Napolitano: There Are Really Two 'Highly Politicized' House Intel Committees

Judge Nap on Seychelles Meeting: Another 'Rabbit Hole' That Mueller Must Go Down


Fox News senior judicial analyst Andrew Napolitano explained Monday why he believes the firing of FBI Deputy Director Andrew McCabe could be viewed as "obstruction of justice." 

McCabe was fired Friday, two days before he was set to officially retire and receive pension benefits. The FBI’s Office of Professional Responsibility made the recommendation to Attorney General Jeff Sessions to terminate McCabe, accusing him of a "lack of candor" under oath. 

Napolitano said he sees the firing as "reckless" and "vindictive" because McCabe is "more likely than not to be a witness" against Sessions' boss, President Trump.

"Firing him in that environment could very well be interpreted as an effort to diminish his effectiveness as a witness. What's that called? Obstruction of justice," said Napolitano, adding he's unsure if Special Counsel Robert Mueller will pursue such a case.

Napolitano said on "America's Newsroom" that McCabe's memos about his interactions with Trump could bolster his credibility, but are "unremarkable" because such note-taking is standard procedure by FBI officials.

On Sunday, however, the president refuted the claims of McCabe's memos, tweeting that "he never took notes when he was with me."

Trump had openly pushed for Attorney General Jeff Sessions to fire McCabe.

He tweeted that the firing was a "great day for Democracy," saying that former FBI Director James Comey made McCabe look like a "choirboy."

Additionally, White House lawyer Ty Cobb said in a statement on Sunday that Trump "is not considering or discussing the firing" of Mueller. The statement came after Trump attorney John Dowd said he "prays" that Rod Rosenstein will end Mueller's investigation. 

Napolitano criticized Dowd over the statement, saying "it's not the way a lawyer for an innocent defendant conveys the message on TV."

He said Mueller is looking at three things: whether the Trump campaign received "anything of value" from a foreign national or government (collusion), whether Trump fired James Comey or anyone else "for a corrupt purpose" (obstruction of justice), and whether any of Trump's companies engaged in criminal behavior. 

The judge said he believes grand juries impaneled by Mueller will be sitting until 2019 and that the probe is nowhere near its end.

Watch the segment above.

On "Fox & Friends Weekend," Harvard Law professor emeritus Alan Dershowitz reiterated his belief there is no obstruction of justice case to be made against the president based on what we know.

Watch his analysis below.


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