Former Attorney General Eric HolderEric Himpton HolderSupreme Court throws out challenge to Michigan electoral map Amash: Trump incorrect in claiming Congress didn't subpoena Obama officials We can't allow presidents and public opinion to further diminish the work of the press MORE said President TrumpDonald John TrumpGraham to introduce resolution condemning House impeachment inquiry Support for impeachment inches up in poll Fox News's Bret Baier calls Trump's attacks on media 'a problem' MORE is subject to prosecution after he leaves office. 

Asked during a CNN interview with former Obama adviser David AxelrodDavid AxelrodTrump thanks Reid for warning Democrats not to underestimate him Reid warns Democrats not to underestimate Trump Axelrod blasts Trump's Romney tweet: He thinks laws and norms 'are for losers' 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 CohenTrump offers condolences on frequent foe Cummings: 'Very hard, if not impossible, to replace' Elijah Cummings, Democratic chairman and powerful Trump critic, dies at 68 Schiff says committees will eventually make impeachment inquiry transcripts public 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.