There has been some debate over whether or not you can indict a sitting President. While the answer is a bit unclear, most legal scholars do not believe that Robert Mueller will actually indict President Trump, no matter how severe his crimes may turn out to be.
Just because Trump won’t be indicted as president, it doesn’t mean that he couldn’t eventually be held responsible for any crimes that he may have committed, if he actually did commit crimes.
In speaking to MSNBC’s Lawrence O’Donnell last night, former federal prosecutor, Joyce Vance explained that even if Trump isn’t actually indicted while president, it doesn’t mean that he’s completely out of the woods.
“I think it’s likely that we will see the president as an unindicted co-conspirator,” Vance explained. “And what that means is that he won’t be named, he won’t be indicted and Justice Department policy is not to include the name of a target that you don’t indict in a case — so that’s why his name won’t be used.”
If Trump does end up as an unindicted co-conspirator, the next step in holding him responsible would be for Robert Mueller to present a report to Congress, and for Congress to hold him responsible through impeachment hearings. If the president is eventually impeached and kicked out of office, a future indictment could be made against citizen Donald Trump.
You can watch the entire interview below (the aforementioned comment comes at around the 15:50 mark).