Former national security adviser Susan Rice is a "public liar" who will likely be prosecuted for misleading Congress, as her credibility is already shot before she testifies during any committee hearings, Judge Andrew Napolitano said Tuesday.
"She is probably going to testify before one or two committees," Napolitano, the senior judicial analyst for Fox News, commented on the "Fox and Friends" program.
He noted that as part of that testimony, Rice will face "notorious attack dog, former U.S. Attorney [and] now Congressman Trey Gowdy, who really knows how to cross-examine."
Last week, Rice insisted she was simply doing her job by asking for the names of President Donald Trump's transition team and campaign staff to be unmasked for intelligence gathering purposes last year, and she said she did not leak anything to the media.
During a cross examination, a prosecutor shows how a witness lied in other instances, and asks if they are lying now, Napolitano said Tuesday.
"Simply stated, her credibility is shot before she even takes the oath and says a word," said Napolitano. Rice is a "public liar," he contended, "because of the lie she told about Benghazi" on five Sunday morning talk shows after the 2012 attacks that killed Ambassador Christopher Stevens and other embassy staff.
However, Rice may not be convicted so much for lying as for misleading Congress, which means "you can actually tell the truth, but still be convicted of misleading" if an answer is given that is "technically correct."
"Would she be prosecuted?" the judge asked. "I think so. I think the Trump administration is so furious at what she did they will lay a trap for her . . . she has a track record of misleading, serious public misleading. I wouldn't be surprised if Congressman Gowdy and his colleagues come up with a few other instances on which to examine her."
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