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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

Russell Crowe is sharing mementos from his marriage -- for a price.The actor hosted a divorce-themed auction in Sydney on Saturday, which also happens to be his birthday and wedding anniversary.As part of the auction by Sotheby's Australia, Crowe parted with an eclectic mix of items and movie souvenirs collected during his nine-year marriage to Danielle Spencer. The couple called it quits in 2012.Items on sale included his leather jockstrap and midnight blue satin boxers, along with art, watches, diamond rings and a Mercedes Benz. The jockstrap sold for ,000, according to Sotheby's Australia.The auction, aptly titled "The Art of Divorce," featured a poster of a tuxedo-clad Crowe, holding a cocktail glass in a toast. It was streamed live on Facebook.Hundreds of items up for grabs had descriptions of their role in the Academy-winning actor's personal or movie life."One of Russell Crowe's personal cars, this vehicle also served as one of the wedding cars on the day of his marriage to Danielle Spencer on 7 April 2003," a note next to the Mercedes says.The movie paraphernalia included a replica Roman chariot from the "Gladiator" and a leather sketchbook used by Crowe's character in "3:10 to Yuma." Crowe donned the boxers and the jockstrap in the 2005 film, "Cinderella Man."Items on sale were not limited to movie or wedding mementos. They also included Rolex watches, landscape art, ice skates, cricket jerseys, motorcycles?and a whole lot more.Crowe tweeted that the auction raked in .7 million in five hours."A bunch of stuff I didn't really want to sell coming home ... not a bad hourly rate for a 5-hour shift," he tweeted.Crowe and Spencer have two children. 1701

SACRAMENTO, Calif. (AP) — California has recorded a half-million coronavirus cases in the last two weeks, overwhelming hospitals in urban centers and rural areas. Gov. Gavin Newsom says a projection model shows California could have 100,000 hospitalizations in the next month. Mobile field hospitals are being set up outside facilities to supplement available bed space. At least three are being set up in the Los Angeles and Orange County area, which hit 0% ICU bed availability last week. Other "alternative care" facilities, as the governor refers to them, have been set up near Sacramento and along the Mexican border about 50 miles east of San Diego.“The ICU is at 105% capacity,” Orange County Supervisor Doug Chaffee said of St. Jude. “They’re using every available bed. The emergency department has an overflow ... All the Orange County hospitals are in the same situation. It is dire, so they’ll soon be erecting a tent in the parking lot, probably for triage. I think what we’re seeing is not a surge, but a tsunami.”The governor says he’s likely to extend his stay-at-home order for much of the state. He acknowledged the orders for the Southern California and San Joaquin Valley regions will probably be extended. The orders remain in place for three weeks, and are triggered when a region's available ICU bed capacity dips below 15%. Both of those regions, which combined cover 23 of 58 counties and the lower half of the state, have an ICU bed availability level of 0% according to the California Department of Public Health. The San Francisco Bay area has an ICU bed availability of 13.7%, it's at 16.2% in the Sacramento region and 28.7% in Northern California. 1686

SACRAMENTO, Calif. (AP) — Faced with a crippling housing shortage that is driving prices up while putting more people on the streets, California's governor and legislative leaders agreed Thursday on a plan to reward local governments that make it easier to build more housing faster and punish those that don't.The proposed law, which still needs approval by both houses of the Legislature, would let state officials reward "pro-housing" jurisdictions with more grant money for housing and transportation.It also calls for the state to sue local governments that do not comply, possibly bringing court-imposed fines of up to 0,000 a month.The agreement removes one of the final barriers to Newsom signing the state's 4.8 billion operating budget. Lawmakers passed the budget earlier this month, and Newsom has until midnight Thursday to sign it. He has delayed his signature while negotiating the housing package with state lawmakers.The housing plan does not define what local governments must do to be declared "pro-housing," other than passing ordinances involving actions to be determined later.In a joint statement, Gov. Gavin Newsom, Assembly Speaker Anthony Rendon and Senate President Pro Tempore Toni Atkins — all Democrats — said the agreement "creates strong incentives — both sticks and carrots — to help spur housing production across this state."RELATED: Newsom proposes plan to withhold gas tax funds from cities that don't meet housing requirementsCalifornia's population is closing in on 40 million people and requires about 180,000 new homes each year to meet demand. But the state has averaged just 80,000 new homes in each of the past 10 years, according to a report from the California Department of Housing and Community Development.Home ownership rates are the lowest since the 1940s while an estimate 3 million households pay more than 30% of their annual income toward rent.State officials often blame local zoning laws for slowing the pace of construction.In January, Newsom proposed withholding state transportation dollars from local governments that do not take steps to increase housing. Local governments pushed back hard, resulting in Thursday's compromise.The court fines could be difficult to collect. A court would have to rule local officials are out of compliance. And once that happens, jurisdictions would have a year to comply before they would have to pay a fine.If they refuse, the state controller could intercept state funding to make the payment. In some cases, the court could appoint an agent to make a local government comply. That would include the ability to approve, deny or modify housing permits."This bill puts teeth into existing state laws, to ensure cities and counties actually follow those laws," said state Sen. Scott Wiener, a Democrat from San Francisco who is chairman of the Senate Housing Committee. "At the same time, we need to be clear that California's existing housing laws, even with better and more effective enforcement, are inadequate to solve our state's massive housing shortage."Lawmakers have already agreed on most major items in the state budget. They voted to expand taxpayer-funded health insurance to adults younger than 26 who are living in the country illegally.They also agreed to tax people who refuse to purchase private health insurance and use the money to help families of four who earn as much as 0,000 a year to pay their monthly health insurance premiums.Lawmakers have not yet voted on details of a plan to spend 0 million from the state's cap and trade program to help improve drinking water for about a million people. 3635

SACRAMENTO, Calif. (AP) — A California appeals court has denied the latest parole bid by Charles Manson follower Leslie Van Houten.Two of the three appellate judges on Friday upheld former Gov. Jerry Brown's decision to block her parole last year. She is serving a life sentence for helping Manson and others kill Los Angeles grocer Leno LaBianca and his wife, Rosemary, in August 1969.Current Gov. Gavin Newsom again denied her parole in June, saying she is still a threat at age 70.The appellate judges said that Brown's reasoning for denying Van Houten's parole is supported by some evidence. He said she has not taken full responsibility for her actions and remains dangerous.Van Houten's attorney, Rich Pfeiffer, said he'll appeal the decision to the state Supreme Court. 784

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