ass="indent" >   <span 
class="cmti-12">First</span>, a traditional prosecution or declination decision entails a binary determination to
initiate or decline a prosecution, but we determined not to make a traditional
prosecutorial judgment. The Office of Legal Counsel (OLC) has issued an opinion
finding that “the indictment or criminal prosecution of a sitting President would
impermissibly undermine the capacity of the executive branch to perform its
constitutionally assigned functions” in violation of 