Fox News' Judge Napolitano Pours Cold Water on Giuliani's Claim A Sitting President Cannot Be Indicted

Fox News legal analyst Judge Andrew Napolitano on Thursday laid out why the argument that a sitting president cannot be indicted may not be the all clear Donald Trump’s legal team hopes it is.


Napolitano was speaking to Fox & Friends about a claim made Wednesday by Trump’s lawyer, Rudy Giuliani, that special counsel Robert Mueller told the president’s team they are following Department of Justice guidelines that say a sitting president cannot be indicted.

“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,” Napolitano said.

The Fox News legal analyst noted that many of the people who have pleaded guilty in Mueller’s probe thus far spoke with the special counsel through what’s called “an information,” which allows suspects to avoid a subpoena.

“There is another DOJ memo—they’re both circa [Bill] Clinton—they’re both late 90s, that says the president can be indicted but not prosecuted until after he leaves office,” Napolitano said.

The judge also took a swipe at the Trump team’s legal strategy, which as of now appears to be: put public pressure on Mueller to end the probe.

“I profoundly disagree,” Napolitano said. “You don’t taunt an alligator before you cross the stream. Prosecutors can really make your life miserable.”

“They’re job is to do the right thing no matter what the public thinks,” he added.

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