House Judiciary Committee Chairman Jerry Nadler (D-NY) on Sunday said that the Justice Department’s current practice of not indicting sitting presidents requires that the department release any evidence of crimes President Donald Trump has committed, even if he is not charged with a crime while in office per the practice.

Otherwise, Nadler told ABC “This Week” host George Stephanopoulos, “that turns it into a cover-up.”

Referring to recent comments from Deputy Attorney General Rod Rosenstein — who said recently, “If we aren’t prepared to prove our case beyond a reasonable doubt in court, then we have no business making allegations against American citizens” — Nadler referenced the DOJ’s Office of Legal Counsel opinion that sitting presidents can’t be indicted.

Rosenstein and Attorney General William Barr, Nadler said “went much further,” than asserting that they would not release evidence if there’s no evidence that Trump committed a crime.

“What they’re saying is, a president cannot be indicted. No matter how much evidence, a president cannot be indicted. And if you then say, because the president cannot be indicted, you’re not going to give the evidence of his crimes, if any, to the public, you’re saying the president cannot be held accountable.”

In that case, Nadler said, “we will subpoena, we will do whatever we have to do.”

Nadler joins House Intelligence Committee Chairman Adam Schiff (D-CA) in criticizing Rosenstein’s remarks.