Fox News’ Judge Andrew Napolitano says its its “egregiously unfair” to President Donald Trump that special counsel Robert Mueller‘s investigation has ballooned to the size it has.

Napolitano spoke to Harris Faulkner on Tuesday about news reported by the Wall Street Journal that federal authorities are investigating former Trump lawyer Michael Cohen for alleged tax fraud. The Fox judicial analyst wasn’t particularly surprised by the news, saying Cohen probably spent weeks talking to Mueller and investigators about this before it became public knowledge.

Napolitano added that the investigation has become “a lot larger than anybody imagined at the time that Jeff Sessions recused himself,” and the attorney general “should not have accepted the appointment” to his position knowing he’d have to recuse himself in this case.

“In a sense, this is egregiously unfair to the president that they have now ensnared his own lawyer in conversations that he, the president – he was not president at that time – had every reason to believe would be protected and confidential are now fair game.”

Watch above, via Fox News.

[Image via screengrab]

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