Giuliani: Robert Mueller's Team Can't Indict Trump

May 16, 2018May 16, 2018

Special Council Robert Mueller's team has informed President Trump's attorneys that they cannot indict a sitting president, according to CNN.

According to Rudy Guliani, one of Trump's lawyers, "All they get to do is write a report. They can't indict. At least they acknowledged that to us after some battling, they acknowledged that to us." 

CNN writes that this conclusion is most likely based on a longstanding Justice Department guidelines, rather than the validity of any sort of evidence compiled by Mueller's legal team. A lack of indictment doesn't necessarily mean that President Trump is completely clear. Mueller can still issue referrals or recommendations to the House of Representatives. 

The inability to indict a sitting president has been the position of the Office of Legal Counsel in the Justice Department since the Nixon administration. 

According to John Roberts of Fox News, Rudy Guliani claims that Robert Mueller conveys this information to Trump's legal team two weeks ago, adding that he plans to abide by the DOJ guidelines that a president cannot be indicted. 

Guliani claims that Mueller has no choice but to honor this precedent.

"The Justice Department memos going back to before Nixon say that you cannot indict a sitting president, you have to impeach him. Now there was a little time in which there was some dispute about that, but they acknowledged to us orally that they understand that they can't violate the Justice Department rules," Giuliani said, according to CNN.

"We think it's bigger than that. We think it's a constitutional rule, but I don't think you're ever going to confront that because nobody's ever going to indict a sitting president. So, what does that leave them with? That leaves them with writing a report," said Giuliani.

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