Fox News legal analyst Andrew Napolitano on Monday explained why President Donald Trump’s lawsuit against House Oversight Committee Chairman Elijah Cummings (D-MD) is almost certainly doomed to fail.
During an appearance on Fox News, Napolitano said that courts likely will not respond well to the arguments being made by the president’s attorneys, who are claiming that Congress is acting in bad faith in its efforts to obtain information on Trump’s past financial dealings.
“The complaint actually asks the court to second guess Congress’s motivation and courts are reluctant to do that because the courts and the Congress are equal branches of government and don’t get in the business of second guessing the motivation of either,” he said.
Napolitano did acknowledge that Democrats would have to show the courts that they weren’t simply on a partisan fishing expedition — but he predicted they could offer a fairly broad rationale for their requests that would be acceptable under the law.
“Congress will have to state for what purpose they want this,” he said. “It is a low threshold. They once investigated the contents of Roger Clemens’ urine. What the heck congressional purpose was that? And that was upheld! Once they state something even related to a congressional purpose the court, I think, will allow this to go through.”
Watch the video below.