Judge Andrew Napolitano said that former FBI attorney Lisa Page's plan to defy a subpoena to testify before lawmakers is confusing.

Page's attorney told Fox News on Tuesday that despite being subpoenaed, Page won't appear for a private interview with the House Judiciary and Oversight and Government Reform committees.

Page is under the microscope for anti-Trump text messages exchanged between her and FBI agent Peter Strzok.

Strzok will testify publicly before the committees on Thursday.


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Page and Strzok -- paramours while working within the agency -- worked on the FBI's Hillary Clinton email investigation as well as Special Counsel Robert Mueller's Russia probe.

Napolitano called Page's defiance "a bit of a head-scratcher" on Wednesday.

"The subpoena requires that you show up. It can't require that you answer because you have the right to remain silent," the Fox News senior judicial analyst said.

He said that by Page not agreeing to show up, she's adding to the complexity of her legal woes.

Page's attorney, Amy Jeffress, said in a statement that her client didn't have enough time to prepare for her interview.

Napolitano said Wednesday that if Page does, in fact, need more time to prepare, she should be given that time in order to ensure a truthful testimony.

"She could go to jail if they really want to press it for blowing off," Napolitano said. "But there is no penalty for showing up invoking your Fifth Amendment right to silence."

Watch more from "Fox & Friends First" above.


UPDATE: Former FBI attorney Lisa Page “voluntarily” agreed to appear for a private interview before House committees on Friday, following her refusal to appear for a deposition Wednesday despite a congressionally-issued subpoena.

Read more, here.


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