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It does not bar him from investigating the activities of persons who may be legally or practically immune from criminal prosecution. Trump is no more immune from Mueller’s inquiries than Russians who might assert diplomatic immunity.Mueller’s appointment letter also empowers him to any crimes discovered in the course of his investigation.Trump into firing Rosenstein and then Mueller, thus removing pressure from the lawyers’ clients. The letter’s authors apparently view this sentiment as proof of irrational bias, which if disclosed to the FISA court would have discredited all Mr. Steele had discovered so much about Trump’s Russia connections that the prospect of his occupancy of the White House evoked nothing but horror.

If so, they’re interesting, though probably not probative of very much. In DOJ parlance, a “target” is someone against whom prosecutors have substantial evidence and are likely to charge; actually, we don’t know whether these clients are “targets,” “subjects” (persons of interest against whom less evidence has been developed) or merely witnesses. Trump (or is simply insufficiently slavish in one’s devotion) is conclusive proof that one cannot be believed.At least one of them bases his view on what he perceives as the growing “level of confidence” of Mueller’s staff.I had two contrary reactions to the lawyers’ remarks.It does not claim that presidents cannot be prosecuted.Indeed, any such claim would be untenable inasmuch as Article 1, Section 3, of the Constitution specifically provides that persons impeached “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law.” At a minimum, this means that a president may be indicted after he leaves office (subject to any problems created by statutes of limitation, a tricky legal problem for another day).

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