Napolitano went on to confirm that he thinks the president is an unindicted co-conspirator and he thinks there is a very real possibility that Mueller indicts President Trump.
Fox News' senior judicial analyst Judge Andrew Napolitano told host Shepard Smith Monday that there's "ample evidence" to indict President Trump, the only question is if they really want to do it. Given the evidence, he said, the Department of Justice really has two options: either decline to indict or indict in secret.
The discussion began with Shepard Smith noting that Napolitano has asserted previously that, contrary to Rudy Giuliani's emphatic claims Monday, Trump will talk with Special Counsel Robert Mueller, it's just a matter of when and how, whether that's one-on-one "with a lawyer whispering in the president's ear" or via grand jury subpoena.
"You think that a grand jury subpoena is a real thing that might come for President Trump?" Smith asked.
"Yes, I do," said Napolitano. "I think that Bob Mueller knows that he needs to lock the president in to a version of events before he takes the next step — whatever the next step is, whether it's indictment or whether it's a referral for impeachment."