Both top Fox News legal analysts explained on “America’s Newsroom” that they see pursuing impeachment proceedings as a mistake that could ultimately hurt Republicans and President Trump.
Mr. Naplitoano explained the Department of Justice had a “legitimate, lawful” right to keep information secret from Congress because the investigation was still ongoing. Mr. Rosenstein could be found guilty of an ethical violation, but not an impeachable offense, he said.
However, he expected to see the DOJ give in to Republican demands.
“[The Justice Department] are going to cough them up because of threats like this, which are in my opinion wrong and baseless but embarrassing for everybody involved,” he said, “This will almost be a red badge of courage for Rosenstein that he endured this, defending the integrity, in his view, of the Department of Justice.”
Mr. Dershowitz gave a similar argument later Thursday morning and said if Republicans carry out their threat it could backlash against the president.
“It is the most shortsighted, and I have to say, stupid thing that I’ve heard in a long time,” he said.
The Harvard law professor said Republican’s justification for these impeachment articles is making the case for Democrats to go after Mr. Trump. Because Mr. Rosenstein has not committed any crime or violated a law, there isn’t a basis beyond disagreements or contempt.
“Impeachment is supposed to be there for serious crimes. Treason, bribery, other high crimes and misdemeanors,” Mr. Dershowitz said, “If you don’t like the way Rod Rosenstein is responding to your subpoena, charge him with contempt of court.”
Mr. Napolitano explained in his segment that Republicans could take the issue to court, but it likely wouldn’t do anything.
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