Former Attorney General Eric HolderEric Himpton HolderEnd impeachment's government shutdown Parties to wage census battle with outside groups Welcome to third-world democracy and impeachment MORE said President TrumpDonald John TrumpMnuchin knocks Greta Thunberg's activism: Study economics and then 'come back' to us The Hill's Morning Report - House prosecutes Trump as 'lawless,' 'corrupt' What to watch for on Day 3 of Senate impeachment trial MORE is subject to prosecution after he leaves office. 

Asked during a CNN interview with former Obama adviser David AxelrodDavid AxelrodSanders, Warren appear to have tense moment onstage after debate Warren faces online criticism over past big donor fundraisers Krystal Ball: Media turns on Buttigieg, will this end him? 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 CohenJuan Williams: Counting the votes to remove Trump Treasury adviser pleads guilty to making unauthorized disclosures in case involving Manafort Michael Cohen calls for early release from prison 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.


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