Former federal prosecutor and Fox News contributor Andrew McCarthy said Sunday that "it's clear" President TrumpDonald TrumpFormer Sen. Heller to run for Nevada governor Overnight Defense & National Security — Milley becomes lightning rod Joint Chiefs Chairman Milley becomes lightning rod on right MORE is the target of a Southern District of New York investigation and that he will be indicted.
“The Southern District of New York case on Cohen, they are clearly going after the president on campaign finance violations and I think if you read the sentencing memo the Southern District filed in Cohen’s case, it’s clear that Trump is the target and he’ll be indicted eventually,” McCarthy said on "Fox & Friends Weekend."
McCarthy, who also penned an op-ed on the subject, went on to say that, under Department of Justice guidelines, a sitting U.S. president cannot be indicted. But he noted that Trump would not simply "get an advantage from being president."
"All we say is he can’t be put through the criminal process while he’s president," McCarthy said. “I think what can happen is they could indict and he could be tried down the road when he’s out of office."
“But will [Trump] be charged? Are they setting the stage to file charges against him? If you read that sentencing memo, I can’t come to any other conclusion.”
The comments come just days after prosecutors released a court filing in their case against Trump's former lawyer, Michael Cohen. In it, prosecutors say that Cohen "acted in coordination with and at the direction of" Trump before the election in steering payments to silence a pair of women, Stormy Daniels and Karen McDougal, about alleged affairs.
Trump has repeatedly denied that he had affairs with the women.
The filing does not specifically name Trump, but makes multiple references to an "Individual-1" that it says became president in January 2017.
Cohen had previously pleaded guilty to campaign finance violations in August. Prosecutors are recommending he serve a 42-month sentence for violations of campaign finance law and charges of bank and tax fraud.