had had confidence that the president clearly did not commit a crime, we would have said so. we did not, however, make a determination as to whether the president did commit a crime. the introduction to the volume two of our report explains that decision. it explains that under long standing department policy, a president cannot be charged with a federal crime while he is in office. that is unconstitutional. even if the charge is kept under seal and hidden from public view, that, too, is prohibited. the special counsel's office is part of the department of justice and by regulation, it was bound by that department policy. charging the president with a crime was therefore not an option we could consider. the department's written opinion explaining the policy makes several important points that