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Fox News’ Judge Napolitano: Even If Trump Decides to Fire Rosenstein, It Wouldn’t Change Mueller Probe

Judge Andrew Napolitano weighed in on the rapidly changing Deputy Attorney General Rod Rosenstein story during Outnumbered on Fox News today, and in a quick few minutes offered analysis on nearly every aspect. He said that President Donald Trump should not get rid of Rosenstein, that Rosenstein could be a chief witness against Trump in any obstruction case, that a replacement would not change Special Counsel Robert Mueller‘s Russia probe, unless that replacement were ordered by Trump to fire Mueller .. which could also be demanded of Rosenstein.

Napolitano also pointed out that Senate Majority Leader Sen. Mitch McConnell has already indicated that Trump making waves on this would hurt Republican chances in the midterms, and affect the nomination of Judge Brett Kavanaugh, especially in the wake of allegations by Dr. Christine Blasey Ford and others.

“If the president fires Rosenstein, he’ll be disregarding the advice of many Republicans, not the least of whom was Mitch McConnell who last week said please dial back on the tweets about Dr. Christine Blasey Ford, and please don’t disrupt the Justice Department because — don’t do any of this before the midterms because either of those things are going to make our job confirming Judge Kavanaugh more difficult, and our job trying to keep the Senate and the House more difficult,” said the Judge in a packed opening remark.

“On the other hand, if the president were to fire Rod Rosenstein or if he were to resign, he is Jim Comey’s best witness on the obstruction of justice charges,” he continued. “Because he was there when the president said ‘come up with and give me a basis to justify firing Comey. Here’s what I want to, here is really why I want to do it. Now you make it look kosher.'”

Host Harris Faulkner then asked about whether the President would be able to fill the position. Napolitano said that there must be “a human being” present to run things, pointing out that Attorney General Jeff Sessions has removed himself from the Mueller probe, and that someone has to actually oversee it. He mentioned the two people who would be in line to fill Rosenstein’s spot, but didn’t think that it would change the investigation.

“I don’t think it brings about any change in the Mueller investigation at all,” he said.

Faulkner, surprised, said “you don’t?”

“No I don’t,” he replied. “Mueller has profound legal and ethical obligations to seek the evidence that he has been charged with seeking, and to prosecute if he feels he has a strong enough case, and I don’t see his new bosses, if there are new bosses, interfering with that.”

Faulkner asked if the new Deputy AG could fire Mueller, and Napolitano confirmed that the new Deputy AG could fire Mueller at Trump’s direction, but so could Rosenstein.

Watch above, via Fox News.

[Featured image via screengrab]

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