Fox News senior judicial analyst Judge Andrew Napolitano said the GOP effort to impeach Deputy Attorney General Rod Rosenstein will likely fail and will only serve as a “red badge of courage.”
Napolitano said the Department of Justice may end up caving to congressional demands for certain documents, but claimed the DOJ has a right to keep things secret. He called the situation “embarrassing” and “baseless.” (RELATED: Judge Napolitano Slams Media For Hysteria Over Trump’s Helsinki Comments)
“[The DOJ] are going to cough them up because of threats like this, which are in my opinion wrong and baseless but embarrassing for everybody involved,” Napolitano said on “Fox & Friends” Thursday. “The DOJ has a legitimate lawful basis for keeping certain documents secret in a pending investigation. I want this Mueller thing over as soon as possible. But it is still pending. And you can’t — you’d be interfering with it if you forced the public revelation of some of those documents.”
Napolitano cited one of the last major showdowns between the DOJ and Congress back in 2012, when former Attorney General Eric Holder was held in contempt and said history will likely repeat itself.
“Eric Holder … six years ago, when he was held in contempt by a Republican Congress, he was the attorney general, for refusing to surrender documents on Fast and Furious, he was held in contempt,” Napolitano said. “Nothing happened. You could hear a pin drop. They have to take the contempt across the street to a federal court and prosecute the contempt. If they don’t do that then nothing happenes.”
“Nothing ever happens,” he concluded. “This will almost be a red badge of courage for Rosenstein that he endured this, defending the integrity, in his view, of the Department of Justice.”
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