In a piece for LewRockwell.com, Judge Andrew Napolitano said that Hillary Clinton had been “profoundly misleading” about her dealings with the FBI and that, no matter what her people may say, the Democrat front-runner is in serious trouble.
Napolitano recapped a contentious couple of weeks for Clinton and her people, as FBI questioning and confrontations with agents have hit the news.
“Mrs. Clinton has not been confronted publicly and asked for an explanation of her thoughts about the confluence of these events, but she has been asked if the FBI has reached out to her,” Napolitano wrote.
“It may seem counter-intuitive, but in white collar criminal cases, the FBI gives the targets of its investigations an opportunity to come in and explain why the target should not be indicted.”
However, Judge Napolitano said there’s a good reason why Hillary would want to stay away from this.
“This is treacherous ground for any target, even a smart lawyer like Mrs. Clinton,” Napolitano wrote. “She does not know what the feds know about her. She faces a damned-if-she-does and damned-if-she-doesn’t choice here.
“Any lie and any materially misleading statement — and she is prone to both — made to the FBI can form the basis for an independent criminal charge against her. This is the environment that trapped Martha Stewart. Hence, the standard practice among experienced counsel is to decline interviews by the folks investigating their clients.”
“We know this because, when asked if the FBI has reached out to her for an interview, she told reporters that neither she nor her campaign had heard from the FBI; but she couldn’t wait to talk to the agents,” Napolitano said.
“That is a mouthful, and the FBI knows it. First, the FBI does not come calling upon her campaign or even upon her. The Department of Justice prosecutors will call upon her lawyers — and that has already been done, and Mrs. Clinton knows it. So her statements about the FBI not calling her or the campaign were profoundly misleading, and the FBI knows that.”
Even with her cool demeanor, Napolitano said that Hillary knows she’s in trouble.
“Mrs. Clinton’s folks are preparing for the worst. They have leaked nonsense from ‘U.S. officials’ that the feds have found no intent to commit espionage on the part of Mrs. Clinton. Too bad these officials — political appointees, no doubt — skipped or failed Criminal Law 101. The government need not prove intent for either espionage or for lying to federal agents,” Napolitano wrote.
“And it prosecutes both crimes very vigorously.”
We can only hope.
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