Fox News Senior Legal Analyst: Trump’s Obstruction is ‘Unlawful, Defenseless and Condemnable’

Ever since special counsel Robert Mueller began investigating the President, Donald Trump has been adamant that there has been “no collusion, no obstruction,” and no other illegal or unethical activity on his part. Trump made sure to drive that point home to his Deplorable followers on Twitter nearly every day. And backing him up all the way on this was his State TV affiliate, Fox News.

Donald Trump, Andrew Napolitano

But now the bottom appears to be falling out of Trump’s defense strategy. In recent weeks a few lonely voices on Fox News have displayed some measure of independence and honesty. They are still a minority, and they are often castigated by their own network colleagues, but they are there and they are beginning to be more outspoken.

Judge Andrew Napolitano is one of those expressing views that are decidedly un-Foxian. Last month Napolitano told Fox host Neil Cavuto that he agreed with the Democratic chairman of the House Intelligence Committee, Adam Schiff, that there is evidence in the public record of Trump engaging in both conspiracy with Russia and obstruction of justice. He previously said that Trump’s firing of FBI Deputy Director Andrew McCabe was obstruction of justice. And now Napolitano is going even further with some hard and detailed facts:

“Mueller laid out at least a half-dozen crimes of obstruction committed by Trump — from asking former Deputy National Security Adviser K.T. McFarland to write an untruthful letter about the reason for Flynn’s chat with Kislyak, to asking Corey Lewandowski and then-former White House Counsel Don McGahn to fire Mueller and McGahn to lie about it, to firing Comey to impede the FBI’s investigations, to dangling a pardon in front of Michael Cohen to stay silent, to ordering his aides to hide and delete records.”

These remarks might not get much attention were they made by Rep. Schiff, or House Speaker Nancy Pelosi, or MSNBC’s Rachel Maddow. They would be be dismissed by right-wingers as partisan and political. But those criticisms cannot be credibly leveled against Napolitano who is a devoted conservative and a long-time fixture on Fox News. And he wasn’t done:

“The president’s job is to enforce federal law. If he had ordered its violation to save innocent life or preserve human freedom, he would have a moral defense. But ordering obstruction to save himself from the consequences of his own behavior is unlawful, defenseless and condemnable.”

That’s the sort of unambiguous statement of guilt (and from a judge no less) that you might expect from a partisan Democrat. But coming from a conservative legal expert on Fox News, it’s damn near conviction. It’s certainly justification for proceeding with impeachment hearings.

Napolitano also took Attorney General William Barr to task for wrongly defining obstruction of justice as only being applicable when it is successful or when there is an underlying crime committed by the obstructor. That’s nonsense and not rooted in the law. It is still obstruction if one attempts to interfere with the the judicial process and fails. If you try to rob a bank and don’t pull it off, you are going to jail. Likewise, it’s still obstruction if one attempts to interfere with a case that involves someone else. If you lie to the police about a crime you know you’re cousin committed, you are going to jail.

Barr’s absurd misinterpretation is a blatant attempt to cover for Trump and could be considered obstruction of justice itself. And it’s so egregiously conspicuous that even a Fox News legal analyst can see it and felt compelled to react. When this sort of blowback comes from the network that Trump regards as his own media division, it can’t be long before the damn breaks and others on Fox, along with Republicans who can no longer pretend that Trump isn’t an un-American charlatan, conclude that it’s time to put country before party – or before the naked emperor routine that Trump is trying to pull off.

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

UPDATE: Here’s video of Napolitano’s remarks. It is really worth watching.

UPDATE II: And naturally, Big Baby Trump lashed out at Napolitano in a pair of tweets that also slammed Shepard Smith, while praising Trump-fluffer Alan Dershowitz’s utterly imbecilic argument that there can be no obstruction of justice without a conviction of an underlying crime. No reputable lawyer believes that.

Big Baby Trump ‘Welcomes’ Joe Biden to a Race that Will Be Dominated By Trump’s Fear

As might be expected, Donald Trump demonstrated today that he has still not progressed emotionally from the stage of a chollicky infant. In response to Joe Biden’s announcement that he is entering the primaries for the Democratic nomination for president, Trump lashed out with a sarcastic welcome that featured a recycled nickname that he previously gave to NBC’s Chuck Todd: “Sleepy” Joe Biden.

Donald Trump

Trump’s tweet was typically boorish and devoid of either wit or substance. It was just another one of his ad hominem harangues that he thinks are so clever, that his cult followers lap up, but that prove nothing except for how shallow and hateful he is:

For Trump to demean the intelligence of Biden, or anyone else, is truly peak irony. This is a man who thinks winter is an argument against climate change; who thinks that stealth bombers are really invisible; who doesn’t know that tariffs are paid by consumers, not countries; who says he’ll take any attempt to impeach him to the Supreme Court. And the irony continued with Trump’s assertions that it’s the Democrats who are “nasty, sick, and demented.”

However, the race that Trump is welcoming Biden into is one that will be dominated by Trump’s own fears and desperation. Immediately after the release of the redacted report by special counsel Robert Mueller, Trump declared that he had been “totally exonerated.” But ever since he has been castigating Mueller and the report as a hoax that was corrupt and illegal. And despite his lame attempts to cover it up, he clearly knows that he has been exposed as having committed crimes and for obstructing justice. Which is why he also tweeted these anxiety-riddled thoughts today:

So now Trump is calling his former White House counsel, Don McGahn, a liar. Is that another example of his hiring “the best people’? Also, Trump never fires anyone himself. He always gets some other patsy to do it for him. And as for the claim that he “respectfully allowed [Mueller] to finish his work,” that was only after he called him a “conflicted, corrupt, illegal, disreputable Trump Hater,” who was on a “Witch Hunt”? That’s Trump’s idea of respectful.

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

And we can expect more of the same as the 2020 presidential election gets into gear. Trump will continue to act like a big baby, continue to lie, and continue to malign his opponents and critics with baseless and childish insults. If America is lucky, Trump will be impeached or resign before we all have to go through more of that.