Judge Andrew Napolitano criticized the Justice Department's release of Jack Smith's report on the Trump case, calling it a self-congratulatory gesture with little legal merit during his appearance on Newsmax Tuesday.
Napolitano, a senior judicial analyst at Newsmax, characterized the Justice Department's release of Jack Smith's report on the case against President-elect Donald Trump as an unnecessary display of self-approval. Speaking on "Carl Higbie FRONTLINE," Napolitano dissected the report and its implications.
"The report itself … it's 175 pages long, and basically consists of the Justice Department doing this," Napolitano said, patting himself on the back to illustrate his point. "They had such a strong case against the president. That is not newsworthy. The government is not supposed to prosecute anyone unless they believe they have a strong case."
Napolitano dismissed the report's relevance, noting its legal insignificance following the dismissal of the case. He argued that the government's confidence in its case was standard practice rather than a revelation.
Addressing specific accusations within the report, Napolitano found little substance.
Regarding claims that Trump's speech incited violence or that he delayed urging calm during the Capitol unrest, Napolitano rejected the notion of criminal liability.
"There cannot be a crime that the president didn't discharge his duties quick enough, and no jury could second guess the president on that," he said.
On allegations that Trump improperly pressured investigations into voter fraud, Napolitano emphasized that such requests were part of the Justice Department's role.
"The fact that he may have asked them to … investigate fraud, of which he was the victim, is a normal reaction on the part of the president," Napolitano argued.
Napolitano also dismissed claims of witness intimidation, noting they were not included in the indictment.
"The allegations … are just window dressing, just extraneous nonsense to tarnish him the week before he becomes president again," he said, alluding to Trump's current political standing.
When asked whether the report was politically motivated, Napolitano said, "I would say it is predominantly political. I don't think it was motivated by [President] Joe Biden. I think it was motivated by career prosecutors who disliked the personality and temperament of Donald Trump."
Napolitano concluded by emphasizing that personal dislike should never be the basis for criminal charges.
"Not liking someone … is not evidence against them," he said. "Nor should it ever, ever be the basis for a criminal prosecution."
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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