Does he propose indicting Obama, possibly touching off violence 10 times worse than the Rodney King riots, and maybe resulting in assassination attempts against himself and/or the President?
Or does he make Obama an "unindicted co-conspirator" (like Nixon was), explaining that it would be too divisive for the country to prosecute the first black President?
Or does he pretend that there is no evidence linking Obama to the conspiracy?
It depends upon whether he is an Institutionalist or a Constitutionalist; I opine the former.
It is not his job to second guess the law with respect to potential societal consequences. He is neither a judge nor a jury.
We either have rule of law or not. (I say we do not, and that everything in the District of Corruption is brokered.)