Michael Cohen, former attorney to President Donald Trump, this week revealed a new investigation into his onetime boss.

“I am in constant contact with the Southern District of New York regarding ongoing investigations,” Cohen told Congress on Wednesday.

Now, one former head of that office says Justice Department policy against indicting a sitting president won’t necessarily save Trump from being prosecuted if the case warrants it.

“It’s a policy, it’s not the law,” David Kelley, former U.S. Attorney for the Southern District of New York, told MSNBC’s Ari Melber.

“Policies can be bent, policies can be broken,” he added. “I think it’s going to depend on the facts and the gravity of the offenses, if any, that they find.”