A pair of federal judges this week raised questions about the Department of Justice’s stance that a sitting president can’t be indicted.

The position, first outlined in a 1973 Office of Legal Counsel memo, was spotlighted when then-special counsel Robert Mueller said earlier this year that he did not make a traditional charging decision for President Donald Trump because of the guidance. He said it would be “unfair” to potentially accuse the president of criminal conduct “when there could be no court resolution of the actual charge.”

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