Giuliani says Mueller has informed him that Trump cannot be indicted

Special counsel Robert MuellerRobert (Bob) Swan MuellerMueller report fades from political conversation Trump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony MORE’s team told President TrumpDonald John TrumpDavid Axelrod after Ginsburg cancer treatment: Supreme Court vacancy could 'tear this country apart' EU says it will 'respond in kind' if US slaps tariffs on France Ginsburg again leaves Supreme Court with an uncertain future 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.

ADVERTISEMENT

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 ComeyThe road not taken: Another FBI failure involving the Clintons surfaces Sarah Huckabee Sanders becomes Fox News contributor 3 real problems Republicans need to address to win in 2020 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.