A View of Hillary's Trouble

Here is a segment of an interview with Judge Andrew Napolitano on the recent State Department paper on Clinton's management of her emails and server. He is a FOX guy with libertarian tendencies and is a real strict constitutionalist so he is not open-minded about these questions. Nor is he dumb, though:

"Today is a big deal for a couple of reasons. First, it directly refutes a statement she has made dozens of times, 'it was allowed', we now know that it was not allowed. She never even asked."

"She signed a two page statement under oath on her first day on the job which was given after she had a two hour tutorial by two FBI agents telling her about the proper care and legal obligations for state secrets. In that oath she swore that she had the obligation to know how to care for state secrets and to recognize them."

"Here is what's new in the report today. Her server in her house went down a couple of times, and when it went down the blackberry wouldn't work. The state department IT people said 'here use a state department blackberry', and she said through her assistant Huma Abedin 'no because we are concerned with the Freedom of Information Act', so she went dark and she had documents verbally read to her rather than transmitted to her through the state department email system."

When the interviewer expressed surprise that Clinton was concerned about having documents subject to FOIA, Napolitano hammered home the the point that now the FBI has intent.

"Now what does this tell the FBI? This shows intent. You don't have to prove intent when you're talking about espionage, you can prove it by gross negligence, there's ample evidence of gross negligence. But avoiding the transparency laws shows a consciousness of evading the requirements."

He concluded that only a political decision could keep her from indictment.