Judge Nap: Order From New Judge in Michael Flynn Case Is Unheard-Of

Judge AndrewNapolitano assessed Tuesday the unusual turn of events in the guilty plea from former national security adviser Michael Flynn for lying to the FBI.

The new federal judge in the case, Emmet Sullivan, asked last week for all exculpatory evidence to be turned over to Flynn's attorneys.

"That is unheard-of," Napolitano said. "He must suspect a defect in the guilty plea, meaning he must have reason to believe that General Flynn pleaded guilty for some reason other than guilt," he said, adding Flynn may have pleaded guilty to avoid a costly legal battle or to keep his son out of legal jeopardy.

"Now the question arises: was he guilty?"

Napolitano also said he believes Special Counsel Robert Mueller is trying to "smoke out" any Americans who may have been involved in Russian election meddling.

The Fox News senior judicial analyst was asked why Mueller brought an indictment against 13 Russian nationals who are unlikely to ever be arrested for the alleged offenses.

"To smoke out any Americans that helped them," he explained, adding he believes there could be targets of the investigation under surveillance.

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