Executive Power

Starr Office Memo Argues that a Sitting President May Be Indicted

By Quinta Jurecic
Saturday, July 22, 2017, 1:30 PM

In response to a FOIA request from Charlie Savage of the New York Times, the National Archives have released a memo prepared by the staff of Independent Counsel Kenneth Starr arguing that a sitting president may constitutionally be indicted. The memo takes an opposing view from that of the Office of Legal Counsel, which has concluded that indictment of the president would be unconstitutional.

The memo prepared for Starr is available in full below.