This is discussed in Renato Mariotti's podcast with former Solicitor General Neal Katyal (who, incidentally, wrote the Special Prosecutor's regulations for Mueller's probe). They agree that this is a senseless argument because it would mean that a person could simply skirt any criminal consequences by merely being in office until the statute ran. They also suggest that, since the situation of indicting a sitting president has never been adjudicated and prohibited, Trump could indeed be indicted, putting the statute of limitations in stasis until he leaves office, at which time it would resume running.I've misstated the case there in that last sentence. I'm still not entirely clear on the matter, but here are some comments from Mariotti's Twitter account on the subject of a possible indictment being or already having been levied against Trump but under seal:
Monday, December 10, 2018
Correction to a previous post
In a post yesterday I wrote this about an indictment and the statutes of limitations as it might apply to Trump:
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