Giuliani: 'Encouraged by recent communications with special counsel'

The president has waffled on whether he wants to meet with Mueller.

Mueller's team, which is notoriously tight-lipped, has not responded to a request for comment.

“They can’t indict,” Giuliani repeated to ABC News after first telling the New York Times the same on Wednesday.

A Department of Justice Office of Legal Counsel opinion in 2000 said the indictment or criminal prosecution of a sitting president would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.

Giuliani also repeated Trump wants to sit down for an interview but no final decision has been made.

For his part, President Trump said earlier this month he would “love to” talk to Mueller.

"Nobody wants to speak more than me — in fact, against my lawyers. Because most lawyers say, 'Never speak with anybody.' I would love to speak, because we've done nothing wrong," Trump said May 4.

"I have to find that we're going to be treated fairly,” Trump added. “Because everybody sees it now and it's a pure witch hunt."