Judge Napolitano: Trump Can’t Stop Mueller From Testifying Once He Resigns From DOJ

Appearing on Fox Business Network’s Cavuto: Coast to Coast, Fox News senior judicial analyst Judge Andrew Napolitano told host Neil Cavuto that President Trump really doesn’t have a legal leg to stand on when it comes to preventing Special Counsel Robert Mueller from testifying to Congress.

TRANSCRIPT:

NAPOLITANO: They are probably going to subpoena Bob Mueller and then he would be under the burden either to comply or to go to a federal judge and have the subpoena quashed. He is an employee of the Justice Department so his boss, Bill Barr, could already say you could go, could change his mind because his boss, the president, has changed his mind.

CAVUTO: But they’re mad at everybody, Barr, Mueller if he doesn’t, right?

NAPOLITANO: Bob Mueller can negate all of this by resigning from the DOJ, saying my job is over. Then he’s a private citizen and nobody can stop him.

CAVUTO: Does the president have the power to say you shall not testify?

NAPOLITANO: To a government employee? Yes. He does not have that power to a private person. There is no privilege. The report is 99% public. The author of the report has helped make it public. He certainly lawfully can testify about it.

CAVUTO: All right. I thought the president open, had nothing to hide, everyone wants to talk, let’s do this.

NAPOLITANO: That was the attitude of the president when he first learned of the four-page summary of conclusions Attorney General Barr released. That was the attitude of the president when the report first came out, when the president’s people like the rest of us examined the rest of the report, he flipped 180 degrees and was back to being critical of Mueller and the investigation and the people that participated in it. Then he said I have nothing to hide, then he said as recently as just last night, I don’t want him to go. So I don’t know how that plays out. I don’t know if I don’t want him to go is because to be translated in I order him not to go or if it’s just the president’s opinion at the moment.

Watch the clip above, via Fox Business.