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Napolitano Asks If Trump Can Legally Examine His Investigators

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Nick Givas
May 24, 2018 1:28 PM ET

Fox News senior judicial analyst Judge Andrew Napolitano wrote an op-ed for Fox News Thursday, asking if President Donald Trump has the authority to examine his investigators.

“The president cannot interfere with criminal investigations against himself without running the risk of additional charges of obstruction of justice,” Napolitano wrote. “Nor can members of Congress see whatever they want in the midst of a criminal investigation, particularly if they might share whatever they see with the person being investigated.”

Napolitano said he believes Trump does have a right to probe those investigating him, but only after the inquiry into him is concluded.

“Trump’s allegations are of extreme scandal,” Napolitano wrote. “The use of FBI assets by the Obama administration to impede his presidential campaign. Yet if he is exonerated, those allegations will lose their sting. If he is charged with crimes or impeachable offenses that do not have their origins in politically charged spying, then his allegations will be moot.”

Napolitano said Trump might be interfering with the investigation by demanding raw intelligence files and believes his actions could threaten the rule of law.

“If [Trump] were to force the DOJ to turn over raw investigative files now to politicians who want to help him, he might very well be impeding the criminal case against him,” Napolitano concluded. “That would be profoundly threatening to the rule of law, for it provides that no man can be the prosecutor or the judge in his own case. Even Trump’s lawyers acknowledge that he could not lawfully do that.”

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