Top Fox News Legal Analyst: Comey’s Memos Weren’t Classified but are Damning for Trump if True (Video)

Despite having a history of saying some rather absurd things, including apparently being the main “source” for Donald Trump’s accusations that Barack Obama had his building illegally wiretapped, Fox News legal analyst Andrew Napolitano has been rather candid when discussing this “president” and the on-going investigation into his campaign and some of his associates.

For instance, on Monday he disputed Trump’s accusation that the memos James Comey released were classified.

“When Jim Comey handed over the four memos had anything been classified or was it retroactive?” Napolitano said. “Question two, was the classification, if retroactive, a proper classification or was it classified for some other purpose? Question three, was anybody harmed by Jim Comey passing those memos on to the professor? That’s what the government is interested in.”

“I don’t think there was anything in there that was classified, I really don’t,” he added. “I think those were his own recollections, maybe self-serving, maybe truthful.”

And that’s the main point here.

Even if something does eventually get deemed “classified” in the memos Comey wrote (which is unlikely), it wouldn’t have been deemed “classified” at the time the memos were made public. It would be a retroactive classification. While that’s not exactly good, that’s an entirely different situation than Comey taking documents he knew had been deemed classified, yet going ahead and “leaking” them anyway.

Which is basically what Trump’s implied happened.

Then Napolitano laid out the case for why Comey’s letters are so troubling for Trump.

“I think it’s an indictment — lower-case I, not an indictment from a grand jury — it’s an indictment of the president if those are accurate,” Napolitano explained. “The memos are what Jim Comey told whatever committee he testified before, I don’t remember which one, it was shortly after he was fired, that the president attempted to interfere in the investigation of Mike Flynn. That doesn’t mean the president did, it means in Jim Comey’s view there is evidence of it. So the memos back up the testimony that he gave.”

I like how Napolitano was very careful to make sure not to indicate that these memos all but confirm Trump tried to obstruct justice. While I understand he doesn’t want to say emphatically that this “president” committed a crime, I did chuckle at how he tried to make the point that Comey’s memos are very bad for Trump — while also making sure to say that there’s no proof that they’re valid.

Because, you know, it’s rational to believe that Comey staged all of this in anticipation of being fired by a probable criminal.


I just can’t see Comey fabricating what happened in his interactions with Trump. While it’s possible he might have anticipated that he was going to be fired, he began documenting his interactions with this “president” just after he met him based on his feeling that he was dealing with a corrupt individual who couldn’t be trusted. So it wasn’t as if he only began documenting their conversations after Trump had, in Comey’s opinion, tried to obstruct justice and interfere in an FBI investigation.

I’m still not convinced Republicans in Congress will ever grow a spine and hold Donald Trump accountable for the very same crime for which they impeached Bill Clinton, but I am extremely curious to see how all of this plays out. At least based on what we know thus far, it seems rather apparent that this “president” is someone who’s guilty of trying to obstruct justice, and firing James Comey was part of his efforts to do just that.

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Watch his comments below via Fox News:




Allen Clifton

Allen Clifton is a native Texan who now lives in the Austin area. He has a degree in Political Science from Sam Houston State University. Allen is a co-founder of Forward Progressives and creator of the popular Right Off A Cliff column and Facebook page. Be sure to follow Allen on Twitter and Facebook, and subscribe to his channel on YouTube as well.