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Constitutional attorney and radio host Mark Levin said two previous Department of Justice memoranda outlaw the ability of a sitting president to be indicted.

Levin said both a 1973 and a 2000 edict interpret the Constitution to delineate that a sitting president cannot be indicted by a prosecutor.

"This is the Department of Justice speaking, [not me]," Levin said. "Special prosecutors cannot supplant Congress."

Levin said that both DOJ opinions and Constitutional precedent demand that the only way to remove a president is through Congressional impeachment proceedings.

He said Special Counsel Robert Mueller also cannot trigger the 25th Amendment and remove President Donald Trump that way.

Levin said that, in addition, Trump does not have to comply with a subpoena before a grand jury because precedent declares that such a move would interfere with his Constitutionally-mandated duties to protect and serve the country.

He demanded that Mueller be forced to explain his "defiance of DOJ policy, which you are required to follow as an employee of the Department of Justice."

"Take it to the Supreme Court," he said of any attempt by Mueller to indict Trump or present him before a grand jury.

He said the 49 questions leaked from the Mueller probe ask nothing of criminal statutes, but only intent.

"They want to treat him like they treated Martha Stewart... he's the president," Levin said, referring to how the home and garden mogul was jailed after a federal investigation.

"This isn't one of your failed anthrax cases," Levin said in reference to Mueller, who received criticism in the early 2000s for his prosecutions during the biohazard scare.

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