After former New York City mayor and current Donald Trump lawyer Rudy Giuliani claimed special counsel Robert Mueller admitted he can’t indict a sitting president, a conservative legal analyst explained to Fox & Friends the complicated rules surrounding the potential outcome of the investigation.
“I don’t know what Bob Mueller told Rudy Giuliani,” Judge Andrew Napolitano said Thursday morning, “but there are actually two memos in the [Department of Justice]. One says the president can be indicted, the other says the president cannot be indicted.”
When former President Bill Clinton pleaded guilty to lying under oath, the judge continued, he took an agreement that “looks like an indictment but it doesn’t involve the grand jury.” Former Trump aides George Papadopoulos and Michael Flynn also agreed to such agreements, Napolitano noted.
“Can they do that with a president?” he mused. “They did it with Bill Clinton.”
Napolitano admitted that current guidelines barring presidents from being indicted prior to impeachment are “political” decisions made in the House of Representatives, but also that one of the Clinton-era DOJ memos allows presidents to be “indicted but not prosecuted” until after they leave office.
When host Brian Killmeade asked if public pressure, as exerted by Trump’s legal team and surrogates, can bring a close to Mueller’s “endless” investigation, Napolitano insisted Mueller’s team could care less.
“These guys don’t care,” the judge said. “Their job is to do the right thing no matter what the public thinks.”
Watch below, via Fox News: