Fox News senior judicial analyst Judge Andrew Napolitano said Attorney General William Barr employed a "unique legal theory" about obstruction of justice in deciding not to bring a case against President Trump. 

"The Barr argument goes thusly: In order for a person to obstruct justice, there must be some justice to obstruct. Hence, if the alleged obstructer did not commit the underlying crime being investigated, then his so-called obstruction did not impair justice; it just impaired a fruitless investigation. This sophistry would make the Jesuits proud," said Napolitano, noting that "Barr's own prosecutors" reject his theory. 

On Fox Nation's "Liberty File," Napolitano explained that Barr and others have argued that if the president takes an action grounded in the Constitution, such as firing an FBI director, then it cannot be viewed as obstruction of justice.



He said the "nearly universal view of law enforcement" goes against Barr on the issue and the question comes down to whether the action was taken for a "corrupt" purpose.

Napolitano explained:

A corrupt purpose is one that seeks personal gain for the obstructer, such as shielding him from the revelation of unpleasant truths. So, if Trump fired FBI Director James Comey because Trump wanted to be the tallest person in the room or because he had a better director candidate in mind, there is no corrupt purpose. But if he fired Comey to delay or stop the FBI's acquisition of painful truths about Russia, as he told NBC's Lester Holt was his purpose, then whether the truths he wants to hide are about unlawful behavior or not, Trump's purpose is corrupt and his behavior is prosecutable.

He said the Justice Department seemingly went against Barr on obstruction of justice in a recent indictment of a Massachusetts judge for helping an illegal immigrant elude ICE.

"The U.S. is planted thick with laws intended to preserve human freedom by keeping the government honest. When the government breaks its own laws and gets away with it, it undermines the personal liberty of us all," said Napolitano.

Watch the full monologue above and sign up for Fox Nation to stream daily episodes of "Liberty File."


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