November 22, 2019

Once again, it's up to Judge Nap to deliver the bad news to the Fox audience.

Ainsley Earhardt is an expert at the Fox-framed question: "The president says he's always in a good mood and he says it's all over. So do Democrats still have a case?"

GOSH, Ainsley, ya think?

Napolitano put it in little words for Ainsley: "The Democrats have a case."

ANDREW NAPOLITANO: I think the Democrats do still have a case. One would expect the president, in September, after the whistleblower's allegations came out, after the president was accused of a quid pro quo, to say "no quid pro quo." Here we go with the Latin again.

But it is clear from what Ambassador Sondland testified yesterday that there was an understanding that the president wanted some things from the Ukrainians.

DOOCY: He said -- but, judge, he said he presumed.

NAPOLITANO: There's a lot of evidence in which you can base the presumption.

DOOCY: But, he didn't hear the president say it. He said, "I presume."

NAPOLITANO: Correct. Correct. But he also said Mike Pompeo knew it. Mike Pence --

KILMEADE: Everyone. He said Perry.

NAPOLITANO: -- Rick Perry knew it. Mick Mulvaney knew it. Now, when allegations like that are made, and the committee subpoenas those people, and they don't show, for whatever reason, the committee can infer that their testimony would be consistent with the ambassador's.

DOOCY: So that's an article of impeachment?


Then Napolitano pointed out the most important thing about Sondland, the thing that flattens any right-wing smear of Sondland.

NAPOLITANO: So the ambassador is not a never Trumper. He is not a Democrat. He's not somebody wanting to disrupt. This is the guy who's given a million dollars to the Republican Party and is the most important Trump-nominated ambassador in Europe. And he's saying this is what happened. The president wanted an announcement about Burisma, he didn't care if there was an investigation. He just wanted the announcement so he could use it. And we know that the money was held up for 55 days. The president didn't tell me that, because the president doesn't say those things.

DOOCY: "Talk to Rudy."

NAPOLITANO: He communicates through Rudy. Because the president knows from years when he did that here -- communicate through the lawyer -- that there is no attorney-client privilege in impeachment. And that's why Rudy won't testify.

And THAT is the legal hole the Trump people have dug for themselves. By not showing up to testify, Trump loyalists are confirming testimony against them.

h/t Media Matters for the transcript.

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