Judge Napolitano: Give Hillary’s email case to prosecutors for a grand jury

December 6, 2017

Judge Napolitano: Give Hillary’s email case to prosecutors for a grand jury Gage Skidmore / CCL; brwn_yd_grl / CCL

Fox’s Judge Andrew Napolitano is calling for the investigation into Hillary Clinton’s email server to be reopened, citing “overwhelming evidence.”

Napolitano: prosecute Hillary

The former New Jersey Supreme Court Judge said that Attorney General Jeff Sessions should re-examine the case and impanel a grand jury to prosecute Clinton in an appearance on America’s Newsroom.

“I have been arguing for 11 months, the duration of the president’s term in office, that Attorney General Sessions should reexamine the file. Give it to a half-dozen prosecutors and tell them to present it to a grand jury. Why they’re not doing it is beyond me,” he said.

Napolitano criticized James Comey for exonerating Clinton, an action that he said should not have been taken, given the evidence against her. He said that Justice Department lawyers would have decided whether to charge Clinton had the process not been “short-circuited” by Comey.

Give Trump leeway

Napolitano’s calls to reopen the case come amid bombshell reports that an FBI agent who was central to the Clinton email investigation as well as the Trump-Russia probe was dismissed from the latter over text messages that showed anti-Trump bias.

Napolitano argued that the revelations don’t prove that any investigation was corrupted by political bias, saying that Strzok’s anti-Trump, pro-Hillary biases were “no big deal” unless they “clouded” or “animated” his behavior.

Napolitano also said that Flynn’s guilty plea was a “nightmare” for Trump in an appearance on Fox’s Outnumbered on Friday.

“This is probably the tip of a prosecutorial iceberg, so to speak,” Napolitano said. “It’s a nightmare for Donald Trump because Gen. Flynn was his constant companion on foreign policy and national security matters from June of 2015 to the time the president fired him.”

He also argued for giving Trump leeway on the question of whether he obstructed justice by allegedly asking Comey to drop the investigation into Flynn. Napolitano said that Trump would only have committed a crime if it could be proven that Trump had a corrupt motive.

“Obstruction of justice is a crime no matter who commits it, if done for a corrupt purpose. It’s also an impeachable offense,” he said on Fox and Friends on Tuesday.

Deustche banks subpoena “very dangerous”

Adding to Napolitano’s subtle analysis, he said that Robert Mueller’s subpoena to Deutsche Bank could be “very dangerous” for Trump in an appearance on Fox’s Varney and Co. The bank has lent Trump hundreds of millions of dollars to develop his real estate business.

“Deutsche Bank was his go-to lender in the years that he was developing real estate in New York City. This is an area that the president profoundly did not want to be investigated. In fact, the president publically said to … Bob Mueller ‘stay away from my personal finances, my family finances and my corporations finances,’” Judge Napolitano told FOX Business’ Stuart Varney on Varney & Co.

Napolitano’s many-sided analysis of the Flynn plea strikes a contrast with his very direct calls to prosecute Clinton, which he has indeed been making for months.

Napalitano isn’t a partisan hack, and his even-handedness should give conservatives hope that there is a sober-minded, practical solution to hold Hillary Clinton accountable.

Matthew Boose

Matthew Boose is a staff writer for Conservative Institute. He has a Bachelor's degree from Stony Brook University and has contributed to The Daily Caller and The Stony Brook Press.