Theory & Practice

Our democracy says "no man is above the law."

In practice, it doesn't always seem to work out that way.
(Watch what happens to all in the college admissions scandal.)

Case in point: President Trump.

Since his inauguration I have counted at least a half dozen cases, little known laws, where he is, including declassifying security documents;  accepting certain gifts, etc--some things maybe small, some rather large and important.

Now comes the Mueller report.

It has become increasingly apparent that Mueller (and his team) really feel Mr. Trump DID obstruct justice---in the dozen or so verified instances they cite.  ( Over 500 current and former US prosecutors, of both parties, also think so, as they indicated in a letter to Congress.)  So why no recommendation to indict him?

Because of a long standing Justice Department policy (not a law, just a memo within the DOJ) that you can't indict a sitting president. This has never been taken to the courts to decide (as it properly should have been long before now.) Mr. Mueller has been portrayed as a strict believer in the rule of law. What a great opportunity to get a court decision on this VERY important point.

So, what is it:

A policy memo from some forgotten past DOJ lawyer

or

"No man is above the law."


I'm just sayin'...