Napolitano said on Fox News' "America's Newsroom" Monday that he viewed McCabe’s firing as “vindictive” and “reckless.”
“Andrew McCabe is more likely than not to be a witness against the Attorney General’s boss, the president of the United States,” Napolitano said. “I think that firing him in that environment could very well be determined to diminish his effectiveness as a witness. What’s that called, obstruction of justice.”
“I don’t know if Bob Mueller wants to go there, but that’s the argument,” he added.
http://insider.foxnews.com/2017/12/1...-against-trump
Some Republican lawmakers have seized on a trove of damning text messages as evidence that Special Counsel Robert Mueller's Russia investigation is biased against President Trump.
Fox News senior judicial analyst Judge Andrew Napolitano doesn't think so.
The text messages were exchanged between two FBI officials who worked on Mueller’s Russia probe, and they reveal the agents expressing a steady stream of anti-Trump, pro-Hillary Clinton sentiments.
"The issue is not: do FBI agents have political opinions and can they express them? The answer to that is yes and yes," Napolitano said on "Outnumbered Overtime." "The issue is: do those political opinions in any way influence the outcome of their investigation?"
He pointed out that the FBI has procedures in place to prevent that from happening.
"FBI agents operate in pairs, whatever the two discover has to be reviewed by five others, whatever the five have reviewed and decided is credible has to be reviewed by Justice Department lawyers," Napolitano explained.
He noted that the only final decisions that have been made in Mueller's investigation are to indict former Trump campaign chairman Paul Manafort and his aide Rick Gates and to accept two guilty pleas from former National Security Adviser Michael Flynn and former Trump campaign foreign policy adviser George Papadopoulos.
Napolitano said Deputy Attorney General Rod Rosenstein painted a "very credible" picture in his testimony before the House Judiciary Committee when he said it's too early to determine if any individual's political opinion affected the outcome of the investigation, because the outcome hasn't been reached yet.
In the meantime, Napolitano said he's not worried about the text messages.
"FBI agents are not choirboys or choirgirls. They are strong-willed people with strong opinions like the rest of us," he said. "None of this surprises me."
http://insider.foxnews.com/2017/12/0...ustice-charges
Judge Nap: Feinstein Is 'Correct' on Potential Obstruction of Justice Case Against Trump
On "Fox & Friends" this morning, Alan Dershowitz disputed claims from some Democrats that Special Counsel Robert Mueller could build an obstruction of justice case against President Donald Trump.
Dershowitz said Sen. Dianne Feinstein (D-Calif.) was incorrect when she argued that Trump obstructed the FBI investigation into possible collusion between his presidential campaign and Russia by asking former FBI Director James Comey to end the investigation into Michael Flynn and also by later firing Comey.
Dershowitz said a president cannot be charged with obstruction for merely exercising his constitutional authority.
On "America's Newsroom," Fox News senior judicial analyst Judge Andrew Napolitano came down on the side of Feinstein.
"I respect Professor Dershowitz greatly.
I do not know Sen. Feinstein, but she, in my view, is correct here," he told Bill Hemmer.
He said that if Trump asked Comey to end the investigation into Flynn for a non-corrupt purpose - such as if he felt sympathy for his former national security adviser or he wanted the bureau to use its resources on more important matters - it's not obstruction.
However, if Trump did it for a corrupt purpose - such as trying to protect himself or his son-in-law, Jared Kushner, from what Flynn might say - then it is obstruction and there is no presidential immunity, Napolitano said.
"Obstruction of justice is a crime no matter who commits it, if done for a corrupt purpose. It's also an impeachable offense," he said, adding that the charge is "intentionally not easy to prove" for a prosecutor.
Feinstein, the ranking Democrat on the Senate Judiciary Committee, said Sunday on "Meet the Press" that she believes an obstruction of justice case is forming.
"The Judiciary Committee has an investigation going as well and it involves obstruction of justice and I think what we're beginning to see is the putting together of a case of obstruction of justice,” she said.
"I see it in the hyper-frenetic attitude of the White House, the comments every day, the continual tweets.
And I see it most importantly in what happened with the firing of Director Comey, and it is my belief that that is directly because he did not agree to ‘lift the cloud’ of the Russia investigation. That’s obstruction of justice."
Napolitano: Mueller did not wrongly obtain Trump team emails
https://www.yahoo.com/news/napolitan...143230179.html
Fox News’ Judge Napolitano Says Trump Jr-Russia Meeting Merits Criminal Investigation (Video)
https://www.yahoo.com/tv/fox-news-ju...202307669.html
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