The Mueller probe may not be over just yet. Judge Andrew Napolitano said there is positively "some" proof of Trump-Russia conspiracy and obstruction of justice in the 700 page report.
“In the 700 page summary of the 2 million pages of raw evidence there is undoubtedly some evidence of a conspiracy and some evidence of obstruction of justice,” he told FOX Business’ Neil Cavuto. “Just not enough evidence.”
Judge Napolitano said that prosecutors ethically are not able to bring charges unless they can prove it without a reasonable doubt. But Attorney General William Barr never indicated it.
“So once the 700 pages comes out, and this is my criticism of the Attorney General, he shouldn’t have even tipped his hands on this… the Democrats will have and other Trump opponents will have a field day with what is in there,” he said. “If there were no evidence of conspiracy and no evidence of obstruction the attorney general would have told us so—he didn’t.”
Judge Napolitano said regarding the conspiracy charges, there is not enough to prove guilt. However it gets a little murky when it comes to obstruction.
"Mueller did what a lot of prosecutors do-- they take it upstairs—let the boss decide this," he said. "The evidence is equivocal. So there is evidence of obstruction. There is evidence of no obstruction—they are equivocal, we are going to let the boss decide them. The boss Bill Barr decided we are not prosecuting him."
Judge Napolitano said this could continue to play out for the duration of President Trump’s term.
*The headline was edited for clarification on 3/28/19.