WASHINGTON (CNN)  — Sen. Richard Blumenthal (D-Connecticut),  says he thinks President Donald Trump could be indicted, despite Trump lawyer Rudy Giuliani expressing otherwise.

“The President is not above the law, and an indictment — if that’s the course that Robert Mueller chooses to go — I believe would be upheld by the courts,” Blumenthal said on CNN’s “The Situation Room.”

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Giuliani told CNN earlier Wednesday that Mueller’s team informed Trump’s legal team they had concluded they are not able to indict a sitting president.

“All they get to do is write a report,” Giuliani said. “They can’t indict. At least they acknowledged that to us after some battling, they acknowledged that to us.”

Mueller is currently leading the probe into Russian interference in the 2016 election, which includes looking into any potential ties between Trump campaign associates and Moscow. Trump has repeatedly denied collusion.

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Blumenthal told CNN’s Wolf Blitzer that if the President were to be indicted, it could go to the United States Supreme Court.

“It’s an issue that has never been resolved, and that way there is a Department of Justice opinion to the contrary,” Blumenthal said. “I happen to think that he could be indicted even if the trial is postponed. ”

This isn’t the first time the issue has been questioned. Earlier this month, Deputy Attorney General Rod Rosenstein, who oversees the Mueller investigation, was asked about whether a sitting president could be indicted while speaking at an event.

“I’m not going to answer this in the context of any current matters, so you shouldn’t draw any inference about it,” Rosenstein previously said. “But the Department of Justice has in the past, when the issue arose, has opined that a sitting President cannot be indicted. There’s been a lot of speculation in the media about this, I just don’t have anything more to say about it.”

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