while the OLC opinion concludes that a sitting President may not be prosecuted, it recognizes that a criminal investigation during the President’s term is permissible.1286 The OLC opinion also recognizes that a President does not have immunity after he leaves office.1287
Second, while the OLC opinion concludes that a sitting President may not be prosecuted, it recognizes that a criminal investigation during the President’s term is permissible. 1286 The OLC opinion also recognizes that a President does not have immunity after he leaves office. 1287 And if individuals other than the President committed an obstruction offense, they may be prosecuted at this time. Given those considerations, the facts known to us, and the strong public interest in safeguarding the integrity of the criminal justice system, we conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available.
Footnotes
1286. OLC Op. at 257 n. 36 (“ A grand jury could continue to gather evidence throughout the period of immunity”).
1287. OLC Op. at 255 (“ Recognizing an immunity from prosecution for a sitting President would not preclude such prosecution once the President’s term is over or he is otherwise removed from office by resignation or impeachment”).
