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Politics : Formerly About Advanced Micro Devices
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To: Bill who wrote (1131482)4/24/2019 3:10:30 PM
From: Wharf Rat  Read Replies (2) of 1579703
 
Defendants normally have a chance to clear their name in a trial

Mueller then notes that defendants have a constitutional right to clear their name of criminal accusations through a speedy trial. By contrast, if prosecutors were allowed to impugn their reputations without charging them with crimes, it would be unfair.

“The ordinary means for an individual to respond to an accusation is through a speedy and public trial, with all the procedural protections that surround a criminal case,” he wrote. “A prosecutor’s judgement that crimes were committed, but that no charges will be brought, affords no such adversarial opportunity for public name-clearing before an impartial adjudicator.”

It would be unfair to say Trump committed a crime without offering him a chance to clear his name

Because Mueller’s team can’t indict Trump, it also can’t give him the opportunity for a speedy trial to clear his name, Mueller reasoned. He decided that his team would therefore not make an announcement that Trump had committed a crime — such as obstructing justice — despite the facts it uncover.

Even a ‘secret indictment’ could still leakMueller also ruled out another option, which would be to obtain a sealed indictment against presidents that would not become public until after they leave office would not work because they could be leaked.

“‘It would be very difficult to preserve [an indictment’s secrecy,’ and if an indictment became public, ‘[t]he stigma and opprobrium’ could imperil the President’s ability to govern,'” he wrote, quoting the Office of Legal Counsel memo.

time.com
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