Judge Nap: Mueller Could Use Jeff Sessions as Witness on Comey Firing
The Fox News senior judicial analyst responded to Sen. Lindsey Graham (R-S.C.) arguing that Deputy Attorney General Rod Rosenstein should recuse himself from overseeing the Mueller probe.
"I'm really curious as to how Rosenstein could be involved in overseeing an investigation if he's gonna be a witness," said Graham.
Napolitano said Graham's reasoning makes sense, since Rosenstein wrote the memo recommending President Trump fire then-FBI Director James Comey last year. Some experts have said Rosenstein would have a conflict if Mueller pursues an obstruction of justice case against Trump over Comey's firing, since he'd be a witness in the case.
Instead of using his "boss" Rosenstein as a key witness, Napolitano said Mueller could use Attorney General Jeff Sessions, who has recused himself from involvement with the Russia probe.
"Rather than trigger two recusals, [Mueller] may very well use Jeff Sessions as his witness in this Comey firing escapade," Napolitano said on "Outnumbered Overtime," arguing Sessions also participated in the process to fire Comey.
Napolitano emphasized that Mueller has never conveyed to the public that the president won't be indicted, despite recent statements from Trump's attorney Rudy Giuliani.
"He doesn't have to show his cards [or] documents in the middle of a criminal investigation. He has the privilege of keeping those secret until the investigation is over."
Watch his full analysis above.