Sen. Richard Blumenthal (D-Conn.) disagrees with Rudy Giuliani's claim that President Trump cannot be indicted.

Giuliani, who joined Trump's legal team last month, told Laura Ingraham on Wednesday that Special Counsel Robert Mueller has told the president's team he will follow Justice Department guidance and not seek an indictment against Trump.

The precedent that federal prosecutors cannot indict a sitting president is laid out in a 1999 Justice Department memo. Giuliani told Ingraham that Mueller has no choice but to follow its guidance.

In an interview on CNN's "The Situation Room," Blumenthal explained why he disagrees.

"The president is not above the law, and an indictment -- if that's the course that Robert Mueller chooses to go -- I believe would be upheld by the courts," Blumenthal said. "It would go the United States Supreme Court. It's an issue that has never been resolved, and that way there is a Department of Justice opinion to the contrary. I happen to think that he could be indicted even if the trial is postponed. "


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On "Outnumbered," Fox News senior judicial analyst Judge Andrew Napolitano said he appreciates that Giuliani is ferociously defending his client, but there are two DOJ memos pertaining to the indictment of a president. 

"One says the president cannot be indicted, the other says the president can be indicted," Napolitano explained.

Katie Pavlich noted that for Mueller to seek an indictment -- or to compel Trump to testify before a grand jury with a subpoena -- he should present significant evidence that a crime was committed.

Kennedy speculated that Mueller telling Giuliani that he will follow DOJ guidance could be an attempt to convince Trump to agree to a face-to-face interview with Mueller's team.

"It seems like they need the president to sit down. They have questions they need him to answer specifically before they can wrap up the investigation," she said. "And they're doing whatever they can through back channels."


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