Special Counsel Robert Mueller has assured President Trump’s legal team that he will follow DOJ guidance holding that a sitting president cannot be indicted, according to Trump lawyer Rudy Giuliani.
The special counsel apparently is relying on guidance from nearly two decades ago, when the Clinton administration reviewed 1973 guidance that “the indictment and criminal prosecution of a sitting President would unduly interfere” with executive branch duties.
But then-Assistant Attorney General Randolph D. Moss, with the Office of Legal Counsel, determined in his October 2000 memo: “Our view remains that a sitting President is constitutionally immune from indictment and criminal prosecution.”
The New York Times last summer unearthed a 1998 memo from Ken Starr’s independent counsel investigation that determined a sitting president could be indicted.
Moss Memo by Fox News on Scribd