Judge Andrew Napolitano, who President Trump once called a “talented legal mind,” pushed back against Rudy Giuliani’s claims that Trump cannot be indicted, saying Thursday on Fox Business Network that the president is “not above the law.”
Giuliani told CNN on Wednesday that special counsel Robert Mueller’s team told Trump’s lawyers that they cannot indict a sitting president. However, Fox News’s Napolitano disagrees.
“The president is not above the law,” Napolitano said. “He can be indicted like anybody else.”
The Hill added:
Napolitano referenced what he said are two Justice Department memoranda that offer contradicting conclusions on whether or not a sitting president can be indicted. The most recent, issued after the impeachment of former President Clinton, says that evidence of crimes by a sitting president must be sent to the House.
Napolitano said that the same team wrote another memo one year earlier that says a sitting president can be indicted. That memo was unearthed by the New York Times in 2017, and contradicts the generally-accepted view that presidents cannot be indicted.
“They can’t indict. At least they acknowledged that to us after some battling. They acknowledged that to us,” Giuliani said to CNN.
Napolitano also said that Trump can be subpoenaed, according to a Supreme Court decision: United States v. Nixon.
“In terms of subpoenaing, I respectfully would invite Mayor Giuliani’s attention to a Supreme Court opinion called ‘United States v. Nixon’ which upholds the authority of the Justice Department to subpoena the president of the United States,” he said.
“He will not have his lawyers there whispering in his ear,” Napolitano added. “He’ll be totally exposed to the grand jurors and the prosecutors.”
It is currently not known whether or not the president will sit down with Mueller for an interview.