Fox News legal analyst Andrew Napolitano had some bad news for President Donald Trump and his new lawyer Rudy Giuliani on Thursday morning. It turns out Trump can be indicted after all.
On Wednesday, Giuliani claimed on CNN that Special Counsel Robert Mueller told him that Trump can’t be indicted. He said:
“All they get to do is write a report. They can’t indict. At least they acknowledged that to us after some battling, they acknowledged that to us.
The Justice Department memos going back to before Nixon say that you cannot indict a sitting president, you have to impeach him. Now there was a little time in which there was some dispute about that, but they acknowledged to us orally that they understand that they can’t violate the Justice Department rules. We think it’s bigger than that. We think it’s a constitutional rule, but I don’t think you’re ever going to confront that because nobody’s ever going to indict a sitting president. So, what does that leave them with? That leaves them with writing a report.”
Giuliani’s claims baffled Napolitano, who told Fox & Friends that Trump could still be indicted because of competing memos at the Department of Justice. Napolitano said:
“I don’t know what Bob Mueller told Rudy Giuliani. But there are actually two memos in the DOJ. One says the president can be indicted, the other says the president cannot be indicted. And when Bill Clinton plead guilty to lying under oath they waived in front of him an indictment.”
An indictment that did not involve a grand jury, the same kind of indictment used against disgraced former National Security Adviser Michael Flynn by Mueller.
Furthermore, Napolitano explained that another memo exists from the Clinton-era saying that a sitting president can be “indicted but not prosecuted” until after they leave office.
Napolitano also urged Giuliani and Trump’s team to stop publicly challenging Mueller because doing so will only make things worse for their case in the long run.
Here’s the video via YouTube.
So, Trump can still be indicted. That means Giuliani is full of crap as usual and is merely posturing in an effort to try to end the investigation.
Giuliani has even argued that since Trump allegedly can’t be indicted that it means he can’t be subpoenaed to testify either. But that’s wrong. Sitting presidents have been subpoenaed before and they have complied with those subpoenas. The president is not above the law, and neither is Trump. Even Giuliani once believed that.
Let’s hope Mueller calls Giuliani’s bluff. Because if Trump lies under oath, Mueller can pull out an indictment just like what happened to Clinton 20 years ago.
Featured Image: YouTube screenshot.