistance when it became available. Trump weaponized the stolen DNC emails released by Wikileaks, again to his unfair advantage. This plainly constitutes using stolen info to one’s advantage. It’s wrong & arguably criminal.
7. So, returning to the constitutional doctrine of forfeiture by wrongdoing: Trump committed crimes to steal the presidency. Even if we accept the premise that the Constitution ordinarily protects a president from being indicted, if he acquired the presidency . . .
8. through his own wrongdoing he forfeits all constitutional protections. Accordingly, even the OLC memo should offer him no protection against prosecution. Of course, his protector Bill Barr continues to offer this criminal president absolute protection against prosecution. . .
