Judge Andrew Napolitano on Tuesday said he texted with the battered Sen. Rand Paul, who told the Fox News analyst that he is "pissed and miserable."
Judge Napolitano made the comments during a segment on Shepard Smith's afternoon show on Fox News.
"He was angry but in a lot of pain," Judge Napolitano told Smith. "'I'm pissed and I'm miserable. I'm in a great deal of pain.'"
Paul suffered five cracked ribs and a lung contusion in the attack last week at his Kentucky home.
The mystery deepens over what led Paul's neighbor, Rene Boucher, to allegedly blindside-tackle him on his own property after mowing his lawn.
A neighbor told CNN on Tuesday that the two had been quibbling for years over lawn waste — leaves and grass clippings blowing into each other's yards.
But Judge Napolitano isn't buying it.
"Very extreme for a dispute over compost," Judge Napolitano said. "Tremendous amount of force for a minor dispute. Tremendous amount of violence."
Napolitano said the feds are now investigating over "their perception that state charges are woefully inadequate."
State law enforcement is considering upgrading the charges to Boucher, who bonded out on fourth misdemeanor assault that would result in no jail time as long as the anesthesiologist had no priors, Napolitano said.
However, the state is considering assault charges that could result in 5-10 years in prison, Judge Napolitano said.
"If this was done for political reasons, meaning to keep the senator from getting to Washington to vote" would result in a federal prosecution and the potential for 20 years in prison, Judge Napolitano said.
Senate Majority Leader Mitch McConnell on Tuesday said Sen. Paul would return to Capitol Hill next week.
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