Judge Napolitano: Congress likely to hear testimony from Mueller, ex-WH counsel McGahn

Fox News senior judicial analyst Judge Andrew Napolitano said Wednesday that he believes when the dust settles, Special Counsel Robert Mueller and former White House lawyer Don McGahn will testify before Congress.

"Ultimately, Bob Mueller will testify," Napolitano predicted on "Shepard Smith Reporting."

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He made a similar prediction about McGahn, whom host Smith noted was quoted extensively in the Mueller report.

Napolitano said there is a "substantial public interest" in hearing from Mueller and McGahn.

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In regard to President Trump's assertion of executive privilege powers, Napolitano said that he'd "waived" the motion in regard to McGahn's statements to the FBI and Mueller's team.

He said that Trump gave McGahn permission to be interrogated by the bureau and the special counsel, leaving the subject matter of those conversations outside the realm of executive privilege going forward.

Napolitano added that Mueller is thus far required to follow the orders of his superiors at the executive branch when it comes to testifying before Congress.

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Mueller has "also said his work is over, so he could resign his job as special counsel tonight and walk into the House Judiciary Committee tomorrow morning and give testimony," he added.

The White House is thus far blocking McGahn from producing documents demanded by the Judiciary Committee.

Current White House Counsel Pat Cipollone wrote to Chairman Jerrold Nadler, D-N.Y., on Tuesday, notifying him that McGahn would not comply with the subpoena, which, according to the letter, seeks certain White House records given to McGahn that are related to Mueller’s investigation.