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BINDING? Two federal judges have raised questions about the DOJ’s stance that a sitting president can’t be indicted, Jacqueline Thomsen reports. The position, first outlined in a 1973 Office of Legal Counsel memo, was spotlighted by former special counsel Robert Mueller, who used it as guidance not to bring charges against President Donald Trump in the Russia investigation. In two instances within the past week, U.S. District Judge Victor Marrero in New York’s Southern District and U.S. District Judge Beryl Howell in D.C. have questioned the power of the OLC memo, which has not been tested in court.

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