House Republicans, including Rep. Trey Gowdy (R-S.C.), are vowing action on the House floor if the DOJ and FBI do not comply with a subpoena for documents from the Hillary Clinton email probe, the firing of former top FBI official Andrew McCabe and reported surveillance of a Trump aide during the 2016 presidential election. 

Gowdy, the House Oversight Committee chairman, said on "Fox News Sunday" that Speaker Paul Ryan (R-Wis.) told senior DOJ officials Friday that "the House of Representatives is going to use its full arsenal of constitutional weapons to gain compliance" with the subpoena.

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Reacting on "America's Newsroom," Judge Andrew Napolitano said Monday that he believes a federal judge will have to review the documents and decide whether the Justice Department must comply with the subpoena. 

He explained that Republicans are seeking documents "in an active criminal file," referring to Special Counsel Robert Mueller's probe. 

"The lawyers on the House Intelligence Committee know this," he explained, adding the DOJ will not comply with the subpoena and will challenge it in court.

The Fox News senior judicial analyst said Deputy Attorney General Rod Rosenstein does not trust Intelligence Committee Chairman Devin Nunes (R-Calif.).

"The FBI and DOJ are afraid that if these documents - which show the origin of the investigation of alleged Russian involvement in the Trump campaign - get in the hands of members of Congress who are allies of the president, they'll get in the hands of the president's lawyers."

Napolitano said Trump's lawyers cannot be permitted to see the documents as long as he's the subject of the active investigation. 

Watch the analysis above.

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