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Axios Jul 23
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Newfound Clinton-era memo: presidents can be indicted

Susan Walsh / AP

"Can Presidents Be Indicted? A Long-Hidden Legal Memo Says Yes," by N.Y. Times' Charlie Savage:

  • "A newfound memo from Kenneth W. Starr's independent counsel investigation into President Bill Clinton ... raises the possibility that Mr. Mueller may have more options than most commentators have assumed."
  • The 56-page memo was written for Starr by constitutional scholar Ronald Rotunda, "locked in the National Archives for nearly two decades and obtained by The New York Times under the Freedom of Information Act."
  • The memo concludes: 'It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president's official duties ... In this country, no one, even President Clinton, is above the law.'"
  • "In 1974, the Watergate special counsel, Leon Jaworski, had also received a memo from his staff saying he could indict the president."
  • See the Starr memo, posted by The Times.