Fox News legal analyst Andrew Napolitano had some bad news for Trump superfans on Monday, telling Fox News anchor Shepard Smith that not only could Trump be indicted by the Special Counsel investigation, but that he might already have been served with a sealed indictment — which would only come to light once he left office.
“There’s ample evidence … to indict the president,” Napolitano said. “The question is do they want to do it. The DOJ has three opinions on this. Two say you can’t indict a sitting president, one says you can but all three address the problem of what do you do when the statute of limitations is about to expire. All three agree in that circumstance you indict in secret, keep the indictment sealed and release it the day they get out of office.”
“So he may already be an indicted coconspirator?” Smith asked.
“That I don’t know about, but it could be, because we don’t know what’s been sealed,” Napolitano replied.
It’s far from the first time Napolitano has been forced to deliver bad news, and in recent weeks his analysis on the channel about Trump’s potential legal fallout has become increasingly grim. Trump is known to be a fan of the judge and has tweeted approvingly about his legal analysis in the past.
While the question of a Trump indictment remains up in the air, some of his closest 2016 campaign associates have been indicted for a range of crimes. These include his former campaign chairman Paul Manafort, his former National Security Adviser Michael Flynn and his former personal attorney and fixer Michael Cohen.