×

Hundreds of Former Federal Prosecutors Say Trump Would Be Indicted Were He Not President

WASHINGTON — Nearly 400 former federal prosecutors have signed on to a statement concluding that President Trump would be facing obstruction of justice charges were he not in the White House.

The Justice Department’s Office of Legal Counsel has a policy against the indictment of a sitting president, but the prosecutors conclude that Special Counsel Robert Mueller’s report on the Russia investigation provides ample evidence to bring charges that Trump obstructed justice.

“Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice,” the prosecutors said in the statement.

The group Protect Democracy organized the statement in the wake of the release of a redacted version of the Mueller report. The view of the prosecutors conflicts with that of Attorney General William Barr, who, along with Deputy Attorney General Rod Rosenstein, concluded that the evidence gathered was not enough to bring charges.

Instead, the prosecutors conclude that there was “overwhelming” evidence of corrupt intent and connection to a pending investigation, two elements needed to bring obstruction charges. They cited instances outlined in Mueller’s report, including Trump’s efforts to fire Mueller and then “to falsify evidence about that effort.” They also point to efforts to limit the investigation, and to try to influence the extent of cooperation that Trump’s former attorney Michael Cohen and former campaign chairman Paul Manafort provided to Mueller’s team.

“Despite being advised by then-White House Counsel Don McGahn that he could face legal jeopardy for doing so, Trump directed McGahn on multiple occasions to fire Mueller or to gin up false conflicts of interest as a pretext for getting rid of the Special Counsel,” the prosecutors wrote.

They added their view was not a matter of “close professional judgment.”

“Of course, there are potential defenses or arguments that could be raised in response to an indictment of the nature we describe here,” they wrote. “In our system, every accused person is presumed innocent and it is always the government’s burden to prove its case beyond a reasonable doubt. But, to look at these facts and say that a prosecutor could not probably sustain a conviction for obstruction of justice  —  the standard set out in Principles of Federal Prosecution  —  runs counter to logic and our experience.”

The statement was first reported by the Washington Post.

The prosecutors do not say how Congress should consider the Mueller report, or if they should pursue impeachment. House Democrats are calling for Mueller to testify, but no date has been set.

Trump, meanwhile, is opposed to Mueller’s testimony and insisted that he has been cleared.

He wrote in a tweet on Sunday, “After spending more than $35,000,000 over a two year period, interviewing 500 people, using 18 Trump Hating Angry Democrats & 49 FBI Agents – all culminating in a more than 400 page Report showing NO COLLUSION – why would the Democrats in Congress now need Robert Mueller…….

“Are they looking for a redo because they hated seeing the strong NO COLLUSION conclusion? There was no crime, except on the other side (incredibly not covered in the Report), and NO OBSTRUCTION. Bob Mueller should not testify. No redos for the Dems!”

Popular on Variety

More Politics

  • Pod Save America Hosts on Trump

    'Pod Save America' Hosts on Trump, the Democratic Primary and What's Wrong With Cable News

    Like many Democrats, Tanya Somanader was blindsided by the 2016 presidential election. A veteran of the Obama White House and a former speechwriter and digital specialist for House Speaker Nancy Pelosi, Somanader was gearing up for a Hillary Clinton administration. Instead, she had to grapple with the reality of a Donald Trump presidency. “A lot [...]

  • Sean Spicer Dancing With the Stars

    Sean Spicer Hopes 'Dancing With the Stars' Gig Will 'Move the Country Forward'

    In the face of a swift backlash, former White House press secretary Sean Spicer said he hoped his role as a contestant on ABC’s “Dancing With the Stars” can help “move the country forward in a positive way.” Spicer told CNN on Thursday that his “DWTS” posting was about entertainment, not politics. ABC revealed Spicer [...]

  • Brazil's President Jair Bolsonaro attends a

    Bolsonaro LGBTQI Outburst, Subsidy Freeze, Stirs Outrage

    Ramping up the drive into censorship in Brazil, its Minister of Citizenship, Omar Terra, has suspended a call for applications for governmental TV funding – until new criteria are established for its application. The country’s secretary for culture, Henrique Pires, who reports to Terra, has resigned in protest of the incentive freeze. The suspension, for [...]

  • Cardi BSwisher Sweets Spark Award, Arrivals,

    Cardi B Talks Police Brutality, Student Debt With Bernie Sanders in Nail Salon

    Rapper Cardi B hosted Senator Bernie Sanders for a video interview at The TEN nail bar in Detroit, an appropriate venue for a musician known to sport some serious claws. Cardi and the 2020 presidential candidate discussed everything from reinstating and expanding the DACA program to fixing student debt by placing a “modest” speculation tax [...]

  • Jeffrey Epstein

    Jeffrey Epstein Autopsy Reportedly Finds Broken Bones in Neck

    Jeffrey Epstein’s autopsy results suggest that the the disgraced multimillionaire sustained multiple breaks in his neck bones, according to The Washington Post. The report says one of the bones broken was the hyoid bone, which is near the Adam’s apple in men. Although hyoid breaks have been known to occur during a hanging, experts told [...]

  • Asap Rocky1 Oak : Gotha Takeover

    A$AP Rocky: A Swedish Take on the Case That Riveted the Country

    With everyone from President Donald Trump to the Rev. Al Sharpton weighing in on rapper A$AP Rocky’s detention in Stockholm after his involvement in a street brawl there, this peculiar saga seemed tailor-made for summer’s silly season. But in Sweden it has also sparked debate about some serious issues – such as the nature of [...]

  • United States Attorney for the Southern

    Jeffrey Epstein Autopsy Results 'Pending Further Information' Following Examination

    Jeffrey Epstein’s autopsy results are “pending further information,” according to a statement from the New York City Medical Examiner’s office. “Today, a medical examiner performed the autopsy of Jeffrey Epstein. The ME’s determination is pending further information at this time,” chief medical examiner Dr. Barbara Sampson said in the statement. Sampson also confirmed the presence [...]

More From Our Brands

Access exclusive content