Is the President Untouchable?

Special Counsel Robert Mueller’s report contains numerous factual revelations and, even with the redactions, rounds out what was so far known about the president’s openness to a political alliance with Russia and his dedication to obstructing any inquiry into “collusion.” Weeks will pass before the full significance of these investigative findings can be assessed. In the meantime, the report is itself evidence: a clear indication that almost 50 years after Watergate, major barriers have now settled into place against presidential accountability for serious misconduct.

First, note the impact of the two Office of Legal Counsel (OLC) opinions immunizing the president from prosecution while in office. In a striking passage, Mueller suggests a reluctance to reach a final judgment about the president’s criminal liability if he cannot not