Could There Already Be There An Indictment Under Seal for Trump?

Discussion in 'Law & Justice' started by HumbledPi, Dec 18, 2018.

  1. JakeStarkey

    JakeStarkey Well-Known Member

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    Prove it. :) You can't. There is no 'law' against it.
     
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  2. RodB

    RodB Well-Known Member Donor

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    Nice to see your introspection is working.
     
  3. RodB

    RodB Well-Known Member Donor

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    Well, OK. The law on Special Counselors says an appointed special prosecutor states that an appointed special prosecutor must obey DOJ policy or be removed. Mueller indicting Trump is cause for removal -- according to the law.
     
  4. JakeStarkey

    JakeStarkey Well-Known Member

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    That's not LAW. Do you know that, RodB. It is DOJ regulation, which can be invalidated by the Courts.
     
    Last edited: Jan 4, 2019
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  5. Andrew Jackson

    Andrew Jackson Well-Known Member

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    Once again, RodB is not understanding things
     
  6. Hadrian's Hammer

    Hadrian's Hammer Banned

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    LOL.
     
  7. tnsharpshooter

    tnsharpshooter Active Member

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    This thread the question ask is a big joke.
    Hillary is the one that should be indicted.

    MAGA
     
  8. The Mello Guy

    The Mello Guy Well-Known Member

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    Is that how laws are made? Some guy nobody elected making a declaration?
     
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  9. RodB

    RodB Well-Known Member Donor

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    No, it isn't an explicit law, but it is a learned legal interpretation of the constitution by the people charged with doing such things, and has the weight of explicit law. The courts have no legal jurisdiction over this type of ruling. Now to carry it one step further, to repeat, Mueller would be in violation of explicit US Code law if he went against DOJ policy and indicted the president; and no court could legally save him. (As an aside, this is probably academic because in my opinion Mueller has no intention of indicting or charging Trump.)
     
    Last edited: Jan 5, 2019
  10. RodB

    RodB Well-Known Member Donor

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    Judges do it all the time.
     
  11. Derideo_Te

    Derideo_Te Well-Known Member

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    Makes one wonder if he "graduated" from Trump University with a "degree" in "alt law".

    ;)
     
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  12. The Mello Guy

    The Mello Guy Well-Known Member

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    And they are the ones who should do it here. Not DOJ officials who worked for presidents fearing indictment like Nixon and Clinton
     
  13. Hadrian's Hammer

    Hadrian's Hammer Banned

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    Definitely alt or wishful "law".
     
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  14. RodB

    RodB Well-Known Member Donor

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    Per the constitution, judges or justices should never make law. Can you rationalize your position that a judge should be able to tell a prosecuting attorney or a grand jury that they must indict someone?
     
  15. JakeStarkey

    JakeStarkey Well-Known Member

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    Per the Constitution, judges adjudicate the law. We are talking about department rules and regulations, which like Congressional and state legislation, must accord with the Constitution.
     
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  16. RodB

    RodB Well-Known Member Donor

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    You claimed judges should make law, not adjudicate law. Very few, if any, agency policies would raise a constitutional question. Certainly a DOJ policy that says someone or something will/can not be indicted is not a constitutional question.
     
  17. JakeStarkey

    JakeStarkey Well-Known Member

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    Show me where I stated "judges should make law, not adjudicate law." Why do you keep saying people say things they don't?
     
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  18. RodB

    RodB Well-Known Member Donor

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    OOPS! Got you mixed up with Mello Guy. My bad.
     
  19. The Mello Guy

    The Mello Guy Well-Known Member

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    That isn’t my position. Your position is that lawyers should dictate to judges
     
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  20. Derideo_Te

    Derideo_Te Well-Known Member

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    Complete and utter claptrap!

    Every time any judge makes a ruling they are essentially "making the law"!

    The legislation written by Congress is imperfect because it is impossible to get anything 100% right. The function of the judicial branch is to deal with those legislative imperfections when they reach the courts and render opinions as to how the law should read in order to be in compliance with the Constitution and the individual rights of We the People. Occasionally the courts do screw up, as in Citizens United, but that is usually corrected by subsequent cases and/or legislation which is why there are Checks and Balances.

    This is basic Civics 101.
     
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  21. RodB

    RodB Well-Known Member Donor

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    No, it is not.
     
  22. bx4

    bx4 Well-Known Member

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    Not a law. A legal opinion and a policy. Those can both be changed.

    Short answer is: yes it is possible that there is a sealed indictment. If there is, and any action were ever taken on it, Trump would undoubtedly challenge it and the courts would decide.
     
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  23. RodB

    RodB Well-Known Member Donor

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    You mean Civics 000. You have it all bass ackwards. The very first statement of the constitution reads, "Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." I should point out that legislation means making law.
     
  24. Derideo_Te

    Derideo_Te Well-Known Member

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    Now you are just equivocating.

    Any time the court determines that legislation is unconstitutional it is de facto "making law" with that ruling.

    For example Congress passed the DOMA legislation only to have it repealed by the Supreme Court.
     
  25. RodB

    RodB Well-Known Member Donor

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    Technically accurate. But pragmatically not so much. It is true that a judge could rule any way he chose regardless of any regulations, policy, or even law, and if that were the SCOTUS that would be the end of it -- at least for now.

    On the other side of the coin if Mueller or any US Attorney asks for an indictment against Trump, sealed or not, they would be subject to immediate dismissal by law; "they" being both the attorneys or prosecutors and the indictment(s).
     

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