capacity of the executive branch to perform its constitutionally assigned functions. does this mean that mueller cannot legally indict the president without first going to the supreme court? or does it mean that he should not indict a president? i think it s more a question of should, alex. an internal doj legal opinion like this isn t a binding thing, it s not something someone could enforce in court or use as a basis to get an indictment dismissed. but the nature of the special counsel regulations,ing mule certificate not an independent counsel. he has to report to the deputy attorney general in this case, robert rosenstein, who hopefully will continue in that position. he would have to ask permission, essentially from the doj leadership, to go against a standing or revisit a standing internal justice department legal opinion. it just seems to me very unlikely that mueller would seek that permission. much less that it would be granted. that the department would be persuaded to revi