Presidential hopeful Elizabeth Warren wants to change Justice Department policy that bars it from indicting sitting presidents to ensure “no President is above the law.”
The Massachusetts senator unveiled legislation Friday that would clarify Congress’ intent that the Justice Department can indict a president, and vowed she would appoint an assistant attorney general who would reverse the Office of Legal Counsel opinion arguing a president can’t be indicted.
“If Donald Trump were anyone other than the President of the United States, he would be in handcuffs and indicted,” Warren said in a Medium post Friday.
“No matter what he may think, Donald Trump is not a King,” Warren said. “No President is. And our democracy only works if everyone can be held accountable.”
Warren’s proposal was released days after special counsel Robert Mueller said charging President Trump with a crime was “not an option we could consider,” citing Justice Department policy. However, Mueller also said his office would have said Trump was cleared if they were confident Trump didn’t commit a crime.
“Mueller’s statement made clear what those of use who have read his report already knew: He’s referring Donald Trump for impeachment, and it’s up to Congress to act,” Warren said.
“But impeachment isn’t supposed to be the only way that a President can be held accountable for committing a crime,” she said. “Congress should make it clear that Presidents can be indicted for criminal activity, including obstruction of justice. And when I’m President, I’ll appoint Justice Department officials who will reverse flawed policies so no President is shielded from criminal accountability.”
Warren took a shot at Attorney General William Barr and accused him of providing misleading information in his four-page summary to Congress about Mueller’s findings. Mueller later wrote a letter saying that Barr’s summary didn’t fully “capture the context, nature, and substance” of the investigation.
Warren also said that if she were elected president, she would appoint an attorney general that would respect the rule of law.
Mueller’s report determined there was not sufficient evidence that the Trump campaign illegally colluded with the Kremlin during the 2016 election. He also investigated approximately 10 instances of obstruction of justice but did not make a final determination on the matter.
Barr said there is insufficient evidence to prove an obstruction crime, but Democrats including Warren, Sen. Cory Booker of New Jersey, and Sen. Kirsten Gillibrand of New York have urged for impeachment proceedings to begin.
