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Judge Napolitano: Indictment Certain In Clinton Email Scandal Before November – OpEd

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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.

This article was published by RonPaul Institute.

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9 thoughts on “Judge Napolitano: Indictment Certain In Clinton Email Scandal Before November – OpEd

  • March 8, 2016 at 12:06 pm
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    That may be on the wish list of rabid right wingers. It is not going to happen. Napa litany is blowing smoke and is interested in the money he makes from Fox News

    Reply
  • March 8, 2016 at 1:31 pm
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    It looks like the law is only for those who are in the loop. If I was still in the DOD I would have to give up my career. I don’t think she would have my back.

    Reply
  • March 8, 2016 at 4:39 pm
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    The right should work with the Sanders camp on this issue. Both understand the gravity of it but the Hillary camp claims it’s a right wing conspiracy. Let me know if I can help from the Sanders point of view.

    Reply
  • March 9, 2016 at 3:09 am
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    If a Grand Jury has been convened, Hillary is about to be deserted by all of her minions who will not be willing to do jail time for her.

    Reply
  • March 9, 2016 at 8:06 pm
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    Idiots & morons need to stop voting for her.

    Reply
  • March 10, 2016 at 4:58 pm
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    How are the citizens of the United States suppose to have Any respect for the laws of our land and abide by them when it appears,thus far, that the law does not apply to All Equally. …Hey Hillary and Obama, talk about EQUALITY what hypocrisy.

    Reply
  • March 10, 2016 at 5:05 pm
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    Message to Bernie Sanders: many off us would have voted for you had you shown some backbone. You my friend are a coward. You have been given multiple opportunities to take Hillary to task on the email scandal,which you know is real, and yet you pass….Sanders, you said your campaign is not about personal attacks ergo you won’t go after Hillary, yet you rip into personal attacks against Trump every chance you get….you lost my vote and i will have to vote for Trump .

    Reply
  • March 16, 2016 at 1:37 am
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    Hillary is a perpetual lier and cannot be trusted. Remember the men she killed in bengazi. She belongs in jail not in the white house.

    Reply
  • May 8, 2016 at 9:10 am
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    The basic responsibility of every citizen is to vote and with that responsibility a basic knowledge of individual character for those running for our highest offices. Everyone needs only to look into Bill and Hillary Clintons back grounds to know they both belong in Jail.

    Reply

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