Judge Andrew Napolitano: The FBI Was Instructed to Give Hillary a Pass


Judge Andrew Napolitano of FOX News has written a new column for the Washington Times in which he suggests, based on his own analysis, that the FBI was told to give Hillary Clinton a pass. It’s hard to argue against his point.

Clearly, she has friends in high places.

From the column:

FBI managers instructed to exonerate Hillary Clinton

On Sept. 2, the FBI released a lengthy explanation of its investigation of Hillary Clinton and a summary of the evidence amassed against her. It also released a summary of Mrs. Clinton’s July FBI interrogation.

The interrogation was in some respects standard and in others very troubling. It was standard in that she was confronted with emails she had sent or received and was asked whether she recalled them, and her judgment about them was challenged. The FBI was looking for gross negligence in her behavior about securing state secrets.

The failure to secure state secrets that have been entrusted to one for safekeeping is known as espionage, and espionage is the rare federal crime that does not require prosecutors to prove the defendant’s intent. They need only prove the defendant’s gross negligence.

At one point during the interrogation, FBI agents attempted to trick her, as the law permits them to do. Before the interrogation began, agents took the hard copy of an innocuous email Mrs. Clinton had sent to an aide and marked it “secret.” Then, at her interrogation, they asked Mrs. Clinton whether she recognized the email and its contents. She said she did not recognize it, but she questioned the “secret” denomination and pointed out to the agents that nothing remotely secret was in the email.

By examining the contents of the email to see whether it contained state secrets, which it clearly did not, Mrs. Clinton demonstrated an awareness of the law — namely, that it is the contents of a document or email that cause it to be protected by federal secrecy statutes, not the denomination put on it by the sender…

I counted five times in the report where the FBI lamented that it did not have what it needed. This is the FBI’s own fault. This tepid FBI behavior is novel in modern federal law enforcement. It is inimical to public safety and the rule of law. It is close to misconduct in office by high-ranking FBI officials.

Someone restrained the FBI.

Read the whole thing.

Of course, the most obvious reason many people suspect this is true is the simple common sense knowledge that anyone other than Hillary Clinton would have been prosecuted for doing less.


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