The Justice Department on Monday asked lawmakers for more time to gather evidence related to President Trump's claim that former President Obama ordered wiretaps on Trump Tower's phones during last year's presidential campaign.
The House Intelligence Committee said it would give the Justice Department until March 20 to comply.
Current and former administration officials have been unable to provide any evidence of the Obama administration wiretapping Trump Tower, yet the president's aides have been reluctant to publicly contradict their boss.
On "Fox & Friends" this morning, Judge Andrew Napolitano said that even if the Obama administration did spy on Trump, there may never be a way to prove it.
He explained that the statutes allow the president to order the surveillance of any person in the U.S., without suspicion, probable cause or a warrant, but that would leave "fingerprints."
In this case, the alleged surveillance was reportedly ordered in a way that left no record, he said.
"Three intelligence sources have informed Fox News that President Obama went outside the chain of command," Napolitano said. "He didn't use the NSA, he didn't use the CIA, he didn't use the FBI, and he didn't use the Department of Justice."
Instead, Napolitano said, Obama used GCHQ, a British intelligence and security organization that has 24-7 access to the NSA database.
"There's no American fingerprints on this," Napolitano said. "What happened to the guy who ordered this? Resigned three days after Donald Trump was inaugurated."