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Former U.S. Attorney for the District of Columbia Joe diGenova blasted the Mueller probe, saying a 1973 Justice Department memo renders moot the prospect that President Trump could be subpoenaed.

On "Life, Liberty and Levin," Mark Levin reminded diGenova of the Nixon-era memo that essentially protects the president against indictment while in office.

Levin said that in 2000, President Bill Clinton's Assistant Attorney General Randolph Moss reasserted the ruling's validity in an updated memo.

"An indictment or criminal prosecution of a sitting president would impermissively undermine the capacity of the executive branch to perform its Constitutionally mandated functions," Moss wrote.

DiGenova agreed, saying that the Mueller probe into Trump's alleged collusion with Russia is "illegitimate."

"The appointment by [Deputy Attorney General Rod] Rosenstein of [Robert] Mueller] didn't name any crime," diGenova said, calling the decision a "way for the department under Rosenstein to avoid the responsibility for conducting an inquiry."

DiGenova said that Article II of the Constitution vests in Trump executive power, including over the Justice Department.

He said Mueller will likely continue to "waste the country's time" with the investigation.

Former Secret Service Agent Dan Bongino added that members of Mueller's team, including Enron prosecutor Andrew Weissmann have "an extreme dislike for Donald Trump."

He called the probe a "smokescreen" to divert attention from Hillary Clinton's alleged misuse of classified information.


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