Fox News legal analyst: 'There must be some evidence' of criminal activity in Mueller report

Fox News legal analyst Andrew Napolitano said Wednesday that special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE must have uncovered "some evidence" of criminal activity in his investigation into Russian interference and President TrumpDonald John TrumpThorny part of obstruction of justice is proving intent, that's a job for Congress Obama condemns attacks in Sri Lanka as 'an attack on humanity' Schiff rips Conway's 'display of alternative facts' on Russian election interference MORE

The comments came as Trump continues to say that Attorney General William BarrWilliam Pelham BarrThorny part of obstruction of justice is proving intent, that's a job for Congress Mueller report unveils American democracy under Russian attack Kellyanne Conway: Mueller didn't need to use the word 'exoneration' in report MORE's summary of the investigation exonerates him of the collusion and obstruction of justice allegations. 


“I have argued for a couple of weeks that the Barr summary, the four-page attorney general summary, did not say no evidence of conspiracy," Napolitano said on Fox News's "America's Newsroom."

"It did not say no evidence of obstruction. It said not enough evidence to establish the crime. Establish is lawyer-speak for prove it beyond a reasonable doubt."

Napolitano added that "there must be some evidence of something" in the report on Mueller's investigation.

"If there was no evidence of any criminal activity whatsoever then the attorney general would have said that in his four-page summary and he didn’t," he said. 

Barr said in a four-page summary sent to Congress last month that Mueller did not uncover evidence to conclude that the Trump campaign colluded with Russia to influence the 2016 presidential election. 

Mueller did not make a definitive stance on obstruction of justice. But Barr and Deputy Attorney General Rod Rosenstein decided Mueller did not provide sufficient evidence of obstruction of justice to pursue it. Mueller does not exonerate Trump on the issue, according to Barr's summary. 

Still, Trump and his supporters have repeatedly said that the summary exonerated him of all charges. Trump again said Wednesday that he was "totally exonerated."

Many lawmakers have called for Barr to release the full report on Mueller's investigation. Barr has said that he expects to release Mueller's report on the investigation by mid-April.

Napolitano has continually said that Mueller's investigation likely uncovered some evidence of collusion and obstruction of justice. 

“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,” he said in March. “Just not enough evidence.”