If Michael Cohen provided federal prosecutors with enough evidence that Donald Trump committed a crime, can the president be indicted?
There is some debate about whether or not a sitting president can be indicted, but former FBI agent Asha Rangappa makes the case in The Washington Post that Mueller should indict Trump because it will guarantee the details in the FBI report will become public.
“If, at the end of his inquiry, Mueller believes that he has gathered enough evidence that would warrant charging Trump with one or more crimes, he can provide that evidence in his final report to the attorney general, along with a recommendation that the president be indicted. The attorney general could approve that recommendation, in which case such an indictment would become public (with its constitutionality litigated in court). But the attorney general could just as legitimately deny the requests based on the internal 1973 policy that suggests an indictment is ‘inappropriate and unwarranted under established Departmental practices.’
“But this action would automatically trigger the reporting requirement to Congress.”
The former FBI agent goes on to explain that recommending an indictment to the attorney general may be the only way the report goes to Congress, and that if the special counsel decides not to indict Trump, there is no other mechanism in place to make the information in his report available for public consumption.
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