Ex-Trump Campaign Adviser Questioned by Mueller Team: They Don't Have 'Anything' on Collusion

If President Trump challenges a subpoena from Special Counsel Robert Mueller, he will lose in court, Judge Andrew Napolitano said Monday. 

"The theory is nobody is above the law and if he's subpoenaed to testify, he has to go," the Fox News senior judicial analyst said on "America's Newsroom."

Alan Dershowitz, a Harvard Law professor emeritus, said last week that Trump's legal team should challenge a subpoena if Mueller issues one.

Napolitano added that Trump could always appear before a grand jury and assert his Fifth Amendment right, damaging himself politically but protecting himself legally. 

In an interview Sunday morning, Trump's new attorney Rudy Giuliani would not rule out the possibility of the president pleading the Fifth. He said Trump wants to talk to Mueller, but he may challenge a subpoena. 

Napolitano also responded to criticism of Mueller's tactics by the federal judge presiding over the Paul Manafort case. U.S. District Judge T.S. Ellis III accused Mueller's investigators of going after Manafort to pressure him to give up damaging information on Trump.

He also demanded Mueller's team turn over the full, unredacted memo by acting Attorney General Rod Rosenstein that started the Mueller probe. 

Judge Napolitano said if Ellis dismisses the indictment, then federal prosecutors in Virginia will simply refile the identical charges. He said Ellis' statements were positive for Trump politically, but of no significance for Manafort's case. 

Watch the analysis above. 

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