This legal expert is convinced that Trump is already the target of a criminal DOJ investigation
President Donald Trump at Trump National Golf Club Bedminster (screengrab)

On Thursday, writing for MSNBC, former federal prosecutor Glenn Kirschner laid out why he believes there is already a criminal investigation into former President Donald Trump at the Department of Justice.

"Why am I so convinced that the Justice Department is criminally investigating Trump?" wrote Kirschner. "Simple: The standard for the FBI and the Justice Department to open a criminal investigation is 'adequate predication.' That's just a fancy way of saying there is some evidence that a crime may have occurred. More precisely, the FBI's Domestic Investigations and Operations Guide defines 'predication' as some evidence that 'an activity constituting a federal crime ... has or may have occurred, is or may be occurring.'"

The key event that puts Trump in legal jeopardy, argued Kirschner, is when he tried to strongarm the Justice Department into hunting for evidence of election fraud, despite openly suggesting he knew it didn't exist, telling them to just "say that the election was corrupt" and "leave the rest to me."

"I defy a single person with any prosecutorial experience to plausibly argue that there is insufficient evidence to investigate whether a crime 'may have occurred,'" wrote Kirschner. "I have confidence that the Justice Department has 'adequate predication' that Trump may have committed an election-related crime and is investigating accordingly."

In addition to this potential liability, Trump also faces New York investigators' probe into his business dealings, which has already indicted his former CFO and the Trump Organization but has not yet charged Trump himself with a crime.

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