Ex-federal prosecutor: I could draft indictment against Trump based on what’s publicly known

Former federal prosector Gene Rossi said late Tuesday that there is enough evidence to draft two indictments against President TrumpDonald John TrumpBiden team wants to understand Trump effort to 'hollow out government agencies' Trump's remaking of the judicial system Overnight Defense: Trump transgender ban 'inflicts concrete harms,' study says | China objects to US admiral's Taiwan visit MORE.

Rossi during a discussion with MSNBC host Ari Melber outlined the charges he said he could bring against Trump.

“I could draft an indictment against the president of the United States on two counts. One would be his relationship with Michael Cohen on the election fraud,” Rossi said. “And number two, I could draft a scheme in an attempt to obstruct justice against the president right now."



The New York Times reported Tuesday that Trump attempted to direct the Department of Justice to prosecute 2016 Democratic presidential nominee Hillary ClintonHillary Diane Rodham ClintonThe Hill's 12:30 Report - Third vaccine candidate with 90% efficacy Biden won — so why did Trump's popularity hit its highest point ever? The Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - Calls mount to start transition as Biden readies Cabinet picks MORE and former FBI Director James ComeyJames Brien ComeyThe new marshmallow media in the Biden era McCabe defends investigation of Trump before Senate committee: We had 'many reasons' The Memo: Trump retains narrow path to victory MORE.

Trump’s legal counsel, however, convinced him that doing so would be a bad idea and could risk impeachment.


Trump also submitted his written answers to special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE’s questions on Tuesday, his lawyers said. Trump's personal lawyer, Jay Sekulow, said the answers cover "issues regarding the Russia-related topics of the inquiry."

Rossi on MSNBC said Mueller has the legal "authority" to bring indictments against the president.

"Robert Mueller has the jurisdiction and the authority, unless [acting Attorney General] Matt WhitakerMatthew G WhitakerEx-federal prosecutor: 'Thank God' Whitaker is gone, Barr will bring 'integrity' back to DOJ GOP pollster says Dems are relitigating 2016 election with investigations of Trump Former senior FBI official calls Whitaker hearing ‘disgraceful’ MORE puts a quench over it, he has the authority to go into that. Because it’s the heart and soul and the gestalt of what Robert Mueller’s looking at. Absolutely,” he said.

Trump’s former personal lawyer and “fixer,” Michael Cohen, pleaded guilty in August to violating campaign finance laws. The charges were connected to payments he made to adult-film star Stormy Daniels and former Playboy model Karen McDougal in an attempt to silence their allegations of affairs with Trump before the 2016 presidential election. Cohen implied in court that he did so at the direction of Trump in order to help his campaign.

Trump has repeatedly dismissed the claims and says Cohen lied to “get a deal” with prosecutors.