House Intelligence Committee Chairman Adam Schiff is following the rules of the House of Representatives when it comes to conducting the inquiry to gather the information that could lead to the impeachment of President Donald Trump, even though the president and Republicans have complained about the testimony being held behind closed doors, Judge Andrew Napolitano said Thursday.
"Congressman Schiff is not making up the rules," the Fox News judicial analyst said on "Fox and Friends." "You generate the information in secret. You decide which you want to make public."
He compared the current procedure to the impeachment of former President Bill Clinton.
"Republicans are looking for more transparency so that the better cross examiners among them can challenge the credibility and the essence of the testimony of the witnesses," said Napolitano, but Ken Starr, the independent counsel investigating Clinton, also conducted his inquiry in private.
"He put witnesses on before a grand jury and the grand jury made all kinds of findings and they took that," said Napolitano.
However, nothing was used against Clinton that came from Starr that wasn't filtered in public, so the president's lawyers can challenge it, as "that's what this procedure permits."
This means Trump's attorneys will be seated at a table at the House Judiciary Committee, challenging whatever evidence Schiff presents, and when that challenge is over, the committee will vote on whether the procedure proceeds and then the House will vote, said Napolitano
"There is nothing fair about this," argued show co-host Steve Doocy. "Congress has some screwy rules."
Napolitano agreed, but pointed out that the rules Schiff is following "were written in 2015, when Republicans controlled Congress, and now they are stuck with those rules."
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
© 2026 Newsmax. All rights reserved.