Will the Lois Lerner 'Whacko' Emails Trigger Probe By Special Prosecutor?
Judge Andrew Napolitano brought his legal analysis to the Fox and Friends couch this morning, reacting to the newly released emails that show Lois Lerner referring to conservatives as "whackos" and "a**holes."
He explained that Lerner should have been taken off the job once her political opinions became known, especially since she was working on tax-exempt status applications from Tea Party groups.
"If a litigant came before me that I hated or couldn't stand or I had some interest in the outcome of the case, I have an affirmative obligation to get off the case. She should have been given another job. Her bosses should have known about it. A political IRS is reprehensible and tyrannical and the president did nothing about it," he said.
Could this be the development that prompts the appointment of a special prosecutor to investigate Lerner? The judge answered that the only "saving grace" is that the statute of limitations is seven years, so President Obama's successor could still pursue the case.
The hosts also asked for the judge's thoughts on the House lawsuit against Obama and the possibility of impeachment, which John Boehner has said is not up for discussion right now.
Napolitano said impeaching President Obama would be "far more constitutionally appropriate" than in the case of Bill Clinton. Calling Obama the "most lawless president in modern times," the judge said even though it might not be politically popular, it is a "remedy" that should be used against Obama.
He believes the president has abandoned his oath to enforce laws, instead trying to rewrite laws due to opposition from Congress.
Earlier in the show, the judge sat down with Brian Kilmeade to analyze a federal judge's ruling that D.C.'s handgun ban is unconstitutional. The ruling was later stayed and may now go through the lengthy appeals process.