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Whether Mueller can or can't would have to go to SCOTUS. The Trump Admin wouldn't just sit by. It would take forever.Listening to Thom Hartman who, during breaks from the regular program, is reading for viewers the Mueller Report.
He got to this part and it kind of struck me. From section one, page eleven:
"the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses."
This, it seems to me, overrides the OLC memo that says the president cannot be indicted. If not override, at the least it's at odds with the memo. Being that this was stated by someone who is second-in-command over the DOJ (Sessions recused) and has authority over the OLC, doesn't this authorise Mueller to bring indictments?
Which is why Mueller poked Congress and said, they are clearly mandated with handling this sort of situation.
Why would it have to go to SCOTUS? It's an internal policy, not a law or regulation.