Napolitano: We're Not In A Constitutional Crisis Until The President Or Congress Defy Court Orders


Thursday morning on "Fox & Friends," FOX News judicial analyst Andrew Napolitano disagreed with a slew of Democrats who declared this week that the Trump administration defying Congressional subpoena for the full and unredacted Mueller report amounts to a "constitutional crisis."

House Judiciary Chairman Jerry Nadler declared a "constitutional crisis" Wednesday after his panel voted to hold Attorney General Bill Barr in contempt for refusing to appear for questioning earlier this week, adding that now is the time for testing if we can keep a republic or change to a "more tyrannical" form of government.

Napolitano said the contempt vote against Barr could have been avoided if the Department of Justice had filed a motion to quash the House subpoena for the unreacted Mueller report.

"Do we have a constitutional crisis?" Judge Napolitano asked. "In my opinion, we don’t. We would have a constitutional crisis if the courts ordered the president or Congress to do something and either of them defied the courts. That’s the crisis. Right now it’s just a clash."

Napolitano added that the reason judges have life tenure is "so they don't have to get involved in politics -- they're just concerned with whether or not the public interest in the redacted materials [of the Mueller report] outweighs the privacy rights of those being protected."

"There are some people in there, I believe, whose names we don't know, who are not politicians, who are officials of the government, who risk their lives to do our work. No good would come from revealing their names," he explained. "There are also materials in there that I think are not subject to executive privilege because some of it has nothing to do with communications of the president. Only a judge in her chambers can look at all that and decide if Barr did the right thing. Only a judge can decide to release this stuff even though the rules say you're not supposed to."

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