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Former DOJ Chief of Staff Mark Levin blasted special counsel Robert Mueller's investigation into President Trump.

Echoing what Alan Dershowitz said earlier on "The Story," Levin told Sean Hannity that Trump cannot be indicted as a sitting president.

"Mister Mueller, what is your authority for investigating the president of the United States as a criminal matter?" Levin asked.

He said that if Mueller was seeking a criminal indictment, he would be violating a 44-year-old Justice Department policy.

Levin said a 1973 DOJ memorandum considers any criminal investigation by the department into the president a conflict with the Constitutional separation of powers.

"Mueller is not an independent agent... the rules and regulations that apply at the Department of Justice to all prosecutors apply to Mr. Mueller," he said.

Levin, a syndicated radio host based in Loudoun County, Va., said Democrats consistently try to stymie Republican presidents with special federal investigations.

He called it the "criminalization of politics," and noted that Mueller is very close to fired FBI Director Jim Comey.

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