Fox News legal analyst: Cohen memo suggests prosecutors may indict Trump

Fox News legal analyst Andrew Napolitano said Monday that a court filing from federal prosecutors about its case against Michael Cohen suggests President TrumpDonald John TrumpFacebook releases audit on conservative bias claims Harry Reid: 'Decriminalizing border crossings is not something that should be at the top of the list' Recessions happen when presidents overlook key problems MORE may be indicted. 

“This is the Southern District of New York. This is the oldest and most prestigious federal prosecutors’ office in the country. They would not make an allegation like that if they did not have corroborated evidence to support it," Napolitano said on America Newsroom. 

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"And they cannot make an allegation like that unless they’re going to do something with it,” he said.

His comments came only days after prosecutors in Southern District of New York released a new memo in its case against Cohen, Trump's former personal attorney. In it, prosecutors argue 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 directly name Trump, but makes multiple references to him as "Individual-1."

Prosecutors recommended Cohen serve a 42-month sentence for violations of campaign finance law and charges of bank and tax fraud.  

Napolitano notes that the Department of Justice has certain guidelines when it comes to the indictment of a sitting president. 

"The Justice Department has all kinds of rules and regulations," he said. "They have three legal opinions on whether a sitting president can be indicted. Two say no, and one says yes. But all three agree that if the statute of limitations is about to expire, then the government needs to do something to stop the running of the statute of limitations, which would mean a secret indictment, about which the public doesn’t know."

Former federal prosecutor Andrew McCarthy echoed Napolitano's comments on Sunday, saying on Fox News that it is clear Southern District of New York is "going after the president on campaign finance violations" and that Trump will be "indicted eventually."