Mueller doesn't plan to indict Trump because of DOJ rules, Giuliani says

WASHINGTON — Special counsel Robert Mueller has told President Donald Trump's legal team that he won't indict a sitting president, according to Rudy Giuliani, one of Trump's lawyers.

"They (the special counsel) acknowledge the fact that they can't indict us," Giuliani told NBC News on Wednesday, indicating that the information had been conveyed to Trump's lawyers. "They know they don't have that power. So their function is to write a report. We would like it to be the fairest report possible. But even if it isn't, we're prepared to rebut it in great detail so we'd like them to do it."

He added, "It's as clear as can be that they don't have the right to indict under the Justice Department rules. And I know they're not going to indict."

Related: All of President Trump's tweets about the Mueller probe

33 PHOTOS
Trump's tweets about the Mueller Russia probe
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Trump's tweets about the Mueller Russia probe
So disgraceful that the questions concerning the Russian Witch Hunt were “leaked” to the media. No questions on Col… https://t.co/T2n7SAWgJp
There was no Collusion (it is a Hoax) and there is no Obstruction of Justice (that is a setup & trap). What there i… https://t.co/WU8JFuWLJi
House Intelligence Committee rules that there was NO COLLUSION between the Trump Campaign and Russia. As I have bee… https://t.co/n4809kuVx3
Just Out: House Intelligence Committee Report released. “No evidence” that the Trump Campaign “colluded, coordinate… https://t.co/3erasoPL4N
This memo totally vindicates “Trump” in probe. But the Russian Witch Hunt goes on and on. Their was no Collusion an… https://t.co/GPYj4JbKgN
It would seem very hard to obstruct justice for a crime that never happened! Witch Hunt!
This is the single greatest witch hunt of a politician in American history!
You are witnessing the single greatest WITCH HUNT in American political history - led by some very bad and conflicted people! #MAGA
“Russians had no compromising information on Donald Trump” @FoxNews Of course not, because there is none, and neve… https://t.co/R9sniNq1ar
Congratulations to @ABC News for suspending Brian Ross for his horrendously inaccurate and dishonest report on the… https://t.co/wEVP4iGN6n
The Mueller probe should never have been started in that there was no collusion and there was no crime. It was base… https://t.co/oMCKEA7WmJ
The 13 Angry Democrats in charge of the Russian Witch Hunt are starting to find out that there is a Court System in… https://t.co/W32TtSNOrw
A must watch: Legal Scholar Alan Dershowitz was just on @foxandfriends talking of what is going on with respect to… https://t.co/EZ7cdgtUUo
A TOTAL WITCH HUNT!!!
A complete Witch Hunt!
The Russia Witch Hunt is rapidly losing credibility. House Intelligence Committee found No Collusion, Coordination… https://t.co/MMfLEunjG6
The single greatest Witch Hunt in American history continues. There was no collusion, everybody including the Dems… https://t.co/j7rc1QKCLw
James Comey Memos just out and show clearly that there was NO COLLUSION and NO OBSTRUCTION. Also, he leaked classif… https://t.co/YfMYBrTkza
As the phony Russian Witch Hunt continues, two groups are laughing at this excuse for a lost election taking hold, Democrats and Russians!
...case against him & now wants to clear his name by showing "the false or misleading testimony by James Comey, John Brennan..." Witch Hunt!
The MAKE AMERICA GREAT AGAIN agenda is doing very well despite the distraction of the Witch Hunt. Many new jobs, high business enthusiasm,..
Jared Kushner did very well yesterday in proving he did not collude with the Russians. Witch Hunt. Next up, 11 year old Barron Trump!
When James Clapper himself, and virtually everyone else with knowledge of the witch hunt, says there is no collusion, when does it end?
My son Donald did a good job last night. He was open, transparent and innocent. This is the greatest Witch Hunt in political history. Sad!
Despite the phony Witch Hunt going on in America, the economic & jobs numbers are great. Regulations way down, jobs and enthusiasm way up!
A total WITCH HUNT with massive conflicts of interest!
Is this Phony Witch Hunt going to go on even longer so it wrongfully impacts the Mid-Term Elections, which is what… https://t.co/7LtsbGyV80
The Mueller probe should never have been started in that there was no collusion and there was no crime. It was base… https://t.co/oMCKEA7WmJ
Much of the bad blood with Russia is caused by the Fake & Corrupt Russia Investigation, headed up by the all Democr… https://t.co/eA1AtTPv49
“Special Council is told to find crimes, whether a crime exists or not. I was opposed to the selection of Mueller t… https://t.co/KYsOPqiVBG
I have agreed with the historically cooperative, disciplined approach that we have engaged in with Robert Mueller (… https://t.co/yjSuYhmzJb
Why does the Mueller team have 13 hardened Democrats, some big Crooked Hillary supporters, and Zero Republicans? An… https://t.co/wKNAVhWJcz
If I wanted to fire Robert Mueller in December, as reported by the Failing New York Times, I would have fired him.… https://t.co/wi7FDNjqK7
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During the final months of the Clinton administration in 2000, the Justice Department's Office of Legal Counsel said in a memo that "the indictment or criminal prosecution of a sitting president would be unconstitutional."

Neal Katyal, acting solicitor general in the administration of former President Barack Obama — the administration's top courtroom lawyer — wrote the current special counsel regulations as a young lawyer in Clinton's Justice Department in 1999. They specify that a special counsel "shall comply" with the policies of the Justice Department, for whom Mueller works.

Katyal said on MSNBC's "The Beat With Ari Melber" in February that means that Mueller is bound by the 2000 Justice Department memo but that he "can seek exceptions."

"This old opinion from 20 years ago does preclude, in general, the Justice Department from indicting a sitting president for constitutional reasons," Katyal said. "But an exception can be given."

Giuliani also suggested to NBC News on Wednesday that Mueller may not need to interview Trump.

"I don't think they need an interview, particularly if the interview is only for the purpose of giving explanations again that the president has already given," he said.

The president's lawyer said Mueller's office has not responded to questions that Trump's team has about a possible interview. Giuliani says those inquiries included questions such as, "Why do they need an interview, what kind of questions, when are you going to resolve the investigation, show us the authority."

Giuliani told NBC News on Tuesday that he has spoken by phone with lawyers for the special counsel's office and said talks about a potential presidential interview are in a "holding pattern."

On Wednesday, Giuliani also called on Mueller ahead of the one-year mark of the investigation on Thursday to "get it over with."

The special counsel had no comment on Giuliani's comments.

34 PHOTOS
Rudy Giuliani and President Donald Trump through the years
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Rudy Giuliani and President Donald Trump through the years
U.S. President Donald Trump listens to former New York City Mayor Rudy Giuliani during a meeting with cyber security experts in the Roosevelt Room of the White House in Washington, U.S., January 31, 2017. REUTERS/Kevin Lamarque
U.S. President Donald Trump listens to former New York City Mayor Rudy Giuliani during a meeting with cyber security experts in the Roosevelt Room of the White House in Washington, U.S., January 31, 2017. REUTERS/Kevin Lamarque TPX IMAGES OF THE DAY
U.S. President-elect Donald Trump stands with former New York City Mayor Rudolph Giuliani before their meeting at Trump National Golf Club in Bedminster, New Jersey, U.S., November 20, 2016. REUTERS/Mike Segar
U.S. President-elect Donald Trump stands with former New York City Mayor Rudolph Giuliani before their meeting at Trump National Golf Club in Bedminster, New Jersey, U.S., November 20, 2016. REUTERS/Mike Segar TPX IMAGES OF THE DAY
U.S. President-elect Donald Trump greets former New York City Mayor Rudolph Giuliani before their meeting at Trump National Golf Club in Bedminster, New Jersey, U.S., November 20, 2016. REUTERS/Mike Segar
Former New York Mayor Rudy Giuliani shakes hands with Republican presidential nominee Donald Trump at a campaign rally in Charlotte, North Carolina, U.S., August 18, 2016. REUTERS/Carlo Allegri
Former New York Mayor Rudy Giuliani and Republican presidential candidate Donald Trump arrive to speak to police gathered at Fraternal Order of Police lodge during a campaign event in Statesville, North Carolina, U.S., August 18, 2016. REUTERS/Carlo Allegri
Republican presidential nominee Donald Trump embraces former New York City Mayor Rudolf Giuliani at a campaign rally in Greenville, North Carolina, U.S., September 6, 2016. REUTERS/Mike Segar
U.S. Republican presidential candidate Donald Trump (R) and former New York City Mayor Rudy Giuliani (2nd L) arrive for ceremonies to mark the 15th anniversary of the September 11 attacks at the National 9/11 Memorial in New York, New York, United States September 11, 2016. REUTERS/Brian Snyder
Republican presidential nominee Donald Trump walks with former New York City Mayor Rudolph Giuliani (L) and his son Eric Trumo (R) through the new Trump International Hotel in Washington, D.C., U.S., September 16, 2016. REUTERS/Mike Segar
Former New York Mayor Rudy Giuliani shakes hands with Republican presidential nominee Donald Trump at a campaign rally in Charlotte, North Carolina, U.S., August 18, 2016. REUTERS/Carlo Allegri
Republican U.S. presidential nominee Donald Trump and former New York mayor Rudy Giuliani visit the Milwaukee County War Memorial Center in Milwaukee, Wisconsin August 16, 2016. REUTERS/Eric Thayer
Republican U.S. presidential nominee Donald Trump talks with Milwaukee County Sheriff David Clarke Jr. (L) and former New York mayor Rudy Giuliani (R) at the Milwaukee County War Memorial Center in Milwaukee, Wisconsin August 16, 2016. REUTERS/Eric Thayer
Republican U.S. presidential nominee Donald Trump greets former New York mayor Rudy Giuliani during a campaign rally at Crown Arena in Fayetteville, North Carolina August 9, 2016. REUTERS/Eric Thayer
Republican U.S. presidential nominee Donald Trump and former New York mayor Rudy Giuliani visit Allegra Print and Imaging in Fayetteville, North Carolina, U.S., August 9, 2016. REUTERS/Eric Thayer
Republican U.S. presidential nominee Donald Trump and former New York mayor Rudy Giuliani visit Allegra Print and Imaging in Fayetteville, North Carolina August 9, 2016. REUTERS/Eric Thayer
Republican U.S. presidential nominee Donald Trump and former New York mayor Rudy Giuliani visit Allegra Print and Imaging in Fayetteville, North Carolina, U.S., August 9, 2016. REUTERS/Eric Thayer
Former New York mayor Rudy Giuliani greets Republican U.S. presidential nominee Donald Trump at the Trask Coliseum at University of North Carolina in Wilmington, North Carolina, U.S., August 9, 2016. REUTERS/Eric Thayer
Former New York City Mayor Rudy Guiliani sits with his wife Judith (R) and Donald Trump Jr. at the Republican National Convention in Cleveland, Ohio, U.S. July 18, 2016. REUTERS/Jim Young
Former New York City Mayor Rudy Giuliani (L), Republican presidential nominee Donald Trump (C) and New Jersey Governor Chris Christie (R) stand together during a memorial service at the National 9/11 Memorial September 11, 2016 in New York. The United States on Sunday commemorated the 15th anniversary of the 9/11 attacks. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
NEW YORK, NY - SEPTEMBER 11: Republican presidental nominee Donald Trump (R) and former New York City mayor Rudy Giuliani (L) arrive at September 11 Commemoration Ceremony at the National September 11 Memorial & Museum on September 11, 2016 in New York City. Hillary Clinton and Donald Trump attended the September 11 Commemoration Ceremony. (Photo by Justin Sullivan/Getty Images)
NEW YORK, NY - SEPTEMBER 11: Republican presidental nominee Donald Trump (C) and former New York City mayor Rudy Giuliani arrive at September 11 Commemoration Ceremony at the National September 11 Memorial & Museum on September 11, 2016 in New York City. Hillary Clinton and Donald Trump attended the September 11 Commemoration Ceremony. (Photo by Justin Sullivan/Getty Images)
Former New York City mayor Rudy Giuliani introduces Republican presidential candidate Donald Trump before a rally at the Travis County Exposition Center on August 23, 2016 in Austin, Texas. / AFP / SUZANNE CORDEIRO (Photo credit should read SUZANNE CORDEIRO/AFP/Getty Images)
Former Mayor of New York City Rudy Giuliani greets Republican presidential nominee Donald Trump just after introducing him at a rally at the Florida State Fairgrounds in Tampa, Florida, on Wednesday, August 24, 2016. (Photo by Loren Elliott/Tampa Bay Times/Getty Images)
Former New York City mayor Rudy Giuliani, left, welcomes Republican presidential candidate Donald Trump on stage during a campaign rally on August 18, 2016, at the Charlotte Convention Center in Charlotte, N.C. (Jeff Siner/Charlotte Observer/TNS via Getty Images)
BRIARCLIFF MANOR, NY - JULY 14: (L-R) Donald Trump, Joe Torre, Ali Torre, Mayor Michael R. Bloomberg, Rudolph W. Giuliani and Billy Crystal attend the 2008 Joe Torre Safe at Home Foundation Golf Classic at Trump National Golf Club on July 14, 2008 in Briarcliff Manor, New York. (Photo by Rick Odell/Getty Images)
BRIARCLIFF MANOR, NY - JULY 14: (L-R) Rudolph W. Giuliani, Donald Trump, Mayor Michael R. Bloomberg, Bill Clinton, Joe Torre, and Billy Crystal attend the 2008 Joe Torre Safe at Home Foundation Golf Classic at Trump National Golf Club on July 14, 2008 in Briarcliff Manor, New York. (Photo by Rick Odell/Getty Images)
UNITED STATES - MAY 04: Mayor Rudy Giuliani and Donald Trump at news conference at the GM Building, where CBS announced that Bryant Gumbel will be the host of its new morning news program, 'This Morning.' Show, to be launched Nov. 1, will broadcast from Trump's International Plaza Building., (Photo by Andrew Savulich/NY Daily News Archive via Getty Images)
UNITED STATES - MAY 04: Mayor Rudy Giuliani is flanked by CBS President Leslie Moonves (left) and Donald Trump at news conference at the GM Building, where CBS announced that Bryant Gumbel will be the host of its new morning news program, 'This Morning.' Show, to be launched Nov. 1, will broadcast from Trump's International Plaza Building., (Photo by Andrew Savulich/NY Daily News Archive via Getty Images)
UNITED STATES - MAY 04: Mayor Rudy Giuliani and Donald Trump at news conference at the GM Building, where CBS announced that Bryant Gumbel will be the host of its new morning news program, 'This Morning.' Show, to be launched Nov. 1, will broadcast from Trump's International Plaza Building., (Photo by Andrew Savulich/NY Daily News Archive via Getty Images)
UNITED STATES - MAY 04: Mayor Rudy Giuliani considers a question as Donald Trump looks on at news conference at the GM Building, where CBS announced that Bryant Gumbel will be the host of its new morning news program, 'This Morning.' Show, to be launched Nov. 1, will broadcast from Trump's International Plaza Building., (Photo by Andrew Savulich/NY Daily News Archive via Getty Images)
NEW YORK, UNITED STATES: This 13 September 1999 file photo shows New York City Mayor Rudy Giuliani (L) with Donald Trump (R) during the NYC2000 fashion show in New York City. Trump announced 07 October that he plans to form an exploratory committee to help him decide whether to seek the Reform Party nomination for president. (Photo credit should read MATT CAMPBELL/AFP/Getty Images)
NEW YORK, UNITED STATES: New York City Mayor Rudy Giuliani (L) jokes with Donald Trump (R) as they take a walk down the runway during the NYC2000 fashion show in Times Square 13 September, 1999, in New York City. The show which featured more than 90 clothing designs as well as a performance by singer Trisha Yearwood was held in conjunction with the Seventh on Sixth Fashion Week Spring 2000 Collections. AFP PHOTO Matt CAMPBELL (Photo credit should read MATT CAMPBELL/AFP/Getty Images)
BRONX, NY - OCTOBER 15: Real estate magnate Donald Trump talks with former New York City mayor Rudy Giuliani while current mayor Michael Bloomberg (far R) eats popcorn before the start of game 6 of the American League Championship Series between the Yankees and Boston Red Sox on October 15, 2003 at Yankee Stadium in the Bronx, New York. (Photo by Ezra Shaw/Getty Images)
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