Evidence likely exists of President Donald Trump committing conspiracy and obstruction of justice, just not enough to warrant a prosecution, Judge Andrew Napolitano said Wednesday.
Napolitano joined Fox Business Network host Neil Cavuto and said Democrats will pick apart special counsel Robert Mueller's report and find portions to exploit when it is released.
"In the 700-page summary of the 2 million pages of raw evidence, there is undoubtedly some evidence of a conspiracy and some evidence of obstruction of justice – just not enough evidence," he said.
"Prosecutors ethically cannot bring a charge unless they believe they can prove it beyond a reasonable doubt. So, once the 700 pages come out — and this is my criticism of the attorney general, he shouldn't have even tipped his hands on this — the Democrats and other Trump opponents will have a field day with what is in there.
"If there were no evidence of conspiracy and no evidence of obstruction, the attorney general would have told us so. He didn't. So, there is something in there that the Democrats and opponents of the president want to see."
Attorney General William Barr released a brief summary last weekend that showed Mueller did not conclude Trump colluded with the Russians to win the 2016 election. Regarding obstruction of justice, Mueller said it was not clear if Trump did or did not commit that crime. Barr and Deputy Attorney General Rod Rosenstein decided against pursuing charges.
"On the obstruction charge, Mueller did what a lot of prosecutors do — they kick it upstairs, let the boss decide this," Napolitano said. "The evidence is equivocal. So, there is evidence of obstruction. There is evidence of no obstruction. They are equivocal, we are gonna let the boss decide them. The boss Bill Barr decided 'we are not prosecuting him.'"
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