Is a Trump indictment possible? Mueller and the DOJ can and should re-evaluate the Office of Legal Counsel’s memo
Let’s set aside for the moment the question of whether Trump is truly consumed by the task of governing and concentrate on that second point. The memo contemplates impeachment as the only lawful vehicle to dislodge a president who has committed “high crimes and misdemeanors.” However, it’s becoming increasingly clear that, regardless of how much incriminating evidence comes to light regarding Trump’s conduct, Republican senators will do nothing to hold him accountable for fear that they will alienate Trump’s base and risk losing their own future elections.
If party affiliation has become the sole motivating factor for decisions regarding impeachment proceedings, then the very premise of the OLC memo fails. In other words, if Republican representatives refuse to impeach and/or Republican senators refuse to remove/convict a criminal president due to unshakable party loyalty, then the OLC memo is de facto ensuring that the president is above the law.
If party affiliation has become the sole motivating factor for decisions regarding impeachment proceedings, then the very premise of the OLC memo fails.
Then there is the issue of ensuring lawful elections. The OLC memo contemplates a president who was elected freely and fairly. And yet evidence is mounting that Trump committed felonious campaign finance violations during the 2016 campaign, crimes that may have provided an unfair advantage. Recent reporting, coupled with documents released by special counsel Robert Mueller’s team, make clear that Trump conspired with others (Michael Cohen, David Pecker, Allen Weisselberg), to pay hush money to suppress politically damaging information. Moreover, we may soon learn that the Trump campaign conspired with Russia to defraud the United States by seeking or accepting Russia’s assistance to unfairly tilt the playing field toward Trump and away from Hillary Clinton.