Trump Unindicted Co-Conspirator: A prediction on what Mueller's going to do.

[DonaldsRump]

Hi All:

Just a thought, and I'm sure this has been raised on DU before and in the press. My thought is that Mueller is going to have the grand jury name Trump as an unindicted co-conspirator and then have them transmit the evidence to the House Judiciary Committee to make a call on impeachment. This will then tie the two organizations (House and SCO) together in a baton handoff as to who goes after Trump.

This is what Special Prosecutor Leon Jaworski did in 1974 to Nixon, so that's what I'm basing my hunch on. When the Watergate grand jury was considering indictments of Bob Haldeman, John Ehrlichman, John Mitchell etc, it also took a straw poll among the jurors as to Nixon, and many of the jurors raised both hands when asked would they indict Nixon.

Jaworski was practical enough to see the enormous problems of a criminal trial involving the President, which could really scuttle the trial. Instead, by providing all the evidence he obtained in a non-accusatory but organized way, he could let the House Judiciary Commiittee, which was considering articles of impeachment against Nixon, know exactly what he knew, which was devastating to Nixon's case. Jaworski also made sure this was the grand jury's report, and not his own.

If Nixon were impeached and convicted, he would be removed as President. A criminal trial on an indictment when he was no longer President would be far easier. So it's a pragmatic view based on knowing the massive powers of the Presidency to follow the Jaworski approach. When Spiro Agnew tried to say a Vice-President couldn't be indicted either, that view was shot down. There is no comparison in the powers that the Vice-President has vis-a-vis the President.

This is based on nothing but a hunch, but i think getting the current grand juries to name Trump as an unindicted co-conspirator is where Mueller is going.

Just my 2 cents worth.

[Chin music]

1. It's a good hunch.

Your guess is as good as anyone elses at this point.

[Vinca]

2. I wish Mueller would proceed with an indictment and get this issue decided once and for all.

The man who created the initial "rule" back in the 1970's never thought of it as a rock solid edict. It needs to be challenged in court. No one is above the law.

[zipplewrath]

3. Title problems

Jaworski was a "Special Prosecutor". Mueller is "Special Counsel". The statute under which Jaworski was empowered was different (and has long expired thanks to Starr). Not sure Mueller has the power to do what you are describing.

[FBaggins]

6. Correct. Also missing is "unindicted co-conspirator" to which indictment?

There has to be an indictment first before someone can be named as an unindicted co-conspirator in that crime.

There have been a number of indictments and guilty pleas, but most were intended as leverage to get people to talk. Few were related to something Trump could have been part of.

[DonaldsRump]

8. An indictment is returned/issued by the Grand Jury, not Mueller

It's the grand jury that can do this, not the SCO.

Yes, it begs the question as to what indictment. I'm assuming there is something indictable to which Trump would be a co-conspirator but that Mueller, like Jaworski, would advise the grand jury against indicting. What this is can relate to any of the several investigations that Mueller, SDNY or others are investigating. I am very much assuming where there is smoke, there is fire.

We might not know about this for months. When the Watergate grand jury indicted Haldeman et al on March 1, 1974, it also named Nixon as an unindicted co-conspirator, and that was kept sealed until the summer 1974 which gave time for the House Judiciary Committee to review the full body of evidence against Nixon and "all the President's men."

Mueller himself will not indict a sitting president, it's the grand jury. But my point is that I think the grand jury will go the House of Representatives transmittal route.

This is further speculation! Take it for what it's worth.

[ScratchCat]

4. Maybe,

But what if Rod Rosenstein already approved indictments? Sessions was recused, it would have been his call.

Further - feel free to disagree - but I firmly believe if Bob Muller shows concrete evidence of Donald Trump engaged in felonies - other than lying - Barr will approve indictments. Barr is an institution man, not a Trump man.

Its clear from what we already know that they intend to indict or at least name Trump as a conspirator in crimes.

[dem4decades]

5. Isn't it Barr's decision what his to Congress?

[WhiteTara]

7. I hope it all happens sooner than

later. The world can't go on with the anti-christ in power.