Last night, Rachel Maddow published a special report on her show. Between the two clips available, there are over 35 minutes of video coverage. Most of what she revealed is brand new to me, and I found it way to fascinating not to pass it on. The history of the DOJ policy not to indict a sitting President, or as applies today, Resident, is particularly relevant.
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In a special report Thursday Night, MSNBC’s Rachel Maddow dove deep into the Justice Department history and the origins of the policy that says sitting presidents can’t be indicted.
As part of her research for her podcast “Bag Man,” she and her team found that the department’s policy was first conceived of in response to the crimes of Vice President Spiro Agnew. Because of President Richard Nixon’s Watergate crisis, Attorney General Elliot Richardson was fearful of a situation in which Agnew might ascend to the presidency even while an investigation into his corruption ramped up. So Richardson sought an opinion from legal counsel about whether a vice president could be indicted.
Maddow reported that the conclusion of this work, that a vice president could be indicted but a president could not be, was specifically designed in mind for dealing with the Agnew situation. It rested on “shaky” grounds, citing no constitutional provisions, simply saying that the burden of the president’s office required that the commander in chief not face indictment. Maddow also interviewed J.T. Smith, who worked in the Justice Department when that reasoning was crafted who said: “Its purpose was to allow indictment and removal of Agnew and not to serve as the ‘last word’ on indictability of the president.”
He added: “It would be timely and appropriate for the Justice Department and Robert Mueller to reconsider the shaky policy regarding indictability of a sitting president first formulated 45 years ago.”… [emphasis added]
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Here are the clips:
Fmr VP Spiro Agnew Sought Saudi Millions To Fight ‘Zionists’: Document (20 min.)
DOJ Policy On Indicting A President Has Weak Basis In 1973 Memo (15 min.)
So the DOJ policy about indicting a sitting Resident is based on an incidental aside, not an intent to formulate policy. It was never meant to serve as the last word on indicting a Resident.
Therefore, out of deference to Richardson, we should indict Pence first. Then we should indict Trump!






