Former New Jersey Superior Court Judge and current Fox News regular, Andrew Napolitano pushed refuted Rudy Giuliani’s claims that Donald Trump cannot be indicted in the Russia investigation, saying Thursday on Fox Business Network that the president is “not above the law.”
A rookie on Trump’s legal team, Giuliani previously told CNN News that Mueller’s team would not be able to indict a sitting president.
Judge Napolitano said:
“The president is not above the law. He can be indicted like anybody else.”
If that phrasing sounds familiar to you, it’s probably because it echoes an archived op-ed by George Conway (husband of Kellyanne) titled ‘No Man in This Country . . . Is Above the Law’ (Clinton: The threat of a flood of suits is contrived to save him embarrassment). As it happens, George Conway is an actual legal expert and a major Trump detractor, despite his wife’s position in the administration.
In his own argument against Giuliani’s assertion, Napolitano referenced what he said are two memoranda within the Justice Department itself, which offer contradicting conclusions on whether a sitting president can be indicted. But, according to Napolitano, the most recent says that evidence of crimes by a sitting president must be sent to the House. He says another memo written one year prior says that a sitting president can indeed be indicted.
He also added: “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 also cautioned Trump’s legal team against resisting a potential subpoena from Mueller’s team as that would open the president up to the possibility of having to appear before a grand jury, in which case he wouldn’t have the luxury of lawyers feeding him answers.