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OpEdNews Op Eds    H1'ed 6/30/18

Can a Felony-Charged POTUS Appoint a Supreme Court Justice?

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Can a US President charged with a felony appoint a Supreme Court Justice? Could a case be made that the charged president would need to wait until the finalization of the court proceedings before being free to make an appointment?

We might be about to find out.

From City & State NY:

A lawsuit against the Trump Foundation filed by New York Attorney General Barbara Underwood has forged a path to felony criminal charges and civil charges against the president and his family, charity law experts said.

Based on a review of the attorney general's state court petition, the petition could open the door for prosecutors to pursue cases on the federal, state and local level.

A potential federal criminal case against the president "appears to be extraordinarily strong," said Marcus Owens, who led the Internal Revenue Service charities enforcement division for 10 years.

What the lawsuit alleges, including filing inaccurate federal tax returns and using charity funds for personal or business purposes, could be the basis of felony theft or fraud charges if prosecutors could show criminal intent.

While several of Trump's children are named in the lawsuit -- including Donald Trump Jr., Ivanka Trump and Eric Trump -- Owens said the strongest case would be against the president himself. "They even include photographic images of some of the documents signed by Donald Trump. It's hard to put that into anything other than a negative light," Owens said.

If federal prosecutors chose to pursue a case arising from this evidence, the next step would likely require both the Internal Revenue Service and the U.S. Justice Department working together on an investigation and potentially a referral to Justice Department prosecutors.

But Owens said he does not know if the federal officials would prosecute the president the way he has seen them prosecute others for similar crimes. "I've seen the government in action," he said. "Now, the question is whether the government will have the backbone to take on the president."

Continued here.

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Meryl Ann Butler is an artist, author, educator and OpedNews Managing Editor who has been actively engaged in utilizing the arts as stepping-stones toward joy-filled wellbeing since she was a hippie. She began writing for OpEdNews in Feb, 2004. She became a Senior Editor in August 2012 and Managing Editor in January, (more...)

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