Former U.S. attorney Joe DiGenova, who currently represents several of the so-called “Benghazi whistleblowers,” affirmed that when President Obama told the White House Press Corps at his Friday news conference that “a sealed indictment” exists relative to the Benghazi attack, he committed an impeachable offense.
When the issue of the indictment was raised on WMAL’s Mornings On The Mall Monday during the DiGenova interview, he said the indictment “is indeed” supposed to remain under seal.
“We are now getting close to a series of statements by the president that puts him on the wrong road to impeachable offenses,” he said.
“At that news conference, the President of the United States violated a court order of the United States District Court for either the Eastern District of Virginia or the District of Columbia where this sealed indictment apparently exists,” DiGenova noted.
“He is not allowed to say that. A president can declassify a document, but he cannot unseal an indictment. Only a federal court can do that,” he explained. “Whoever is the chief judge of either one of those districts should issue a show cause order for the United States attorney for that district as to why the United States attorney or the president should not be held in contempt.”
The statement DiGenova is referring to is one Obama threw out to the press Friday.
‘‘There’s a sealed indictment,’’ Obama said at the White House news conference according to ABC News. ‘‘It’s sealed for a reason, but we are intent on capturing those who carried out this attack. And we’re going to stay on it until we get them.’’
DiGenova described that statement as “unbelievable,” and added, “This was from our professor-president — our so-called “constitutional scholar.” There’s just no doubt about it — it was illegal,” he emphasized.
“But the AP reporter, Julie Pace, who was on ‘Fox News Sunday’ said, ‘It was kind of unusual for the president to talk about a sealed indictment in a public setting.’ It wasn’t unusual; it was illegal.”
Listen to the full interview, courtesy of WMAL.