Mueller statement shows Trump won't be indicted: Judge Napolitano

The statement on Wednesday by Special Counsel, Robert Mueller, commenting on his report into Russian interference in the 2016 U.S. elections, shows Trump won't be indicted, Fox News senior judicial analyst Judge Andrew Napolitano said.

Robert Mueller, in his first public appearance since beginning the investigation said if they had “confidence” that the president did not commit a crime they “would have said so.” Judge Napolitano told FOX Business’ Stuart Varney on Wednesday that the president can’t be indicted but it “opens the door for the Democrats to pounce” on the obstruction of justice issue.

“Effectively what Bob Mueller said is we had evidence that he committed a crime but we couldn't charge him because he's the president of United States -- This is even stronger than the language in his report” Judge Napolitano said.

“I think basically he’s saying the president can't be indicted otherwise we would have indicted him and we're not going to charge him with a crime because there's no forum in which for him… to refute the charges. But we could not say that he didn't commit a crime. Fill in the blank because we believe he did.”

Judge Napolitano also believes there is “fodder for the Democrats on the conspiracy side.”

“He didn't say there was no conspiracy. He just said we were not able to establish it beyond a reasonable doubt. There's some evidence of it… but not enough for us to make a criminal case out of it,” he said. “I think this is hurtful to the president, hurtful to Bill Barr, fodder for the Democrats. But I also think that the language in here is such that there's something in here for everybody.”


Judge Napolitano added that Mueller did not have to “stir the hornets’ nest” and resign on national television.

“He could have simply submitted a letter saying I resign I'm going back into private practice. Instead he took a shot at his boss whose 10,000 miles away.”