President Donald Trump’s new lead attorney, Rudy Giuliani, told CNN that the special counsel’s team has acknowledged they can’t indict a sitting president.
Giuliani cited longstanding Justice Department policy that has held since the Nixon administration that sitting presidents cannot be indicted.
“All they get to do is write a report,” Giuliani told CNN. “They can’t indict.”
The special counsel Robert Mueller’s team has told President Donald Trump’s lawyers that they believe they can’t indict a sitting president, Trump’s new lead attorney Rudy Giuliani told CNN on Wednesday.
“All they get to do is write a report,” Giuliani told CNN. “They can’t indict. At least they acknowledged that to us after some battling, they acknowledged that to us.”
Giuliani cited longstanding Justice Department policy that has been in place since the Nixon administration, which stipulates that sitting presidents cannot be indicted as it would hinder the executive branch from “accomplishing its constitutional functions” in a way that cannot “be justified by an overriding need.”
But Giuliani added that the issue was “bigger” than mere Justice Department precedent.
“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,” Giuliani said. “So, what does that leave them with? That leaves them with writing a report.”
Mueller’s team declined to comment to CNN, but Giuliani is not the only one to make that argument in recent days. The deputy attorney general, Rod Rosenstein, also recently weighed in on the matter earlier in May, telling an audience at the Freedom Forum Institute that longstanding Justice Department precedent has held that sitting presidents cannot be indicted.
“The Department of Justice has in the past, when the issue arose, has opined that a sitting president cannot be indicted,” Rosenstein said. “There’s been a lot of speculation in …read more
Source:: Business Insider