Fox News senior judicial analyst Judge Andrew Napolitano said that former special counsel Robert Mueller will have to testify before Congress so that he can further explain his remarks that he gave at a press conference on Wednesday.
“He is certainly going to testify again, whether he wants to or not. He’s a private citizen, they’re probably going to serve him with a subpoena this afternoon,” Judge Napolitano told the hosts of “Fox & Friends” on Thursday morning.
“I think [Attorney General William Barr and Mueller] are going to testify next to each other at the same time. That would be really dramatic,” Judge Napolitano continued, while also shooting down speculation from co-host Brian Kilmeade that Mueller would never answer questions publicly.
“Listen, they work for us, we don’t work for them,” Judge Napolitano said to Kilmeade. “We’re adults. The government works for us. We’re entitled to see this testimony.”
Reiterating many of the themes he has articulated in recent months, Judge Napolitano said that he believed that Mueller was incorrect and that a sitting president could be charged while in office.
“Judge, are you allowed to charge a sitting president?” co-host Ainsley Earhardt asked him.
“Yes,” Napolitano responded. “We know that because Bill Clinton was charged with perjury.”
Mueller shocked both sides of the aisle after giving a surprise press statement on Wednesday. During their two-year investigation into whether Donald Trump’s presidential campaign colluded with the Russian government, Mueller and his team barely never spoke to the press, and there were minimal leaks surrounding the status of the investigation.
Mueller didn’t take any questions but made it clear that he felt that it would have been beyond his constitutional authority to charge the president with a crime.
“A president cannot be charged with a crime while in office. That is unconstitutional. Charging the president with a crime was not an option we could consider,” Mueller said from the Justice Department. “We were guided by principles of fairness. It would be unfair to potentially accuse someone of a crime when there can be no court resolution of the actual charge.”
“If we had confidence that the president clearly did not commit a crime, we would have said so,” he added. “We did not, however, make a determination as to whether the president did commit a crime.”
In his remarks to “Fox & Friends,” Judge Napolitano also noted how Mueller’s statement put him in direct conflict with Attorney General William Barr who has stated repeatedly that a president could be charged with a crime is the situation was warranted.