Can Trump be indicted while he is president? According to Andrew Napolitano, the Department of Justice (DOJ) has guidelines regarding its ability to indict any sitting president. However, those are simply DOJ guidelines. This has never been tested through the courts. It is possible that the courts could very well indict 45.
Donald Trump has truly always believed that he is always the smartest person in the room. He thinks that he could be his own chief of staff, he’s smarter than all of his generals, and he can out talk Robert Mueller in his investigation into Russian attacks on the U.S. 2016 election and a Trump-Moscow conspiracy.
On Fox News, legal analyst Napolitano gave a hint into what has been going on behind the scenes with the Southern District of New York (SDNY) on America Newsroom.
‘The Justice Department has all kinds of rules and regulations. They have three legal opinions on whether a sitting president can be indicted. Two say no, and one says yes. But all three agree that if the statute of limitations is about to expire, then the government needs to do something to stop the running of the statute of limitations, which would mean a secret indictment, about which the public doesn’t know.’
Napolitano continued, saying the SDNY has “corroborated evidence” to support its claims:
‘This is the Southern District of New York. This is the oldest and most prestigious federal prosecutors’ office in the country. They would not make an allegation like that if they did not have corroborated evidence to support it. And they cannot make an allegation like that unless they’re going to do something with it.’
Southern District of New York prosecutors released a new memo days ago about Trump’s former personal attorney and self-described fixer, Michael Cohen. The SDNY prosecutors argued:
‘(Cohen) acted in coordination with and at the direction of (Trump).’
The fixer paid hush money to two women, Playboy model Karen McDougal and adult entertainer Stormy Daniels. If their stories had come out after the tape of the almost-president telling how he was so wealthy he could kiss any women and worse.
POTUS just denied any criminal activity, blaming Cohen for acting on his own. Sure, he slept with the women when his son was an infant, but that was not a crime, or even apparently wrong, in his mind. However, the SDNY filing refers to the president as “Individual-1.”
Cohen expected to get parole and no jail. After all, he cooperated with the Mueller investigation. The problem was that the SDNY expected Cohen to tell them everything about his crimes, from stealing a candy bar at the grocery when he was just five to parking in a disability-only parking space yesterday. The president’s former fixer said no. SDNY said he was looking at a 42-month sentence for tax fraud, lies to his bank, and campaign finance law violations.
Former federal prosecutor Andrew McCarthy was also on Fox News. He agreed with Napolitano, saying the future was clear:
‘(Southern District of New York was) going after the president on campaign finance violations. (And Trump will be) indicted eventually.’
Featured image is a screenshot via YouTube.