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Barr and Mueller are wrong — Trump can be prosecuted while president: Fox News’ Andrew Napolitano

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Andrew Napolitano (Fox News/screen grab)

Fox News legal analyst and former Judge Andrew Napolitano on Thursday laid out the case that former special counsel Robert Mueller was wrong to claim that the president cannot be criminally charged while still in office.

As the former judge noted in his opinion piece at FoxNews.com, “We learned from Mueller’s report to Barr that while there is evidence of members of the Trump campaign collaborating with the Russians, there is not enough evidence to establish a conspiracy. We also learned that Trump personally engaged in 10 or 11 — depending on how you count them — efforts to interfere with Mueller’s investigation.”

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“Each of these attempts at interference constitutes the crime of obstruction of justice. That crime consists of any material attempt — whether successful or not — to impede a federal investigation for a corrupt purpose,” he explained.

“Yet, when the subject of a criminal investigation orders those who work for him to lie to FBI agents or to falsify documents that are soon to enter FBI hands — as Mueller found Trump did — that constitutes an attempt to interfere with a federal investigation for a corrupt purpose,” he elaborated before stating for the record: “The corrupt purpose is not the vindication of constitutionally protected rights. Rather, it is keeping law enforcement away from the person who ordered the deceptions.”

With that in mind, the conservative judge took up legal guidance given to Mueller — and supported by Attorney General Bill Barr — that he was hindered from indicting a sitting president by citing how the investigations against former Presidents Richard Nixon and Bill Clinton were handled.

“We know that presidential obstruction of justice is an impeachable offense because both President Richard Nixon and President Bill Clinton — each of whom instructed aides to lie to FBI agents and falsify evidence — were charged with it,” he wrote.

“Mueller said publicly, however, that the reason for his personal hesitation in charging the president is an October 2000 DOJ legal memorandum. It offered that charging a sitting president with a crime would impair his ability to perform his constitutional duties and thus ought not to be undertaken,” he continued. “But the 2000 opinion is just one of three that the DOJ has commissioned in the modern era. Of the three, two say the president ought not to be charged while in office, and one says that he may be charged. None says he cannot be charged.”

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As the judge notes, “Federal prosecutors threatened to indict incumbent President Clinton for obstruction of justice on the day after he left office. Clinton chose to address the threat while still in office and directed his lawyers to engage in plea negotiations with prosecutors. They negotiated a plea deal in which he pleaded guilty before a federal judge Clinton had appointed to the bench.”

Napolitano then posed the question: “What do you call a threat by federal prosecutors to seek an indictment of the president, and subsequent plea negotiations?”

“Answer: A prosecution of the president,” he concluded.

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2020 Election

Trump ‘abruptly’ storms out of 60 Minutes interview and refuses to return: report

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President Donald Trump was said to have "abruptly" ended an interview with 60 Minutes correspondent Leslie Stahl at the White House.

According to CNN correspondent Kaitlan Collins, the "drama" occurred on Tuesday afternoon.

"Apparently there was some drama while President Trump was taping his 60 Minutes interview today," Collins wrote on Twitter. "He abruptly ended his solo interview after around 45 minutes & did not return for a scheduled walk & talk he was supposed to tape with Pence, @abdallahcnn and I are told by sources."

Apparently there was some drama while President Trump was taping his 60 Minutes interview today. He abruptly ended his solo interview after around 45 minutes & did not return for a scheduled walk & talk he was supposed to tape with Pence, @abdallahcnn and I are told by sources.

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Trump mask-shames CBS reporter Lesley Stahl — and ominously warns ‘much more to come’

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President Donald Trump has spent months belittling people for wearing masks during the COVID-19 pandemic.

His anti-mask attitude reportedly resulted in White House and campaign staff not wearing masks so as to avoid angering their boss.

And Trump has repeatedly attacked Joe Biden for wearing facial coverings -- even after the president was hospitalized for COVID-19.

But on Tuesday, Trump dramatically shifted his position and mask-shamed CBS "60 Minutes" reporter Lesley Stahl, posting video of her not wearing a mask while Trump was.

Trump included video of their interview in his tweet:

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McConnell warns Trump not to pass a stimulus deal before the election: report

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According to a report from the Washington Post, Senate Majority Leader Mitch McConnell told fellow Republicans this Tuesday that he warned the White House not to make a stimulus deal with Democrats before the election.

"McConnell suggested that House Speaker Nancy Pelosi (D-Calif.) is not negotiating in good faith with Treasury Secretary Steven Mnuchin, and any deal they reach could disrupt the Senate’s plans to confirm Amy Coney Barrett to the Supreme Court next week," the Post reports.

As the Post points out, McConnell's stance risks dashing any hopes that a stimulus deal would be passed before November 3rd.

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