Judge Andrew Napolitano reacted to a New York Times report that Deputy Attorney General Rod Rosenstein suggested secretly recording President Trump and pressed cabinet members to invoke the 25th Amendment to remove him from office.

The Times report said Rosenstein's proposal was never acted upon, though he reportedly told then-Deputy FBI Director Andy McCabe that he could try to persuade Attorney General Jeff Sessions and Gen. John Kelly to help him.

McCabe and disgraced FBI attorney Lisa Page were reportedly in the room with Rosenstein, who quickly denied the report.


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Napolitano said the Times report is "consistent" with the anonymous op-ed that criticized the inner workings of the White House, written by an unnamed official.

"If [Trump] believes it, I'm sure he'll fire Rod Rosenstein. If he believes Rosenstein's denial, then we'll talk about this for three or four days until the Kavanaugh thing comes back," he said.

Napolitano said the New York Times effectively "put a stick in a hornet's nest" given the already-icy relationship between Trump and the Justice Department.

He said that if Trump fires Rosenstein and goes on to fire Sessions after the midterm elections, Solicitor General Noel Francisco would become the new acting attorney general.

Napolitano said the firings are just conjecture, but added that Francisco is an "academic" person rather than a political one, despite being a Trump nominee.

"There would be no conflict between the Attorney General and the job of the DOJ [under Francisco, with regard to the Russia probe]. All of [Robert] Mueller's work [could] be passed on to the DOJ."

Dana Perino added that a former Obama DOJ staffer, Matthew Miller, posted a cryptic tweet about McCabe -- who is under criminal investigation -- that said the ex-agent is playing a "dangerous game."

However, Napolitano warned that the Times reporting is "not complete," but said that it is a serious allegation against Rosenstein.

Reports surfaced after the initial Times story -- including in Politico -- that Rosenstein may also have been joking.

Watch the discussion above.


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