All we have are a lot of opinions by talking heads. We need to resolve this in the supreme court:
Can a sitting president be indicted? The public should be skeptical of arguments saying no, which frequently rely on two opinions by the Justice Department’s Office of Legal Counsel (OLC). This office, in part through its opinions, provides legal advice to the executive branch. As legal counsel to the executive, OLC is naturally biased in favor of helping its client achieve its goals through legal analysis. Media coverage of this important question concerning presidential immunity, however, has largely failed to question the underlying rationales found in those OLC memos. And when it comes to preserving the rule of law and our constitutional system of checks and balances, OLC does not have the final word, and we should not treat its views as such.
That means Mueller should indict. And let the chips fall where they may. The Congress can always impeach. Although I wouldn’t count on that.
A 45-year-old Justice Department policy states that a sitting president cannot be indicted or prosecuted. But some legal experts argue that puts the president above the law – and undermines the whole reason for having a special counsel.
According to Giuliani Mueller isn’t planning to indict:
Special counsel Robert Mueller’s team has informed President Donald Trump’s attorneys that they have concluded that they cannot indict a sitting president, according to the President’s lawyer.“All they get to do is write a report,” Trump lawyer Rudy Giuliani told CNN. “They can’t indict. At least they acknowledged that to us after some battling, they acknowledged that to us.”