Donald Trump could be charged with three crimes and indicted while serving as president, says Fox News legal analyst Andrew Napolitano.
"This is the Southern District of New York," Napolitano said during an appearance on Fox News' "America Newsroom" on Monday morning. "This is the oldest and most prestigious federal prosecutors' office in the country. They would not make an allegation like that if they did not have corroborated evidence to support it."
"And they cannot make an allegation like that unless they’re going to do something with it," he added.
Federal prosecutors Friday said Trump during the 2016 election directed his former lawyer Michael Cohen to make illegal payments to two women who claimed they had affairs with the then-Republican nominee, a violation of campaign finance laws.
Trump has not been charged with a crime and has repeatedly denied having affairs with the women, Stormy Daniels and Karen McDougal. The filing in the Southern District does not directly name Trump, but makes multiple references to him as "Individual-1."
Napolitano said he believed prosecutors could press ahead with an indictment.
"My view is that he can be indicted, but cannot be prosecuted until leaving office because the disruption to the government of the prosecution would be far more than the Constitution tolerates," he said.