is still in office, and it's generally understood that the special counsel has to follow department of justice guidelines but it's also true that there are trap doors in those doj guidelines. trap doors that might mean actually there is a way to indict a sitting president. quote, should the special counsel conclude that the extraordinary circumstances of any particular decision would render compliance inappropriate, he or she may consult directly with the attorney general. so, if robert mueller feels the state of the russia investigation rises to the level of extraordinary circumstances, he could in theory at least ask deputy attorney general rod rosenstein for a hall pass to ignore that olc memo about not indicting a sitting president and, by the way, that's not the only trap door. there's another one snack dab on the office of legal counsel's home page.