Former Attorney General Eric HolderEric Himpton HolderThe Hill's Campaign Report: Biden on Trump: 'He'll leave' l GOP laywers brush off Trump's election remarks l Obama's endorsements Obama endorses Warnock in crowded Georgia Senate race The Hill's Campaign Report: Trump's rally risk | Biden ramps up legal team | Biden hits Trump over climate policy MORE said President TrumpDonald John TrumpBiden says voters should choose who nominates Supreme Court justice Trump, Biden will not shake hands at first debate due to COVID-19 Pelosi: Trump Supreme Court pick 'threatens' Affordable Care Act MORE is subject to prosecution after he leaves office. 

Asked during a CNN interview with former Obama adviser David AxelrodDavid AxelrodThe Memo: Warning signs flash for Trump on debates GOP hunts for leverage in revived COVID-19 talks Pelosi says there shouldn't be any debates between Biden and Trump 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 CohenAppeals court appears skeptical of Trump's latest argument against tax returns subpoena Judge orders Eric Trump to comply with New York AG's subpoena before Election Day A huge deal for campaign disclosure: Trump's tax records for Biden's medical records 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.

ADVERTISEMENT

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