Is it even possible to charge a sitting president? The U.S. Justice Department says no. The group’s current position, dating back to a 1973 memo during Watergate, is that a sitting president cannot be indicted for a crime. UVA law professor Saikrishna Prakash is an expert in presidential power and the author of “The Living Presidency,” which argues against the persistent expansion of executive powers. Prakash pointed out that of all federal officials, the president alone enjoys this type of legal immunity.