My memo to DOJ on OLC

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Office of Legal Counsel

Your message to the Department of Justice

In light of 

• the OLC memo on indictment of a sitting President's origins in justifying the indictment of Agnew, 
• the dicta in Trump v. Mazars regarding the lack of weight of the memo as law,
• its use to not indict then President Trump for fully developed obstruction of justice charges and 
• the desire of Trump to hold office through insurrection and regain office through election as a shield against prosecution,

please reconsider and revoke this policy. It is not interference in the election to take away the incentive for a candidate to regain power in order to obstruct justice.

Any magistrate could have easily had their clerk email the presidential security detail to change Trump's protective custody to criminal custody. Indeed, this could happen at anytime now. Because of the existing memo, the narrative has been that Trump could not be arrested or indicted while in office. This narrative is Trump's motivation to seek office. Repealing the memo will defeat that motivation and lead defendant Trump to seek a plea deal with Special Counsel Smith. Not repealing the memo would have the force of providing a president to act in the manner Trump did in January 6, 2021.

Had that memo not existed, there would not have been an insurrection. Trump's Ukrainian misdeeds would likely have not been investigated anyway due to a reticence to not criminalize foreign policy (which is no shield to Trump given Hamdi). The Insurrection and campaign are to obstruct justice, not because of Trump's mental condition or character flaws (which are the meme that even the January 6 Committee and managers of both impeachments fell victim to - and the media still advances).

In Washington, repeating a lie 3 times makes it true. It is time for OLC to defeat this meme by overturning the previous memo for the reasons set out here.