Judge Andrew Napolitano said Wednesday that it's a "head-scratcher" as to why then-FBI Director James Comey pronounced that he alone decided not to recommend charges against Hillary Clinton in 2016.

House Judiciary Committee Member John Ratcliffe (R-Texas) tweeted that former FBI lawyer Lisa Page testified under oath that the Obama Justice Department ordered the FBI to stand down.

Fox News reported:

The exchange came under questioning from Texas Republican Rep. John Ratcliffe during Page’s Hill appearance last year.

Page and since-fired FBI Special Agent Peter Strzok, who were romantically involved, exchanged numerous anti-Trump text messages in the lead-up to the 2016 presidential election, and Republicans have long accused the bureau of political bias.

"So let me if I can, I know I’m testing your memory," Ratcliffe began as he questioned Page under oath, according to a transcript excerpt he posted on Twitter. "But when you say advice you got from the Department, you’re making it sound like it was the Department that told you: You’re not going to charge gross negligence because we’re the prosecutors and we’re telling you we’re not going to —"

Page interrupted: "That is correct," as Ratcliffe finished his sentence, " -- bring a case based on that."


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"The FBI works for the DOJ, not the other way around," Napolitano said. "If the DOJ says we're not going to charge her with a crime, [they won't]."

Napolitano, a Fox News senior judicial analyst, said it was already "unusual" for Comey to make a public statement about an investigation, but reminded the "Outnumbered" panel that Comey emphasized that he made the decision without any influence.

"This is such a head-scratcher," Napolitano added, saying that Comey didn't have to make such a pronouncement on top of holding a rare press event on the matter.

The judge said Ratcliffe's account is "radically different from what James Comey told us two summers ago."


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