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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) — A man charged with killing a rookie California police officer made his first brief court appearance Monday wearing a four-inch gauze pad covering what officials said was a self-inflicted injury.Adel Sambrano Ramos was appointed a public defender during a five-minute court hearing, and spoke only to acknowledge his name.Ramos, 45, faces a murder charge that could bring him the death penalty in Wednesday's slaying of 26-year-old Sacramento Officer Tara O'Sullivan. He's also charged with attempting to murder her training officer and with possessing two illegal assault-style rifles.He did not enter a plea.Assistant Chief Deputy District Attorney Rod Norgaard defended police from criticism that they took 45 minutes to rescue O'Sullivan with an armored vehicle because they were pinned down by rifle fire that could penetrate standard bulletproof vests."There was nothing that could have been done to save her life," he said after the hearing. "The nature of that injury is such that it could happen in an emergency room and she would not be save-able. So I find it very disheartening that people are criticizing the police response time to evacuate her. That has no merit whatsoever."He also took exception to questions of whether O'Sullivan was properly trained."Nothing in the training or lack thereof is the cause of this," he said. "There is an individual responsible for this, not law enforcement."Assistant Public Defender Diane Howard declined comment, as did Police Chief Daniel Hahn, who sat quietly in the back of the courtroom. Hahn was one of at least a dozen uniformed police officers and deputies watching as the hearing unfolded.Ramos was shackled at the hands, waist and ankles and surrounded by three deputies in the courtroom's holding cage. Two more stood just outside the cage.He was wearing a standard orange jail uniform during the hearing, though officials said that has been taken away from him at the jail after he tried to harm himself Sunday morning.Ramos suffered "some self-inflicted head wounds. He had smashed his head against a bed frame in his cell," Sacramento County Sheriff's Sgt. Tess Deterding said before the hearing.Jail employees immediately stopped him from further injury and took him to an outside hospital, she said. He was returned to the jail 12 hours later.He's now in a psychiatric wing of the jail "where we've taken even further precautions to make sure he doesn't hurt himself like that," Deterding said.He is under constant watch in what is called a safety cell, which has no bunk or other furnishings."Obviously we can't take away the walls and floor," she said, but "there's nothing inside the room. It's just basically four walls."He is provided a thin mattress and what is known as a suicide smock instead of regular jail garb: "It's tear-resistant, things like that, they can't turn it into a noose," she said. There are mental health employees in that unit in the event they are needed or requested by Ramos.Ramos also has had no contact with other inmates since he arrived.Memorial services for a O'Sullivan are set for Thursday at the Bayside Church's Adventure Campus in Roseville, California. She was fatally shot during a domestic violence call as she and other officers helped an unidentified woman pack her belongings from the garage of a North Sacramento home, authorities said.Authorities said Ramos was heavily armed with assault rifles, a shotgun and a handgun and fired dozens of times at officers during an hours-long standoff before surrendering. 3558

SACRAMENTO, Calif. (AP) — Prosecutors say California’s system for paying unemployment benefits is so dysfunctional that the state approved more than 0 million for at least 20,000 prisoners.On Tuesday, they detailed a scheme resulting in payouts in the names of well-known convicted murderers like Scott Peterson, who was sentenced to death after being found guilty of killing his pregnant wife. His death sentence has since been overturned and a court is reviewing his conviction.Sacramento County District Attorney Anne Marie Schubert said at least 158 claims were made for 133 death-row inmates, resulting in more than 0,000 in benefits paid.“It involves rapists and child molesters, human traffickers and other violent criminals in our state prisons,” said Schubert. “Hundreds of millions of dollars that may well amount to upwards to billion, having already been paid in their names.”Schubert said the scheme will be one of the biggest frauds of taxpayer dollars in California history.“And with this fraud means that victims that have been victimized by these inmates aren’t getting the restitution that they so deservedly have been owed,” said Schubert.So far, at least 22 people have been charged in San Mateo County, The Associated Press found. More charges could be forthcoming as several other investigations continue across the state.Prosecutors say the Employment Development Department has been overwhelmed by benefit claims since the pandemic began, and in its haste to approve them, didn't check unemployment claims against a list of prisoners.Gov. Gavin Newsom says he's already ordered the department to review its practices and act to prevent fraud.Watch Schubert and other prosecutors discuss the scheme below: 1745

SACRAMENTO, Calif. (AP) — Californians who lost their home insurance because of the threat of wildfires will be able to buy comprehensive policies next year through a state-mandated plan under an order issued Thursday by the state insurance commissioner.As wildfires threaten the state, insurance companies have been dropping many homeowners who live in fire-prone areas.Most of those people turn to the California Fair Access to Insurance Requirements Plan, an insurance pool mandated by state law that is required to issue policies to people who can’t buy them through no fault of their own.But FAIR Plan policies are limited, offering coverage for fires, explosions and limited smoke damage.California Insurance Commissioner Ricardo Lara on Thursday ordered the plan to begin selling comprehensive policies by June 1 to cover lots of other problems, including theft, water damage, falling objects and liability.Lara also ordered the plan to double homeowners’ coverage limits to million by April 1.“You have people that now are being sent to the FAIR Plan and they have no other alternative. They won’t even get a call back from an insurance company to offer them a quote,” Lara said.The FAIR Plan has been around since 1968. It is not funded by tax dollars. Instead, all property and casualty insurance companies doing business in California must contribute to the plan.Known as the “insurer of last resort,” the plan has been growing in recent years as wildfires have become bigger and more frequent because of climate change. FAIR Plan policies in fire-prone areas have grown an average of nearly 8% each year since 2016, according to the Department of Insurance.Likewise, since 2015 insurance companies have declined to renew nearly 350,000 policies in areas at high risk for wildfires. That data comes from the state, and it does not include information on how many people were able to find coverage elsewhere or at what price.The FAIR Plan is governed by a board of directors appointed by various government officials. Lara says he has the authority to reject its operating plan. On Thursday, he ordered it to submit a new plan within 30 days that includes an option for comprehensive policies and other changes.California FAIR Plan Association President Anneliese Jivan did not respond to an email seeking comment.It’s unknown how much the plan’s new policies will cost. But rates for FAIR Plan policies are supposed to break even. The insurance industry must cover any losses. And if the plan generates a profit, that money is given back to insurance companies.FAIR Plan policies have been limited because, in general, the insurance industry doesn’t want state-mandated plans to compete with private insurance plans. But Amy Bach, executive director of United Policyholders — a nonprofit advocating for consumers in the insurance industry — says her group is “hearing from panicked consumers daily.”“If (insurance companies) don’t like it, the solution really is to start doing their job and selling insurance again,” she said. “This is an untenable situation.” 3083

Retailers and logistics experts say, like everything else in 2020, this year's holiday shopping season will be like no other. You can expect delays, out of stock items and missed deadlines.David Bolotsky is the founder and CEO of the online retailer Uncommon Goods, which connects independent artists, designers and makers with customers. The Brooklyn-based company was at the epicenter of the pandemic and had to shut down for three months. Then, when everyone started shopping again, they did well.Now, they, and many other businesses, are encouraging people to get started on their shopping. No need to wait for Black Friday. In fact, they're warning people to start before Thanksgiving. Like now.“Demand has been strong and a friend of mine calls it ‘Shipaggedon,' concern about what’s going to happen in the transportation network,” says Bolotsky, who also says the supply chain will be limited. “What I think it means for shoppers is if you see something you want, I would buy it now; stick it under the tree.”Kirsten Newbold-Knipp, chief growth office at Convey, a technology company that helps retailers with on time deliveries said, “All the delivery trucks are out and they are busy, you may not have heard of it but there’s sort of a shortage going on right now. They’re having a capacity crunch, not enough drivers, not enough trucks not enough warehouses right now, because of all the things the pandemic has done. We’ve started shopping online more and more and no one anticipated it.”Logistics and shipping are her expertise.“We help them think about what are the trucks doing what are the packages doing what’s happening with on time delivery what kind of damage is happening so they can give consumers the best delivery experience- holidays or not,” Newbold-Knipp said.This year, holiday gifts will undergo a true supply and demand issue, magnified by a pandemic and already backfilled orders. Add in staffing made difficult by things like social distancing and we've got problems.“The other thing that consumers don’t think about is that the actual warehouse space to be able to fulfill orders is limited. They might not have the inventory so fulfillment times are delaying, the pick and pack piece is taking longer and the trucking piece is taking longer,” said Newbold-Knipp.She said consumers need to think ahead, have a backup plan, look for alternatives, use multiple retailers, shop locally, and sign up for text alerts."Only 5% are signing up for SMS alerts, but by regulation the retailer can’t spam you. They’re only allowed to send you a transactional note via text,” Newbold-Knipp said.She also said things that tend to sell out are the items that don't have much variation, such as televisions, toys and specific electronics.“If we see the kind of growth at Christmas that we’ve seen the last few months, we could be looking at 50% growth over last year in terms of online demand,” BolotskyHe recommends having Santa come early, and hide those items until the big day. 3006