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Judge Andrew Napolitano said this morning that Attorney General Jeff Sessions is in a "dangerous position" legally if he testifies tomorrow before the Senate Intelligence Committee.

Napolitano explained that Sessions will not be testifying as the top law enforcement officer in the country, but as a "witness" because he recused himself from the Russia investigation.

The judge said Sessions may reach points of "conflict" in his testimony under oath, where he cannot defend both himself and the president. 

The Fox News senior judicial analyst speculated that perhaps the White House instructed Sessions to testify.

"It's an awful position for him to be in. ... Does he defend his boss, the President of the United States, or does he defend himself? And he might not be able to do both," said Napolitano, adding he would advise Sessions not to testify voluntarily. 

Meantime, Napolitano responded to former House Speaker Newt Gingrich arguing that the special counsel's investigation is not neutral and part of a "witch hunt" against President Donald Trump.

The judge agreed that prosecutors are never totally neutral, since they may suspect the target of their investigation is guilty. On the friendly relationship between former FBI directors Robert Mueller and James Comey, Napolitano said prosecutors "are often friends and colleagues with the police officers and FBI agents they employ to do their investigations."

"This is no different from any other prosecution," said Napolitano.

Watch the analysis above.

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