Republican Rep. Jason Chaffetz said Monday on Fox & Friends special counsel Robert Mueller lacks the “probable cause” necessary to prosecute President Donald Trump.

“It’s a real big deal because look, the improbable election of Donald Trump is not probable cause to pursue him,” Chaffetz said. “They’ve got to follow evidence. They got to follow, you know, the truth. But the question is what is it that started this initial probe?”

Chaffetz cheered Virginia U.S. District Court Judge T.S. Ellis III for expressing skepticism about the government’s case against former Trump campaign manager Paul Manafort and chastised Mueller for attempting to delay the case.

“They’re filing charges and then they come up to their hearing and they say well, we’re not ready yet. That doesn’t make a whole lot of sense to the average person,” Chaffetz continued.

“And Judge Ellis, I love the fact that he’s pushing back,” he concluded. “You don’t get unfettered access to go surf anywhere and every place. You pursue the truth. You pursue justice, but do that through facts and evidence.”

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