Judge Andrew Napolitano said he "profoundly disagrees" with Republican lawmakers' move to impeach Deputy Attorney General Rod Rosenstein.
A group of 11 House Republicans introduced five articles of impeachment against Rosenstein Wednesday evening, accusing him of intentionally withholding documents and information from Congress, failure to comply with congressional subpoenas and abuse of the Foreign Intelligence Surveillance Act (FISA).
The articles were introduced by Reps. Mark Meadows of North Carolina and Jim Jordan of Ohio, the chairman and a prominent member of the conservative House Freedom Caucus.
I just filed a resolution with @Jim_Jordan and several colleagues to impeach Rod Rosenstein. The DOJ has continued to hide information from Congress and repeatedly obstructed oversight--even defying multiple Congressional subpoenas.
We have had enough.
— Mark Meadows (@RepMarkMeadows) July 25, 2018
We can't get answers for the American people if we can't get information from the DOJ.
It’s time to impeach Rod Rosenstein. https://t.co/FeNtMs3mQH
— Rep. Jim Jordan (@Jim_Jordan) July 26, 2018
On "Fox & Friends," Napolitano pointed out that there is an extremely narrow basis for impeachment in the Constitution, and that's intentional.
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He said impeachable offenses would include treason, bribery or other high crimes and misdemeanors, but not improperly signing off on a FISA warrant or remaining in a position despite a possible conflict of interest.
"Those are good arguments for ethical violations but not impeachable offenses," Napolitano said, calling the effort to impeach Rosenstein "wrong and baseless [and] embarrassing for everybody involved."
He said Republicans may believe that Rosenstein is stonewalling their oversight requests, but the Department of Justice has a legitimate, lawful basis for keeping certain documents secret in a pending investigation.
"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."
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