CNN chief legal analyst Jeffrey Toobin said there is a “general consensus” President Donald Trump will not be indicted by special counsel Robert Mueller while he’s still in office, on “New Day” Thursday.
“This is one of the gray unanswered questions of constitutional law. The Supreme Court has never addressed this question. No prosecutor has tried to indict a president,” Toobin said. “There is Justice Department guidance going back to the 1970’s that says a president cannot be indicted. That seems to be the general consensus view. But we don’t know that for sure.” (RELATED: CNN Chief Legal Analyst Says Stormy Daniels Case Lacks ‘Criminal Element’)
Toobin thinks there is still a slight chance an indictment for the president could be handed down but said it is more likely Mueller will turn over an evidence he finds to Congress so they may proceed with impeachment proceedings.
“It is quite possible that Mueller said, we are going to follow that guidance,” Toobin continued. “We are not going to indict the president if we have evidence. We will turn over this information, if we have it, to Congress and let the impeachment process go forward. But not a criminal process.”
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