Robert Mueller testifies: Live updates - CNN

Rep. Debbie Lesko, a Republican on the Judiciary Committee, asked former Special Counsel Robert Mueller about his decision not to indict President Trump.

Lesko said Mueller recently said he didn't "indict the President is because of the OLC opinion." (Note: OLC stands for "Office of Legal Counsel." More on that opinion in a second.)

But, she said, Mueller made different comments earlier this year:

"That is not what you said in the report, and it’s not what you told Attorney General Barr. And in fact, in a joint statement that you released with DOJ on May 29 after your press conference, your office issued a joint statement with the Department of Justice that said: The Attorney General has previously stated that the special counsel repeatedly affirmed that he was not saying, that but for the OLC opinion, he would have found the President obstructed justice," she said.

Lesko asked Mueller if he stands by his earlier May 29 statement.

"I would have to look at it more closely before I said I agree," Mueller said.

What you need to know about the OLC opinion: Internal Justice Department policies say that a sitting president cannot be indicted. The policy comes from the OLC, and it dates back to the Nixon administration. It is binding on all Justice Department employees, including Mueller and his team of prosecutors.

In his report, Mueller directly explained how this had a major impact on his internal deliberations.

In effect, Mueller framed his entire obstruction investigation around the notion that he couldn't bring any charges against Trump, even if he found ironclad evidence against him, because of the OLC opinion.

Let's block ads! (Why?)