Levin: DOJ memo from Clinton era stipulated that a sitting president cannot be indicted

by WorldTribune Staff, April 20, 2018

Deputy Attorney General Rod Rosenstein told President Donald Trump last week that he is not a target in the Michael Cohen investigation.

Mark Levin to President Donald Trump: ‘This special counsel doesn’t have the power to indict you, and for good reason.’

But, then again, the president never could be a target, according to Mark Levin, host of Fox News’s “Life, Liberty & Levin.”

During an April 19 appearance on Hannity, Levin pointed out that Trump “can’t be a criminal target under the memoranda that have been written” by the U.S. Department of Justice.

Levin cited two memoranda – one from the Nixon administration and one from the Clinton administration – which he said clearly state a sitting U.S. president cannot be indicted.

“Did they issue another memo over there at the Justice Department reversing these two memos during the Nixon administration and the Clinton administration? No!” Levin said.

An October 2000 memo from the Clinton Justice Department states:

“In 1973, the Department concluded that the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions. We have been asked to summarize and review the analysis provided in support of that conclusion, and to consider whether any subsequent developments in the law lead us today to reconsider and modify or disavow that determination. We believe that the conclusion reached by the Department in 1973 still represents the best interpretation of the Constitution.”

Levin added that DOJ regulations require a special counsel to follow the rules, regulations and policies of the department.

“Mr. President, don’t sit down with this special counsel. This special counsel doesn’t have the power to indict you, and for good reason,” Levin said. “So what are we doing?”


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