Fox News senior judicial analyst Judge Andrew Napolitano said former FBI Director James Comey may end up damaging special counsel Robert Mueller’s investigation, by continuing his publicity tour while he’s still a witness for the grand jury.

“I’m actually surprised that Jim Comey is doing this now while he is still a witness before the grand jury that Bob Mueller summoned and therefore still under the control of Bob Mueller,” Napolitano said on “Fox & Friends” Tuesday. “He could very well say something in one of the many dozens of interviews and book signings he’s about to have, which will contradict something he told Mueller. Or contradict something he told to the grand jury.”

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“We don’t know if he’s testified already but we do know that he’s had many, many debriefings by Bob Mueller and Bob Mueller’s team, which consists of federal prosecutors and former FBI agents who used to work for him,” Napolitano continued. “If anyone of us had been a witness for Bob Mueller, we would have an agreement with Mueller not to discuss the testimony in public, for fear of some contradiction coming back to bite.”

Napolitano said Comey is likely motivated by money and a desire to hurt President Donald Trump, but should still be cautious about how he handles himself in public going forward.

“You are not subject to a federal prosecutor … I know you want to sell the book but the more you talk the more you’re going to hurt our case. That’s the conversation I expected Bob Mueller and Jim Comey had,” he concluded. “I don’t know if they had it. I don’t know if they had it. It’s an unusual situation that he’s in.”

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