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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 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
ROSARITO, Baja Calif. (KGTV) - Mexican officials have rearrested two suspects who may be connected to the disappearance of Los Angeles firefighter Frank Aguilar who went missing in Mexico in August.Suspects Santos "N" and Fanny "N" were briefly released from a Baja jail overnight Sunday, according to media partner Televisa which confirmed the update with Mexican authorities.On Monday, ABC10 News interviewed Aguilar’s daughters, 17-year-old Bella and 23-year-old Amaris. “We were extremely devastated last night. It was probably the most hopeless we felt during this entire experience,” said Amaris.They told ABC10 News that their own sources have made significant discoveries about the suspects. They said the female suspect may have been dating their father. Officials have only said that it may have been a kidnapping setup and that the suspects were found in possession of Aguilar’s bank cards which had been used across Baja.“We don't know what happened for sure but after he went missing, between the seven weeks, they have been using his credit cards, his phone and there were blood traces [from] my dad in the location of the investigation,” said Bella.ABC10 News reported last Friday that the two suspects were arrested on Thursday but Aguilar still hasn't been found.Televisa has now learned from Mexican officials that on Sunday a judge allowed for their release but the state investigation agency got another arrest warrant at dawn and the two were apprehended.In September, ABC10 News reported that the 48-year-old's family learned that he may have been violently kidnapped from his second home in a guard-gated community in Rosarito.There were reports that his condo may have been ransacked, his vehicles were missing and Ring video showed a troubling scene.The two suspects reportedly have a new hearing scheduled for Monday night.“These people could be let out on bail and we have no other way of finding information until [they remain] incarcerated so this is our most desperate plea in our most desperate time of need,” added Bella.The San Diego FBI Office told ABC10 News on Monday that their agents are still assisting Mexican authorities with the investigation. 2193
ROCHESTER HILLS, Michigan — A Michigan man is accused of trying to kill a teen after the boy allegedly knocked on his door for directions.Jeff Zeigler, 53, a former Detroit firefighter, is charged with assault with intent to murder over the incident.Lee Kolozsvary, a long-time friend of Zeigler's says he's blown away by the allegations and thinks he was just trying to scare away the teen at the door.During a hearing on Friday, Zeigler said the public isn't hearing the whole store.Brennan Walker, 14, got lost on his way to school without a phone after missing the bus."I guess I put my hand up, I don't really remember, and I started to run," Walker said. "I looked back behind me and I saw him aiming at me and I turned back. I turned back and I heard the gunshot."Walker's family said the thought he was trying to break in. It was all caught on security video.Kolozsvary says he doesn't think Zeigler had any intent to kill."The Jeff Zeigler I know, he's a good guy," Kolozsvary said. "I know what kind of family man he is and I don't think he had any malice whatsoever toward that young man except for the protection of his home." 1156
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