Cecily Zamora
Special Counsel Robert Mueller's two-year investigation into President Trump and his campaign's potential ties to Russia and obstruction of justice did not result in any charges against the President. While Mueller's report outlined evidence of Trump's efforts to impede federal proceedings and influence witness testimony, it did not explicitly exonerate him. The decision not to charge the President was based on Justice Department policy and the understanding that a sitting president cannot be indicted or prosecuted, which some legal experts argue is supported by memos from 1973 and 2000. However, some lawyers have suggested that Mueller could have deviated from department policy in extraordinary circumstances with the approval of the US Attorney General. The investigation's findings have sparked discussions about the role of Congress in addressing presidential wrongdoing and the potential for impeachment proceedings.
| Characteristics | Values |
|---|---|
| Can Mueller charge the president by law? | No, Mueller cannot charge the president by law. |
| Reason | Charging a sitting president would violate the constitutional separation of powers. |
| Department of Justice policy | A sitting president cannot be indicted. |
| Mueller's opinion | It would be unfair to potentially accuse someone of a crime when there can be no court resolution of the actual charge. |
| Congress' authority | Congress can decide whether the president obstructed justice and has the authority to take action. |
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What You'll Learn
The US Justice Department's long-held policy
The US Justice Department has a long-held policy that a sitting president cannot be indicted. This policy was reaffirmed in a 2000 memo, which stated that a sitting president is “constitutionally immune" from indictment and criminal prosecution. The memo concluded that criminal charges against a president would "violate the constitutional separation of powers" between the executive, legislative, and judicial branches of the US government. This memo, along with an earlier one from 1973, is considered binding on Justice Department employees, including Special Counsel Robert Mueller.
However, some legal experts have argued that Mueller could potentially deviate from this policy in "extraordinary circumstances" with the approval of the US Attorney General. This exception could be invoked if Mueller uncovered serious wrongdoing and lacked confidence in Congress' ability to hold the president accountable. Additionally, some lawyers have argued that Mueller is not bound by the memos because he is not a typical employee of the Justice Department.
In his investigation, Mueller laid out evidence of possible obstruction of justice by the president but did not bring forward a charge. He noted that the Justice Department's policy prohibited him from filing a charge and that any potential wrongdoing by a president must be addressed through a "process other than the criminal justice system." Mueller's report explicitly stated that it “does not exonerate" the president, indicating that there was evidence of obstruction of justice but that the president could not be indicted while in office.
While Mueller did not indict the president, his investigation and report had significant implications. The report detailed multiple episodes of potential obstruction of justice and raised questions about the president's conduct. It was left to Congress to decide whether to take further action, with the authority to do so through the impeachment process. This situation highlighted the complexities and challenges of addressing potential wrongdoing by a sitting president within the US political and legal system.
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Mueller's inability to pursue criminal charges
Special Counsel Robert Mueller's two-year investigation into President Trump and his campaign's alleged collusion with Russia during the 2016 election did not result in any criminal charges against the President. Mueller himself stated that charging the President with a crime was "not an option we could consider". This inability to pursue criminal charges against a sitting President stems from longstanding Justice Department policy and constitutional considerations.
The Justice Department's Office of Legal Counsel (OLC) has opined that a sitting President cannot be indicted and criminally prosecuted. This policy, reaffirmed in 2000, is based on the principle of constitutional immunity and the separation of powers. Charging a sitting President with a crime, according to the memo, would "undermine the capacity of the executive branch to perform its constitutionally assigned functions". While some lawyers have argued that the nation's founders could have included a specific provision shielding the President from prosecution, the absence of clear constitutional guidance has left room for interpretation.
In the case of President Trump, Mueller's report detailed multiple episodes of potential obstruction of justice and did not exonerate him. However, Mueller and his team refrained from filing charges, citing the OLC opinion and concerns about impacting Trump's governing and a potential impeachment process. Mueller recognised that any potential wrongdoing by a sitting President must be addressed through a "process other than the criminal justice system", leaving the decision to Congress.
While some legal experts suggested Mueller could have deviated from department policy in "extraordinary circumstances", he chose not to pursue this route. Ultimately, the decision not to charge President Trump with a crime rested on the interpretation of existing policies and guidelines, as well as the evidence gathered during the investigation.
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Congress' authority to take action
Special Counsel Robert Mueller stated that charging the president, Donald Trump, with a crime was "not an option we could consider". In his first public comments on his two-year investigation, Mueller laid out evidence of possible obstruction of justice by the president. However, he noted that the DOJ guidance permitted the investigation of a sitting president.
Mueller's inability to pursue criminal charges against the president places the onus on Congress to address any wrongdoing. Congress has the authority to respond to crimes, lies, and other misconduct by the president. While the president has broad enforcement authority under the Faithful Execution Clause, also known as the Take Care Clause, there are limits to their power.
Congress plays a crucial role in checking presidential power. According to Article II, Section 3, the president must provide information on the "state of the union" and recommend measures to Congress. The president can convene both Houses of Congress on "extraordinary occasions" and has the power to adjourn them. Additionally, the president receives ambassadors and commissions officers of the United States.
However, Congress has the authority to vest the appointment of inferior officers in the president. They can also provide for the case of removal, death, resignation, or inability of the president, declaring which officer shall act as president until a resolution is reached.
Furthermore, Congress has the power to impeach the president, vice president, and civil officers for treason, bribery, or other high crimes and misdemeanors. This serves as a check on the president's power and ensures accountability for their actions.
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The possibility of invoking an exception
The U.S. Constitution explains that a president can be impeached and removed from office for "high crimes and misdemeanors" by Congress. However, the Constitution does not address whether a sitting president can face criminal prosecution. The Justice Department's long-standing policy, outlined in memos from 1973 and 2000, maintains that a sitting president is ""constitutionally immune" from indictment and prosecution. This is based on the principle of preserving the constitutional separation of powers.
Despite this, some legal experts have suggested that Special Counsel Robert Mueller could potentially invoke an exception to this policy. The Justice Department regulations governing Mueller's appointment do allow for deviation from department policy in "extraordinary circumstances" with the approval of the U.S. Attorney General. This exception could be invoked if Mueller uncovered serious presidential wrongdoing and lacked confidence in Congress's ability to hold the president accountable.
However, Mueller himself stated that charging a sitting president with a crime was "not an option we could consider". He further explained that "it would be unfair to potentially accuse somebody of a crime when there can be no court resolution of the actual charge". Mueller's report did not conclude that the president committed a crime, but it also did not exonerate him on obstruction of justice. Instead, it asserted that Congress has the authority to take further action and make a decision on the matter.
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The impeachment process
Special Counsel Robert Mueller stated that charging the president with a crime was "not an option [they] could consider". Mueller's office laid out evidence of possible obstruction of justice by the president, but did not bring forward an obstruction charge.
Impeachment proceedings may be requested by a member of the House of Representatives, or by non-members. The process typically consists of three steps: an impeachment inquiry, impeachment by the House of Representatives, and a trial by the United States Senate.
Firstly, the House investigates through an impeachment inquiry. Secondly, the House must pass articles of impeachment, which constitute the formal allegation(s), by a simple majority vote. Upon passage, the defendant has been "impeached". Thirdly, the Senate tries the accused, sitting as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers", act as prosecutors before the Senate.
The Senate requires a two-thirds vote to convict, and the penalty for an impeached official upon conviction is removal from office. The impeached official may also be disqualified from holding public office in the future. There is no appeal, and the president cannot grant a pardon to impeached and convicted persons.
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Frequently asked questions
No, Mueller cannot charge the president by law. The Justice Department has a decades-old policy that a sitting president cannot be indicted.
The Justice Department policy states that criminal charges against a sitting president would violate the constitutional separation of powers.
Yes, Mueller's investigation found evidence of public and private actions by the president that were capable of exerting undue influence over law enforcement investigations.
Congress has the authority to take action against the president. In the case of President Trump, Congress can decide whether he obstructed justice and take appropriate measures.
Yes, there is no debate that a former president can be indicted for conduct that occurred during their term.
