Judge Napolitano: No Constitutional Reason to Impeach Rosenstein

The grounds for impeachment are "very, very narrow," and there is no constitutional reason for Freedom Caucus Reps. Mark Meadows, R-N.C., and Jim Jordan, R-Ohio, to have filed papers against Deputy Attorney General Rod Rosenstein, Judge Andrew Napolitano said Thursday.

"I often agree with them, the small government crowd in the House that sometimes torments the House leadership on when they want to do things that are too big government oriented." Napolitano, the chief judicial analyst for Fox News, told "Fox and Friends." 

"But on this, I profoundly disagree with them."

But, he said, it doesn't matter what he thinks, but what the Constitution says, and it outlines a "very, very narrow basis for impeachment."

"That's intentional," he said. "If it were a broad base, people would be getting kicked out of office left and right. This is directly from the Constitution 'treason, bribery, or other high crimes and misdemeanors.'"

There is a good argument for ethical violations where Rosenstein is concerned, said Napolitano, but not impeachment.

"Improperly signing off on a FISA warrant, staying in a position of a conflict of interest, where you could be a witness in a case and you're managing the case, it's a good argument for ethical violations, but not impeachment," he said.

Former President Bill Clinton, on the other hand, was impeached for obstructing justice by lying under oath, Napolitano added.

The articles were filed against Rosenstein after he refused for months to turn over documents subpoened by Congress in the ongoing Russian interference investigation.

The claims include a series of allegations against Rosenstein, including that Rosenstein has a conflict of interest in special counsel Robert Mueller's probe because he is a "witness" who could be called in the ongoing investigation into potential abuse.

The Department of Justice reportedly will surrender some of the documents next week, but Napolitano said that's happening because of threats such as the ones made to Rosenstein.

"They are going to cough them up because of threats like this which are in my opinion wrong and baseless but embarrassing for everybody involved," said Napolitano.

"The DOJ has a legitimate lawful basis for keeping certain documents secret in a pending investigation. I want this Mueller thing over as soon as possible. But it is still pending."

He also referred to the case of former Attorney General Eric Holder, who was held in contempt by a Republican congress for refusing to surrender documents on the "Fast and Furious" scandal.

"He was held in contempt and nothing happened," said Napolitano. "You could hear a pin drop. Some people get held in contempt, but nothing ever happens."

And with Rosenstein, "this will almost be a red badge of courage," said Napolitano. "He endured this, defending the integrity, in his view, of the Department of Justice."

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• Rosenstein Impeachment Seen as Unlikely to Happen Soon