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Fox’s Judicial Analyst Shuts Down Giuliani’s Claim That Trump Can’t Be Indicted: ‘He Is Not Above The Law, Can Be Indicted’

Fox News senior judicial analyst Judge Andrew Napolitano on Thursday shut down President Trump’s attorney Rudy Giuliani after the former New York mayor claimed that the Mueller team won’t indict Trump and the fallout from Trump lawyer Michael Cohen’s payment to Stormy Daniels.

Giuliani said Wednesday that his client won’t be indicted because of Department of Justice rules against indicting a sitting president, but Napolitano thinks otherwise.

“I don’t know what Bob Mueller told Rudy Giuliani, but there are actually two memos from the DOJ on presidential legal matters,” Napolitano told “Fox & Friends” program. “One says the president can be indicted.”

Napolitano pointed out that when former President Bill Clinton pleaded guilty to lying under oath, “they waved in front of him an indictment, saying ‘do you want us to bring this to a grand jury? He said, ‘no, I’ll plead to an information.'”

A bill of information is a written statement that accuses a person of a crime, and Napolitano said that differs from an indictment because it does not involve a grand jury.

Napolitano said both memos date to the late 90s, when Clinton was facing his legal issues. The second memo says a president can be indicted, but that he or she can’t be prosecuted while still in office, the judge said.

Watch Napolitano’s interview below, via Fox News.

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