Judge Andrew Napolitano said that unless the House Intelligence Committee subpoenas the FBI and Department of Justice (DOJ), it's unlikely it will get to see the documents it requested related to an informant within President Trump's 2016 campaign.

Republican lawmakers have given the Justice Department and FBI a deadline of 5:00pm ET Monday to give Congress all requested documents related to the informant.

"They can ask for it until the cows come home. They're not going to get it," Napolitano said on "Outnumbered Overtime."

Napolitano said that a solution to what he called an "impasse" would be to send a subpoena to a federal judge, who could review the documents and decide which would need to be turned over.


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Allegations that the FBI attempted to infiltrate the Trump campaign prior to the initiation of the formal Russia probe have roiled Washington, amid numerous findings of anti-Trump bias among top officials in the agency.

Napolitano said that the House Intel Committee is asking for law enforcement documents. He said it cannot obtain documents on what was given to a grand jury, documents regarding the thoughts and strategies of FBI and federal prosecutors and documents generated by confidential sources.

"That's about two-thirds of what they're looking for," he said.

Napolitano also said a judge could decide what documents are in "privileged categories" and what documents Congress is allowed to see.

He added that the numerous deadline extensions by the intelligence committee make them look "weak."

"The subpoena triggers deadlines and obligations," he told Melissa Francis.

Republicans have accused both the DOJ and the FBI of stonewalling, despite their claims that they need to carefully review all of the documents in question.

Watch more above.


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