Saturday, March 23, 2019

All Eyes on SDNY

We, the proletariat, may never get more than the barest glimpse of the Mueller report. What we know now, barely 24 hours after the report’s submission, that no “new” charges are recommended, will undoubtedly be augmented some when Congress gets a “summary” but that’s Trump’s Attorney General’s summary. Wanna bet that isn’t going to be a wholly accurate summary? And isn’t it beside the point at this point? House Speaker Pelosi has already stated that she will not advance an impeachment motion.

One reads today, one has read for awhile, prominently from the prominent mouth of Chris Christie, that what IllegiTrump has most to fear is prosecution by the United States Attorney Office in Manhattan, formally the Southern District of New York.

That must be true since Christie is a former U.S. Attorney, the New York Times would not make so fundamental a mistake as this but I do not see how that can be true. The Constitution says pretty plainly that the remedy for presidential criminal behavior is impeachment. The Constitution on this point has been construed to mean that a sitting president cannot be charged criminally in the federal courts, and that has been the policy of the Justice Department for about twenty years. SDNY is a federal prosecutor’s office ergo what the fuck does Trump have to fear from SDNY? I don’t get it. If Christie, the Times, the Learneds mean that Trump can be charged after he leaves office, that is the driest of humps.

All of that Constitution stuff does NOT absolutely preclude a sitting president from being charged in the State criminal courts and that was precisely why the Learneds were so excited when Mueller involved the State of New York Attorney General’s Office in the investigation. However, the undersigned unlearned is clear in his mind (which isn’t saying much, he allows!) that “principles of federalism,” the doctrine of the “superior sovereign,” maybe other such things that he is unlearned about, would preclude criminal prosecution of a sitting president by the inferior sovereign when the superior ain’t allowed to do it. I mean are you kidding me, he couldn’t be charged with Treason in the federal courts but could be charged with, I don’t know, Rape, by some local D.A.? I don’t think so.

However it may be in the State courts, I utterly fail to see what Trump has to fear from SDNY. Somebody will explain it to me I trust.