Fox News legal analyst Andrew Napolitano schooled a very confused Ainsley Earhardt on “Fox & Friends” Tuesday morning.
While discussing the process of conducting an impeachment trial of President Donald Trump in the Senate, Earhardt questioned whether Trump would be in his rights to simply have all charges against him dropped if House Speaker Nancy Pelosi (D-CA) kept stalling on sending over articles of impeachment against him.
“When a prosecutor brings a case against someone and then refuses to try it, can’t that person constitutionally dismiss the charges?” she asked.
“There is no prosecutor and no case being brought,” Napolitano replied.
“But isn’t it the same thing?” Earhardt asked.
Napolitano then told Earhardt that impeachment is a political process and not a legal process, so the traditional rules don’t necessarily apply.
“So is that a no?” she asked.
“I can’t answer it yes-or-no!” Napolitano said. “Ms. Pelosi is trying to influence the rules of the Senate by refusing to surrender the articles of impeachment until the senators agree to live testimony.”
Napolitano then said that former national security adviser John Bolton gave Pelosi’s pressure campaign a shot in the arm on Monday when he announced that he is prepared to testify in the Senate trial.
Watch the video below: