WASHINGTON — Special counsel Robert Mueller’s office has told President Donald Trump’s legal team that he won’t indict a sitting president, according to Rudy Giuliani, one of Trump’s lawyers.

“They [the special counsel’s office] acknowledge the fact that they can’t indict us,” Giuliani told NBC News on Wednesday, indicating that the information had been conveyed to Trump’s lawyers. “They know they don’t have that power. So their function is to write a report. We would like it to be the fairest report possible. But even if it isn’t, we’re prepared to rebut it in great detail, so we’d like them to do it.”

He added: “It’s as clear as can be that they don’t have the right to indict under the Justice Department rules. And I know they’re not going to indict.”

Katyal repeated Wednesday that the rules “permit Mueller to depart from DOJ policy.”

Referring to Deputy Attorney General Rod Rosentein, who is acting as attorney general in the context of the Russia investigation because Attorney General Jeff Sessions recused himself, Katyal said on MSNBC’s “All In With Chris Hayes”: “The…