Pelosi: ‘It Is Not the Law’ That Sitting President Can’t Be Indicted

Incoming House Speaker Nancy Pelosi (D., Calif.) said it was "not the law" that President Donald Trump could avoid indictment while in office, in accordance with Justice Department guidelines.

NBC's Savannah Guthrie asked Pelosi in an interview airing Thursday about the Robert Mueller investigation and whether his authority could extend to indicting Trump, if it came to that.

"Do you believe the special counsel should honor and observe the Department of Justice guidance that states a sitting president cannot be indicted?" Guthrie asked.

"I do not think that is conclusive. No, I do not," Pelosi said.

"So you think it's possible that special counsel Mueller could legally indict a sitting president?" Guthrie asked.

Pelosi responded that they should wait to see what Mueller does. Guthrie noted it was a "guidance" but "not the law" regarding the Justice Department's position on whether a sitting president could be indicted.

"It's not the law," Pelosi said. "Everything indicates that a president can be indicted after he is no longer President of the United States."

"What about a sitting president?" Guthrie asked. "A president who is in office?"

"I think that is an open discussion. I think that is an open discussion in terms of the law," she said.

Pelosi is poised to regain the speaker's gavel this week after eight years serving as the minority leader in the House of Representatives. Democrats regained the majority in November's midterms, although Republicans picked up two seats in the Senate.