FWIW...the short answer is.... probably not.
A precis of where its at.......
In 1973, amid theWatergate scandal, theDepartment of Justice'sOffice of Legal Counsel(OLC) issued a memorandum concluding that it is unconstitutional to prosecute a sitting president.[23]Its arguments include that the president "is the symbolic head of the Nation. To wound him by a criminal proceeding is to hamstring the operation of the whole governmental apparatus in both foreign and domestic affairs."[24]It says that the statute of limitations should not be tolled while the president is in office, but suggests that Congress could extend the statute of limitations specifically for presidents.[25]After the U.S. Supreme Court's decision inClinton, the OLC issued a second memorandum in 2000, distinguishing civil and criminal presidential immunity and determining that it was still improper to prosecute a president due to the adverse affect it might have on his ability to govern.[26]
Neither memorandum has force of law, but both are binding within the Department of Justice. Because they were not promulgated with room forpublic comment, they do not qualify asadministrative laweither; rather, they are an internal prosecutorial policy.[27]The memoranda are not taken to bar investigating the president or even announcing a determination that the president has broken the law, as Nixon, Clinton, andDonald Trumphave all been subject to criminal investigations while in office.[28]
