Teri Kanefield @Teri_Kanefield Author, lawyer (U.C. Berkeley). An idealist who believes the American Experiment will succeed. I tweet about the law, books, politics, and history. Nov. 09, 2018 1 min read

(Thread) Linda asks: Can Whitaker squash Mueller's indictments?

Answer: Maybe, but no.

I’ll explain.

Squashing indictments, if done to protect guilty people from being brought to justice at the behest of a president who wants to protect his pals would be illegal.

1/ For now, let’s avoid getting into the weeds of what Mueller’s appointment allows him to do, what someone supervising him can or can’t do, and whether Whitaker’s appointment is constitutional.

Think of the question this way:

2/ Can a person rob a bank?
Yes, of course the person CAN (in the sense that its physically possible).

But no, they can’t do it legally, and if caught, they’ll get in big trouble.

The assumption underlying the oath to uphold the constitution is that the AG. . .

3/ . . and everyone in the Justice Department & law enforcement is working for truth and justice.

That includes not squashing indictments that should be brought (and not bringing indictments that shouldn't).

The drama we're watching is: Trump v. Rule of Law

4/ or: Cult of Leadership v. Rule of Law.

The voters spoke on Tuesday: By a 9+ point margin, they don't want a cult of leadership.

Lots of people are on the side of Rule of Law: Mueller, Rosenstein, the FBI; We get a new Congress in Jan with subpoena and investigatory powers.

5/The important thing is that the truth comes out. And it will.

CAN Whitaker squash indictments? Let’s say maybe or “it depends” (the answer to many legal questions).

If Rule of Law triumphs (and it will) the answer—in the end—will be “no.”

6/ If you want to know what you can do: Protest peacefully, organize for 2020, and don't wear yourself out with the constant spectacle and crisis.


You can follow @Teri_Kanefield.



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