Mueller Says Trump Could Be Criminally Charged After Presidency

The former special counsel confirmed he could not prosecute Trump due to Justice Department guidelines.

Andrew Harnik/AP

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Before the conclusion of special counsel Robert Mueller’s two-year investigation into Russian interference in the 2016 election, there was intense speculation about whether President Donald Trump would be charged with obstruction of justice. Ultimately, Trump wasn’t charged. But during Mueller’s testimony before the House Judiciary Committee on Wednesday, the former special counsel confirmed that Trump could be prosecuted after leaving office:

In fact, it was a Republican member who first got Mueller to confirm that possibility—and why he didn’t charge Trump. When Rep. Ken Buck of Colorado asked Mueller point-blank if there was sufficient evidence to charge the president with obstruction, Mueller said that his office “couldn’t make that calculation” due to a Justice Department legal opinion that a sitting president can’t be charged with a crime: 

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