Fox News senior judicial analyst Judge Andrew Napolitano said Monday on "America's Newsroom" that he believes "rogue elements" in the FBI abused the Foreign Intelligence Surveillance Act (FISA) in order to interfere with Donald Trump's presidency. 

The judge was responding to Friday's New York Times report that stated the FBI opened an inquiry into whether Trump was secretly working for Russia in 2017 after the firing of FBI Director James Comey.


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Trump responded forcefully Monday in remarks outside the White House, saying, "I never worked for Russia. Not only did I never work for Russia, I think it’s a disgrace that you even ask that question because it’s a whole big fat hoax."

Napolitano said the report is not surprising to him, explaining his belief that a small group at the FBI took advantage of the FISA law's comparatively low standard for obtaining surveillance warrants. 

He blamed Congress for making it easy for law enforcement to obtain FISA surveillance warrants using "articulable suspicion."

"Make out the case using your words. We won't double-check what you say and we'll give you effectively the same search warrant," said Napolitano. 

"[The agents] were corrupted and seduced by the ease with which they can get warrants from the FISA court. ... We have historic abuses of the FISA law. Now we have examples of those historic abuses being done to interfere with the president's behavior."

The judge stressed that the FBI could not have investigated whether Trump was a Russian agent without the approval of Deputy Attorney General Rod Rosenstein. He surmised that Rosenstein was speaking about this inquiry when he mentioned possibly "wearing a wire" to surveil Trump. 

Rosenstein, who is set to depart the Justice Department, denied he seriously proposed using the listening device.

Watch Napolitano's analysis above. 


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