Andrew Napolitano appeared on Fox & Friends Thursday morning to offer his analysis of Trump lawyer Rudy Giuliani‘s claim that the special counsel said it could not indict a sitting president, and laid out the nuances of those laws.
The Fox News judicial analysis explained that the Justice Department has two memos, both drafted during Bill Clinton‘s administration: “one says the president can be indicted, the other says the president cannot be indicted.”
Fox & Friends host Steve Doocy pointed out Giuliani’s comments that the president needs to be impeached by the House before he can be indicted.
Napolitano reiterated that there is another DOJ meme that holds “the president can be indicted but not prosecuted before he leaves office,” so as to “stop the running of the statute of limitations.”
Brian Kilmeade asked if Trump surrogates’ strategy to put public pressure on special counsel Robert Mueller to wrap up his “endless” investigation will work.
“I profoundly disagree,” Napolitano said. “You don’t taunt an alligator before you cross the stream. Prosecutors can really make your life miserable.”
“The public could put the pressure to stop this thing,” Kilmeade replied.
“These guys don’t care,” Napolitano replied, referring to Mueller’s team. “They’re job is to do the right thing no matter what the public thinks.”
Watch above, via Fox News.
[image via screengrab]
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