Fox News’ Judge Andrew Napolitano has a theory about why Special Counsel Robert S. Mueller III did not indict President Donald Trump for obstruction of justice: Because Attorney General William Barr forbade him to do so. In an opinion piece for Fox News, Judge Napolitano references the fact that GOP Congressman Justin Amash has been calling for Trump’s impeachment. He also refers to Amash’s argument as “unassailable.”
Napolitano went into detail about Mueller’s work, the indictments handed down, and, most importantly, how Trump tried to get in the way of Mueller’s investigation so as to avoid criminal liability for himself and for those around him. However, regardless of what wrongdoing Mueller found, according to Napolitano, nothing would happen to him because Attorney General William Barr was protecting him. Napolitano says of that particular element of the case:
“Barr has not permitted Mueller to seek an indictment of Trump because Barr reads the obstruction statute as letting Trump off the hook because he was not charged with conspiracy to collaborate with the Russians — the original crime Mueller was investigating. That view of obstruction — an innocent person cannot legally obstruct an FBI investigation of himself — has been rejected by nearly all law enforcement, including by Barr’s own DOJ prosecutors.”
Napolitano’s argument is, in a nutshell, this quote from his piece:
“Mueller did not seek an indictment of the president on these crimes because he knew that Barr, his boss, would not permit one. “
Perhaps this is true, perhaps it is not. After all, this is an opinion writer and television personality who has openly feuded with Trump. However, it is a very interesting opinion, considering what is in the Mueller report.
Watch Judge Napolitano’s commentary on the matter below: