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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

Rolling Thunder, the annual event where hundreds of thousands of motorcyclists come to the nation's capitol to honor service members killed in action or taken as prisoners of war, will hold its last event in Washington next year.The last ride will be next Memorial Day weekend, on Sunday, May 26, 2019, a spokeswoman for the organizing group confirmed to CNN.Organizers said the costs of putting on the national ride have become prohibitive, with last year's event costing about 0,000 in various related expenses."It was a tough decision for us to make," spokeswoman Nancy Regg told CNN.Instead of the gathering at the nation's capital, there will be regional events organized by various chapters to honor those killed in action or who were prisoners of war, according to the group.Next year will mark the 32nd ride in Washington since the event was first held in 1988. Then-presidential candidate Donald Trump spoke at the gathering in 2016.The riders start at the Pentagon parking lot, ride over a bridge into DC, circle the National Mall and end by the Vietnam Veterans Memorial. 1103

SACRAMENTO, Calif. (AP) — California Democratic Party Chairman Eric Bauman was accused of inappropriate behavior on a campaign bus days before the Nov. 6 election, a Democratic official said Tuesday, a day after Bauman took a leave of absence.Bauman was among those aboard a bus during a statewide get-out-the-vote tour. Two young women on the bus reported alcohol was consumed and inappropriate sex talk occurred on Nov. 1, said David Campos, chairman of the San Francisco Democratic Party.The bus was scheduled to arrive in San Francisco the next day at an event with U.S. House Minority Leader Nancy Pelosi. Her campaign team learned of the incidents aboard the bus and told state party officials that Bauman and the bus should stay away, Campos said.It appeared Bauman engaged in the misbehavior and did not intervene to stop others from acting inappropriately, Campos said.RELATED: Top California Democrat on leave amid sex misconduct inquiry"We felt, and I felt, it was important for us, given we had serious credible allegations, not to have Chair Bauman attend this get-out-the-vote event in San Francisco," said Campos, who first shared details of the allegations with the Bay Area Reporter, a publication serving the LGBT community. Bauman is the party's first openly gay chairman.Allegations of misbehavior by Bauman first surfaced last week in a letter by party Vice Chairman Daraka Larimore-Hall. It appeared on social media and accused Bauman of sexual harassment and assault against unidentified accusers.On Saturday, Bauman acknowledged the party had started an investigation and on Monday he announced he was taking a leave of absence. He provided no details on the allegations. Campos said he doesn't know if Larimore-Hall's letter relates to the alleged incident on the bus or something else, but he said he was not aware of any allegations of sexual assault on the bus."We did not hear anything about possible sexual assault," he said.Larimore-Hall did not respond to multiple emails and a phone message from The Associated Press Tuesday. Jorge Aguilar, executive director of Pelosi's campaign, and Bauman did not immediately respond to emails seeking comment.In a statement Monday announcing Bauman's leave, party spokesman Mike Roth said "Bauman believes this decision is the best way to ensure the independence and integrity of the process. The Party is confident that the procedures in place will allow for all parties to come forward freely and provide for a thorough and complete review."Alex Gallardo-Rooker, another party vice chair, is serving as acting chairwoman during the investigation. 2627

RIVER ROUGE, Michigan —The mother of a 3-year-old boy who was shot in a drive-by in River Rouge, Michigan on Sunday said her home was set on fire early Monday morning.Police say 3-year-old Jamar Lee Quinn Jr. was shot around 2:45 a.m. local time on Sunday when a bullet came from behind the house where he resides.Jamar was hit in the head while sleeping and was taken to the hospital. He's listed in critical condition in the intensive care unit. Danielle said he is unresponsive and on a ventilator.This is not the first time the home has been hit by bullets. The front window was shattered by bullets earlier this month in another drive-by shooting. The incident is under investigation, and few details have been released. 768

SACRAMENTO, Calif. (AP) — Gov. Gavin Newsom vetoed a bill that would have made ethnic studies a California high school graduation requirement, citing controversy over the model curriculum.Assemblyman Jose Medina, a fellow Democrat, criticized the veto of his bill late Wednesday as a failure to push back against President Donald Trump.Newsom said he supports the ethnic studies concept, but cited ongoing discussions and revisions on what should be included in the classes.The bill would have required high schools to provide ethnic studies starting in the 2025-26 school year and would have made ethnic studies a high school graduation requirement starting in the 2029-30 school year. 694

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