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

Donald Trump
Andrew Caballero-Reynolds/Getty Images

Trump Just Gave A New Reason For Why He Closes His Eyes During Meetings—And Here We Go Again

President Donald Trump was widely mocked after he explained to New York Magazine that the reason why he's constantly photographed with his eyes closed is not because he's sleeping... but because the meetings he attends are "boring as hell."

In November, The New York Times published an article that argued that despite Trump's projection of “round-the-clock energy, virility and physical stamina" and the fact that he "and the people around him still talk about him as if he is the Energizer Bunny of presidential politics," that image is getting harder to pull off because Trump is showing signs of aging.

Keep ReadingShow less
Adrienne Curry
JB Lacroix/WireImage/Getty Images

'America's Next Top Model' Winner Calls Out New Documentary For Viewing Show Through 'Woke Lens'

The 1990s and early 2000s were a very different time when it came to entertainment, especially how women and people of color were treated on television.

An infamous example of this was the hit television show America's Next Top Model, which ran for 24 seasons. There have been stereotypes and distasteful jokes circulating forever about what it takes to be a model, most focusing on dietary restrictions and infidelity, but America's Next Top Model took that to an entirely different place.

Keep ReadingShow less
Nicholas Galitzine He-Man in 'Masters of the Universe'
Amazon MGM Studios

Conservatives Are Melting Down Over 'He-Man' Movie Joke About Pronouns—And They Missed The Point Entirely

Conservatives have basically two cherished hobbies: caterwauling about trans people and missing the point of every joke. And with the release of the trailer for the new He-Man movie, they got to do both in one go!

Nicholas Galitzine stars as the titular super hero in the upcoming film adaptation Masters of the Universe, and given our times, it's only natural the film would make a joke about pronouns.

Keep ReadingShow less
film clacker with popcorn
GR Stocks on Unsplash

Details People Saw In Movies That They Called BS On Because Of Their Job

Movies are designed to entertain us. As such, they often take creative license with reality.

After all, reality can be less than cinematic.

Keep ReadingShow less
Marjorie Taylor Greene§
Anna Moneymaker/Getty Images

Even MTG Is Demanding That MAGA Admit The Killing Of Alex Pretti Was Completely Unjustified

Former Georgia Republican Representative Marjorie Taylor Greene continues to speak out against the MAGA movement that brought her to national prominence, this time calling on Republicans to condemn the killing of Alex Pretti by ICE agents in Minneapolis.

Calls for an investigation have intensified from across the political spectrum after analysis of multiple videos showed ICE officers removing a handgun from Pretti—a weapon that authorities said Pretti was permitted to carry but was not handling at the time—before fatally shooting him.

Keep ReadingShow less