Pelosi: Possible to indict president in office

Rep. Nancy Pelosi, poised to be the next house speaker, says it is open for discussion as to whether a sitting president can be indicted. CNN's John Berman has more.

Posted: Jan 3, 2019 9:31 PM
Updated: Jan 3, 2019 9:51 PM

Nancy Pelosi, who is poised to be the next House speaker, said that it remains open for discussion whether the Justice Department could indict a sitting president.

Ahead of the new Democratic majority taking control of the House on Thursday, the California Democratic representative was asked whether special counsel Robert Mueller should honor the Department of Justice's opinion that a sitting US president should not be indicted. Mueller is currently investigating Russian interference in the 2016 election and possible connections between President Donald Trump's campaign and the Kremlin.

"I do not think that that is conclusive. No, I do not," Pelosi said in an interview with NBC anchor Savannah Guthrie that aired Thursday on "Today."

Asked if Mueller could legally indict a sitting president, Pelosi said: "Let's just see what Mueller does. Let's spend our time on getting results for the American people."

The Office of Legal Counsel's guidance, issued in 2000, says, "The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions."

"It's not the law," Pelosi told Guthrie. "Everything indicates that a president can be indicted after he is no longer president of the United States."

Guthrie asked, "What about a sitting president?"

"Well, a sitting president when he is no longer president of the United States," Pelosi answered.

Guthrie pressed again, asking, "A president who's in office? Could Robert Mueller come back and say, 'I am seeking an indictment?'"

"I think that is an open discussion," Pelosi said. "I think that's an open discussion in terms of the law."

She also did not rule out impeachment proceedings against Trump.

"We have to wait and see what happens with the Mueller report," Pelosi said. "We shouldn't be impeaching for a political reason, and we shouldn't avoid impeachment for a political reason."

For the first time since he took office, Trump will be faced with a new opposition in the House from Democrats, who plan to scrutinize the President and use their subpoena power.

The Mueller investigation, which began in 2017, could issue its final report this year, making referrals or recommendations to the US House.

Trump lawyer Rudy Giuliani told CNN in May that Mueller's team had informed Trump's lawyers that it has concluded a sitting president cannot be indicted.

Trump's former attorney, Michael Cohen, said in court in August that Trump directed him to make payments during the 2016 election to silence women who claimed they had had affairs with the future President. Cohen pleaded guilty to two campaign finance violations related to those payments to adult film star Stormy Daniels and former Playboy model Karen McDougal.

Prosecutors have said that in executing the payments, Cohen "acted in coordination with and at the direction of" Trump, who has denied having the affairs with the two women.

Trump often derides the Mueller investigation as a "witch hunt" and denies any collusion between his campaign and Russia to sway the 2016 election in his favor.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 149940

Reported Deaths: 3779
CountyCasesDeaths
DeSoto10097104
Hinds9984199
Harrison7116110
Jackson6360119
Rankin5588103
Lee509195
Madison4799106
Forrest383186
Jones357688
Lauderdale3496147
Lafayette326051
Washington3179107
Lamar291550
Oktibbeha245462
Bolivar241384
Lowndes237364
Panola222350
Neshoba2206118
Marshall217250
Leflore205590
Pontotoc199928
Monroe198177
Sunflower191655
Lincoln190865
Warren176857
Tate169851
Union167325
Copiah164140
Pike162658
Yazoo156039
Scott154829
Itawamba152935
Pearl River152167
Alcorn151328
Coahoma150543
Simpson148353
Prentiss146230
Adams141950
Grenada140945
Leake134944
Holmes130861
George125524
Tippah125230
Covington123439
Winston122224
Hancock121139
Wayne117923
Marion116646
Attala113034
Tishomingo109442
Chickasaw107632
Newton105629
Tallahatchie97027
Clay91327
Clarke90553
Jasper82822
Stone77014
Walthall76928
Calhoun75513
Montgomery74525
Carroll72415
Lawrence71814
Smith71316
Yalobusha71327
Noxubee71017
Perry67026
Tunica61019
Greene60322
Claiborne58616
Jefferson Davis57017
Amite54014
Humphreys53619
Benton49318
Quitman4927
Webster44314
Kemper43618
Wilkinson39822
Jefferson35211
Franklin3395
Choctaw3357
Sharkey30917
Issaquena1164
Unassigned00

Alabama Coronavirus Cases

Cases: 244993

Reported Deaths: 3572
CountyCasesDeaths
Jefferson32314500
Mobile19859361
Madison13223148
Tuscaloosa13049154
Montgomery12342236
Shelby1031577
Baldwin873398
Lee775766
Morgan662650
Calhoun6301119
Etowah627666
Marshall627255
Houston525638
DeKalb485536
Cullman439442
Limestone425145
St. Clair419555
Lauderdale407854
Elmore406864
Walker3657111
Talladega351454
Jackson320423
Colbert311942
Blount292240
Autauga273542
Franklin252633
Coffee245415
Dale232654
Dallas226232
Chilton223438
Russell22193
Covington218934
Escambia198331
Chambers176850
Tallapoosa176391
Pike158614
Clarke158419
Marion140236
Winston133023
Lawrence127936
Pickens123518
Geneva12218
Marengo121524
Bibb117917
Barbour117310
Butler116541
Randolph102921
Cherokee102224
Hale97031
Clay91924
Fayette91616
Washington91219
Henry8546
Lowndes79929
Monroe78911
Cleburne77214
Macon73722
Crenshaw71130
Bullock69619
Perry6886
Conecuh68414
Lamar6798
Wilcox63518
Sumter58122
Greene42618
Choctaw42213
Coosa3444
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