Will Trump be indicted by Special Counsel Robert Mueller? While that is the question making the rounds at CNN, FOX, and the rest, it may well be that question is moot. Mueller many not even be in the picture within six months and the spotlight will be on another ultimately more important player.
Paul Rosenzweig recently examined that question in an editorial in The Atlantic where he contends that those who are hoping Mueller will prosecute President Trump are engaging in the highest kind of fantasy. One only needs to read the title of Rosenzweig’s article and know what he thinks of the possibility of Mueller taking any concrete action against Trump.
There’s No Way Mueller Will Indict Trump
How We Know President Trump Won’t Be Charged in the Mueller Investigation.
Rosenzweig, no fan of Trump, is emphatic about Mueller, saying:
Mueller will not indict Trump for obstruction of justice or for any other crime. Period. Full stop. End of story. Speculations to the contrary are just fantasy.
He won’t do it for the good and sufficient reason that the Department of Justice has a long-standing legal opinion that sitting presidents may not be indicted. First issued in 1973 during the Nixon era, the policy was reaffirmed in 2000, during the Clinton era. These rules bind all Department of Justice employees, and Mueller, in the end, is a Department of Justice employee.
There are a number of reasons that Robert Mueller probably will not indict or prosecute President Trump for anything is unlikely. That means the person who supporters of President Trump should keep an eye on is Deputy Attorney General, Rod Rosenstein.
The odds are that, rather than move for indictment, Mueller will refer his findings to the Deputy Attorney General since Jeff Sessions recused himself early on. Department of Justice regulations specifies that the Special Counsel file such a report even if he chooses to take no other action.
If that scenario plays out as Rosenzweig and others are convinced it will, he will then have to decide what to do next. That is why he, and not Mueller, will set the course for the business of our nation. He has two options: report Mueller’s findings or choose to not release it at all.
Rosensweig is just as confident in Rosenstein’s integrity as he is of Mueller’s certainty to pass on indicting Trump. He writes:
Every time you read about the threat to fire Mueller, remember this—the critical actor in most future scenarios is not Mueller, but Rosenstein. Knowing Rosenstein personally, I have high confidence that he will make what he thinks is the best decision for the country—the same may not be true of his replacement … That, of course, is why the highly dubious “secret memo” prepared by House Republicans reportedly targets Rosenstein—even though he is a Trump appointee who advocated firing Comey, Trump supporters fear he will follow the rule of law.
But is Rosenstein as unbiased as he has been presented or is that “secret memo” the result of some knowing that, he is the danger not Mueller, for President Trump?
Nine months ago The New Republic assumed that Trump would fire Rosenstein. In response he released an official Justice Department memo:
Americans should exercise caution before accepting as true any stories attribute to anonymous officials, particularly when they do not identify the country – let alone the branch or agency of government – with which the alleged sources supposedly are affiliated. Americans should be skeptical about anonymous allegations. The Department of Justice has a long established policy to neither confirm nor deny such allegations.
In truth, Rosenstein should have recused himself from the Russia investigation a long time ago. He now probably is poised to either report the matter to Congress without recommendation or recommend further action.
Mueller is not going to break precedent and indict a sitting President. Whether you like the proceedings he has led or not, he has too much of a sense of the weight of the matter to do anything else.
Whatever happens to Trump is not going to be determined in a court but in Congress. Mueller will not indict the President and neither will Rosenstein.
This is not to say this recommendation will stop the Left from calling for President Trump’s impeachment. They media will demand Mueller’s report be made public and anything short of full disclosure (which isn’t likely to happen) to them will result in conspiracy theories that dominate the air waves and keep them distracted from President Trump’s accomplishments—just like they are now with Russia and Stormy Daniels.
~ Freedom News Report