Analysis: Potential Trump Indictment Moves Closer To Finish Line With McGahn’s Testimony

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Former White House counsel Don McGahn will testify for the first time about what he saw in the Trump White House with regard to the Russia investigation, MSNBC’s Rachel Maddow noted on Thursday, increasing the potential for an indictment against former President Donald Trump.

“The Mueller investigation outlined in detail more than 10 instances in which President Trump arguably committed felony obstruction of justice while he was in the White House,” Maddow said. “Most of those incidents were described basically through the eyes of Don McGahn.”

As Trump’s White House counsel, McGahn “gave multiple interviews over dozens of hours to Mueller’s prosecutors,” she noted. In turn, those prosecutors determined it was not their call as to whether McGahn’s testimony should be used to seek a criminal indictment of Trump.

“They said they couldn’t make that decision, that they couldn’t bring an indictment against Trump, because there was a Justice Department policy against indicting any sitting president.”

“But they also said explicitly,” she continued, “that that same Justice Department policy, quote, ‘also recognizes that a President does not have immunity after he leaves office.’”

Trump is out of office and there is no Justice Department policy protecting him from indictment now, Maddow observed. 

“The statute of limitations has not run on the conduct that was described in the Mueller report. And the evidence against him, in terms of these multiple serious allegations of obstruction of justice, that evidence was in the Mueller report,” she continued, also noting that a federal judge recently ruled that “the Justice Department at the time never looked substantively at that evidence while Trump was president.”

And while the Justice Department under Trump “never made a substantive determination as to whether or not criminal charges against Trump were warranted,” Maddow said, “the Justice Department is now free to make that determination if they want to.”

Further, a deal was finally reached this week to hear testimony from the main witness against Trump for the obstruction of justice allegations.

“Seems like a big deal,” Maddow concluded.

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Image credit: Screengrab / Face the Nation / YouTube

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