The Equitable Case of the President

DOJ Office of Legal Counsel here, they have every incentive to write that you can't indict a sitting president. I think it's pretty clear under the constitution and sort of what we're talking about that you cannot put a president through criminal process like arrest and trial while he is the sitting president. You have to impeach him first and remove him from office for all the reasons that the presidency opinion mentions it could be used to move him away from focusing on his job as president.