”The question of the President’s involvement had been discussed at some length in Justice. Attorneys researching the problem had come to believe that the Constitution precluded the indictment of an incumbent President. If the President could not be indicted, the lawyers reasoned, he could not be called before a grand jury.
Bernstein suggested to another Justice Department attorney that if it had been anyone other than the President, such a pattern of evidence would have meant that person would have been called before the grand jury. The attorney agreed.”
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