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Andrew Napolitano: Why the criminal investigation of Hillary Clinton is back to front and center
Fox ^ | 1/12/17 | Judge Andrew P. Napolitano

Posted on 01/12/2017 2:09:33 PM PST by LouisianaJoanof Arc

The criminal investigation of Hillary Clinton is back front and center now that the FBI has released proof that her failure to safeguard state secrets caused the secrets to fall into the hands of foreign governments, some of which wish the United States ill.

Even though the case against her -- which was closed and then reopened and then closed again -- is old news and she obviously is no longer a candidate to become president of the United States and has been staying below the radar for the past two months, recent developments have regenerated the case.

On July 5, FBI Director James Comey announced publicly that the FBI would recommend against seeking an indictment of Clinton for espionage -- the failure to safeguard state secrets that had been entrusted to her. He argued that though the case against her was strong -- as secretary of state, she had been extremely careless with secrets; exposed hundreds of materials that were confidential, secret and top-secret; and used non-secure mobile devices while in the territory of hostile governments -- no reasonable prosecutor would take the case.

Why was the decision of whether to prosecute Clinton left to Comey?

The FBI’s job is to gather evidence of federal crimes and to present that evidence to career prosecutors in the Department of Justice for evaluation. The FBI has numerous investigative tools available to it. One of those tools is presenting evidence to a grand jury and requesting subpoenas from it. Another is presenting evidence to a federal judge and requesting search warrants from the judge. A third is obtaining the indictment of someone who is in the inner circle of the person who is the true target of the investigation and then persuading that indicted person to become a government witness.

(Excerpt) Read more at foxnews.com ...


TOPICS: News/Current Events
KEYWORDS: andrewnapolitano; clinton; napolitano
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1 posted on 01/12/2017 2:09:33 PM PST by LouisianaJoanof Arc
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To: LouisianaJoanof Arc

“Hey Bill, still got those passports to Zimbabwe?”


2 posted on 01/12/2017 2:13:37 PM PST by Jim W N
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To: LouisianaJoanof Arc

Too late to impeach Obama. He would be implicated.


3 posted on 01/12/2017 2:13:48 PM PST by SERKIT ("Blazing Saddles" explains it all.......)
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To: SERKIT
Too late to impeach Obama. He would be implicated.

Why do you think that the Republican Controlled House did not Impeach him? Granted, the Republicans would prefer to go after Trump. But this is where we are.

4 posted on 01/12/2017 2:18:36 PM PST by sport
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To: LouisianaJoanof Arc

In just 8 days, we will begin to learn the truth of all of this.

I, for one, am absolutely giddy at the vindication for the 20 years+ of BS I have stood against.


5 posted on 01/12/2017 2:20:18 PM PST by tcrlaf (They told me it could never happen in America. And then it did....)
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To: LouisianaJoanof Arc

I’m still unconvinced that anything is going to happen to her. These innumerable ‘investigations of investigations’ is going nowhere. The only difference is more Americans are noticing the favorable treatment the Clintons always seem to get. There should be no such thing as “Too Big To Jail”.


6 posted on 01/12/2017 2:22:02 PM PST by lee martell
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To: tcrlaf

Don’t get too giddy................


7 posted on 01/12/2017 2:22:21 PM PST by Osage Orange (Cover up after cover up...OUR GOVERNMENT is OUT OF CONTROL)
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To: lee martell

“I’m still unconvinced that anything is going to happen to her.”

We agree but we can hope!!!


8 posted on 01/12/2017 2:29:15 PM PST by LouisianaJoanof Arc (Proud horrible deplorable)
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To: lee martell
Even if they had damning, irrefutable evidence to support a criminal prosecution, it's almost impossible to go through a criminal trial in a case like this.

In the U.S. legal system, the defendant has a wide degree of latitude to subpoena documents and compel the testimony of witnesses as part of the defense in the case. The prosecution would end up dismissing the case because so many of the witnesses and the documents that the defense would want to present at trial would have to be excluded for national security reasons.

The best we can hope for is a formal investigation that details all of the crimes committed by the people involved, and an explanation of why an indictment was not feasible.

9 posted on 01/12/2017 2:29:50 PM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: sport

They should have impeached him for Fast and Furious and using the FBI to win an election and attack political opponents.


10 posted on 01/12/2017 2:31:36 PM PST by morphing libertarian
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To: LouisianaJoanof Arc

It only Hillary, but Obama is screwed here.
Hillary could entangle Obama with this stuff now out of office.
If Obama pardons his former SOS instead, it shows he Lao knew Hillary was dirty while working for him and as he campaigned for her.

Either way, Obama could be screwed here.

Plus Lord knows, as Trump finds out more of the crap Obama was doing, he may diss Obama or worse over the whole course of his eight years in press conferences and everywhere else.
Obama’ attempt at writing a favorable self legacy is going to be trolled for the next eight years by the next President.


11 posted on 01/12/2017 2:35:51 PM PST by A CA Guy (God Bless America, God Bless and keep safe our fighting men and women.)
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To: LouisianaJoanof Arc

The judge rightly argues that despite the multitude of political options they should be rejected because no one is against the law. In fact by not prosecuting Mrs. Clinton you are not only substituting a political decision for a lawful one you are setting a dangerous precedent that says that the political elites are, in fact, not subject to lawful remedies and political solutions are acceptable for the powerful in our society. And the fallout from a political solution would effectively de-legitimize the incoming administration, myself included. She needs to be tried.


12 posted on 01/12/2017 2:36:08 PM PST by vigilence (Vigilence)
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To: LouisianaJoanof Arc

Unless Hillary Clinton is prosecuted the page cannot be turned.

Evidence must be presented to a jury cleared for all the relevant classified documents and sworn to secrecy against a penalty of death and then that jury must reach a verdict

If found guilty she must be executed quickly


13 posted on 01/12/2017 2:36:43 PM PST by Thibodeaux (the end of Obama plague is near........ rejoice)
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To: tcrlaf

7
days
18
hours
21
minutes
33
seconds


14 posted on 01/12/2017 2:37:23 PM PST by JayGalt
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To: LouisianaJoanof Arc
The Trump Government doesn't want Comey in their administration, so they are proceeding with this investigation into Comey to find out what they can about how close he is with the Clintons, now and in the past...

We all know where this is going to lead...and I personally can't wait to see them all behind bars!!!

15 posted on 01/12/2017 2:39:15 PM PST by HarleyLady27 ('THE FORCE AWAKENS!!!' Trump/Pence: MAKE AMERICA GREAT AGAIN!!!)
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To: LouisianaJoanof Arc
My guess is that this will be all about punishing Comey for 'violating FBI protocol & procedures' and convincing stupid people that it's his fault that Hillary lost. Ya think Obama wants the real truth out there? Comey's in a no-man's land where everybody on both sides thinks he sucks and has ceded all credibility, so no big loss, they'll say.

If this were a real investigation, they'd look into Loretta Lynch - especially the tarmac meeting with Slick Willy.

16 posted on 01/12/2017 2:39:59 PM PST by DJ Frisat (Hey, what happened to my clever tag line?!)
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To: morphing libertarian

I agree.


17 posted on 01/12/2017 2:40:24 PM PST by sport
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To: JayGalt

Can you be more precise and update hourly?


18 posted on 01/12/2017 2:44:20 PM PST by samadams2000 (Someone important make......The Call!)
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To: SERKIT

But plenty of time to trash is legacy.


19 posted on 01/12/2017 2:45:06 PM PST by dhs12345
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To: LouisianaJoanof Arc
I predict that they will go after the Clinton's but in a way that really CRIPPLES them.

They will pursue the Clinton's through the Clinton Foundation violations that will allow them to act with empathy toward the Clintons by NOT prosecuting in return for the Foundation forfeiting its ill-gotten monies.

20 posted on 01/12/2017 2:47:44 PM PST by VideoDoctor
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