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Kushner and Jr. could still be prosecuted -- in 2021 -- if Trump isn't President then.
If Mueller had indicted them, Trump would have almost certainly pardoned them. He probably wouldn't have even allowed them to go to trial.
Maybe that was what was meant about Mueller declining to prosecute because a conviction might not be sustainable. But if the DOJ waited till Trump wasn't President anymore, then the threat of pardons would drop greatly. A conviction COULD be sustainable.
