A case for impeachment:
David Jolly:
Allow me this Mueller Report exercise:
Between the GOP framing of 'exoneration' and the House suggesting the need for more investigation, it's worthwhile to demonstrate how a sufficient case can already be made for indictment & impeachment in the mere length of a Twitter thread.
First, as a predicate, Mueller asserts that "given the role of the Special Counsel as an attorney in the Department of Justice", he is bound by the OLC opinion that indictment of a sitting President would be in "violation of 'the constitutional separation of powers.'" (V2 P1)
Mueller further concedes, generously to the President, that it would be unfair to even offer a "prosecutor's judgment that crimes were committed" but then not charge Trump, because Trump would have no opportunity to "clear his name" "before an impartial adjudicator." (V2 P2)
To which end, Mueller famously wrote, "Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him." (V2 P2)
With that said, Mueller then dissects multiple incidents of obstructive behavior by the President, examining whether each meets the three generally accepted elements of criminal obstruction:
McGahn sought counsel from his personal attorney, refused again the President's order, and instead decided to resign. (V2 P86-87).
As to the 1st element of the crime (an obstructive act), Mueller found "substantial evidence ... supports the conclusion that the President ... in fact directed McGahn to call Rosenstein to have the Special Counsel removed." (V2 P88)
To the 2nd element of the crime (nexus to an official proceeding), Mueller found "substantial evidence indicates that by 6/17/17, [Trump] knew his conduct was under investigation by a federal prosecutor who could present any evidence of federal crimes to a grand jury." (V2 P89)
And to the 3rd element of the crime (corrupt intent), Mueller found "substantial evidence indicates that the President's attempts to remove the Special Counsel were linked to the Special Counsel's oversight of investigations that involved the President's conduct." (V2 P89)
And moreover to the third, Mueller found "evidence that the President knew he should not have made those calls to McGahn" (V2 P90), that Trump told AG Sessions, "you were supposed to protect me" (V2 P89), and that Trump conceded "this is the end of my presidency." (V2 P89)
In a further and related count of obstructive behavior, Mueller found Trump directed multiple staff members to tell McGahn to lie and "write a letter 'for our records'" denying Trump's directives to him re firing the Special Counsel. McGahn refused to write the letter. (V2 P119)
While this thread is lengthy, the point of the exercise is to show that in a mere 14 tweets the case can already be made for the impeachment of President Trump.
The opportunity for decisive action is sitting right in front of the Congress, right now.
Respectfully submitted.
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I think Mueller's big mistake was thinking that is would be so obvious to everyone...I think he thought people would read it and be able to read with comprehension and understanding...he gave the people too much credit...
I think he knew most people would not read it. It was as has been said a roadmap for Congress, He is a employee of the DOJ and must stay within their guidelines, It appears he did farm out the information he could not use in his report to three or four states and the SD of NY. We will see.
@Sticks48 I know...but I also think he meant the entire report to be available to both Republican and Democrats in the judiciary committee to read and come to the same conclusion and do something...now we are left with all of the media "translators" spinning it this way and that when the elected officials did nothing...
@thinktwice That is why he farmed info out. He knew the AG could do whatever he wished with the report. The AG could have put it in a safe where no one could see it. It is not like the information we have seen is not enough to impeach, but with the Republicans in the Senate won't convict it would be a waste of time. It will go to the courts where Trump thinks he will win if it gets to SCOTUS. I don't think he will win. When it comes to social issues his two appointees might vote conservative. When it comes to Constitutional issues I'm not so sure. Roberts would probably vote with the more liberal judges if it did go that way.
@Sticks48 Mueller is that smart...and so was Obama when he documented and carefully let others know what Trump was doing...in other words, there is more than one way to get the truth out...
@thinktwice That is what I am hoping for.