Giuliani: Mueller told Trump's legal team he can't indict the president

Close up of Rudy Giuliani
Rudy Giuliani. Photo: Jabin Botsford/The Washington Post via Getty Images

President Trump's attorney Rudy Giuliani told CNN and Fox News Wednesday that Special Counsel Robert Mueller's team told Trump's legal team that they have acknowledged — "after some battling" — that they cannot indict a sitting president.

Be smart: The Office of Legal Counsel in the Justice Department has long taken the position that they do not have the power to indict a sitting president. However, as CNN pointed out, Mueller still has the power to "issue a report making referrals or recommendations to the House of Representatives."