Smith's federal criminal cases against Trump were upended by the election, as the Justice Department's longstanding policy is that sitting presidents can't be charged with crimes.
Legal memoranda are not just an interoffice note. They are policy interpretations and internally-governing documents. The memorandum is from the Office of Legal Counsel which is an independent subdepartment — neither Garland or the President himself can overturn the policy.
Legal memoranda are not just an interoffice note. They are policy interpretations and internally-governing documents. The memorandum is from the Office of Legal Counsel which is an independent subdepartment — neither Garland or the President himself can overturn the policy.
I was under the impression the OLC interprets things heavily in favor of the President (the position not a particular person) pretty consistently.
Thanks for the clarification. I’m glad that presidents can’t just overturn Justice Department policy when they want.
Wish we had a remind me bot so I can check this comment in 4 years and see if that’s still the case.
It won’t be. Because: fuck everything