Ex-prosecutor tells Merrick Garland indicting Trump might be difficult — 'but it's also the right thing'

Former federal prosecutor Elie Honig referred to Don McGahn's testimony to the Judiciary Committee as proof of the most flagrant obstruction of justice in the entirety of special counsel Robert Mueller's Russia report.

Speaking to CNN host Don Lemon Wednesday, Honig said that McGahn had the good sense to avoid former President Donald Trump and hope that his demand to obstruct justice would just blow over. It didn't, however, and that's what McGahn made clear to Mueller and to the committee when he testified.

"Eventually, Trump said, I need you to lie about it and make a false document about it. I don't care how strongly you want to defend Donald Trump, no president has to power to instruct someone to create a false document," Honig said, referring to Attorney General Merrick Garland's overly broad concept of executive privilege.

Lemon then recalled the piece of McGahn's testimony in which he revealed Trump told him to "deny this" and say something that is false.

"Yeah. It's the coverup," said Honig. "Donald Trump is telling his White House counsel, I need to you make up a fake story. That's why I'm looking down the street at the Justice Department. It's taken Congress two years to get McGahan's testimony. It's a lot of people's fault, but now the only entity that can do anything about this is the Justice Department."

He noted that another thing that happened today is that Attorney General Merrick Garland said that no one should be treated any better or worse under the law simply because of who they are.

"Does that principle apply to Donald Trump? That's my question to Merrick Garland," said Honig.

He went on to say that it was clear McGahn's testimony was consistent with what he told Mueller and that it's over. Congress has done everything it can do once it recommended to the DOJ that charges be filed.

"I think Jerry Nadler got slow-played," said Honig. "It doesn't mean it's over. Merrick Garland has a job to do. I understand it's a difficult thing, but sometimes as a prosecutor, you have to do difficult things if they're also the right thing."

See the video below:

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