Senate Dem: Trump could still be indicted

Sen. Richard Blumenthal (D-Conn.) said late Wednesday that President TrumpDonald John TrumpTrump watching 'very closely' as Portland braces for dueling protests WaPo calls Trump admin 'another threat' to endangered species Are Democrats turning Trump-like? MORE could still be indicted in special counsel Robert MuellerRobert (Bob) Swan MuellerTrump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony Kellyanne Conway: 'I'd like to know' if Mueller read his own report 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.

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“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 ComeyBarr predicts progressive prosecutors will lead to 'more crime, more victims' James Comey shows our criminal justice system works as intended Trump says he's 'very strongly' considering commuting Rod Blagojevich's sentence MORE.

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