“Jack Quinn was the White House counsel in the Clinton administration and is a partner at Manatt, Phelps & Phillips. Rob Weiner was the associate deputy attorney general in the Obama administration and senior counsel in the White House counsel’s office in the Clinton administration. He is currently a partner at Arnold & Porter. The opinions expressed in this commentary are theirs.

(CNN)On Wednesday, President Donald Trump’s lawyer, Rudy Giuliani, said that Special Counsel Robert Mueller and his team have concluded that they can’t indict a sitting president, simply because Justice Department guidelines prohibit such an action.

Whether or not President Trump should be indicted, he can be indicted. Giuliani’s statement, which he attributes to Mueller, is not, in fact, etched in constitutional granite.