One can't blame President Donald Trump for being furious over former acting FBI Director Andrew McCabe's claims, but his anger should be directed even more at deputy Attorney General Rod Rosenstein, Judge Andrew Napolitano said Tuesday.
"His fury should be aimed at Rod Rosenstein whom he could fire with the stroke of a pen or a phone call," Napolitano told Fox News' "Fox and Friends." "They are going to let him stay on for another month until his replacement is in place at the Justice Department."
Rosenstein is expected to leave in the middle of March, with new Attorney General William Barr reportedly having chosen Jeffrey Rosen, the president and CEO of the National Constitution Center, to serve as his deputy.
Meanwhile, Napolitano said he does not think former FBI Director James Comey was involved in discussions of invoking the 25th Amendment to oust Trump, as he had been fired by the time the conversations took place.
"Some may say it was discussed before Comey left," said Napolitano. "We haven't heard any evidence of that."
McCabe has said Rosenstein offered to wear a wire while talking to Trump, which the deputy AG has said was made jokingly.
"They actually counted heads in the cabinet," said Napolitano. "Now, here's their defect. The way the 25th Amendment is written, they must have the vice president with them."
Vice President Mike Pence's loyalty to Trump is "legendary and unshakable, thanks be to God," said Napolitano. "To manipulate the president of the United States out of office it's breath-taking, historic and of course, it didn't work."
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