Whenever Judge Napolitano goes full "actually explaining what the actual law is," it's going to run counter to what Trump voter Fox Newsicans want to hear.
March 6, 2018

Yeah, we know Judge Napolitano got suspended from Fox News last year for making up sources re the Trump Russia investigation. I'm not suggesting that he's learned any lessons from that.

It's important to note that there are two Napolitanos on Fox. The one who tells Fox viewers what they want to hear (and then on rare occasions gets in trouble for it), and the actual law school graduate and former courtroom employee who knows the law and says what is actually true. More often than not this Judge Napolitano has bad news for Trump fans. As he did today, talking about Sam Nunberg's legal position:


ASHLEY WEBSTER (subbing for Stuart Varney because accent, I guess) (regarding Nunberg) Is this guy credible because based on the performance we saw yesterday? No.

NAPOLITANO: It was profoundly lacking in credibility. But there were two profound legal issues. One is the following. Three weeks ago, Sam Nunberg voluntarily agreed to an interview by an FBI agent, who came and interviewed him for 5.5 hours. Whatever he told them, they decided they wanted that told to a grand jury. We don't know what he told them. I doubt that he came across with them the way he came across on CNN and MSNBC -- they would've stopped the interview. There is something there. Second legal issue and I don't know that it happened but he said it happened. He said they offered him immunity. That is a profound, profound offer which the government rarely gets out.

WEBSTER: That suggests he has the goods.

NAPOLITANO: He also has personal exposure himself. They cannot prosecute you for anything in your life up to the moment of immunity unless you lie or commit another crime. They don't give this out easily. They can give it to you against your will. They can immunize you against your will. When that happens, you have no legal protection. You are forced to testify. If you refuse to, with immunity or without, the judge will say "you are a lawyer. Do I have to explain a lot to you? It's a valid subpoena, valid grand jury. If you don't go, they'll lock you up.

WEBSTER: Can you plead the Fifth?

NAPOLITANO: No, you can only plead the fifth if there's a legitimate exposure to himself. He would've had to plead the fifth when he did the interview. The fact he gave the interview means whatever you talked about in the interview is not privileged and you have to answer the questions.

WEBSTER: If he's belligerent, doesn't do anything they can hold him in contempt.

NAPOLITANO: He said "come get me" to the FBI. They will show out.


Fox News viewers have been told for over a year now that Trump Russia is nothing but an illegitimate witch hunt against their dear leader. Napolitano is suggesting -- on Fox -- that Nunberg's behavior indicates they may have to brace themselves for some bad news.

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