Special counsel Robert Mueller has “ample evidence” to indict President Donald Trump relating to crimes he committed prior to taking office, according to Fox News legal analyst Andrew Napolitano.
Andrew Napolitano, a former New Jersey superior court judge, said he believed a grand jury subpoena for Mr Trump – in which he would be compelled to provide testimony in court – is now a genuine possibility.
“I think that Bob Mueller knows that he needs to lock the president in to a version of events before he takes the next step, whatever the next step is, whether it’s an indictment or referral,” he told host Shepherd Smith.
Asked further about a potential indictment, Napolitano pointed to comments by federal judge William Pauley during the sentencing last week of Trump’s personal attorney, Michael Cohen.
Judge Pauley said in open court that Mr Trump had directed Mr Cohen to commit a federal crime when the lawyer agreed to arrange hush money payments to two women who claim they had affairs with the former reality TV show participant.
Napolitano said it “doesn’t require too much analysis” to arrive at the conclusion that Mueller has plenty of evidence for an indictment — it’s a matter of whether he wants to do it.
“The DOJ has three opinions on this. Two say you can’t indict a sitting president, one says you can, but all three address the problem of ‘What do you do when the statute of limitations is about to expire?’
“All three agree in that circumstance, you indict in secret, keep the indictment sealed, and release it the day he gets out of office.”
“You can’t let a person go scot free because they happen to be in the White House.”