The Donald Trump White House let slip a major legal opinion during a press briefing with Sarah Huckabee Sanders, Fox News senior judicial analyst Andrew Napolitano explained on Wednesday.
“I want to talk about with where we are with the people potentially on the chopping block,” anchor Harris Faulkner said. “The Deputy A.G. Rod Rosenstein and potentially Jeff Sessions, the Attorney General.”
“The president can fire the attorney general or a deputy attorney general for any reason or no reason,” former Judge Napolitano noted.
Faulkner showed a clip of the White House press secretary claiming Trump “has the power” to fire special counsel Robert Mueller.
“I was surprised to hear it with what Sarah Sanders said,” Napolitano explained. “Right after the clip you ran, she said ‘we’ve been advised we can.’ Translate, they asked for a legal opinion from the Justice Department and from outside lawyers — we now know this — about whether the president can fire Bob Mueller and they got arguments on both sides, but the arguments came down on the side of ‘yes, he can do so.'”
“Now it’s unsettled law, meaning there’s good law saying he can’t and there’s good law saying he can,” he noted.
The conservative legal analyst, who is a visiting professor at Brooklyn Law School, advised President Trump not to fire the special counsel.
“In my opinion, he ought not do so because that will start a cascade of events that will exceed his ability to control,” Napolitano warned.