Trump attorney Rudy Giuliani told CNN that he was informed by Special Counsel Robert Mueller’s team that they had come to the conclusion that they cannot indict a sitting president according to Justice Department guidelines in place since the Nixon administration and reaffirmed in the Clinton era.
“All they get to do is write a report,” Giuliani told the cable news network. “They can’t indict. At least they acknowledged that to us after some battling, they acknowledged that to us.”
While the news may be disappointing to the majority of Americans anxious to restore truth, honor, and decency to the Oval Office, the announcement does not mean that Trump is free to relax quite yet.
Mueller’s report could include recommendations to Congress to begin constitutionally sanctioned methods to remove the president from office on account of the misdeeds unearthed during the course of the inquiry, i.e., impeachment.
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The announcement, on which the Special Counsel’s office declined to comment, settles one outstanding question surrounding Mueller’s probe, which is whether the Special Counsel would try to challenge the legal position taken by the Justice Department’s Office of Legal Counsel regarding the indictability of a sitting president if he were to find sufficient evidence of criminality.
Mueller’s supervisor at the Justice Department, Assistant Attorney General Rod Rosenstein, foreshadowed the decision earlier this month at a Freedom Forum Institute event earlier this month when he said:
“I’m not going to answer this in the context of any current matters, so you shouldn’t draw any inference about it, but the Department of Justice has in the past, when the issue arose, has opined that a sitting President cannot be indicted. There’s been a lot of speculation in the media about this, I just don’t have anything more to say about it,” Rosenstein said.
Giuliani contributed his own opinions to the media debate, albeit opinions that carry the weight of an official legal representative to Trump, saying that the Special Counsel’s team merely decided that “they have to follow the Justice Department rules.”
“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,” said Giuliani.
“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,” Giuliani said.
The biggest consequence of this revelation is that Trump’s fate will sit squarely upon the House of Representatives which has the power to impeach the president and send his case to the Senate for trial.
While this is an unlikely occurrence given the current Republican control of both houses of Congress, it makes the upcoming midterm elections where the balance of power can shift control of either or both chambers to a Democratic majority all the more crucial.
If you want Trump to be held accountable for his actions, your only alternative is to vote to oust the Republicans in the midterms and make sure that everyone you know does the same. Our nation is counting on you.
Follow Vinnie Longobardo on Twitter.