Now that the snowballing evidence of quid pro quo has become so rock solid that even Trump's most die-hard stalwarts feel political pressure to concede it, a question begs to be answered: Why hasn't the Department of Justice opened a formal criminal inquiry into Trump's conduct?
have found the phrase"anything of value" to include intangible or hard-to-quantify benefits in bribery cases, while none has ruled otherwise.
Gerson, on the other hand, disfavors the involvement of a special prosecutor. He is more trusting of both Barr and his department—even though he disagrees with the department's interpretation of the campaign-finance law in this case and, prior to that, took issue with Barr's characterization of the Mueller report."I believe in the institution and the quality of the career people who are in it," he says.
If Gerson is wrong, though, the department's inaction to date could only mean one of two other things. Perhaps the department has decided that the pending impeachment inquiry is sufficient to flesh out the facts and mete out a punishment. Certainly an impeachment inquiry is appropriate. Bribery is an explicitgrounds for impeachment , as Eliason points out.
The last possibility is more concerning still. Maybe the Justice Department has quietly decided that a sitting President is, as his personal lawyersin state court in Manhattan, not merely immune from prosecution during his term—which many legal scholars have long assumed—but immune even from all criminal investigation. That audacious contention has been widely criticized as radically at odds with the nation's history and constitutional consensus.
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