So, Rudy Giuliani told Fox News and CNN that Robert Mueller said his office will, per Fox News, "abide by DOJ guidelines" that assert a sitting president cannot be indicted. This is not surprising; it is mainly notable if Mueller told Giuliani so.
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Here's the CNN story:https://www.cnn.com/2018/05/16/politics/rudy-giuliani-robert-mueller-indictment/index.html …
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Chris Geidner Retweeted John Roberts
And the Fox News tweet:https://twitter.com/johnrobertsFox/status/996866827627257859 …
Chris Geidner added,
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The Special Counsel's Office, of course, is not going to confirm this. (I've asked.) And Giuliani has a track record here that makes it less than 100% clear what exactly Mueller said or agreed to in this situation.
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Assuming it is true (or roughly true): Based on what we know, it seems most likely to me that Mueller would tell Giuliani this as part of an effort to get Trump (and his lawyers) to agree to Trump's interview.
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The Special Counsel's Office spokesperson declined to comment.
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tl;dr: It has never seemed likely that by-the-book Mueller would seek to go outside of the historical decisions of DOJ on this question. That's the biggest reason why it's believable that SCO reached this conclusion.
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As to what exactly Mueller told Giuliani, who knows — and I've explained why I think it most likely it would have been discussed.
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None of this, note, has anything to do with the focus, findings, or direction of Mueller's investigation. This solely has to do with what they believe they can do with the conclusion of that investigation. For the president, it's a report to Congress.
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Replying to @chrisgeidner
Can they even do that though? Strictly speaking isn’t the only thing they can do a report to Rosenstein?
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Yes. I wasn't suggesting otherwise. I was saying that a report to Congress is the option for a criminal investigation into a president, not indictment, per DOJ's past conclusions on the question.
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