Judge Nap: 'Very Strange' If Sessions Was Under Investigation and Wasn't Notified
Former FBI official Andrew McCabe authorized an investigation of Attorney General Jeff Sessions over his statements to Congress on his meetings with Russians, according to reports.
However, Sessions' attorney, Chuck Cooper, told Fox News that the attorney general is "not under investigation for false statements or perjury" before Congress.
McCabe, who served as deputy FBI director, was fired by Sessions last week for a "lack of candor" with investigators looking into leaks from the FBI.
ABC News reported that Sessions did not know about the investigation into his own statements to Congress when he made the decision on McCabe's firing, which came right before McCabe was due to be eligible for his pension benefits.
Judge Andrew Napolitano said on "America's Newsroom" Thursday that it would be "very strange" if a federal investigation was opened into the sitting attorney general and he was not notified.
He said Deputy Attorney General Rod Rosenstein and Special Counsel Robert Mueller, along with members of Congress, reportedly knew about the probe into Sessions.
The judge said typically a person who is under federal investigation for perjury would receive a "target letter" about the matter.
"It's very odd that [Sessions] wouldn't know about it. I can only conclude that McCabe and Rosenstein decided not to tell him for some policy reason, but I think they should have," said the Fox News senior judicial analyst, raising the question of whether the former Alabama senator was being investigated for misleading Congress.
Sessions recused himself from overseeing all matters related to Russian election meddling due to his service on the Trump campaign.
Watch the full discussion above and see why Judge Napolitano said McCabe's firing could be seen as "obstruction of justice."