Senate Dem: Trump could still be indicted

Sen. Richard Blumenthal (D-Conn.) said late Wednesday that President TrumpDonald TrumpSix big off-year elections you might be missing Twitter suspends GOP Rep. Banks for misgendering trans health official Meghan McCain to Trump: 'Thanks for the publicity' MORE could still be indicted in special counsel Robert MuellerRobert (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel MORE’s investigation, despite claims by Trump's lawyer, Rudy Giuliani.

"The president is not above the law, and an indictment — if that's the course that Robert Mueller chooses to go —  I believe would be upheld by the courts," Blumenthal told CNN.

Giuliani said earlier Wednesday that Mueller’s team has told Trump that it can’t indict a sitting president.


“They can’t indict. At least they acknowledged that to us after some battling. They acknowledged that to us,” Giuliani said.

The former mayor of New York City joined the president's legal team last month to lead his representation in the Justice Department investigation into Russian interference in the 2016 election and possible collusion between Trump's campaign and Moscow.

Blumenthal, who was attorney general of Connecticut before becoming a senator, told CNN’s Wolf Blitzer that a case involving a presidential indictment could go up to the Supreme Court.

"It's an issue that has never been resolved, and that way there is a Department of Justice opinion to the contrary," Blumenthal said. "I happen to think that he could be indicted even if the trial is postponed.”

Thursday marks the one-year anniversary of Mueller's investigation, which resulted from Trump's decision to fire then-FBI Director James ComeyJames Brien ComeyTrump defends indicted GOP congressman Andrew McCabe's settlement with the Department of Justice is a signal to John Durham Giuliani told investigators it was OK to 'throw a fake' during campaign MORE.

Giuliani has said he intends to use the anniversary of the investigation to push for its conclusion.