Special counsel Robert MuellerRobert (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel MORE’s team told President TrumpDonald TrumpUkraine's president compares UN to 'a retired superhero' Collins to endorse LePage in Maine governor comeback bid Heller won't say if Biden won election MORE’s legal team that they can’t indict a sitting president, CNN reported Wednesday.
Rudy Giuliani, who is leading Trump’s legal team in the Russia probe, told the network that when it comes to the president, Mueller’s team can only write a report at the conclusion of its investigation. Such a report could outline wrongdoing or include recommendations for the House.
“They can’t indict. At least they acknowledged that to us after some battling, they acknowledged that to us,” Giuliani told CNN.
The decision not to indict a sitting president would align with Justice Department guidelines dating back to the Nixon administration that say a sitting president can’t be indicted.
Giuliani added that he believes the Constitution prevents the indictment of a sitting president.
Mueller’s team declined to comment on the matter to CNN.
Mueller is investigating Russian meddling in the 2016 presidential election. Thursday marks the anniversary of his appointment as the special counsel, which resulted from Trump's decision to fire then-FBI Director James ComeyJames Brien ComeyGiuliani told investigators it was OK to 'throw a fake' during campaign DOJ watchdog unable to determine if FBI fed Giuliani information ahead of 2016 election Biden sister has book deal, set to publish in April MORE.
Giuliani has said he intends to use the one-year mark of the investigation to push for its conclusion.
One ongoing point of contention has been over whether the president will agree to an interview with the special counsel.
Trump has previously said he'd be willing to do so, but Giuliani said this week that he doesn't believe Mueller needs to conduct an interview with the president.
Trump has frequently railed against the Mueller investigation, calling it a "witch hunt" and a "hoax."
Four former Trump associates have thus far pleaded guilty or been indicted as part of the probe, and Mueller filed charges against 13 Russians for allegedly interfering in the election.