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Tune in to Fox News Channel for Complete Coverage of Oklahoma Tornado Devastation

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Tune in to Fox News Channel for Complete Coverage of Oklahoma Tornado Devastation

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Tune in to Fox News Channel for Complete Coverage of Oklahoma Tornado Devastation

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Tune in to Fox News Channel for Complete Coverage of Oklahoma Tornado Devastation

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Tune in to Fox News Channel for Complete Coverage of Oklahoma Tornado Devastation

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Tune in to Fox News Channel for Complete Coverage of Oklahoma Tornado Devastation

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Judge Napolitano on "Fast and Furious" Investigation: This Will Never Be Resolved Before Election Day

Earlier on Fox and Friends, Senior Judicial Analyst Judge Andrew Napolitano weighed in on the “Fast and Furious” scandal that took a new turn Monday when the House of Representatives filed a lawsuit against Attorney General Eric Holder. In June, a political battle ensued when Holder was found in contempt of Congress and President Obama invoked executive privilege over the documents related to the botched gun operation.

Napolitano said, “The complaint indicates that the House of Representatives asked the United States attorney for the District of Columbia, who works for Attorney General Holder, to prosecute him and he said no. The complaint also indicates that if Governor Romney is elected president and a different US attorney is in Washington, D.C.,

they might, and the Republicans control Congress -- so three ifs -- they will ask that US attorney to prosecute Eric Holder, who of course will no longer be the attorney general and will no longer have custody of the documents.”

On last night’s On the Record, Rep. Darrell Issa told Greta Van Susteren, “They lied to Congress, they then covered it up for 10 months and that’s what they're claiming [is] privileged. Much of what we’re asking for is who lied to us. Who produced the documents behind the scenes? Did they know or didn’t they know they were providing it? That’s a very simple standard.”

Napolitano asserted, “This will never be resolved before election day.” He went on to say that even if the judge spent five hours a day reviewing those documents he still wouldn’t be done by Election Day. He concluded, “No judge is going to stop just to look at those documents.”

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