Judge Napolitano: Sessions Will Be Testifying As A Witness; Dangerous Position, He Should Not Testify

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Fox News senior judicial analyst Andrew Napolitano weighs in on Attorney General Jeff Sessions' decision to testify in an open hearing about his contacts with Russians during the 2016 election.

Bookmark for 2:00 pm Tuesday: Watch Live: AG Jeff Sessions Testifies On Contacts With Russians In 2016

JUDGE NAPOLITANO: [Newt Gingrich] is partially right in that Bob Mueller is not neutral. Prosecutors are not neutral, they prosecute people!

They believe that their targets are guilty and they amass evidence to justify that belief, that is what they do. They fact that Bob Mueller and Jim Comey may be friends, and colleagues, is also of no [matter]

Prosecutors are often friends and colleagues with the police officers and the FBI agents they employ to do their investigation, and eventually testimony...

I'm telling Newt Gingrich that this is no different from any other prosecution.

Independent counsel, not neutral counsel, independent counsel meaning independent from the Justice Department. Or regular full time federal prosecutor...

The whole country, particularly those of us in this business want it to be in public so we can witness what he is going to say, this is a very dangerous position for him to be in.

He is not testifying as the chief law enforcement officer in the land, as the attorney general, he is testifying as a witness because he doesn't run the Russia investigations, any of them. He is a witness. He has involvement in both, he is going to be accused of perjury, he is going to come to a conflict point where he has to decide... is he here to defend the president of the U.S. or himself. That is an awful position for him to be in...

I would advise: Do not put yourself in this position, it is a no win situation.

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