Michelle Obama took a subtle swipe at President Donald Trump and the possibility that he might be indicted in special counsel Robert Mueller's probe into Russian meddling in the 2016 presidential election.

Speaking in Detroit on Tuesday, the former first lady spoke about the scrutiny she and her family faced as a black family in the White House. "We can't make mistakes. We can't get indicted," the Detroit Free Press reported.

The crowd roared in approval, according to the newspaper, and video footage of the event. Obama gave a pause when she mentioned indictment, which the crowd eagerly filled with laughter.

Obama said there was a double standard in how Trump and his family is treated, compared to how she, Barack Obama, and their family were treated while in the White House.

"There is a difference in standards," she said. "We are seeing that right now. We live with double standards all the time."

Trump has been implicated in felonies by federal prosecutors, though he has not been charged with a crime and he maintains his innocence.

Several legal experts told Business Insider that perhaps the only reason Trump has not been indicted is because he is president. The US Constitution does not that say a sitting president cannot be indicted, but it would go against Justice Department policy.

On Wednesday, The New York Times published an opinion piece by a former Justice Department legal expert saying that Trump could technically be indicted, even though it is not a likely outcome.

Barack Obama has previously commented on the high number of people close to Trump who have been charged with crimes or investigated for corrupt activity.

"Not only did I not get indicted, nobody in my administration got indicted," he said in a speech in November.

"By the way, it was the only administration in modern history that that can be said about. In fact, nobody came close to being indicted, probably because the people who joined us were there for the right reasons."