Mueller vs Barr, and the battle to indict Trump

Source: Spectator | March 9, 2019 | Cockburn

Cockburn hears that Mueller wants to indict the President but Barr doesn’t – while the two men agree that Trump’s children should be charged

A good rule in journalism is, or ought to be: Never predict. (Just report.) So Cockburn has some explaining to do, having quoted one source saying that Robert Mueller would hand in his report yesterday. The story said members of President Trump’s family would be charged but also noted that it is Department of Justice policy not to indict a sitting President. However, there was no frenzy at the DoJ on Friday, no throng of reporters to make the tourists heading up Pennsylvania Avenue to the White House stop and look. So what happened?

Several sources tell Cockburn that the Special Counsel has indeed completed his report. It is said to recommend indicting three of President Trump’s children – Don junior, Ivanka and Eric – as well as his son-in-law, Jared Kushner. The Attorney General, William Barr, is said to have ‘silently assented’ to this. It’s also claimed that Mueller wants President Trump himself to be indicted. Barr is said to oppose this. The two men met on Friday but apparently could not agree and this was the reason for the delay in any announcement from the DoJ. At least this is what the sources say.

……….

It is true that DoJ policy says you can’t indict a sitting President. But as Cockburn has written before, that’s policy, not law. The DoJ has at various times issued different opinions on this. There may not be a constitutional prohibition on laying criminal charges against a sitting President and using the courts or a grand jury to do it.

If this is really the debate going on in the Attorney General’s office, it’s no wonder there’s a delay. As one veteran of Washington tells Cockburn: ‘There is a strange silence around town. Like the weird calm before a major hurricane.’ Weather reports – like journalists’ predictions – are notoriously unreliable but there’s still reason to think that the coming weeks will be a testing time in the history of the Republic.

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