Donald Trump Jr. and Jared Kushner may be left out of the report issued by special counsel Robert Mueller, even if they did something "really terrible" during the 2016 campaign.
Matthew Miller, an MSNBC legal analyst and former Justice Department spokesman, told "Morning Joe" that Mueller could indict President Donald Trump's son and son-in-law, if he finds evidence of criminal wrongdoing, but he may potentially leave them out of his report altogether.
"If (Trump Jr.) committed a crime, I think Bob Mueller would indict him," Miller said.
The former Obama administration official said Mueller could refer the pair to other prosecutors, as he has for other Trump associates, but he said that was unlikely.
"That's a lot of weight to carry to ask the U.S. attorney to indict the president's son," Miller said. "I think you would see Mueller do that himself."
"One of the things people are missing about the conclusion of this investigation," Miller said, "if he looks at, say, Don Jr. or Jared Kushner and decides what they did was really terrible -- (if) they came right up to the line of committing a crime and didn't cross that line, I don't think we should expect to see that in a public report. That was a mistake that I think we all agree Jim Comey made, in talking about Hillary Clinton."
"Donald Trump Jr. is a private citizen, Jared Kushner works for the government but isn't an elected official -- could be indicted," Miller added. "If he has evidence about them that doesn't quite rise to criminality, he shouldn't be talking about it publicly. Very different ballgame when it comes to the president, which in DOJ's conclusion, can't be indicted."