Rudy Giuliani '100 Percent' Would Have Indicted Donald Trump If He Was the Prosecutor, Ex-Assistant Says

President-elect Donald Trump and former New York City mayor Rudy Giuliani talk to each other as they exit the clubhouse following their meeting at Trump International Golf Club, November 20, 2016, in Bedminster Township, New Jersey. A former assistant to Giuliani said he would "100 percent" indict Trump if he were the prosecutor in the Mueller case. Drew Angerer/Getty Images

President Donald Trump's lawyer Rudy Giuliani would have indicted Trump "100 percent" if he were the prosecutor, a former assistant to Giuliani opined Monday after signing a statement asserting that Trump would have been charged with obstructing justice if not for a policy against indicting a sitting president.

"I worked with Rudy on a daily basis for nearly five years in a variety of positions. We were prosecutors together," Jeffrey Harris, a principal assistant to Giuliani at the Justice Department during the Reagan administration, said on CNN.

"I have absolutely no doubt that prosecutor Rudy Giuliani would have indicted someone who committed the acts that are put out in the Mueller report in a heartbeat," Harris said. "I am 100 percent confident of that."

Jeffrey Harris, one of the 700+ former prosecutors who signed yesterday’s letter:
“Mueller [recounts] not just one instance of ... obstruction of justice, [but] multiple instances ... , any one of which would probably be enough to indict a person who wasn’t the president.”

— George Conway (@gtconway3d) May 7, 2019

Harris signed the online statement along with more than 700 other former prosecutors, government employees and appointees, as of Tuesday evening.

"Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller's report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice," the statement reads.

Harris wrote his highest Justice Department title was deputy associate to the attorney general, and that he served for eight years, during the Bush senior, Carter, Ford, Nixon and Reagan administrations.

The Mueller report provided "not just one instance of what is conduct that would be obstruction of justice," Harris said.

"For example, if you tell a witness to lie, that's enough. That's obstruction right there. If the witness is in a federal criminal case, if you read the statute, it's pretty clear," Harris said. "And what the Mueller report describes is multiple instances over a long period of time, any one of which would probably be enough to indict a person who wasn't the president."

The statement seeks to refute Attorney General William Barr's decision that special counsel Robert Mueller presented evidence that was not sufficient enough to conclude that Trump committed a crime. Mueller cited the legal opinion that a sitting president can't be indicted, and did not decide whether or not to charge Trump.

"There are potential defenses or arguments that could be raised in response to an indictment of the nature we describe here," reads the statement. "But, to look at these facts and say that a prosecutor could not probably sustain a conviction for obstruction of justice — the standard set out in Principles of Federal Prosecution — runs counter to logic and our experience."

Giuliani could not be reached for comment by Newsweek on Tuesday.