Fox News senior judicial analyst Judge Andrew Napolitano said he still thinks President Donald Trump could be indicted by special counsel Robert Mueller, on “Fox & Friends” Thursday, and urged his legal team to stop taunting the special counsel.
“It’s actually been more than a year. Bob Mueller was appointed a year ago today. But the investigation actually began in October of ’16. So we’re close to approaching two years on this,” Napolitano said. “I don’t know what Bob Mueller told Rudy Giuliani, but there are actually two memos in the DOJ. One says the president can be indicted and the other says the president cannot be indicted.” (RELATED: Judge Napolitano Explains How Sports Betting Ruling From SCOTUS Can Help Sanctuary Cities)
Napolitano said the Department of Justice memos date back to former President Bill Clinton’s impeachment in the 1990s and they state the president may be indicted, but cannot be prosecuted until he leaves office.
“There is another DOJ memo as I mentioned to you, they’re both circa Clinton. They’re both late 90’s, which says the president can be indicted but not prosecuted until after he leaves office,” Napolitano continued. “You might have to indict him to stop the running of a statute of limitations. The time period during which the prosecution must commence or be waived.”
Trump’s legal team should discuss all matters related to the investigation in private and avoid any public spectacles that could incite Mueller or his associates, Napolitano said.
“You don’t taunt an alligator until after you cross the stream. Prosecutors can really make your life miserable,” he concluded. “I would argue with them in private. I would show them what evidence we had in private. I would challenge their evidence in private. But I wouldn’t challenge them in public because you’ve got to be careful what you ask for.”
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