Former Asst. U.S. Attorney Andrew McCarthy weighs in on Special Counsel Robert Mueller's final statement on the Russia probe with FOX News Channel's Sandra Smith:
ANDREW MCCARTHY: This is an explosive statement. We're going to be talking about impeachment for the foreseeable future. What Mueller said, which runs against what we had heard up until now, but was certainly suggested in his report, was that the Office of Legal Council guidance was the reason why they didn't make a decision about obstruction.
On the legal merits of that, I think he is completely wrong. I think it was his responsibility to make a decision about whether there was a prosecutable case, and then it would have been up to the attorney general and the Justice Department to decide whether to invoke the guidance about whether a sitting president can be indicted. But whether I'm right or wrong about that, what Mueller said was the reason we didn't draw a conclusion about obstruction is because the president couldn't be charged anyway so there was no point in indicting him.
And then he took the next step of saying, in any event, in this system the way that you discipline presidential excess is not left to federal prosecutors. And what he meant by that, obviously, is it is left to Congress in the impeachment process, so pretty explosive.