Constitutional Law,
Government
Apr. 23, 2019
DOJ isn’t the authority on whether a president can be indicted
Amidst the furor over the Mueller report, not enough attention has been paid to a crucial premise for many of its conclusions: its assumption that a sitting president cannot be indicted
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Amidst the furor over the Mueller report, not enough attention has been paid to a crucial premise for many of its conclusions: its assumption that a sitting president cannot be indicted. In the initial pages of Volume II, Mueller states that he was bound by Department of Justice opinions that a president cannot be indicted while in office. Mueller wrote: "Given the role of the Special Counsel as an attorney in the Department of Justice," his office accepted that "lega...
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