Giuliani: Mueller Admits He Can't Indict Trump, All He Can Do Is 'Write a Report'


President Donald Trump’s lawyer Rudy Giuliani said on Wednesday that special counsel Robert Mueller’s team has informed him they understand that they cannot indict a sitting president.

“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.”

CNN added, “That conclusion is likely based on longstanding Justice Department guidelines. It is not about any assessment of the evidence Mueller’s team has compiled.”

The Department of Justice’s Office of Legal Counsel looked at the issue both during the Nixon and Clinton administrations and reached the same conclusion, which was recorded in official legal memos.

Giuliani told Fox News that Mueller will abide by those DOJ findings, and he really has no choice but to do so.

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Deputy Attorney General Rod Rosenstein addressed the matter at an event held earlier this month by the Freedom Forum Institute.

When asked specifically if a sitting president can be indicted, Rosenstein replied, “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,” he said. “There’s been a lot of speculation in the media about this, I just don’t have anything more to say about it.”

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Conservative commentator Mark Levin — who served as chief of staff for Attorney General Edwin Meese during the Reagan administration — stated earlier this month on Fox News that the DOJ’s conclusion when it addressed the issue in 1973 and 2000 was binding on Mueller.

“Grand juries and prosecutors cannot supplant Congress,” he said. “The only way to remove a sitting president is through the impeachment process, not through the indictment process.”

“This is not me, this is the Department of Justice speaking,” Levin told host Sean Hannity, while holding up a copy of one of the DOJ legal opinion memos. “Special prosecutors cannot supplant Congress.”

Levin said Trump’s legal team should use the memos to directly question Mueller as to why he thinks he can threaten to subpoena the president.

“I would say if I were the president’s lawyer to Mr. Mueller, ‘We want you to present us with an explanation of your defiance of the Department of Justice policy which you are required to follow as an employee of the Department of Justice.'”

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In an interview with Fox News’ Laura Ingraham that aired Wednesday night, Giuliani said his optimal timeline for the Mueller probe to end is “today.”

“I think they have the facts from which they can write their report,” he said. “If you’re going to write a fair report, fine. If you’re going to write an unfair report, write it, and we will combat it. We’re ready to rip it apart.”

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Randy DeSoto has written more than 2,000 articles for The Western Journal since he joined the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto is the senior staff writer for The Western Journal. He wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Harrisburg, Pennsylvania
Graduated dean's list from West Point
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
Professional Memberships
Virginia and Pennsylvania state bars
Phoenix, Arizona
Languages Spoken
Topics of Expertise
Politics, Entertainment, Faith