part of Mueller’s investigation will likely focus on obstruction of justice
with scores of participants
Assuming obstruction is a part of his charge, there is no reason why he wouldn’t get copies of all memos in DoJ position. He’s a part of the DoJ.
But here’s my concern:
The DoJ has long been of the opinion that they cannot indict a siting POTUS of anything. Only Congress through impeachment may ‘charge’ the POTUS. Once impeached and removed, POTUS is far game, but not before.
So, would Mueller take the position that DJT is not a target of his investigation?
What is also at issue is if a President can be indicted for crimes committed before he took office. The Constitution is not specific on that, which to me should mean all past acts are open game, especially since a felon can’t run for President.
The ideal scenario is to impeach and convict Trump first if possible. The he loses his pardon power. Yes, Pence could then pardon, but if some of these charges are money laundering and such, Pence pardoning would really hurt him if he ran in 2020 (Ford lost some support for his Nixon pardon, and it might have cost him the election in 1976).
Trump does have power to pardon now, even before any charges against anyone. But doing that would ensure he would be impeached and convicted.
Indeed, a very legally complex issue all around. But the closer to the 2018 midterm elections impeachment and trial are, the more of a chance we have of taking the House and Senate back.
The impression I had of the DoJ opinion, is that POTUS cannot be Federally indicted for anything by virtue of his office. Only after leaving office by resignation, expiration of term or removal thru impeachment.
But I think this is all academic. Mueller isn’t indicting a sitting POTUS for any crime; he will always defer to Congress via impeachment.
Unidicted co-conspirator is the most we can hope for.
And a GOP Congress isn’t impeaching a Republican for anything short of murdering someone on camera.
I like that angle.
If Trumps ratings tank big time, they will dump him. That will take some indictments if his people plus clear wrong doing on his part, but if they go low enough, they would love to dump him. They want President Pence. He can be controlled.