Judge Napolitano: Clinton E-mail Scandal Is Not Going Away

RUSH TRANSCRIPT:

[clip starts]
CLINTON: “I think what we have got here is a case of over classification. I am not concerned by the, I’m not worried by the, and no democrat or American should be either....There was no permission to be asked. It had been done by my predecessors. It was permitted. I didn’t have to ask anyone.”
RAMOS: “If you are indicted will you pull out.”
CLINTON: “It’s not going to happen. I’m not even going to answer that question.” 
[clip ends]
HEMMER: “Judge Napolitano, welcome to you. It wasn’t just the e-mail, it was the server. Legally speaking a significant distinction why?”
NAPOLITANO: “Because her predecessors, Colin Powell and Condoleezza Rice did not have servers in their own homes. The secretary of state has two e-mail streams. A regular e-mail stream and secret e-mail stream. She hired an expert to divert both e-mail streams to her hope server.” 
HEMMER: “Are we asking the wrong question about e-mail when we should be asking about private servers?” 
NAPOLITANO: “Sometime we are. Sometimes it’s very complex. Ramos has an excellent understanding of what happened and asked the right question. In one of her answers, Bill, she revealed inadvertently to the FBI a proclivity to mislead. Because she said to Mr. Ramos just as she has been saying for a year now. I neither sent nor received any e-mail that was marked classified. We know and the FBI knows and she knows that nothing is marked classified. Yet she continues to mislead the questioner, thereby sending a dog whistle to the FBI. Her natural inclination is not to tell the truth.” 
HEMMER: “He said who gave you permission. Is that the way to phrase it?” 
NAPOLITANO: “I don’t know that I would have phrased it that way. But when she said I didn’t need permission.”
HEMMER: “That’s right. She said there is no permission to be asked. It was permitted.” 
NAPOLITANO: “She is revealing an ignorance of the law. We are talking about who owns the e-mail of a government worker when they pass on a government instrument. Answer, the government does. And so when your e-mails are demanded, you can’t hold back and say these are mine, these are yours. The government decide which are government and which are private.” 
HEMMER: “You wrote in the ‘Washington Times’ the other day, ‘Hillary Clinton’s false hopes.’ Why false?”
NAPOLITANO: “If she believes this will go away, that belief is a false belief. The FBI agents investigating her constitute the same theme that got General Petraeus. What they have against her is a quantum leap more than they had against General Petraeus. Last night it was a very bad reaction.”
HEMMER: “69 years, it’s going to end in an indictment?” 
NAPOLITANO: “She should have been prepared for that kind of question.” 
HEMMER: “Andrew Napolitano, thanks.”