Special Counsel Robert Mueller stated that he would not determine whether President Trump obstructed justice because of an Office of Legal Counsel (OLC) opinion that states that the indictment of a sitting president would violate the constitutional separation of powers. Mueller therefore left the responsibility of indictment to Congress. There are reportedly several ongoing criminal investigations into Trump’s family, campaign committee, inaugural fund and business, which means that the potential for indictment could extend beyond the president to several of his associates.
CREW requested records relating to OLC opinions on the legality and constitutionality of investigating and indicting a sitting president, including business associates. Given what we know about the president’s personal criminal exposure, and the involvement of others in those potential crimes, this is not a purely hypothetical scenario.
The requested records would shed light on whether the DOJ is allowed to hold Trump’s associates accountable, or if only Congress could indict the president’s business associates if the ongoing investigations into their conduct showed criminality. If the only recourse for crimes committed by the president’s associates is congressional action, the American people need to know.