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Judge Andrew Napolitano pushed back on the claim from President Trump's legal team that Special Counsel Robert Mueller improperly obtained tens of thousands of emails from the transition team. 

Mueller's investigators obtained the emails from the General Services Administration (GSA). A lawyer for the Trump transition trustee claimed the move was "unauthorized," and that the materials are private and privileged.

Napolitano said the argument is dubious and that he's "appalled" by the allegation that Mueller did a "bad thing." 


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"He didn't," said the Fox News senior judicial analyst, explaining that a grand jury subpoena would have been needed to obtain the records from the GSA.

Napolitano described the process as "law school 101," saying the Trump team should have made a written agreement with the GSA to inform them of any subpoenas for documents before complying.

He said Mueller's possession of the trove of communications is "potentially devastating" for individuals who were interviewed and may have given deceptive answers to federal agents. 

"That's the trap that General Flynn fell into," said Napolitano.

On Sunday, Trump said he is not considering firing Mueller, whose spokesman pushed back on the claims of unethical behavior. 

“When we have obtained emails in the course of our ongoing criminal investigation, we have secured either the account owner’s consent or appropriate criminal process,” said Peter Carr, a spokesman said.

The judge said firing Mueller would only lead to the investigation "ratcheting up," expressing the hope that Trump will avoid that decision. 

Watch his full analysis above.


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