Fact Check: Kamala Harris Falsely Claims DOJ Memo Reason Trump Not Indicted

Democratic presidential hopefuls Former Vice President Joe Biden (L), Massachusetts Senato
ROBYN BECK/AFP/Getty Images

President Donald Trump has not been indicted because a U.S. Department of Justice memo stating that a sitting president cannot be charged with a crime, Sen. Kamala Harris (D-CA) claimed at the Democrat debate on Thursday night.

“The only reason you’ve not been indicted is because there was a memo in the Department of Justice that says a sitting president cannot be charged with a crime,” Kamala Harris said during the Democrat debate held in Houston, Texas, at Texas Southern University.

However, her claim was debunked by Robert Mueller during a hearing before the House Judiciary Committee in July, Breitbart News reported.

Mueller stated during the hearing:

I want to add one correction to my testimony this morning. I wanted to go back to one thing that was said this morning by Mr. Lieu. It was said, and I quote, “you didn’t charge the president because of the OLC opinion.” That is not the correct way to say it. As we say in the report and as I said in the opening, we did not reach a determination as to whether the president committed a crime.

Harris also claimed the president has sown “hate and division” among the American people and accused him of telling over “twelve thousand lies” as a way to distract from his so-called “failed policies” and “broken promises.”

“I plan on focusing on common issues, our common hopes and desires, and in that way unifying our country, winning this election, and turning the page for America,” Harris said. “And now President Trump, you can go back to watching Fox News.”

In her opening remarks at the Democrat debate, Harris also said, “I have a few words for Donald Trump, who we all know is watching.” 

However, President Trump was, in fact, not watching the debate but delivering a speech at the 2019 House Republican Conference Member Retreat Dinner in Baltimore, Maryland.

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