Sen. Graham: FBI, DOJ Were 'Corrupt' in Clinton Email Probe, 'Abused' FISA Process

Rep. Gaetz to Jeff Sessions: Appoint a Second Special Counsel or 'Step Aside'

Some Republican lawmakers are calling for the appointment of a second special counsel to investigate, among other things, potential political bias at the Department of Justice and FBI in the investigation into Hillary Clinton's mishandling of classified information.

Fox News senior judicial analyst Judge Andrew Napolitano said he agrees with their reasoning -- noting that the evidence of Clinton's guilt is "absolutely overwhelming" -- but he disagrees with the need for a second special counsel.

"The rule specifying special counsels says you appoint one when there's a conflict of interest between the head of the DOJ -- the attorney general -- and the target of the investigation," Napolitano explained on "America's Newsroom."

He said in this case there is no conflict of interest between Attorney General Jeff Sessions and the targets the lawmakers want to investigate, which include former Attorney General Loretta Lynch and former FBI Director James Comey.

Napolitano said he's biased against special counsels because he thinks they are "dangerous."

"Justice Scalia warned -- dissenting in an opinion which upheld their constitutionality -- that they basically are free agents unanswerable to the people, separated from the hierarchy of the Justice Department. They do what they want."

Get more insight from the judge in the "America's Newsroom" segment above.

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