Judge Napolitano: Indictment Certain in Clinton Email Scandal Before November

Expect the indictment of former United States Secretary of State Hillary Clinton or one or more of her high-level aides from the State Department in the next few months.Fox News Senior Judicial Analyst Andrew Napolitano explained in a Fox Business panel discussion last week that the granting of immunity against self-incrimination to Bryan Pagliano, who helped set up the private email server for Clinton that is central to an ongoing investigation by the Federal Bureau of Investigation (FBI), means the Department of Justice intends to secure indictment of a person or people up the “totem pole” from Pagliano in the Hillary Clinton email scandal. Concludes Napolitano, “I think there will surely be indictments prior to November.” November, of course, is when the US presidential general election, in which Clinton hopes to compete as the Democratic nominee, will take place.Based on the fact that immunity was granted to Pagliano, Napolitano derives many details of the current state of the government’s investigation into Clinton’s emails. In particular, Napolitano asserts that the following is known:

So we know already the FBI is interacting with the Justice Department, the FBI has already made some recommendations to the Justice Department, the Justice Department has accepted those recommendations seriously, has convened a grand jury, and has begun or will soon begin to present evidence to the grand jury, and they need Mr. Pagliano’s testimony immunized, which means he no longer has the privilege against self-incrimination because they can’t use against him whatever he says. It also means — this is profound — they intend to indict someone. It’s not Bryan Pagliano; he can only be indicted if he commits perjury if he lies under oath. But, they intend to indict someone in this chain north of him.

Supporting his conclusion that an indictment or indictments are in the works, Napolitano, who is a former New Jersey state judge, provides some background information regarding how immunity grants work in the US court system. First, notes Napolitano, “only a federal judge can grant immunity.” Napolitano further explains that a federal judge will only grant such immunity for a witness “the government needs to testify before some proceeding,” which Napolitano notes in this instance would be a grand jury proceeding. “The procedure to obtain immunity,” Napolitano continues, “is so time consuming and involves such resources, they would not do it just for the heck of it; they would not do it just to satisfy newspaper editorials or political commentators.” Instead, he concludes, “they would only do it if they are seriously presenting evidence before a grand jury and they need the live testimony of this witness.”So, who might be indicted? Napolitano mentions a few possibilities: Clinton, Patrick Kennedy, Philippe Reines, Cheryl Mills, and Huma Abedin.“The typical federal procedure,” elaborates Napolitano, “is to start at the bottom — either indict the person and they spill the beans or get immunity for the person and they spill the beans — and work your way up.”

Napolitano said last month that, even without Pagliano’s testimony, the evidence related to the Clinton emails scandal shows that Clinton’s “failure to care for national security secrets is now well documented, overwhelming, publicly known, and publicly understood.” What is not clear, he noted, is whether President Barack Obama would OK her prosecution.

If recommended prosecution of Clinton is blocked, Napolitano predicts in the new Fox Business panel discussion, Clinton will still be harmed. “If the FBI tells the Justice Department, ‘we have enough evidence — solid, legally obtained evidence — to indict and convict,’ and the Justice Department rejects that,” suggests Napolitano, “expect resignations from the FBI and leaks of all the evidence.” And that situation, says Napolitano, “will have a catastrophic effect” on Clinton’s presidential candidacy.

Watch Napolitano and the Fox Business panel’s complete discussion here:

For more of Napolitano’s thoughts regarding recent developments in the Hillary Clinton emails scandal, read here Napolitano’s latest editorial on the subject.

Napolitano is an Advisory Board member for the Ron Paul Institute for Peace and Prosperity.


Subscribe
Notify of
guest
27 Comments
AKAnon
AKAnon
March 9, 2016 7:14 pm

With all due respect (which is substantial) to the good judge, I will believe it when I see it. I think it more likely that O nominates Judge Nap for Scalia’s vacancy.

Westcoaster
Westcoaster
March 9, 2016 7:21 pm

Uh oh!

Hollow man
Hollow man
March 9, 2016 7:22 pm

No way. She will be the next president.

rhs jr
rhs jr
March 9, 2016 7:33 pm

There will be Blacks and other Useless Idiots in the streets rioting and blaming the Republicans for Harpy’s legal problems just as surely as rats carry the Black Plague.

Robert Gore
Robert Gore
March 9, 2016 7:43 pm

Even if she is indicted, Obama could pardon her, as Ford did with Nixon.

Ed
Ed
March 9, 2016 7:56 pm

“I think it more likely that O nominates Judge Nap for Scalia’s vacancy.”
Yep, you got that right.

Ed
Ed
March 9, 2016 7:59 pm

” rioting and blaming the Republicans for Harpy’s legal problems ”

Any protesters demonstrating for Hitlery would have to be paid. Most black people I know wouldn’t piss on her if she was on fire in their living rooms.

kokoda
kokoda
March 9, 2016 8:35 pm

FEEL the BER

motley3
motley3
March 9, 2016 9:01 pm

Nothing is gong to happen. The fix is in. This FOX talking head is merely ‘filling seats’ and giving the naive republican/conservative viewers an outlet for their frustrations. Same as it ever was….

card802
card802
March 9, 2016 9:03 pm

Remember how we used to laugh at other countries and their corrupt poles?

Stucky
Stucky
March 9, 2016 9:17 pm

Yeah. Back when I was a teenager we’d send packages back and forth to Romania. The items in the Romanian package would often be wrapped in that Russian newspaper, Pravda (which means “Truth”). We’d sit around the kitchen table as dad read various stories, and we’d laugh our asses off at all the lies. We felt sorry for them, because they had no access to real truth.

And now I bet they are laughing at US! The worm has turned.

mike in ga
mike in ga
March 9, 2016 9:21 pm

The times they are a-changin. I feel it in the air. I see it everywhere. People are mad and pols are scared. That’s some hoped-for change right there. Can you imagine Hillary trying to get a good night’s sleep these days? The FBI’s Comey will go where the evidence leads, chips fall where they may. Unless he gets fired or assassinated, this investigation could (and probably should) end up in an indictment. That alone will be enough to change the 65+ yr old women’s minds who are Hillary’s strongest support. The 4th Turning is beginning. These are the headlines of the breakdown of governance, culture, politics and the economy. I see the signs everywhere. Europe and the US both.

SpecOpsAlpha
SpecOpsAlpha
March 9, 2016 9:54 pm

Hillary goes down or Barack goes down (obstruction of justice).

Guess which one His Majesty ill choose?

Anonymous
Anonymous
March 9, 2016 11:10 pm

Don’t underestimate the Clinton’s, either of them.

IndenturedServant
IndenturedServant
March 9, 2016 11:27 pm

If they actually indict this bitch it will be the one and only time I will be sportin’ wood with her in mind unless of course they convict and execute her for treason. In that case I’ll need medical treatment for priapism.

Iska Waran
Iska Waran
March 9, 2016 11:42 pm

Comey recommends indictments.
Lynch doesn’t indict.
FBI staff resign.
Evidence is leaked.
Everyone knows Hillary is guilty of umpteen felonies.

But everyone already knows that Hillary is guilty of umpteen felonies.

Gator
Gator
March 9, 2016 11:43 pm

I doubt them immunizing this guy has anything to do with them indicting her or one of her aides. He was called in to testify during the Benghazi hearings and took the 5th. This is probably just to keep those things seperate so that he can speak with the FBI without losing his ability to plead the fifth of trey howdy calls him back in there. Party insiders have known that Clinton isn’t going to be indicted. If they thought there was a chance of it happening, Biden wouldn’t have backed out of running. Only reason they are dragging this out this long is because they want it to look like they conducted a long, thorough investigation.

If we lived in a real republic with rule of law, this would be a no brainer, long prison sentence. But we live in a banana republic and Hillary Clinton is above the law.

Aheinousanus
Aheinousanus
March 10, 2016 12:43 am

What happens if this administration does not follow FBI’s recommendation to indict but Obama does not pardon her. Trump wins. Next administration can indict her, correct?

card802
card802
March 10, 2016 6:26 am

From last nights debate, the Latinos are wondering…..
//www.mediaite.com/tv/hillary-dismisses-jorge-ramos-grilling-her-on-emails-im-not-even-answering-that/#ooid=xoNWt2MTE6MUo6ARccukNIl2lm98CWT7[/img]

card802
card802
March 10, 2016 6:27 am

Well………….anyway.

When Jorge Ramos asked if she would drop out of the race if she gets indicted, Clinton dismissively said, “I’m not even answering that question.”

flash
flash
March 10, 2016 6:45 am

[imgcomment image[/img]

flash
flash
March 10, 2016 6:47 am

[imgcomment image[/img]

Greg in NC
Greg in NC
March 10, 2016 7:39 am

Indicted but not convicted, has to suspend her campaign, Demtard’s brokered convention nominates Biden. Meanwhile, Repubtards struggle with their decision on Trump at their brokered convention but I am unsure if they nominate someone else as it will surely destroy them.

BuelahMan
BuelahMan
March 10, 2016 8:15 am

I’ve been saying that Hillary will end up committing hari kari, leaving the opening for the jew Sanders to be our first jewish POTUS (which I am sure many people will just celebrate in the same manner they did Obama’s sElection). Sanders will have to beat off trump (take that any way you like) and the other jew Bloomberg.

This race could very well lead us to the ultimate jewish control of this country.

And the Sheople say: “So what?”

Anonymous
Anonymous
March 10, 2016 10:23 am

Aheinousanus.

She may be the next administration.

She certainly seems on the path and the Republicans are trying every possible thing they can to knock out the only one that could probably defeat her from getting the chance to do so.

pablo
pablo
March 10, 2016 10:36 am

Every thing that the Sec. of State deals with is a state secret, there is no way to hide her crime.
She will be indicted, if she does not win. The penalty will be some sort of probation, and a mea culpa.

if she wins, it all gets swept under the rug.

What a fucked up political system we have.

Gone West
Gone West
March 10, 2016 5:58 pm

Regarding Hillary being indicted, the question one needs to ask is: Do you think Hillary has any information on Obama or other high-level people in the administration that they would “prefer” to keep from the public? If you can answer “yes” to this question, that should tell you all you need to know about whether she will be indicted and/or whether she will be pardoned before the end of O’s term.

That’s how the political games is played and why the Clintons and others (e.g. Corzine) still walk freely.

My two cents. Take it for what it’s worth. 🙂