MUELLER MAY BE FORCED TO INDICT TRUMP USING GRAND JURY INDICTMENT

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Because of DOJ regulations, Special Counsel Robert Mueller‘s report about President Trump is not going to be released to the public – unless he obtain from the grand jury an indictment of the President.

  • Mueller was appointed special counsel by Rosenstein under DoJ regulations which also bind him as special counsel.
  • These DOJ regulations do not require or even permit a public report from Mueller.  Instead, they make it very difficult for any such findings to become public.
  • The DOJ regulations, specifically Section 600.8, requires the special counsel to provide a “confidential report explaining the prosecution or declination decisions reached by the Special Counsel,” but only to the Attorney General [AG].  In this situation, since AG Jeff Sessions has recused himself from anything involving the Russian probe, that “confidential report” would presumably go only to Rosenstein.
  • a “speaking indictment”; a term used to describe a lengthy and detained indictment document which contains more facts and allegation than the law requires.

 

Law and Crime reports:

Mueller is bound by current Justice Department [DoJ] regulations which make any release – much less a release to the public – of any such report very unlikely.

So Mueller may have to obtain an indictment against Trump, and include the details of Trump’s alleged wrongdoing in the text of the indictment, for this information to become public.

Indeed, unless Deputy Attorney General Rod Rosenstein changes the regulations to permit the release of any such report to the public, an indictment may be the only way for Mueller to insure that the information sees the light of day who suggests that those who claim to favor the release of any such report should urge Rosenstein to change the DoJ regulations now to make this possible.

….Mueller was appointed special counsel by Rosenstein under DoJ regulations which also bind him as special counsel.

These DoJ regulations do not require or even permit a public report from Mueller.  Instead, they make it very difficult for any such findings to become public.

The DoJ regulations, specifically Section 600.8, requires the special counsel to provide a “confidential report explaining the prosecution or declination decisions reached by the Special Counsel,” but only to the Attorney General [AG].  In this situation, since AG Jeff Sessions has recused himself from anything involving the Russian probe, that “confidential report” would presumably go only to Rosenstein.

Moreover, if Mueller does find that impeachment should be considered – technically that “other governmental action outside the criminal justice system might be appropriate” – he may “consult [ONLY] with the Attorney General with respect to the appropriate component to take any necessary action.”

But it’s not clear that Rosenstein, who was appointed by Trump, and who has been under very heavy pressure from the President, would release the report, especially since the law doesn’t require him to do so.  If he does want to, however, any such release must “comply with applicable legal restrictions.”

….In summary, unlike Starr and other independent counsel, if Mueller did discover evidence suggesting that Trump committed one or more crimes, and/or engaged in other activities which might warrant impeachment, he has no easy way to present this information to the entire Congress, much less to the American people. 

One, of course, would be to obtain from the grand jury an indictment of the President.

Presumably any such indictment would be a “speaking indictment”; a term used to describe a lengthy and detained indictment document which contains more facts and allegation than the law requires.

Indeed, since a number of the indictments Mueller has obtained and made public so far are speaking indictments, it is clear that Mueller and his band of skilled prosecutors is well aware of how such unnecessarily detailed indictments can be used to transmit information to the public for a variety of purposes.

….So if Mueller feels strongly that he has information about wrongdoing by Trump which Congress and/or the public should know, he may be forced to reveal it by obtaining an indictment against Trump, and including within it the information he has, even if it was not necessary for all the information to be in there.

Read more: Mueller May be Forced to Indict Trump

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