Stormy Daniels' lawyer, Michael Avenatti, is asking federal prosecutors to seek an indictment against President Donald Trump if there is enough evidence to allow the Supreme Court to finally resolve the issue of whether it is constitutional.
The Department of Justice's current guidelines argue that a president can not be charged while in office, but Avenatti, who fought Trump over Daniels' attempt to obtain relief from a nondisclosure agreement over his alleged romance, wants to submit the matter to a judicial test.
He argues in a new opinion piece from the New York Times and Special Advisor Robert Mueller or other prosecutors should seek accusations before the jury before the jury if he deserved it.
Stormy Daniels' lawyer, Michael Avenatti, is asking federal prosecutors to seek a formal indictment against President Trump if warranted, which would establish constitutional proof of whether or not it is allowed.
So, if Trump wants to fight a formal accusation, the matter would work up to the Supreme Court for the matter to be resolved.
"The fact that Mr. Trump is a sitting president should not derail a process that applies to all Americans, regardless of their stature or position." He would still have the post-prosecution assistance available to all citizens, including the ability to challenge the constitutionality of the accusation, "Avenatti wrote.
He made reference to the Paula Jones case, where President Bill Clinton was forced to submit to a deposition in a civil case on conduct before taking office.
The guidelines of the Department of Justice establish that a president in office can not be accused of alleged crimes before taking office
Avenatti represents the porn star Stormy Daniels, but wrote an opinion piece where he discussed the contours of the Russian probe
Avenatti argued that Trump Supreme Court nominee Brett Kavanaugh should be forced to withdraw from the case if he is able to hear him.
& # 39; Whenever there is sufficient evidence to support an accusation against President Trump – and there are many indications that there is – special counsel, Robert Mueller, who is investigating possible Russian interference in the 2016 elections, and prosecutors the United States Attorney's Office for the Southern District of New York, which is investigating payments to my client, Stormy Daniels, and Karen McDougal, should present their evidence to the grand jury, "argued Avenatti.
"Those jurors, citizens of our communities, should determine if the evidence supports an accusation against Mr. Trump," he said.
The opinion piece appeared hours after Avenatti confronted Fox News anchor, Tucker Carlson, in a controversial interview. After breaking into the cable television screens with his Daniels representation, Avenatti began to explore a presidential campaign.
"Some also argue that accusing the president would critically damage his ability to run the country, but this is a White House that is already shrouded in chaos and daily distractions, and if the House starts a political trial, it's hard to see how that process would distract less than a criminal accusation, "wrote Avenatti.
In case the case reaches the higher court, Avenatti argued that Trump's Supreme Court nominee, Brett Kavanaugh, should stand aside.
The recusal of Judge Kavanaugh must be mandatory. The point of view of the American public on the impartiality of the rule of law and the Supreme Court hangs in the balance, "he said, noting that Kavanaugh in his confirmation hearings refused to commit to withdrawing from the case.
Avenatti wrote that the president's state should not isolate him.
"On the other hand, if the facts and evidence are adequate for the prosecution, prosecutors should be blind to the position of the official, especially in this case because, unlike the case of President Clinton, the investigations are related to the victory of Mr. Ultimately, the question would almost certainly be decided by a panel of judges previously confirmed in accordance with the Constitution, either in the courts of appeal or, more appropriately, in the Supreme Court, "he argued.