Attorney General Jeff Sessions' decision to recuse himself from the probe into possible collusion between the President Donald Trump's campaign staff and Russians was "a mistake," Judge Andrew Napolitano said Wednesday.
"I don't think that taking him out of the biggest investigation in the post Watergate era was warranted because he forgot that he had one or two meetings with the Russian ambassador," Napolitano, senior political analyst for Fox News, told the "Fox and Friends" program.
A recusal can be undone, Napolitano said, but at this point, news reports are indicating that Trump was angry at Sessions for stepping away from the investigation, and that Sessions had offered to resign because of the Trump-Russia rift.
Napolitano, though, said he hopes that does not happen, as "it would be very, very bad for everything happening on Capitol Hill now if Jeff Sessions were to resign."
Meanwhile, Napolitano also commented on the case of NSA contractor Reality Winner, who has been charged with leaking confidential information to media, and said he actually applauds the leak.
"It shows that Barack Obama was untruthful when he stated that the Russians had no effort to interfere with the election," Napolitano said. "It shows that Vladimir Putin was untruthful, and it shows there was no connection between the Trump campaign and the Russians."
There is "no question that she broke the law," Napolitano said of the suspect. "Absolutely no question. But she did it for a higher good and I am glad we know now what was in that report."
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