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Rudy Giuliani's assertion to CNN this week that President Donald Trump can't be indicted by the special counsel, and thus can't face a subpoena, banks on a series of internal Justice Department policies.The question to this day is untested in the court system. Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.According to several legal experts, historical memos and court filings, this is how the Justice Department's decision-making on whether to indict a sitting president could play out:First, there must be suspicion or allegations of a crime. Did the President do something criminally wrong? If the answer is no, there would be no investigation.But if the answer is maybe, that puts federal investigators on the pursuit. If they find nothing, Justice Department guidelines say they'd still need to address their investigation in a report summarizing their findings.If there could be some meat to the allegations, the Justice Department would need to determine one of two things: Did the potentially criminal actions take place unrelated to or before to the presidency? Or was the President's executive branch power was crucial in the crime?That determination will come into play later, because Congress' power to impeach and remove a president from office was intended by the framers of the Constitution to remedy abuse of the office, legal scholars say.Perhaps, though, the special counsel decides there's enough evidence to prove that the President broke the law.That's where the Office of Legal Counsel opinions come in.In 1973 and 2000, the office, which defines Justice Department internal procedure, said an indictment of a sitting president would be too disruptive to the country. This opinion appears to be binding on the Justice Department's decision-making, though it's possible for Deputy Attorney General Rod Rosenstein to choose to override the opinion, give Mueller permission to ignore it and take it to court, or ask the office to reexamine the issue by writing a new opinion.This sort of legal briefing has been done before, like in the year after the 1973 opinion, when then-special prosecutor Leon Jaworski wrote a Watergate-era memo describing why the President should not be above the law.Of course, there's another immediate option if a special counsel finds the President did wrong. Prosecutors could use the "unindicted co-conspirator" approach. This would involve the special counsel's office indicting a group of conspirators, making clear the President was part of the conspiracy without bringing charges against him.At any time, in theory, a special counsel could decide to delay an indictment until the President leaves office -- so as not to interfere with the functioning of the executive branch. The other options would be to drop the case or send an impeachment referral to Congress. As evidenced by Mueller's actions previously in the investigations of Trump's personal attorney Michael Cohen and former campaign chairman Paul Manafort, any steps this special counsel takes will likely come with the full support of the acting attorney general on the matter, Rosenstein.The question of whether a President could be subpoenaed is a story for another day. 3303

RICHMOND, Va. — Crews have arrived to remove a statue of Confederate General J.E.B. Stuart from Richmond's Monument Avenue — an area of the city that contains several Confederate statues that Mayor Levar Stoney has promised to remove.The J.E.B. Stuart monument is one of about a dozen statues Stoney has ordered be removed from city property.Statues of Confederate General Stonewall Jackson and Confederate Naval Commander Matthew Fontaine Maury were removed from Monument Avenue last week and taken to an undisclosed location. A statue of Confederate President Jefferson Davis was toppled by protesters last month.A statue to Confederate General Robert E. Lee is located on state-owned property and could be removed once legal challenges to its removal make their way through court.The Stuart statue, erected in 1907, is the first monument Stoney promised would be removed following the holiday weekend.The mayor said it would cost .8 million to remove the statues. He said the money would come from the Department of Public Works and be reimbursed by a private fund.While city attorney Haskell Brown told Richmond City Council that Stoney did not have the power to remove statues, Stoney said he believed he is on sound legal ground to remove the statues using his emergency powers as the Emergency Management Director."That's in our Emergency Operations Plan. That is also the part of the governor's declaration of emergency that I'm the emergency manager," Stoney said. "And also, the City Council spoke to this in June 8, when they passed a resolution ordinance that gave me such powers."Stoney said over the course of the last several weeks, thousands have gathered in the city, and there have been more than 139 calls of service along the Monument Avenue corridor.The mayor said failing to remove the statues presented a severe, immediate and growing threat to public safety.Stoney said the removed statues would be placed in temporary storage while Richmond enters a 60-day administrative process during which the city will solicit public input while determining the fate of the statues.This story was originally published by Gabrielle Harmon and Scott Wise on WTVR in Richmond, Virginia. 2206

Russia's Foreign Ministry ordered the expulsion of 23 British diplomats from Russia on Saturday in a tit-for-tat response to Britain's decision to expel Russian envoys in connection with the poisoning of a former Russian double agent and his daughter on British soil.The ministry also declared it was closing the British Consulate General in St. Petersburg and the British Council in Russia, in a step beyond the measures taken by Britain. The British Council is a cultural institute with artistic, language and educational programs. 541

Richard Ojeda, the former congressional candidate who lost his 2018 bid as a Democrat in southern West Virginia, is running for president in 2020."I'm Richard Ojeda and I'm running for the President of the United States of America," he announced Monday at the Korean War Veterans Memorial in Washington, DC.Prior to his announcement, Ojeda filed with the Federal Election Commission to run for President and teased the run in an email to supporters on Sunday night.Ojeda's entry to the race is unexpected and highlights just how massive the Democratic field for President will be in 2020. Democratic operatives believe big-name candidates will announce presidential bids in early 2019, but fully expect candidates like Ojeda and others to explore a run starting in late 2018.Ojeda's unique candidacy -- he is a former Army paratrooper who ran on the Democratic ticket as a populist and Trump critic in Republican West Virginia -- markedly over-performed how Hillary Clinton did in the state in 2016. Trump won the state's 3rd Congressional District by 49 percentage points in 2016. Ojeda closed that gap, losing by 12 percentage points earlier this month.But getting through a Democratic primary could be difficult: Ojeda voted for Trump in 2016, something that may be beyond the pale for some Democrats.Ojeda has soured on Trump, though, and Trump called him "a total whacko" at campaign events in 2018.At his announcement on Monday, Ojeda said, "I think I relate to the people far more than what the President can ever relate to these people. The very people he comes down to West Virginia and stands in front of could never afford one single round of golf in some of his fancy country clubs. That's not where I stand."He continued, "I stand with the working-class citizens. I am a Democrat because I believe in what the Democratic Party is supposed to be: taking care of our working-class citizens."Although Ojeda handily lost to Republican Carol Miller, he told his supporters in an email on Sunday that his run taught him people across the country were feeling the same pain that he has seen in Appalachia."Everyday, hundreds of letters poured in from around the country where you shared your stories with me. You wrote about not being able to afford college, losing loved ones to drug addiction and struggling day-to-day to make ends meet," he writes. "This is an American problem and it has to change."Ojeda has long argued that the Democratic Party has lost its roots and become a party controlled by special interests and wealthy donors, and his presidential campaign will likely hinge on that message.He closes the email by inviting supporters to join him for a noon ET announcement.Ojeda got ahead of the announcement, however, by filing a presidential committee with the FEC and sitting down for an interview with The Intercept, where he announced his intention to run."We're going to have quite a few lifetime politicians that are going to throw their hat in the ring, but I guarantee you there's going to be a hell of a lot more of them than there are people like myself that is, a working-class person that basically can relate to the people on the ground, the people that are actually struggling," he told The Intercept. "I'm not trying to throw stones at people that are rich, but once again, we will have a field that will be full of millionaires and I'm sure a few billionaires." 3406

Rudy Giuliani said Sunday that special counsel Robert Mueller is aiming to finish the probe into potential wrongdoing by President Donald Trump by Sept. 1.Giuliani, Trump's attorney, confirmed to CNN that Mueller's office shared its timeline with him about a month ago.The former New York mayor said, however, that Mueller gave him the information within the context of a discussion about whether Trump would do an interview with the special counsel. Giuliani said the impression he got was that Mueller was saying if the President did do an interview, then the investigation into Trump's actions, including any potential obstruction of justice or possible collusion with Russia's interference in the 2016 election, could be wrapped up by that date. 762