'The Court is Not Persuaded': 2 Judges Question OLC's Policy Against Indicting a Sitting President
The judges noted that the courts have yet to weigh in on whether a sitting president can be indicted.
October 11, 2019 at 01:34 PM
6 minute read
The original version of this story was published on National Law Journal
A pair of federal judges this week raised questions about the Department of Justice's stance that a sitting president can't be indicted.
The position, first outlined in a 1973 Office of Legal Counsel memo, was spotlighted when then-special counsel Robert Mueller said earlier this year that he did not make a traditional charging decision for President Donald Trump because of the guidance. He said it would be "unfair" to potentially accuse the president of criminal conduct "when there could be no court resolution of the actual charge."
But the issue came up again in an opinion from U.S. District Judge Victor Marrero in the Southern District of New York on Monday, as he tossed out a lawsuit from Trump challenging the Manhattan district attorney's subpoena for his tax returns.
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