Appearing on “Hannity” Thursday night, LevinTV host Mark Levin made the one point most of the legal analysts on cable news seem to be ignoring: Under the law, President Donald Trump cannot be the target of a criminal investigation. He also said that the newly released Comey memos do not hurt President Trump and in fact incriminate former FBI Director James Comey.
“These memos actually help the president; there is nothing incriminating in them,” Levin said. “See these redacted areas? They incriminate Comey, because he said he didn’t release classified information. At the bottom of a number of these pages, it says, ‘classified.'”
“So he’s got some ‘splaining to do.”
Turning to the news that last week that Deputy Attorney General Rod Rosenstein reportedly told President Trump that he was not the target of a criminal investigation, Levin argued that under the Department of Justice’s long-standing interpretation of the Constitution, no sitting president can be the target of a criminal investigation.
“Let’s get something straight,” Levin said. Pointing to memorandums from both the Clinton administration and the Nixon administration, Levin read the official position of the DOJ that indicting a U.S. president would unconstitutionally hamper the ability of the executive branch to carry on its Article II functions.
“Page after page after page saying a sitting United States president cannot be indicted,” Levin explained. “Now, my question is this: Did they issue another memo over there at the Justice Department reversing these two memos during the Nixon administration and the Clinton administration? No!”
“Dammit, [Trump] can’t be criminal target,” Levin said.