Fox's Napolitano: McCabe firing could be seen as obstruction of justice

Fox New’s Judge Andrew Napolitano warned Monday that Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsHomeland Security advisory council members resign over family separations: report Once a Trump critic, Ala. rep faces runoff with his support Ryan: 'The president must appreciate that Russia is not our ally' MORE's firing on Friday of former deputy FBI director Andrew McCabeAndrew George McCabeBuck Wild: 'Is President Trump paranoid or is the Deep State out to get him?' Why does Congress keep playing political games on FBI oversight? FBI confidence in leaders sank after Comey was fired: report MORE could be seen as “obstruction of justice.”

Napolitano said on Fox News's "America's Newsroom" Monday that he viewed McCabe’s firing as “vindictive” and “reckless.”

“Andrew McCabe is more likely than not to be a witness against the attorney general’s boss, the president of the United States,” Napolitano said. “I think that firing him in that environment could very well be determined to diminish his effectiveness as a witness. What’s that called? Obstruction of justice.”


“I don’t know if Bob Mueller wants to go there, but that’s the argument,” he added, referring to special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE.

Sessions fired McCabe on Friday night, saying that the former FBI official had made an unauthorized disclosure to the media and wasn’t fully forthcoming with investigators.

McCabe said he was fired as part of an effort to undermine Mueller’s probe into Russia's election interference, in which he is likely to be a witness. 

McCabe led the FBI in the weeks after President TrumpDonald John TrumpTrump says he doesn't want to use 'adversary' to describe Russia Comey urges Americans to vote for Democrats in midterms Roby wins Alabama GOP runoff, overcoming blowback from Trump criticism MORE’s firing of former FBI Director James ComeyJames Brien ComeyComey urges Americans to vote for Democrats in midterms Trump calls Brennan ‘a very bad person’ after Putin criticism Buck Wild: 'Is President Trump paranoid or is the Deep State out to get him?' MORE, a reported area of interest in Mueller’s probe. 

Napolitano also blasted Trump’s lawyer John Dowd for saying in a statement that he wanted Mueller's probe to be shut down.

“Going on television, saying, ‘I pray that you shut down shop,’ is not the way a lawyer for an innocent defendant conveys the message on TV,” Napolitano said.

Dowd initially told The Daily Beast that he was making the statement on Mueller’s probe on behalf of the president, but later walked back the remark.

Trump once described Napolitano as a “very talented legal mind.”