Sitting Presidents Can’t Be Prosecuted. Probably.

The world watched last week as former FBI Director James B. Comey testified before the Senate Intelligence Committee in its ongoing probe into Russian interference in the 2016 U.S. presidential election. A central question dominated much of the hearing: Did the president commit a crime? Comey demurred, noting that the answer will likely rest with Robert S. Mueller III, the former FBI director appointed as special counsel. This raises another important question: Can a sitting President actually be prosecuted by the special counsel?

John P. Carlin, chair of Morrison & Foerster’s Global Risk + Crisis Management Group and Mueller’s former FBI chief of staff, explains in this Washington Post op-ed why the answer is so murky, and details what Congress must do now in light of this ambiguity.

Read his Washington Post article.