Former special counsel Robert Mueller testified Wednesday that he did not indict President Donald Trump on obstruction of justice charges because of Department of Justice guidelines barring a sitting president from being indicted — but later clarified his remarks.
The confusion came amid questioning from Democratic Rep. Ted Lieu of California during Mueller's testimony to the House Judiciary Committee.
Lieu recounted the three elements needed for the crime of obstruction of justice.
"I believe a reasonable person looking at these facts could conclude that all three elements of the crime of obstruction of justice have been met, and I'd like to ask you the reason, again, you did not indict Donald Trump is because of the OLC (the DOJ's Office of Legal Counsel) opinion stating that you cannot indict a sitting president, correct?" Lieu asked.
"That is correct," Mueller asked.
Former U.S. Attorney for the Southern District of New York Preet Bharara — an Obama appointee who was initially asked to stay on the job by Trump before the president changed his mind and fired him — tweeted the exchange was "very very close to Mueller saying that but for the OLC memo, Trump would have been indicted."
MSNBC legal analyst Ari Melber was less sure about the meaning of the exchange.
"Lieu's suggestion is along the lines that 'a crime was found but could not be charged.' But that’s not what the report says. So there may be further debate about what Mueller meant by his reply to Lieu," Melber wrote.
The former FBI director had said in his report he never reached a decision on whether Trump could or should be charged with obstruction because of the OLC guidance.
In Mueller's opening statement that came later before the House Intelligence Committee, the former special counsel said he wanted to "correct the record" on his exchange with Lieu.
"That's not the correct way to say it," Mueller said.