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Politics Robert Mueller's Investigation Raises 3 Big Legal Questions. Here's What We Know

02:45  20 june  2017
02:45  20 june  2017 Source:   time.com

Newt Gingrich says Mueller's Russia probe is "rigged"

  Newt Gingrich says Mueller's Russia probe is Key ally to the president tells "CBS This Morning" it was a "mistake" to think the investigation would be neutralWhile Gingrich said he would not recommend that Mr. Trump should fire Mueller, he questioned the investigation's impartiality since Mueller has so far hired four Democratic attorneys.

Robert Mueller ' s Investigation Raises 3 Big Legal Questions . Here ' s What We Know . These are the three key legal questions surrounding their relationship. Question 1: Could Trump fire Mueller ?

Here ’ s What We Know . – Related articles from other sources. Robert Mueller ’ s Investigation Raises 3 Big Legal Questions .

Mueller: FBI Director Robert Mueller testifies before a Senate Judiciary Committee hearing in Dirksen Building on oversight of the FBI on June 19, 2013; Trump: President Donald Trump hosts a working lunch with members of Congress at the White House, June 13, 2017, in Washington, DC.© Mueller: Tom Williams—CQ Roll Call/Getty Images; Trump: Mike Theiler—Pool/Getty Images Mueller: FBI Director Robert Mueller testifies before a Senate Judiciary Committee hearing in Dirksen Building on oversight of the FBI on June 19, 2013; Trump: President Donald Trump hosts a working lunch with members of Congress at the White House, June 13, 2017, in Washington, DC.

President Trump and special counsel Robert Mueller have a complicated relationship.

Mueller must carry out a largely independent investigation into Trump’s dealings with Russia and possibly whether he attempted to obstruct justice; Trump must weigh the political costs of how to respond to Mueller’s probe and what power he can, or should, exert over him.

Trump has 'no intention' of firing special counsel Mueller -White House

  Trump has 'no intention' of firing special counsel Mueller -White House President Donald Trump has the right to fire special counsel Robert Mueller, who is investigating alleged Russian meddling in the 2016 U.S. election and possible ties to the Trump campaign, but has no plans to do so, White House spokeswoman Sarah Sanders said on Tuesday. Christopher Ruddy, a Trump friend and chief executive of Newsmax Media, told PBS' "NewsHour" program on Monday that Trump was considering firing Mueller."While the president has the right to, he has no intention to do so," Sanders said when asked whether Trump was considering the move. She spoke to reporters as Trump returned to Washington from an event in Wisconsin.

Robert Mueller ' s Investigation Raises 3 Big Legal Questions . Here ' s What We Know . These are the three key legal questions surrounding their relationship. Question 1: Could Trump fire Mueller ?

President Trump and special counsel Robert Mueller have a complicated relationship. Mueller must carry out a largely independent investigation into Trump' s dealings with Russia and possibly whet Here ' s What We Know .

The legal underpinnings of the relationship are as complex as the public struggle and illuminate the fraught structural balance between a special counsel and the president.

These are the three key legal questions surrounding their relationship.

Question 1: Could Trump fire Mueller?

Trump does not have the direct authority to fire Mueller, but he does have the power to compel someone else to do it for him.

According to the regulations governing special counsels, a special counsel can be removed “only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause,” and the reasoning must be provided in writing.

Senate Intel heads meet with Mueller

  Senate Intel heads meet with Mueller The top Republican and Democrat on the Senate Intelligence Committee met on Wednesday with special counsel Robert Mueller amid ongoing probes into Russia's interference in the 2016 presidential election.Lawmakers had pushed for the meeting since last month, when Deputy Attorney General Rod Rosenstein appointed Mueller, the former director of the FBI, to run the bureau's investigation into any ties between President Trump's campaign andLawmakers had pushed for the meeting since last month, when Deputy Attorney General Rod Rosenstein appointed Mueller, the former director of the FBI, to run the bureau's investigation into any ties between President Trump's campaign and Russia.

Here ' s What We Know . Here ' s What We Know . Duration: 08:04.

To determine whether there’ s a case here , Mueller is trying to get to the bottom of several murky and unanswered questions that have long But if this scenario were true, it would raise some serious questions for Trump. Namely Avengers: Infinity War review: Marvel’ s biggest , most bizarre movie.

In this case, that means Deputy Attorney General Rod Rosenstein, since Attorney General Jeff Sessions has recused himself. So, if Trump wants Mueller fired, he has to order Rosenstein to do it. But that’s where things could get messy and lead down a similar path to President Nixon’s “Saturday Night Massacre,” when multiple Justice Department officials resigned rather than follow his orders to fire the special prosecutor.

There are indications that Rosenstein might resign if ordered to do this: he reportedly threatened to quit over how Trump handled firing FBI Director James Comey, and during a hearing before the Senate Appropriations Committee he said of firing Mueller, “I’m not going to follow any order unless I believe those are lawful and appropriate orders… If there were not good cause, it wouldn’t matter to me what anybody says.”

If Rosenstein resigns rather than follow President Trump’s order (or if Trump fires him), it would begin going down the line of Justice Department officials until Trump finds someone willing to do it. Here’s the catch: legal experts say a Justice official confirmed by the Senate needs to do it, according to an interpretation of a statute. In Nixon’s case, the solicitor general ended up doing it.

Q&A: The complex issues of the Russia probe, special counsel

  Q&A: The complex issues of the Russia probe, special counsel President Donald Trump's closest allies are attacking the integrity of those involved in the widening probe of Russian interference in the U.S. election, accusing special counsel Robert Mueller of driving a biased investigation. Trump himself took aim Friday at the senior Justice Department official responsible for appointing Mueller, accusing him on Twitter of leading a "Witch Hunt." The rising criticism puts a new focus on the relationships between the president, special counsel and the Justice Department, especially as questions loom over whether Deputy Attorney General Rod Rosenstein will recuse himself from overseeing Mueller's probe.

After A Day Of Legal Shock And Awe, What' s Next For The Mueller Investigation ? It' s hard to believe it was only Monday that indictments were handed down stemming from special counsel Robert Mueller ' s investigation into the Trump This raises questions about the Trump campaign' s vetting.

Robert S . Mueller III , the special counsel appointed to investigate possible A later meeting with Gorkov occurred as Kushner was seeking financing for his company' s problematic .8 billion purchase of a Fifth Avenue office building in New York, raising questions about potential conflicts of interest.

But Trump doesn’t have a solicitor general confirmed yet; his Justice Department currently has just three Senate-confirmed officials in place (and three more voted out of committee). The only other Senate-confirmed positions Trump has ready are Associate Attorney General Rachel Brand and Acting Assistant Attorney General for the National Security Division Dana Boente (who is not Senate-confirmed in that position, but has been confirmed as U.S. Attorney for the Eastern District of Virginia). If Brand and Boente won’t carry out Trump’s wish, then this executive order would designate who comes next.

The other way Trump could potentially fire Mueller and avoid the tricky situation outlined above is if he disregards the special counsel regulations or orders them repealed, and then fires Mueller himself. There’s a constitutional argument for why he could do this, since the president is vested with the ultimate law enforcement power. Special counsel regulations do not and cannot cut into this constitutional authority: they are regulations, not laws. But Trump actually going this route is probably far-fetched.

Ben Carson: Give Mueller a chance on Russia probe

  Ben Carson: Give Mueller a chance on Russia probe "I would give him the chance to see if he could [be fair].""I would give him the chance to see if he could do that because if there's nothing there - he's not gonna find anything anyway," Carson told Fox News Radio in an interview Friday.

Memorandum from Rod J. Rosenstein to Robert S . Mueller . As relevant here , the memorandum specified that the following allegations against Manafort “were within the They could be small and noncontroversial, or they could be big aspects of the investigation and/or things we don't know about.

Robert S . Mueller III on Capitol Hill. (Larry Downing/Reuters). Here ’ s what you should know about Mueller . (Amber Ferguson/The Washington Post). These are not questions that an official investigation can answer. Ultimately, we imagine Mueller as a white knight because it’ s easier than

Question 2: Under what circumstances would Rosenstein recuse himself?

Trump may be under investigation for obstruction of justice. That puts Rosenstein in a sticky situation, because Mueller reports to him, and he was an important player in Trump’s firing of FBI Director James Comey. (He wrote a memo outlining reasons to fire Comey, which Trump at various times has cited as precipitating his decision.)

This means that if Mueller’s investigation looks into that action, Rosenstein would be a witness in the obstruction of justice probe. Justice Department regulations are largely mum on this exact situation: the sections governing recusal say an official should step back “if he has a personal or political relationship with… any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution.” That’s not quite the case here, but Rosenstein still may want to avoid the appearance of any ethical violations. He reportedly had a private conversation with Associate Attorney General Rachel Brand saying that he’s considering recusing himself.

If Rosenstein does recuse, that means Brand is running the show. The rest of the above questions stay the same, but she would be the top Justice official Mueller reports to instead of Rosenstein.

Mueller to meet with Senate Judiciary Committee senators

  Mueller to meet with Senate Judiciary Committee senators Special Counsel Robert Mueller is scheduled to meet with top members of the Senate Judiciary Committee on Wednesday. A Judiciary Committee spokesman made the announcement on Tuesday. Mueller is investigating Russian meddling in the election and possible collusion with the Trump campaign.Mueller will talk with the chairman of the committee, GOP Sen. Chuck Grassley of Iowa, and the top Democrat, Dianne Feinstein of California. He'll also meet with GOP Sen. Lindsey Graham of South Carolina and Democratic Sen. Sheldon Whitehouse of Rhode Island.

Last Friday, special counsel Robert Mueller ’ s team indicted 13 Russian citizens and three Russian companies, accusing them of conspiring to But they do raise a few legal questions . First, do the indictments signal where the broader investigation into Trump-Russia collusion might be headed?

Mueller ’ s first moves have been characterized by lawyers as a classic opening salvo in launching “a big case,” which raises a series of questions and loose ends starting with: what else does he know Here are half a dozen loose ends and open questions that will become evident as Mueller proceeds.

Question 3: Can Mueller indict Trump?

This is a constitutional question about whether a sitting president can be criminally prosecuted, and there isn’t a clear answer. It has never happened before, and no court has definitively ruled on the issue. (The Supreme Court heard arguments about it in 1974 about Nixon, but never resolved the question.)

Here’s what the Constitution says in Article 1 Section 3: “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.”

The text of the Constitution doesn’t explicitly state whether a president can be prosecuted while in office, so arguments are based on structure and inference. The official view of the executive branch is that it can’t be done. The Office of Legal Counsel wrote in a 2000 memo arguing a president can’t be indicted, “The indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions,” though it acknowledges, “Neither the text nor the history of the Constitution ultimately provided dispositive guidance in determining whether a president is amenable to indictment or criminal prosecution while in office. It therefore based its analysis on more general considerations of constitutional structure.”

In Mueller’s position as special counsel, he is bound by Justice Department policies, but it’s an unresolved question how much deference he must give to the Office of Legal Counsel’s previous legal analyses on this issue. If Mueller decides he can make his own interpretation on this issue and Rosenstein disagrees with his decision, Rosenstein could overrule him by going to Congress and saying that Mueller’s conclusion was “so inappropriate or unwarranted under established Departmental practices that it should not be pursued.”

Still, under the interpretation that the president cannot be indicted in office, Trump would have to resign or be impeached first, and then could be criminally charged afterwards. In that case, if Mueller’s investigation finds what he believes merits an indictment, historically that means he would bring his findings to the House, which would decide if it warrants “high crimes and misdemeanors” to impeach and proceed from there. The basic idea behind this precedent is that if you’re going to undo an election, it should be by a body that is subject to the will of the people.

This article was originally published on TIME.com

Kushner Adds Prominent Lawyer Abbe Lowell to Defense Team .
Mr. Lowell has represented figures from both parties in high-profile cases, including former Senator John Edwards and the disgraced ex-lobbyist Jack Abramoff.WASHINGTON — Jared Kushner, President Trump’s son-in-law and adviser, has added to his legal team one of the nation’s most prominent trial lawyers, Abbe D. Lowell, his lawyers said on Monday.

Source: http://us.pressfrom.com/news/politics/-60480-robert-muellers-investigation-raises-3-big-legal-questions-heres-what-we-know/

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