Before everyone gets too excited: Starr said the Constitution allows indicting POTUS, but that Mueller can't do so given DOJ precedent. 1/
As noted in this excellent @charlie_savage piece, it was reported at the time that Starr had concluded that Clinton could be indicted, and Starr even prepared a draft indictment. 2/ nytimes.com/2017/07/22/us/…
As I discussed in this piece, Starr had more running room than Mueller -- under the now-defunct independent counsel statute, Starr essentially had no boss and could ignore DOJ precedents where "inconsistent with the purposes" of that statute. 3/
By contrast, the special counsel regulations that apply to Mueller require that he "abide by all Justice Department “rules, regulations, procedures, practices and policies” 4/
DOJ's Office of Legal Counsel opined in 1973 and 2000 that a sitting POTUS can't be indicted. Unless Rosenstein ignores those opinions (he won't) or OLC flips its position after he asks them to take another look (possible but very unlikely), Mueller won't indict Trump. 5/end
