Trump indictment by executive branch would trigger constitutional crisis: Ron Bameih

A former Justice Department official told FOX Business that a constitutional crisis would result if the executive branch indicted President Donald Trump.

“It would cause a constitutional crisis of epic proportions if the executive branch indicted the president,” former Justice Department Assistant Chief Deputy Ron Bameih said during an interview Wednesday on the “Making Money with Charles Payne” program. “It just can’t happen.”

Trump's attorney Rudy Giuliani told Fox News that Special Counsel Robert Mueller has said to the president’s legal team that he will defer to the Justice Department’s historical precedent and refrain from seeking an indictment against Trump.

"This case is essentially over," Giuliani said on Wednesday. "They're just in denial."

Bameih, now a criminal justice defense attorney, said there’s no legal mechanism in place for the executive branch to indict Trump.

“It would be ridiculous to think that the executive branch is going to indict the executive in charge of it,” Bameih said.

He said Mueller could change his mind and challenge the decision to indict in court, but it would be foolish to do so because the Constitution clearly outlines how to pursue a sitting president who may have committed a crime.

“If I have something … I’ll walk over to the Congress, I give a report detailing my evidence and why I think this man committed a crime, and the Congress has to decide if this is sufficient enough to pursue with articles of impeachment,” he said.