Fox News' Judge Napolitano: Mueller report shows Trump obstructed justice

Fox News legal analyst Judge Andrew Napolitano is not going easy on President Trump.

In a scathing op-ed and accompanying video published Thursday, Napolitano said that special counsel Robert Mueller’s report on Russian attempts to influence the 2016 presidential election and Trump’s efforts to cover it up showed a clear pattern of criminal behavior.

“When the president asks his former adviser and my former colleague K.T. McFarland to write an untruthful letter to the file knowing the government would subpoena it, that’s obstruction of justice,” Napolitano said in his video. “When the president asks Cory Lewandowski, his former campaign manager, to get Mueller fired, that’s obstruction of justice. When the president asks his then-White House counsel to get Mueller fired and then lie about it, that’s obstruction of justice. When he asked Don McGahn to go back to the special counsel and then change his testimony, that’s obstruction of justice. When he dangled the pardon in front of Michael Cohen in order to keep Cohen from testifying against him, that’s obstruction of justice. Why not charge him?”

The House Judiciary Committee on Monday subpoenaed McGahn to testify on what he told Mueller about Trump’s orders to fire the special counsel. While Mueller made no determination on whether to recommend criminal charges against the president for obstruction of justice, Attorney General William Barr decided not to do so.

The White House has indicated that it will fight the subpoena that would compel McGahn to appear before the committee, and Trump tweeted Thursday that he would have been with in his legal rights to fire Mueller.

Napolitano, who once told friends that Trump had considered nominating him for the U.S. Supreme Court, took a very different view of the actions of the president described in the Mueller report.

“The president’s job is to enforce federal law,” Napolitano wrote. “If he had ordered its violation to save innocent life or preserve human freedom, he would have a moral defense. But ordering obstruction to save himself from the consequences of his own behavior is unlawful, defenseless and condemnable.”

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WASHINGTON, DC - JUNE 6: Andrew Napolitano, senior judicial analyst for the Fox News Channel, testifies during a Federal Spending Oversight And Emergency Management Subcommittee hearing June 6, 2018 on Capitol Hill in Washington, DC. Members of both parties raised questions about a lack of Congressional oversight of military deployments overseas. (Photo by Aaron P. Bernstein/Getty Images)
WASHINGTON, DC - JUNE 6: Andrew Napolitano, senior judicial analyst for the Fox News Channel, testifies during a Federal Spending Oversight And Emergency Management Subcommittee hearing June 6, 2018 on Capitol Hill in Washington, DC. Members of both parties raised questions about a lack of Congressional oversight of military deployments overseas. (Photo by Aaron P. Bernstein/Getty Images)
WASHINGTON, DC - JUNE 6: Andrew Napolitano, senior judicial analyst for the Fox News Channel, testifies during a Federal Spending Oversight And Emergency Management Subcommittee hearing June 6, 2018 on Capitol Hill in Washington, DC. Members of both parties raised questions about a lack of Congressional oversight of military deployments overseas. (Photo by Aaron P. Bernstein/Getty Images)
NEW YORK, NY - APRIL 02: Arthur Aidala, Judge Andrew Napolitano, Joe Piscopo and Geraldo Rivera attend Sean Hannity & Friends celebrate the publication of 'The Geraldo Show: A Memoir' by Geraldo Rivera at Del Frisco's on April 2, 2018 in New York City. (Photo by Jared Siskin/Patrick McMullan via Getty Images)
Andrew Napolitano, senior judicial analyst for Fox News Channel, arrives in the lobby of Trump Tower in New York, U.S., on Thursday, Dec. 15, 2016. Federal Communications Commission Chairman Tom Wheeler said he'll leave office Jan. 20 as Donald Trump is sworn in as U.S. president, as the agency passes into the hands of Republicans hostile to regulations passed by Democrats including the net-neutrality rule. Photographer: Albin Lohr-Jones/Pool via Bloomberg
Judge Andrew Napolitano, the senior judicial analyst for Fox News, arrives at Trump Tower in New York on December 15, 2016. / AFP / JIM WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)
NEW YORK, NY - APRIL 02: Judge Andrew Napolitano, Kennedy and Bill Hemmer attend Sean Hannity & Friends celebrate the publication of 'The Geraldo Show: A Memoir' by Geraldo Rivera at Del Frisco's on April 2, 2018 in New York City. (Photo by Jared Siskin/Patrick McMullan via Getty Images)
NEW YORK, NY - MAY 02: Judge Andrew Napolitano attends the Greater Talent Network 30th anniversary party at the United Nations on May 2, 2012 in New York City. (Photo by D Dipasupil/FilmMagic)
NEW YORK, NY - MAY 07: Judge Andrew Napolitano seen on the streets of Manhattan on May 7, 2012 in New York City. (Photo by D Dipasupil/Getty Images)
NEW YORK, NY - MAY 07: Judge Andrew Napolitano seen on the streets of Manhattan on May 7, 2012 in New York City. (Photo by D Dipasupil/Getty Images)
Former New Jersey Superior Court Judge and now a Fox News legal and political analyst Andrew Napolitano speaks to the We Texans rival political party in Dallas. The group was shut out from the Republican Convention in Dallas over the weekend and met at another local hotel. (Photo by Robert Daemmrich Photography Inc/Corbis via Getty Images)
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