November 14, 2019

Judge Andrew Napolitano joined Neil Cavuto for a discussion of Wednesday's proceedings and to offer at least a few seconds of sane analysis to back up Chris Wallace too.

After a short summary of Democrats' and Republicans' strategy, Napolitano got right down to why that hearing was so devastating for Republicans and Donald Trump.

The Democrats make two legal arguments. One is soliciting campaign aid. If this were not Joe Biden, some unknown person, it wouldn't be a campaign aid, so there would be no criminal violation by the president," Napolitano explained. "But the failure to perform an affirmative duty -- releasing money that Congress ordered released -- until a favor is received, whether the favor comes or not, is bribery."

He added, "It wouldn't matter if it was Joe Biden or Joe Blow."

Looking for any silver lining he could, Cavuto asked, "Republicans have said even if there is the proverbial quid pro quo that we've talked about way too much, it's not impeachable. You say it very much is impeachable?"

Oh yes, indeedy, Republicans. As Republican Gerald Ford said once and Napolitano reminded, "An impeachable offense is whatever a majority of the House of Representatives thinks it is."

"I think the argument that asking for a favor and in return for doing a legal obligation releasing the funds is pretty clearly a violation of a criminal bribery laws," he reiterated. "Republicans may not want to acknowledge that, which is why they'd rather undermine the witnesses than address the merits."

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