Fox News Guest Says Donald Trump Is 'Within His Constitutional Duties' To 'Refuse To Cooperate With an Investigation'

A former federal prosecutor told Fox News on Wednesday that President Donald Trump would have been within his constitutional duties if he wanted to refuse to cooperate with an investigation.

Fox and Friends co-host Ainsley Earhardt played clips of Democratic presidential candidates criticizing Trump and saying that the report from Special Counsel Robert Mueller, which was publicly released in April, was justification for Congress to start an impeachment inquiry.

"High crimes and misdemeanor, Francey?" Earhardt asked Francey Hakes, a former federal prosecutor who appeared as a guest on the show on Wednesday.

"You have the Mueller report list several occasions where they said it could arguably be obstruction of justice, but trying to fire Robert Mueller when Robert Mueller worked for the president. You might not like it, but that is a Constitutional fact the president is in charge of the executive branch," Hakes said. "If he wants to limit an investigation or refuse to cooperate with an investigation, that's within his Constitutional duties."

The Mueller report found 10 instances in which Trump's conduct could have amounted to obstruction of justice. One of the incidents involved the president's request that Donald McGahn, who was then serving as White House counsel, have Mueller removed from his post.

The report was met with a response that was largely divided by party affiliation. Republicans, who had long sought to discredit the report by calling it a witch hunt, called for the country to move on and criticized their Democratic counterparts.

Democrats responded to the report by ramping up their inquiries. House Judiciary Chairman Jerry Nadler subpoenaed the Department of Justice for an unredacted Mueller report and its underlying evidence just a day after the DOJ released the document. In July, the House Judiciary Committee subpoenaed a series of witnesses linked to the Mueller report, including former Attorney General Jeff Sessions, former Deputy Attorney General Rod Rosenstein and former White House Chief of Staff John Kelly.

Massachusetts Senator Elizabeth Warren, who is polling in second place and 25 percent in the Democratic presidential primary race according to a Wall Street Journal/NBC poll released Tuesday, was the first 2020 candidate to call for impeachment proceedings. But more candidates, including Senator Bernie Sanders, who the WSJ/NBC poll said was drawing 14 percent support and held third place in the nominating contest, have since joined.

In the House of Representatives, 135 Democrats have called for an impeachment inquiry, according to CNN.

Partisan tensions have been visible during Congressional hearings related to the report. The political divide was evident on Tuesday when Corey Lewandoski, a former manager for the Trump campaign, appeared before the House Judiciary Committee, and Republican representatives used their time to criticize the hearing.

"They are going to bring back anybody, as much as they have to, to find something, anything to keep impeachment hopes alive," Texas Representative John Ratcliffe said to Lewandowski.

President Donald Trump boards Air Force one as he departs from Mountain View, California, on September 17. NICHOLAS KAMM/AFP/Getty Images