Special counsel Robert Mueller’s Russia investigation has gathered enough steam that some lawyers representing key Donald Trump associates are considering the possibility of a historic first: an indictment against a sitting president.
While many legal experts contend that Mueller lacks the standing to bring criminal charges against Trump, at least two attorneys working with clients swept up in the Russia probe told POLITICO they consider it possible that Mueller could indict the president for obstruction of justice.
Neither attorney claimed to have specific knowledge of Mueller’s plans. Both based their opinions on their understanding of the law; one also cited his interactions with the special counsel’s team, whose interviews have recently examined whether Trump tried to derail the probe into his campaign’s Russia ties.
“If I were a betting man, I’d bet against the president,” said one of the lawyers.
The second attorney, who represents a senior Trump official, speculated that Mueller could try to bring an indictment against Trump even if he expects the move to draw fierce procedural challenges from the president’s lawyers – if only to demonstrate the gravity of his findings.
“It’s entirely possible that Mueller may go that route on the theory that, as an open question, it should be for the courts to decide,” the attorney said. “Even if the indictment is dismissed, it puts maximum pressure on Congress to treat this with the independence and intellectual honesty that it will never, ever get.”
Many legal scholars doubt a U.S. vs. Trump case is possible, but two attorneys who have dealt with special counsel Robert Mueller’s team disagree. One expects Mueller to move as early as this spring.
This is going to be a 1st for our nation! A sitting president is going to get indited.