Fox News’s Napolitano: Rosenstein’s alleged ethical violations are not ‘impeachable offenses’

Fox News legal analyst Andrew Napolitano said Thursday that Deputy Attorney General Rod Rosenstein’s alleged ethical violations are not “impeachable offenses.”

“Improperly signing off on a [Foreign Intelligence Surveillance Act] warrant, staying in a position of a conflict of interest — where you could be a witness in a case and you’re managing the case — those are good arguments for ethical violations but not impeachable offenses,” Napolitano said on Fox News’s “Fox & Friends.”

.@Judgenap on efforts to impeach Rosenstein: Improperly signing off on a FISA warrant & staying in a position of a conflict of interest are good arguments for ethical violations, but not for impeachable offenses pic.twitter.com/c69xmUA2PN

— FOX & friends (@foxandfriends) July 26, 2018

The former judge discussed the articles of impeachment introduced by a group of conservative House lawmakers late Wednesday against Rosenstein, the top Justice Department official overseeing special counsel Robert Mueller’s Russia investigation.

Rep. Mark Meadows (R-N.C.), the head of the House Freedom Caucus, and 10 co-sponsors introduced five articles of impeachment shortly after meeting with Justice officials.

The lawmakers accuse Rosenstein of having a conflict of interest in Mueller’s investigation because he could be called as a “witness” in the ongoing probe into potential surveillance abuse against former Trump campaign adviser Carter Page. Rosenstein signed off on the FBI surveillance renewal application to wiretap Page.

Napolitano said Thursday he often agrees with the small group of conservative lawmakers. 

“On this, I profoundly disagree with them,” Napolitano added. “It doesn’t matter what I think. The Constitution says there’s a very, very narrow basis for impeachment and that’s intentional.”

“Treason — this is directly from the Constitution — bribery or other high crimes and misdemeanors,” Napolitano added.

Democrats said on Wednesday that there is “no chance” that Rosenstein would be forcibly removed, calling the articles of impeachment “a direct attack on the special counsel’s investigation.”

“It is a panicked and dangerous attempt to undermine an ongoing criminal investigation in an effort to protect President Trump as the walls are closing in around him and his associates,” said Reps. Jerrold Nadler (N.Y.), Elijah Cummings (D-Md.) and Adam Schiff (Calif.), top Democrats on the House Judiciary, Oversight and Government Reform, and Intelligence committees, respectively, in a joint statement.

“It is certainly not, as its sponsors claim, a principled attempt to conduct oversight of the Department of Justice, because House Republicans have refused to conduct oversight of any aspect of the Trump Administration, except where the inquiry might distract from their failed agenda, undermine law enforcement, and serve the interests of President Trump,” they added.