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Mark Levin said Thursday that President Trump should not agree to be interviewed by Special Counsel Robert Mueller

He called Mueller a "rogue prosecutor" who is not actually investigating any "underlying crime."

"When he got his appointment, the deputy attorney general did not provide any basis for the appointment. That is, he didn't say 'these are the criminal statutes I want you to investigate,' because there aren't any," Levin explained on Hannity.

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Levin, the host of "Life, Liberty & Levin" on Fox News Channel, emphasized that a president cannot be indicted while in office, explaining it is the official position of the Justice Department going back to administrations of both parties. 

For that reason, he said Trump cannot be a "target" of the probe. He dismissed the idea that Trump would need to talk to Mueller in front of a grand jury as a potential witness in the investigation. 

"A witness to what? What criminal statute, what criminal violations do you think he was a witness to that he needs to testify to? ... He's the President of the United States! You damn well better have a strong reason for trying to drag him in front of a grand jury," he said.

Levin argued that if firing FBI Director James Comey was obstruction of justice by Trump, then maybe Mueller committed the same offense by firing anti-Trump FBI agent Peter Strzok. 

"Maybe that's obstruction of justice too [for] interfering with an investigation," said Levin, adding that Mueller knows a judge would be unlikely to "accept the spectacle" of the president testifying before a grand jury.

"That's why Mueller is trying to negotiate some basis to interview Mr. Trump."

The Washington Post reported Tuesday night that Mueller told Trump's attorneys last month that the president is the subject of the investigation, but not a criminal target at this juncture.

The conversation reportedly occurred as Mueller was negotiating with Trump's attorneys about a possible interview with the president.

According to the report, Mueller informed Trump's attorneys that he "is preparing a report about the president’s actions while in office and potential obstruction of justice."

Watch the interview above. 

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