Skip to content
Search AI Powered

Latest Stories

Lawyers Predict Robert Mueller Will Indict Donald Trump for Obstruction of Justice

Lawyers Predict Robert Mueller Will Indict Donald Trump for Obstruction of Justice
Saul Loeb/Getty Images

Two attorneys working with clients involved in the Russia probe said they believe special counsel Robert Mueller could indict President Donald Trump for obstruction of justice.

Two attorneys working with clients involved in special counsel Robert Mueller's Russia probe who spoke to Politico said they believe Mueller could indict President Donald Trump for obstruction of justice, a historic first for a sitting president, possibly as soon as this Spring.

While neither attorney "claimed to have specific knowledge of Mueller's plans," both "based their opinions on their understanding of the law," and one of them "cited his interactions with the special counsel's team."


"If I were a betting man, I'd bet against the president," said one of the lawyers.

The second attorney, who represents a senior Trump official, believes Mueller could try to bring an indictment against Trump even if he anticipates legal and procedural challenges.

"It's entirely possible that Mueller may go that route on the theory that, as an open question, it should be for the courts to decide," the attorney said. "Even if the indictment is dismissed, it puts maximum pressure on Congress to treat this with the independence and intellectual honesty that it will never, ever get."

Legal scholars have opined that a case against the president would likely move to the Supreme Court because there is no legal precedent for an indictment of a president. Two Justice Department legal opinions––one in 1973, the other in 2000––say it's "not a viable option." As Politico reports:

The 2000 opinion concluded 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."

The memo was written by an assistant attorney general nearly two years after the House impeached President Bill Clinton for lying under oath and obstructing justice about his affair with White House intern Monica Lewinsky.

Independent counsel Kenneth Starr never tried to indict Clinton. But Starr, who filed a damning report to Congress in 1998, considered the option — and even tasked his lawyers with preparing draft indictments, as well as a legal opinion asserting his power to charge Clinton.

As for the 1973 memo:

The 1973 Justice Department memo was used to shield President Richard Nixon from a possible indictment by Watergate prosecutors, who believed they had the power to bring one. That debate was unresolved after the special prosecutor decided to share his work with the House Judiciary Committee, which was preparing to launch impeachment proceedings against Nixon.

According to Kenneth Starr's legal adviser, Ronald Rotunda, Mueller cannot indict Trump because Starr's powers were defined by an independent counsel statute that expired in 1999. As such, Mueller has the powers of a U.S. attorney, and would be bound by all Justice Department "rules, regulations, procedures, practices and policies," including both the 1973 and 2000 DOJ memos.

Republicans have warned that an indictment against a sitting president would spark a constitutional crisis, and signs that Mueller is closing in have persisted for months.

In October, Mueller's team charged former Trump campaign chairman Paul Manafort and his longtime business partner Rick Gates with 12 counts of "conspiracy against the United States, conspiracy to launder money, unregistered agent of a foreign principal, false and misleading FARA statements, false statements, and seven counts of failure to file reports of foreign bank and financial accounts."

Shortly afterward, Trump's former national security adviser, Michael Flynn, pled guilty to lying about conversations he'd had with Sergey Kislyak, the former Russian ambassador. Mueller's team charged Flynn with "willfully and knowingly" making "false, fictitious and fraudulent statements" regarding those conversations. Flynn's plea indicates what outlets had reported for some time: That he is cooperating with the special counsel's investigation.

More from People/donald-trump

Screenshots of Will Thilly breakdancing
New York Post/YouTube

Guy Breakdances His Way Into Town Hall Meeting To Ask Why Taxes Went Up—And Becomes An Instant Legend

Cranford, New Jersey town council candidate Will Thilly went viral after dancing his way up to the podium at a recent town hall meeting to ask why property taxes in Cranford have gone "up so much."

Thilly's unique tax protest began when he danced his way up to the podium and continued to dance even after a Cranford Township official said, "Mr. Thilly, I started your time." People laughed when Thilly held up a finger to stop the official and continued to dance anyway.

Keep ReadingShow less
Screenshot of Brian Kilmeade
Fox News

Fox News Host Apologizes After His Suggestion That Homeless People Be Euthanized Sparks Outrage

Fox and Friends host Brian Kilmeade was criticized for suggesting that homeless people with mental health issues get "involuntary lethal injection" after the murder of Ukrainian refugee Iryna Zarutska on a train in North Carolina—and was swiftly condemned for an insincere apology several days after the fact as many are calling for Fox News to terminate his contract.

Zarutska was stabbed to death at the East/West Boulevard station on the Lynx Blue Line in Charlotte last month; her killer, a homeless man with a history of mental health issues, has since been charged with first-degree murder.

Keep ReadingShow less
Sofía Vergara
Bryan Steffy/Getty Images

Sofía Vergara Reveals She Missed Presenting At The Emmys Due To 'Craziest' Medical Emergency

Almost everyone has a favorite television show they like to turn on at the end of a rough day or binge-watch for a bit of nostalgia, and most of us pretty frequently check out new shows to see if we can spot a favorite.

Needless to say, the Emmys award show is a huge deal every year, honoring all of the people involved in the projects that are currently gracing the small screen, and basically anyone who's anyone will attend.

Keep ReadingShow less
Rep. Nancy Mace
CNN

Nancy Mace Just Tried To Claim She's Never 'Dehumanized' Her Colleagues—And The Internet Brought The Receipts

South Carolina Republican Representative Nancy Mace was called out for hypocrisy after she claimed on CNN that Democrats in Congress have been "dehumanizing" Republicans, a move she would "never" do—despite her record of doing just that.

Speaking to anchor Katie Bolduan while the search for the suspect who killed far-right activist Charlie Kirk was ongoing, Mace objected to Bolduan's observation that she was using "us v. them" language, only saying that things are "very one-sided right now." She also suggested that the situation is so bad for her that she's actually afraid of "just walking out in public."

Keep ReadingShow less
A younger man stand on top of a mountain with his arms outreached and his face looking to the sky. It's a beautiful day and lakes and mountains are the backdrop.
Photo by Kyle Loftus on Unsplash

People Who Quit Their High-Paying Jobs For Happiness Explain How It Turned Out

Sometimes money isn't the goal.

It is a BIG goal for many.

Keep ReadingShow less