WASHINGTON — Former special counsel Robert Mueller is affirming that a president can be charged with crimes after leaving office.

He says Justice Department guidelines prevented him from considering charges against President Donald Trump while he is in office.

Because of the longtime Justice Department guidance that a sitting president cannot be indicted, Mueller says “one of the tools a prosecutor would use is not there.”

WATCH: Mueller dismisses Trump’s claim of ‘exoneration’

Mueller has said his investigators could not exonerate Trump on obstruction of justice. His report said they did not find sufficient evidence to establish charges of criminal conspiracy between the Trump campaign and Russia.

Mueller is testifying Wednesday before the House Judiciary Committee about his Russia investigation.

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