Lawyer Reveals Trump Could Already Be Under Sealed Indictment - And Not Even Know It

Election '16

An attorney in Berkeley, California on Friday released a report suggesting Donald Trump is under sealed indictment—and doesn’t even know it.


According to RawStory, Alexander Stern compiled the report, which consisted of opinions from eight leading criminal law professors regarding special cousnel Robert Mueller's Russia investigation. Their conclusion: A sealed indictment would ameliorate concerns about a presidential indictment distracting Trump from his duties.

“The Department of Justice says prosecuting a sitting president can impermissibly distract him," Stern wrote. “However, indictments under seal, remove this fear.” 

Stern told Raw Story a sealed indictment would “[set] the process in motion formally” and “[empower] the courts to have authority” over Trump.

“Perhaps if Mr. Mueller is fired or otherwise leaves his post, the judicial branch will have jurisdiction and they are not beholden to Mr. Trump,” Stern explained.

“An early indictment by Mr. Mueller does not relinquish any power or ability to investigate,” Stern wrote. “It merely empowers a different branch (the judiciary) with jurisdiction over the defendant. If the indictment is sealed, Mr. Mueller could proceed with the investigation as if there were no indictment at all. In the event he wishes to add new charges, he can simply seek a ‘superseding indictment.’ This is basically a second indictment that takes the place of the first once new information is found and prosecutors wish to change the scope of the prosecution.”

Read the full analysis at Attorney IO.

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