(IDEA) SDNY indicts Trump right now, daring Barr to fire the U.S. Attorney there for violating DOJ regulations. And yet that very firing would *confirm* that Mueller never had the option of indicting Trump, and that Barr lied in implying he did, which lie the firing would reveal.
1/ That is, Barr repeatedly lied to Congress by implying that when he and Rosenstein made their decision on obstruction, it was entirely possible that they could've made a different decision (that being to indict Trump). If SDNY indicts and Barr fires the USA, his lie is caught.
2/ Given that SDNY already wants to indict Trump, all this idea requires is a U.S. Attorney (USA) willing to be fired by Barr as a symbolic gesture—to stand up to what's become a lawless administration. Preet Bharara showed us that such a firing only ends with you being *famous*.
3/ Here's another question I'd like to get some other lawyers to respond to: if the SDNY USA doesn't want to take the risk of indicting Trump, why not simply do what Barr said Mueller should've done: issue a report to Barr saying Trump is indictable? Barr already said this is OK.
4/ Assuming the SDNY USA won't do this, as he's a Trump ally, what would stop one of the career prosecutors who worked on the Cohen case from sending a confidential memo to Barr on Trump being indictable? How could you get fired for sending such a memo? And yet we know it'd leak.
You can follow @SethAbramson.
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