Saelune said:
When the opposition to me has something other than a load of lies and bullshit, I will have a discussion with it.
No, no you won't. You'll spew invective and unilaterally pronounce them "lies and bullshit", and accuse them of being "pro-Trump", just as you always do. Just as you just did. Please, allow me to prove it.
The problem with this is while Trump shouldn't be "above" the law, he shouldn't be
below it, either. Personally, I don't believe the DoJ should be empowered with appointing special counsels to investigate allegations of Executive malfeasance in the first place, because the same conflicts of interest that are the reason to appoint special counsels in the first place (DoJ is part of the Executive department, and DoJ appointments are Executive appointments),
also apply to special counsels as DoJ appointments. True for Trump, true for Clinton, true for Nixon, true for all the special counsels that preceded it.
Oh, but I already hear the cries of "buh buh Nixon!". Jaworski worked with the House Judiciary committee, to convince them to subpoena the tapes. That act came from
Congressional authority, not the DoJ. Cox fought with the White House for six months or so prior to get the tapes and got nowhere. The existence of the taping system and tapes in the first place, came to light due to Senate Watergate committee hearings. The special counsel ultimately went nowhere and got nothing done, other than to provide a confidential memo to the Judiciary committee as to what evidence to subpoena.
And, as for Clinton? Ken Starr's report recommended impeachment; he made no attempt to indict Clinton himself, despite believing special counsels had the authority to indict sitting Presidents, and even having drawn up a draft indictment. Which is what Mueller was certain to have done had he found a credible case for impeachment. The issue boils down to the interplay between prosecutorial discretion and the reasonable-doubt standard, as applies to cases in which a sitting President would be the defendant.
If a prosecutor doesn't have a strong enough case to have a credible chance at conviction, they have the discretion to nol-pros the case. In other words, if the prosecutor doesn't believe they can prove beyond reasonable doubt the accused committed the crime, they don't indict. Except in this case, Mueller stood by precedent (
bipartisan precedent), which put him in an impossible situation: if he can't indict, it stands to reason he can't nol-pros either. Therefore, his only recourse was to report and defer to the House, in which impeachment powers lie.
At the end of the day, the ball's in the House's court. It always was. Democrats' entire platform, it seems, in 2018 was investigating Trump with the intent to impeach; time to fufill that campaign promise, eh?