Giuliani: Mueller Team Acknowledged Prosecutors ‘Can’t Indict’ President

Van Tine Dennis/Sipa USA

Trump lawyer Rudy Giuliani said Wednesday that Special Counsel Robert Mueller’s team had acknowledged that his probe will not conclude with Trump’s indictment, but rather with a report to Congress on Trump’s potential crimes.

“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.”

That echoed comments, noted by CNN, from Deputy Attorney General Rod Rosenstein earlier this month.

“The Department of Justice has in the past, when the issue arose, has opined that a sitting President cannot be indicted,” Rosenstein said, noting he was speaking generally. “There’s been a lot of speculation in the media about this, I just don’t have anything more to say about it.”

“The Justice Department memos going back to before Nixon say that you cannot indict a sitting president, you have to impeach him,” Giuliani added to CNN. “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 that while Trump’s team believed the indictment of a President to be unconstitutional, “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,” he told CNN.

Faced with a potential report on Trump’s crimes, Giuliani appeared to say, the House of Representatives would then vote on whether or not to impeach the President.

This post has been updated. 

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