Attorneys are now speculating that special counsel Robert Mueller could make history by bringing an indictment against President Donald Trump on obstruction of charges.
While several legal experts contend that Mueller doesn’t have the standing to indict Trump, two attorneys working with clients who have been involved with the Russia probe disagree.
Both attorneys base their belief on the law, not any personal information they have about the case, and have asked to remain anonymous. One attorney also cited his communication with the investigative team. The team’s interviews have recently turned to investigating whether or not Trump attempted to derail the probe.
“If I were a betting man, I’d bet against the president,” one of the attorneys stated. That attorney also believes that Mueller will be wrapping up his investigation before the midterm elections this fall, stating, “If he’s going to do it, I think he’ll do it in the spring…I don’t think he wants to be accused of trying to influence the election that dramatically.”
There is no legal precedent for indicting a sitting president. A Justice Department legal opinion from 2000 states that prosecuting or indicting a sitting president “would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
But Philip Allen Lacovara, an attorney who served as special counsel to two top Watergate special prosecutors doesn’t believe that an indictment would interfere with Trump’s ability to serve as President. Lacovara says, “When an incumbent president, whether it’s Bush or Obama or Trump, spends an enormous amount of time on the golf course, it’s a little bit fanciful to say the president can’t be called to account for alleged criminality because he’s got to be available 24 hours a day to be president.”
All of this means that Robert Mueller is in uncharted territory. Assuming he and his team find enough evidence to indict Trump – which isn’t a stretch – how he handles that is up in the air.
Mueller is a man who does things by the book, but there isn’t a book for this. However Mueller decides to handle his findings, it is a near surety that he will do so in such a way that insures justice will be served… even if that means indicting a sitting president.