On Fox News Monday, legal analyst and Trump-skeptic conservative Andrew Napolitano warned the president he is making a mistake by refusing to send counsel to make his case in the House impeachment hearings — and suggested that the president can’t claim the process is rigged against him when he refuses to even participate in the process.

“I think the president would be very unwise not to send lawyers there,” said Napolitano. He acknowledged that it would be “unseemly” of the president to testify at the hearings himself, “but I think he makes a mistake when he refuses to participate,” because his lawyers could argue his case for him effectively.

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“So it would be in his interest to participate in that, right?” said Cavuto. “To exonerate himself or at least state his case?”

“Absolutely,” said Napolitano, who started out as supportive of the Trump administration and willing to promote conspiracy theories for the president, but has gradually become one of his harshest critics on Fox News. “He also loses the argument ‘it’s unfair’ if he doesn’t take the opportunity to participate himself.”

Regarding his personal view, Napolitano said that he believes the evidence shows the president’s attempt to cut off military aid to Ukraine in exchange for dirt on former Vice President Joe Biden is “clearly impeachable, because it involves two potential crimes,” bribery and campaign finances offenses. “[Republicans] are free to say that’s not an impeachable offense, but they are not free to say it didn’t happen, because the evidence that it happened is overwhelming.”

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