Former Attorney General Eric HolderEric Himpton HolderThe shifting impeachment positions of Jonathan Turley Pelosi refers to Sinclair's Rosen as 'Mr. Republican Talking Points' over whistleblower question Krystal Ball: Billionaires panicking over Sanders candidacy MORE said President TrumpDonald John TrumpLawmakers prep ahead of impeachment hearing Democrats gear up for high-stakes Judiciary hearing Warren says she made almost M from legal work over past three decades MORE is subject to prosecution after he leaves office. 

Asked during a CNN interview with former Obama adviser David AxelrodDavid AxelrodBoth sides have reason to want speedy Trump impeachment trial Gary Cohn says he's 'concerned' no one is left in White House to stand up to Trump Tucker Carlson: Obama has not backed Biden because Michelle Obama could run MORE whether the president could be prosecuted, Holder said, "I don’t think there’s any question about that."

"We already have an indictment in the Southern District of New York," the Obama administration official said, referencing former Trump lawyer Michael CohenMichael Dean CohenKaren McDougal sues Fox News over alleged slander Justice Dept releases another round of summaries from Mueller probe Five things to watch for at Trump's NATO meetings MORE's guilty plea to campaign finance violations. 

"Individual-1 is the president, and it would seem to me that the next attorney general, the next president, is going to have to make a determination," he said. 

Cohen is in prison for campaign finance violations stemming from hush money payments. He testified before Congress in February that Trump directed him to make the payments.

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Justice Department guidance says a sitting president can't be indicted.