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The Law Of Unintended Consequences: Mueller’s Promise Not To Indict Trump In Office Is No Favor



Below is my column in the Washington Post on the statement by lead Trump lawyer Rudy Giuliani that Special Counsel Robert Mueller had assured the Trump team that he would not seek an indictment against Trump while in office.  As I have previously written, I do not agree with those who maintain that a sitting president cannot be indicted.  However, what is most striking is how many assume that it is better for the President to face an impeachment (which is part of a political process) than an indictment. For a criminal defense standpoint, the opposite may be true.  Indeed, the best possible scenario for Mueller would be to have an impeachment before an indictment.  None of this means that there is a strong case for either impeachment or indictment, but the sequencing laid out by Giuliani is no favor to Trump.

Here is the column:

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