ANDREW NAPOLITANO (FOX NEWS SENIOR JUDICIAL ANALYST): There's two sides to this. One is that the president is the chief law enforcement officer of the land and should have some control over the Justice Department, and this president feels that he has no control over the Justice Department because of the total breakdown in communications between the president and the attorney general. 

The other side is, these are evidence -- this is evidence of serious crime here, and there can't be two standards, one for members of Congress -- Republican members of Congress -- and one for others. It is the duty of the Justice Department to prosecute crimes when they find them, and to bring indictments when a grand jury has decided there's enough evidence there. 

In the case of Congressman (Chris) Collins from New York, there's an actual tape of him on his cell phone at the White House during a party, hosted by President and Mrs. Trump, telling his son, “sell the stock,” you know, because there was bad news coming in shares of stock that they owned. Any father would do that for any son, but it's still a crime, and the Justice Department was right to indict him.

AINSLEY EARHARDT (CO-HOST): Was that a government phone? How'd they get the tape?

NAPOLITANO: I don't know the answer to that if it was a government phone. But, he wasn't charged with using government property to further a crime. In the case of Congressman (Duncan) Hunter this is a very, very serious and sad story of the degeneration of a member of Congress who comes from a great family. His father held that congressional seat for many years. This was the use of campaign funds for personal, below-the-radar-screen reasons. It did start in the Obama administration, that is, the acts that the government alleges occurred while Barack Obama was president, and continued into the presidency of Donald Trump. The Justice Department would have been most unwise had it waited until after the midterm elections to pop these indictments. 

KILMEADE: But, Judge, here's the thing: Did they have these conclusions in June? Did they have them in May? Do we know that? 

NAPOLITANO: We don't know the answer to that. The only thing -- 

KILMEADE: That's what the president is saying.

NAPOLITANO: Correct, correct. But, when the president says these things, he gives -- basically, “I want to you use Justice Department to help the Republican Party?” That is fodder for the cannon of Bob Mueller and never Trumpers, and all those who wish the president ill. It's using his own words out of his own mouth to help put him in box of the use of government for political purposes.

Previously:

On Fox & Friends, Andrew Napolitano pressures Trump to fire Jeff Sessions

Lou Dobbs attacks Jeff Sessions for “showing his loyalty to the deep state, over President Trump”

Jeanine Pirro calls for Jeff Sessions’ head (because she wants his job)