Sean Hannity reveals an old DOJ that was recently uncovered by his guest, Mark Levin, “which suggests that a sitting president cannot be indicted in criminal cases.” The memo reads in part, “In 1973 the Department concluded that the indictment or criminal prosecution of a sitting president would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
It continued, “We believe that the conclusion reached by the Department in 1973 still represents the best interpretation of the Constitution.” It states, “We believe that the Constitution requires recognition of a presidential immunity from indictment and criminal prosecution while the president is in office.”
Mark Levin sets the topic of the discussion as the attempt by the left to create a perception that President Trump obstructed justice. Levin says, aside from the fact that President Trump didn’t and can’t obstruct justice, the questions of the frenzied media as to whether Muller will investigate President Trump or not is nothing more than media insanity.
Levin says “The question is, ‘Why would Mueller investigate a sitting president at all as a criminal matter?’ Because it’s been the position of the United States Department of Justice under Republicans and Democrats, and a 1973 memorandum and an October memorandum under the Clinton administration that you must not, cannot indict a sitting president.” He says it’s been a matter of constitutional interpretation for 44 years.
He points out the irrelevance of the talking heads on TV discussing obstruction of justice saying, “It doesn’t matter. The official position of the Justice Department is ‘We don’t charge a sitting president with a crime.'”
OLC – Prosecuting A Sitting President Criminally Is Barred By Separation Of Powers
Levin references the Office of Legal Counsel memorandum which states, “Criminal proceedings against a sitting president should be barred by the doctrine of separation of powers. What they concluded is it is barred by the doctrine of separation of powers.” The reason is because there is only one person that heads the executive branch. He describes their reasoning as, “You cannot have a prosecutor who is responsible to nobody, digging into the background, charging the President of the United States, debilitating his presidency, making it impossible for him to focus on his constitutional responsibilities, domestic and foreign.”
He continues, “You cannot have a judge and a jury determining whether an election is going to be reversed. You cannot have average citizens, yes, I said average citizens, twelve citizens sitting as they typically would in an average case, involving an average other citizen defendant. That’s not this case; it’s the President of the United States. And the framers of the Constitution set up a completely separate system for him or her, called the impeachment process.”
He points out the label of the type of prosecutor, be it special or anything else doesn’t change the fact that Mueller or whomever still is accountable to and must operate under the purview of the Justice Department and abide by their regulations. Levin starts to get into the underhanded tactics of Comey and Mueller in manipulating Comey’s good friend into the position, but Hannity cuts him off in the interest of time.
Levin says we need to get off of the “issue” of obstruction and onto “Mr. Mueller, what is your authority for investigating the President of the United States as a criminal matter. We’d like to know what it is, because right now, if that’s your intention, I’m not saying he’s doing it, we don’t know, you’re violating Department of Justice policy that’s 44 years in place.”
He adds, “And for the liberal lawyers and media types who are going to debate the memo, they can debate it all they want. That’s the Department of Justice policy, whether they like it or not.”
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