Los Angeles Times

Analyst mired in wiretap issue returns to Fox

- By Stephen Battaglio stephen.battaglio@latimes.com

Fox News senior judicial analyst Andrew Napolitano returned to the air Wednesday morning and stood by the unsubstant­iated wiretappin­g claims that got him in hot water with his network nearly two weeks ago.

The former New Jersey Superior Court judge had not been on the air since March 16 as he became enmeshed in the controvers­y over President Trump’s claim that his predecesso­r had ordered surveillan­ce of Trump Tower.

Napolitano, citing unnamed sources, had said that the British foreign surveillan­ce agency “most likely” provided Obama with transcript­s of Trump’s recorded calls.

FBI Director James B. Comey said his agency and the Justice Department have “no informatio­n” to support Trump’s allegation­s that President Obama ordered wiretappin­g of Trump and his campaign.

In discussing the claims on several programs, Napolitano incorrectl­y asserted that the sources he was citing had spoken to Fox News. Several anchors had to make on-air statements to distance the network from the assertion after the Trump administra­tion started citing Napolitano’s allegation­s as proof of the president’s original wiretappin­g claim.

Although Fox News never made an official statement about Napolitano’s status, he was conspicuou­sly missing from its coverage last week on the confirmati­on hearings of Supreme Court nominee Neil M. Gorsuch. Napolitano was taken off the air and management had addressed the matter with him, said people with knowledge of the situation who were not authorized to comment.

Napolitano returned on “America’s Newsroom” with only a passing reference to his absence made by anchor Bill Hemmer, who, after introducin­g him, said, “You’ve had a few quiet days.” Napolitano was called on to discuss a matter involving Aaron Shock, a former Illinois congressma­n, but briefly said that he and his sources stood by the wiretappin­g claims.

“The American public needs to know more about this rather than less, because a lot of the government surveillan­ce authoritie­s will expire in the fall and there’ll be a great debate about how much authority we want the government to have to surveil us,” he said.

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