"Jack Smith must indict Donald Trump's co-conspirators because that will force Donald Trump's hand," Kirschner said.

"If Donald Trump wants to get rid of the cases against his criminal associates, his co-conspirators, the folks who helped him try to steal the 2020 election if he wants to get rid of those cases after he's sworn in as president, he will have to engage in corruption."

Speaking to Newsweek on Saturday via telephone, Kirschner said that he believed Smith was always going to indict these co-conspirators, but it was a matter of timing.

"We have to attempt to hold [the co-conspirators] accountable for their crimes because if we don't, that's just giving permission and encouragement to the next criminal conspiracy that wants to try to steal an election," he said."

"It's not a crime if the President does it."

"Richard Nixon was correct."