Fiery 'What Are We Doing?': Levin Explains Why Trump Can't Be Indicted
Mark Levin had a fiery reaction to the revelation that Deputy Attorney General Rod Rosenstein told President Trump last week that he is not a target in the Michael Cohen investigation.
This came weeks after Trump was told that he was not a target of Special Counsel Robert Mueller's investigation into possible collusion between the Trump campaign and Russia, according to reports.
Levin pointed to two memoranda -- one from the Nixon administration and one from the Clinton administration -- that clearly spell out that a sitting United States president cannot be indicted.
The October 2000 memo from the Clinton Justice Department says:
In 1973, the Department concluded that the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions. We have been asked to summarize and review the analysis provided in support of that conclusion, and to consider whether any subsequent developments in the law lead us today to reconsider and modify or disavow that determination. We believe that the conclusion reached by the Department in 1973 still represents the best interpretation of the Constitution.
"Did they issue another memo over there at the Justice Department reversing these two memos during the NIxon administration and the Clinton administration? No!" Levin said on "Hannity" on Thursday.
He said that despite that, Rosenstein -- the deputy attorney general of the U.S., who's been overseeing Mueller's investigation -- told Trump that he's not a criminal target.
"Dammit, he can't be a criminal target under the memoranda that have been written by the Justice Department!" Levin said.
He added that Justice Department regulations require a special counsel to follow the rules, regulations and policies of the department.
"Mr. President, don't sit down with this special counsel. This special counsel doesn't have the power to indict you, and for good reason," Levin said. "So what are we doing?"
Watch his comments above and see more from Levin below from Friday's "Fox & Friends."
Watch "Life, Liberty & Levin" on Fox News Channel, Sundays at 10pm ET! This week, Mark will talk to Dr. Peter Pry about the threat of an attack on the U.S. electrical grid.