Victoria Toensing joined Hugh Hewitt this morning.
HH: When I joined the Department of Justice in 1984 as a very young special assistant to William French Smith, there was this hotshot deputy assistant attorney general for the criminal division that everyone said don’t get in an argument with Vicki Toensing. And I never did. I just stayed along the wall when she would come and brief the AG. And so she has become, of course, one of the country’s best known white collar defense lawyers, along with her husband, Joe DiGenova in the firm of DiGenova-Toensing LLP, one of the best white collar defense lawyers and Constitutional law experts. She wrote ten days ago about the President’s vulnerability of not to being indicted and subpoenaed, and she joins me to talk about that. Good morning, Vicki, how are you?
VT: Boy, it’s good to talk to you on this wonderful day, finally, in Washington.
HH: Yeah, finally. We’re getting a little bit of spring instead of summer. Vicki Toensing, you said last week the President cannot be indicted. Would you explain that to the people who are listening? I hold the same view. I’ve said it many times. But you’ve got the authority here. Why can’t a president be indicted?
VT: There are two OLC opinions, and OLC, as you well know, is the Office of Legal Counsel. And it really is, although it’s housed in the Justice Department, it really speaks on the law for the entire executive branch. And both of these opinions, one by a Republican Justice Department, and one by a Democratic Justice Department, state that the president cannot be indicted for not only Constitutional reasons, but also for very practical reasons, and I can go into them.
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