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Georgetown Law professor explains why indicting Donald Trump is constitutional

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Since President Donald Trump’s lawyer Michael Cohen was sentenced to three years in prison after implicating the president in a hush-money scandal, several people have wondered if Trump could be indicted as well.

Several people have debated that a sitting president cannot be indicted, however, Georgetown Law professor Marty Lederman wrote in the New York Times that it is actually constitutional to indict the president.

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“The possibility of such criminal conduct has, in turn, renewed an old debate about whether it would be constitutional to indict a sitting United States president,” Lederman said.

He explained, “The more pertinent question, then, is whether a sitting president can be charged, even if the trial itself wouldn’t take place until after his term ends. The Office of Legal Counsel in the Justice Department acknowledged in 2000 that nothing in the text of the Constitution or evidence of the framers’ intent would preclude a grand jury indictment of a sitting president.”

“The Justice Department has never disputed, for instance, that a grand jury could name a president as an unindicted co-conspirator — as it did with Richard Nixon in 1974 — even though the opprobrium of such a designation shouldn’t be materially more damaging than the stigma of a pending indictment,” he wrote.

Washington Post columnist Jennifer Rubin columnist suggested that even if Trump is indicted he has a game plan set in place.

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“He risks being prosecuted after he leaves office,” she said. “I would predict here on MSNBC that when Trump leaves office he will resign the presidency 10 minutes before [Vice President] Mike Pence leaves office, allowing Pence to pardon him if there is not a Republican president to follow him.”

“Perhaps Mr. Trump will become the first president to face criminal charges. Perhaps not. But that’s the least of it. We’d be wise to shift our attention from the unlikely possibility of a trial to the much more important matter of what the Mueller investigation might tell us about Mr. Trump’s relationships with Russia and whether they compromise his ability to protect and defend the nation,” he wrote.

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Read the full article here. 

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Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. Unlike other news sites, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.



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‘Go back to Harlem!’: Florida woman has n-word laced meltdown after bumping black woman’s shopping cart

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On Saturday, the Atlanta Black Star reported an incident in Florida, in which a white woman screamed racial slurs at a black woman at a Publix supermarket in Miami after their shopping carts jostled each other.

After the woman allegedly banged into Nicki Johnson's cart, she refused to apologize, saying, "I didn't hit you with my cart, and f**k you,  you f**king n****r."

Johnson whipped out her cell phone camera, and began recording the incident, saying "You, why don't you call me a n****r again?"

"You thinking I'm sorry?" snapped the woman. "Let me tell you something, I don't have to call you anything. Get away from me, I will call security and there are surveillance videos. Get away from me!"

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‘I’m a nurse, what are you?’: Tennessee lawmaker humiliates anti-choice activists in brutal public grilling

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Anti-choice activists in Tennessee were unprepared for the grilling they got from a Democratic Party lawmaker when making the case for a bill that would outlaw abortion before many women knew they were pregnant.

One of the speakers in favor of the fetal heartbeat bill was Baptist Pastor Randy Davis, who was questioned by state Sen. Katrina Robinson (D-Memphis).

"How many women executive pastors do you have in your convention?" Robinson asked Davis. "Or senior pastors."

"None," Davis replied.

"So is it the same ideology that restricts access to women being able to lead a congregation that leads you all to support women not being able to make a medical decision about their body?" Robinson asked.

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2020 Election

Trump is doing everything he did in 2016 to get elected — and it’s failing this time: columnist

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On Saturday, Washington Post columnist Dan Balz wrote that President Donald Trump is relying on the same old bag of tricks that let him lurch blindly to a surprise victory in 2016 — but that that playbook is unlikely to get him elected again, let alone deliver sound domestic or foreign policy.

"After a week in which the threat of recession rocked global financial markets, his trade war with China showed no signs of progress and the government of Israel got into a nasty dispute with two members of Congress, President Trump went to bed Thursday night with other weighty issues on his mind. 'Great news,' he tweeted. 'Tonight we broke the all-time attendance record previously held by Elton John at #SNHUArena [Southern New Hampshire University] in Manchester!'" wrote Balz. "This is the frivolous mind-set of the president of the United States. Trump’s flurry of statements over the past few days have brought into focus once again something fundamental about him: He has little understanding of what it means to govern. He would rather tweet from the bleachers."

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