Following the publication of a confidential letter sent to special counsel Robert Mueller from President Trump’s legal team arguing, according to The New York Times, “that the president cannot illegally obstruct any aspect of the investigation into Russia’s election meddling,” Fox & Friends co-host Steve Doocy asserted that it is “case law” that “a sitting president cannot be indicted.”
In fact, as The Washington Post fact-checker explained, Supreme Court “justices have never said whether the president can be indicted, nor whether the president can be subpoenaed for testimony.” The Justice Department has issued memos arguing that the president cannot be indicted, but that is not settled case law. Even Jonathan Turley, a legal scholar the president himself has repeatedly cited on Twitter, has argued that “the president can be indicted while in office” and that there is no “strong constitutional argument that people have put forward that the president is somehow immune” to prosecution. Moreover, according to The Atlantic, two “presidents had claimed immunity from legal process while in office; in both cases, the Supreme Court denied the claim.”
From the June 4 edition of Fox News’ Fox & Friends:
ABBY HUNTSMAN (CO-HOST): It sounds more and more like, Steve, that the Trump lawyers are on the offense. They, more than anything, don't want this sit down to happen, and they also don't want a subpoena. So they're doing everything they can.
STEVE DOOCY (CO-HOST): And a sitting president cannot be indicted, I mean, that's just case law. You cannot do it. And so, if he's going to come up with a subpoena, there's going to be a big fight.