Donald Trump’s recent claims that he had “every right” to interfere in the 2020 election could be used against him in a criminal case, a legal expert said.

Talking about his Stay tuned In a podcast, Preet Bharara, former U.S. Attorney for the Southern District of New York, responded to a listener’s question about whether the Justice Department might respond to Trump’s comments or whether they were just “wishful thinking by experts.”

In an interview with Fox News’ Mark Levin, Trump dismissed special counsel Jack Smith’s 2020 election interference case, in which Trump pleaded not guilty to four federal counts.

“Whoever heard you, you are being impeached for rigging a presidential election, even though you have every right to do so,” Trump said. “You are being impeached and your poll numbers are going up.”

Bharara said that any statements Trump makes, whether on social media, in speeches or in media appearances, could “absolutely” play a role in the Justice Department’s decision-making.

“Of course there are arguments and different interpretations to the statements he made publicly, and lawyers can argue either way,” Bharara said.

“I’m sure if the issue ever comes up in court or in any proceedings, his lawyers will say it was not actually his intention to interfere.

“He didn’t admit anything; he just said that under the Supreme Court immunity decision, as President of the United States, he had the legal authority to behave in a certain way, and that’s what he did,” Bharara added.

In a landmark ruling in July, the Supreme Court ruled that presidents are granted a certain degree of immunity from prosecution for official acts they take while in office. The decision threatens to expand Smith’s case to include the events that led to the Jan. 6, 2021, riot at the U.S. Capitol.

Bharara added that he was not sure how “impressive” Trump’s comments would be for the prosecution.

“It’s good politically, and maybe it’s good for the jury, to provide some context about how Trump believed he was above the law,” Bharara said.

Newsweek has emailed Trump’s legal team for comment.

In a statement after the Fox News interview aired, Harris-Walz 2024 spokeswoman Sarafina Chitika said Trump’s comment “makes clear that he believes he is above the law.”

“Now Trump is claiming he had ‘every right’ to interfere in the 2020 election. He did not,” Chitika said.

“As Donald Trump spreads his false narrative of history, the American people are ready for a new way forward. They know that Vice President Harris is the tough prosecutor we need to end chaos, fear and division and uphold the rule of law.”

Smith recently announced a new indictment against Trump. The revised document contains the same four federal charges against the former president, but the allegations have been narrowed to comply with the Supreme Court’s immunity ruling.

The new indictment also refutes allegations that Trump pressured the Justice Department in November 2020 and January 2021 to support his false claims that the last election results were rigged due to widespread voter fraud.