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Opinion: Lawyers mobilize for an all-out battle over America's election

August 12, 2020. Summarized by summa-bot.

Elie Honig writes that months before Election Day, around the country we are seeing court cases about whether or not millions of people will be able to vote safely by mail as the Coronavirus crisis rages on. These cases ultimately could determine the outcome of the 2020 race for the White House, and Republicans and Democrats alike recognize the stakes and are braced for war.

But even now, months before Election Day, around the country we are seeing court cases about whether or not millions of people will be able to vote safely by mail as the coronavirus crisis rages on.

At the federal level, longstanding Justice Department policy counsels against indicting a sitting president.

But that is merely the Justice Department's own internal policy; we do not know conclusively whether a federal criminal charge would stand because there is no specific statute on the matter, and the courts never have considered such a case.

A state-level prosecutor would not be bound by the federal Justice Department's policy, so there is no administrative obstacle to a state-level criminal indictment of a sitting president.

Sean (Maryland): Has William Barr violated Justice Department policy or the law by commenting publicly about the ongoing investigation by US Attorney John Durham of the origins of the Russia investigation?

Barr's public comments about the Durham investigation do not violate any law, but they flagrantly violate longstanding Justice Department policy.

The Justice Manual -- which sets forth policy for the entire Justice Department, from the attorney general down through line-level prosecutors -- explicitly prohibits public comment on "the existence of an ongoing investigation or . . .

Will we see legal challenges to the spate of executive orders issued by Trump relating to Coronavirus relief?Will the Court of Appeals reinstate the case against Michael Flynn and send it back to the district court for resolution?How will the district court rule on the ongoing dispute over the Manhattan District Attorney's subpoena to Trump's financial adviser, Mazars USA?

by summa-bot

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