The Mueller Live

Live Updates On Donald J. Trump Federal Special Counsel Investigation


Adam Schiff: Evidence Available Already Shows That Trump Should Be Indicted | + Revisiting the split in official DOJ guidelines about indicting an incumbent POTUS

>There’s already sufficient evidence to support an indictment of President Trump even before the conclusion of the special counsel investigation.

>”Individual 1″ is Trump, and Cohen is set to begin a three-year prison sentence in part because of those crimes.

>**”It’s very difficult to make the argument that the person who was directed and was coordinated should go to jail but the person who did the directing and did the coordinating should not.”**

>**The evidence therefore already in place argues “very strongly in favor of indicting the president when he is out of office,” he said.**

>Current Justice Department guidelines prohibit indicting a sitting president. But Schiff believes that the department should reconsider this position, or indict Trump if he loses re-election in 2020.

**THIS IS NOT ACCURATE. See the Keep Track thread addressing the split in DOJ guidelines on the issue, outlining the 5 DOJ memos and 2 DOJ briefs:**

**[The Indictment of Trump | Ari Melber: Why Mueller could ask AG Barr to indict Trump in office [8:39] | + ALL DOJ memos/briefs about indicting a POTUS | + Brookings Institute analysis excerpt | + Additional articles](**

>”The Justice Department policy against indictment is the wrong policy, particularly when there is any risk that the statute of limitations may allow a president to escape justice,” the chairman said.

>Schiff stopped short of saying he thought Congress should impeach Trump and remove him from office in order to prosecute what he called these offenses.

>The chairman echoed the position of House Speaker Nancy Pelosi from her interview on Monday and said that without buy-in from congressional Republicans — who control the Senate — embarking upon the process today would be “doomed for failure.”

>”I see little to be gained by putting the country through that kind of wrenching experience as I’ve often remarked in the past,” he told reporters. “The only thing worse than putting the country through the trauma of an impeachment is putting the country through the trauma of a failed impeachment.”

>Democrats have been careful not to close the door entirely, however. Pelosi and others argue that Justice Department special counsel Robert Mueller or other investigators could uncover evidence of wrongdoing by Trump so egregious that it may compel a bipartisan case for impeachment.

>Ultimately, the length of Schiff’s investigation could depend on the Mueller investigation, and whether the Justice Department releases the underlying evidence that the Mueller team has gathered.

>”If the Justice Department either attempts to conceal the Mueller report or the underlying evidence, then requiring Mueller to testify may very well be necessary,” Schiff said. “A lot will be impacted … by the degree to which the Justice Department makes us investigate everything Bob Mueller did all over again … that will have the most direct impact on the length of our investigation.”

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