A Democratic senator says he doesn’t believe a sitting president is protected from indictment ― and President Donald Trump could end up facing charges as a result.

Sen. Sheldon Whitehouse (D-R.I.) told CNN’s Chris Cuomo on Tuesday that he still needs to see more evidence.

But if it’s there, he said, Trump could face prosecution.

“I think that if there are crimes that he has committed he should be indicted,” the senator said. “I do not at all subscribe to the OLC theory that a president can’t be indicted.”

The OLC is the Justice Department’s Office of Legal Counsel, which says indicting a president “would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”

But Whitehouse, a former U.S. attorney and the former attorney general for Rhode Island, said he believes courts would rule otherwise.

Cuomo asked if there’s enough to bring a case against Trump now.

“I would want to know a lot more,” Whitehouse said, adding that he would sit with agents to “pin down” more details before moving forward:

“We are certainly in a mode, I believe, of moving toward indictment and charges of the president, but I do not believe, based on what I know ― Mueller may know more ― that we’re at the stage of actually being able to make the charge.”

See their full discussion here:

Democrat Sen. @SenWhitehouse: "If there are crimes that [Trump] has committed, he should be indicted." https://t.co/gMTmCFo5cM pic.twitter.com/T2AYVumL8J — Cuomo Prime Time (@CuomoPrimeTime) January 16, 2019

Democrat Sen. @SenWhitehouse says AG nominee William Barr was "very cagey about what he would release and when" when it comes to the Mueller report. https://t.co/9x1KxgGUXC pic.twitter.com/j9ZdpOglYx — Cuomo Prime Time (@CuomoPrimeTime) January 16, 2019