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@mikiebarb @nytmike there's an important nuance about your first scenario that you skate over in your podcast this morning: because of OLC's extant opinions on the subject, Mueller will almost certainly not--as you guys say--"recommend charges" against POTUS.
The question is how he will handle a situation in which he (a) finds criminal conduct but for one discretionary reason or another decides it should not be charged irrespective of POTUS's status or (b) finds criminal conduct he would charge but for POTUS's status.
The other wrinkle, particularly in the obstruction arena, is the situation in which he finds conduct that would be unambiguously criminal in any person OTHER than POTUS but which Article II arguably authorizes.
For example, what if Mueller concludes that POTUS repeatedly acted corruptly to impede the investigation in a pattern of obstructive conduct but acted only within the four corners of his constitutional powers?
