Judge Andrew Napolitano said on "The Kelly File" that the decision of city officials in Baltimore to approve a $6.4 million settlement for the family of Freddie Gray means that the six Baltimore police officers who are charged in his death will not get a fair trial.

Judge Napolitano said that in every state, when there is a potential for civil and criminal litigation, the rule of thumb is that the criminal case goes first.

"You do not want to do something in the civil case that would prejudice the fairness of the criminal case," he explained.

Judge Napolitano said that the massive settlement is the city all but admitting liability for Gray's death, making it impossible to find an impartial jury.

"It's an example of a mayor misusing her office. It's an example of the mayor setting an atmosphere in which a fair trial is nearly impossible," Judge Napolitano said.

He added that he recommends that the lawyers for the officers motion to have the indictment dismissed on the grounds that the government itself, the same government that charged them, has made a fair trial impossible.

Judge Napolitano said that the least the court can do is change the venue to a different part of the state.

Watch more above.

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