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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

SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom and state legislative leaders have reached an agreement on a bill to temporarily protect people from evictions. Newsom announced the agreement on Friday. The bill would ban evictions for tenants who have not been able to pay their rent because of the coronavirus between the months of March and August. Tenants would have to sign a document saying they have a financial hardship because of the virus. The protections would continue beyond August if tenants can pay at least 25% of their cumulatively owed rent between Sept. 1 and Jan. 31. Evictions could resume on Feb. 1. 635

SACRAMENTO, Calif. (AP) — California has already moved to automatically expunge the records of those convicted of qualifying marijuana crimes. Now, Democratic lawmakers and advocates want to erase the records of those who have served their time for other crimes.The lawmakers and dozens of supporters rallied in sweltering heat Tuesday supporting two Assembly-approved bills that would automatically expunge arrest and conviction records for an estimated 1 million residents who are already entitled under existing law because they have completed their sentences and supervision."Right now, if you serve your time you still can't get housing, you still can't get work, you still get treated like a criminal," said San Francisco Assemblyman Phil Ting, who authored one of the bills.His bill would require the state attorney general to catalog qualifying arrest and conviction records of lower-level felonies and misdemeanors so they can be cleared. That's similar to a law that took effect Jan. 1 requiring the attorney general to identify by July 1 those who are eligible to have their records scrubbed because California legalized recreational marijuana in 2016 and made the reduction in legal penalties retroactive.Supporters of Ting's bill and a related bill by Oakland Assemblyman Rob Bonta said the current expungement system is too cumbersome and too few take advantage even if they qualify. They count more than 4,800 California legal restrictions on those with convictions."Every right should be restored," said state Sen. Nancy Skinner of Berkeley. "Once you've done your time, that's enough."Jay Jordan, executive director of the nonprofit Californians for Safety and Justice that organized the rally, said he served eight years in prison for a robbery he committed at age 18, and still bears the consequences 15 years later."I can't sell real estate, can't sell used cars, can't sell insurance, can never adopt, I can't coach my son's Little League team, can't join the PTA, can't chaperone him on field trips," he said. "It just harms people. It doesn't make economic sense, doesn't make public safety sense."A state association of law enforcement records supervisors opposes the bill, saying it would be costly and burdensome when people can already petition to have their records expunged. Legislative analysts said the bills could cost tens of millions of dollars, though Jordan said that would be offset by the economic benefits of letting more former felons get jobs.The bills awaiting consideration in the state Senate would "unnecessarily put the burden on records management personnel, who are short staffed and without sufficient resources, to move arrest dispositions to an automated system, a very labor intensive and cost-prohibitive task," objected the California Law Enforcement Association of Records Supervisors, Inc. The group fears it would also create a legal liability for agencies that inadvertently miss a qualifying record.The lawmakers propose to use technology that can search for qualifying records, which Ting said can greatly reduce the time and cost. 3099

SACRAMENTO, Calif. (AP) — Parents of Californians murdered by people now on death row shared gruesome details of their loved ones' killings Thursday as they launched a statewide tour to urge Gov. Gavin Newsom to reverse his moratorium on executions."He was like a thief in the night that stole justice from us," said Phyllis Loya, whose son Larry Lasater Jr. was killed on duty as a police officer.Newsom last month issued a reprieve to the more than 700 people sitting on California's death row, meaning none will be executed as long as he is in office. He also ordered the state to withdraw its lethal injection regulations and dismantled the "death chamber" at San Quentin State Prison.California's death row is the nation's largest, but the state has not executed anyone since 2006. Voters in 2016 approved a ballot measure to speed up executions, and district attorneys and the families of victims' accused Newsom of defying the voters' will.RELATED: California seeks death penalty in 'Golden State Killer' caseTodd Spitzer, Orange County's district attorney, said the "Victims of Murder Justice" tour will travel to all 80 Assembly and 40 Senate districts. He did not announce new legal actions aimed at stopping Newsom's moratorium. But Spitzer requested that Newsom review each case individually to make clemency decisions rather than issuing a blanket reprieve. He also said the tour is designed to pressure lawmakers; a proposal has been introduced to again put a measure to permanently stop the death penalty on the 2020 ballot.Families criticized Newsom for saying he couldn't sleep at night knowing an innocent person might be killed, saying they could not sleep because they had seen their children's bodies defiled and, in one case, sewn back together."A real leader would say let me listen to this case by case," said Steve Herr, whose son Sam Herr was murdered in 2010 by Daniel Wozniak, who shot Herr in the head, made it look as if he raped a female victim and dismembered him. Herr said Newsom will never know what it was like to see the murder scene and, later, his son's body sewn back together so it could be buried in one piece.Jeri Oliver, whose son Danny Oliver was killed while on duty as a Sacramento sheriff's deputy, had perhaps the harshest words for Newsom. Luis Bracamontes was convicted last year for Oliver's murder and said during the trial he wished he had killed more cops. Oliver said Newsom owed her a one-on-one meeting to discuss the case."You turned the knife again in my heart," Oliver said. "I dare you to meet with me and I can give you some facts that you don't want to hear. I challenge you Gov. Newsom — come meet with me."When announcing his moratorium, Newsom said he met with several victims' families who offered different opinions on the death penalty."To the victims all I can say is we owe you, and we need to do more and do better," he said at the time. "But we cannot advance the death penalty in effort to try to soften the blow of what happened."National Crime Victims' Rights Week began Monday, and several attendees said Newsom should have spent it meeting with crime victims in California rather than traveling to El Salvador. Newsom spent three days in the Central American country to learn about the poverty and violence driving migrants to come to the United States.Newsom's office did not immediately offer comment on Thursday's news conference. 3420

RIDGECREST, Calif. (AP) — Officials in Southern California expressed relief Saturday that damage and injuries weren't worse after the largest earthquake the region has seen in nearly 20 years, while voicing concerns about the possibility of major aftershocks in the days and even months to come.No fatalities or major injuries were reported after Friday night's 7.1-magnitude earthquake, which jolted an area from Sacramento to Mexico and prompted the evacuation of the Navy's largest single landholding, Naval Air Weapons Station China Lake in the Mojave Desert.The quake struck at 8:19 p.m. Friday and was centered 11 miles (18 kilometers) from Ridgecrest, the same area of the desert where a 6.4-magnitude temblor hit just a day earlier. It left behind cracked and burning buildings, broken roads, obstructed railroad tracks and leaking water and gas lines.RELATED: PHOTOS: 7.1M earthquake hits SoCalAfter the Ridgecrest EQ: Taking a closer look at San Diego's fault lines The light damage was largely due to the remoteness of the area where the tremblor occurred. Only 28,000 people live in the Ridgecrest area, which is sandwiched between more populated areas of Southern California and Las Vegas' Clark County. But seismologists warned that the area could see up to 30,000 aftershocks over the next six months.April Hamlin said she was "already on edge" when the second quake rattled her Ridgecrest home. She and her three kids initially thought it was another aftershock."But it just kept on intensifying," she said. "The TV went over, hanging by the cord. We heard it break. We heard glass breakage in the other rooms, but all we could do was stay where we were until it stopped."With the possibility of aftershocks and temperatures forecast to reach 100 degrees (38 Celsius) over the next several days, officials were taking precautions.RELATED:6.4-magnitude earthquake rattles July 4th for Southern California, San DiegansSan Diegan near epicenter during quakeThe California National Guard was sending 200 troops, logistical support and aircraft, said Maj. Gen. David Baldwin. The Pentagon had been notified, and the entire California Military Department was put on alert, he said.Naval Air Weapons Station China Lake said in a Facebook post that nonessential workers were evacuated and operations halted. The epicenters of both quakes were on the base, and officials said they are continuing to asses damage. Officials said most employees live off the base, but they authorized the evacuation so those who live on base can be eligible for reimbursements.The California Office of Emergency Services brought in cots, water and meals and set up cooling centers in the region, Director Mark Ghilarducci said.RELATED:Why didn't San Diego get an alert after July 4's earthquake? It isn't readyYour homeowner's or renter's insurance won't help much after an earthquake. Here's whyState highway officials shut down a 30-mile (48-kilometer) section of State Route 178 between Ridgecrest and the town of Trona southwest of Death Valley, due to a rockslide and severe cracking. The move left Trona temporarily cut off. California Department of Transportation spokeswoman Christine Knadler said crews worked through the night to patch the roadway, but it remained rough and uneven.Ron Mikulaco, 51, and his nephew, 23-year-old Brad Fernandez, stood on 178 on Saturday looking at the cracks. The pair drove from Huntington Beach, some 170 miles (274 kilometers) southwest of Ridgecrest. Mikulaco, an amateur geologist, wanted to show his nephew "the power of Mother Nature," and they had the epicenter's latitude and longitude coordinates ready."We put that in the GPS and we'll get as close as we can," Fernandez said.RELATED:Video: 7.1M earthquake shuts down Disneyland ridesSouthern California is rumbling with about one aftershock every minuteIn Ridgecrest, local fire and police officials said they were initially swamped by calls for medical and ambulance service. But police Chief Jed McLaughlin said there was "nothing but minor injuries such as cuts and bruises, by the grace of God."Two building fires — one involving a mobile home — were quickly doused, McLaughlin said, and natural gas lines where leaks were reported were shut off.In Trona, a town of about 2,000 people considered the gateway to Death Valley, fire officials said up to 50 structures were damaged. San Bernardino County Supervisor Robert Lovingood said FEMA delivered a tractor-trailer full of bottled water because of damage to water lines. Gov. Gavin Newsom declared a state of emergency for the county.RELATED:Reminder, San Diego: Be earthquake ready with a plan, disaster kitRidgecrest's earthquakes didn't happen along the San Andres faultJulia Doss, who maintains the Trona Neighborhood Watch page on Facebook, said the only food store in town is a Family Dollar store that was shuttered Saturday."The only way to get food is to drive to Ridgecrest, and with only three gas stations in town I'm worried we may soon run out of fuel," Doss said.Antoun Abdullatif, 59, owns liquor stores and other businesses in Ridgecrest and Trona."I would say 70% of my inventory is on the floor, broken," he said. "Every time you sweep and you put stuff in the dust bin, you're putting 0 in the trash."But he has stopped cleaning up, believing another earthquake is on the way.Lucy Jones, a seismologist at the California Institute of Technology and a former science adviser at the U.S. Geological Survey, said the new quake probably ruptured along about 25 miles (40 kilometers) of fault line and was part of a continuing sequence. The seismic activity is unlikely to affect fault lines outside of the area, Jones said, noting that the gigantic San Andreas Fault is far away.Egill Hauksson, another Caltech seismologist, said later in the day that scientists believe the continuing sequence could produce more than 30,000 quakes of magnitude 1 or greater over six months. He said the probability of a magnitude 7 over the next week is about 3%, but one or two magnitude 6 quakes are expected. 6071