Hillary Clinton: The criminal investigation keeps moving …
While the country has been fixated on Donald Trump's tormenting his Republican primary opponents and deeply concerned about the governments efforts to identify any confederates in the San Bernardino, California, killings, a team of federal prosecutors and FBI agents continues to examine Hillary Clintons tenure as secretary of state in order to determine whether she committed any crimes and, if so, whether there is sufficient evidence to prove her guilt beyond a reasonable doubt.
What began as an innocent Freedom of Information Act request by Judicial Watch, a D.C.-based public advocacy group promoting transparency in the executive branch, has now become a full criminal investigation, with Clinton as the likely target.
The basic facts are well-known, but the revealed nuances are important, as well. When the State Department responded to the Judicial Watch FOIA request by telling Judicial Watch that it had no emails from Clinton, Judicial Watch filed a lawsuit. When the State Department made the same representation to the court -- as incredible as it seemed at the time -- the judge accepted that representation, and the case was dismissed.
Then The New York Times revealed that Clinton used a private email server instead of the governments server for all of her work-related and personal emails during her four years as secretary of state. After that, the Judicial Watch FOIA case was reinstated, and then the judge in the case demanded of State that it produce Clintons emails.
When Judicial Watch expressed frustration to the judge about the pace at which it was getting emails, the judge ordered Clinton, under penalty of perjury, to certify that she had surrendered all her governmental emails to the State Department.
Eventually, Clinton did certify to the court that she did surrender all of her governmental emails to the State Department. She did so by sending paper copies of selected emails, because she had wiped clean her server. She acknowledged that she decided which emails were personal and which were selected as governmental and returned the governmental ones to the State Department. She has denied steadfastly and consistently that she ever sent or received any materials marked "classified while secretary of state using her private server.
All of her behavior has triggered the FBI investigation because she may have committed serious federal crimes. For example, it is a crime to steal federal property. What did she steal? By diverting to her own venue the digital metadata that accompany all emails -- metadata that, when attached to the work-related emails of a government employee, belong to the government -- she stole that data. The metadata do not appear on her paper copies -- hence the argument that she stole and destroyed the government-owned metadata.
This is particularly troublesome for her present political ambitions because of a federal statute that disqualifies from public office all who have stolen federal property. (She is probably already barred from public office -- though this was not prominently raised when she entered the U.S. Senate or the Department of State -- because of the china, silverware and furniture that she and her husband took from the White House in January 2001.)
Clinton may also have committed espionage by failing to secure the government secrets entrusted to her. She did that by diverting those secrets to an unprotected, nongovernmental venue -- her own server -- and again by emailing those secrets to other unprotected and nongovernmental venues. The reason she can deny sending or receiving anything marked "classified is that protected government secrets are not marked classified.
So her statement, though technically true, is highly misleading. The governmental designations of protected secrets are confidential, secret and top secret -- not classified. State Department investigators have found 999 emails sent or received by Clinton in at least one of those three categories of protected secrets.
Back when Clinton became secretary of state, on her first day in office, she had an hourlong FBI briefing on the proper and lawfully required care of government secrets. She signed a statement, under penalty of perjury, acknowledging that she knew the law and that it is the content of emails, not any stamped markings, that makes them secret.
Earlier this week, my Fox News colleagues confirmed the certain presence of top-secret materials among the 999 emails. Intelligence from foreign sources or about foreign governments is always top-secret, whether designated as such or not. And she knows that.
As well, she may have committed perjury in the FOIA case. When the House Select Committee on Benghazi, in its investigation of her role in the deaths of the U.S. ambassador to Libya and three other Americans, gathered emails, it found emails she did not surrender to the State Department.
Last week, the State Department released emails that give the FBI more areas to investigate. These emails may show a pattern of official behavior by Clinton designed to benefit the financial interests of her family's foundation, her husband and her son-in-law. Moreover, the FBI knows of a treasure-trove of documents that may demonstrate that the Clinton Foundation skirted the law and illegally raised and spent contributions.
Two months ago, a group of FBI agents sat around a conference table and reviewed the evidence gathered thus far. Each agent was given the opportunity to make or detract from the case for moving forward. At the end of the meeting, it was the consensus of the group to pursue a criminal investigation.
And Clinton is the likely target.
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel.
Excerpt from:
Hillary Clinton: The criminal investigation keeps moving ...
- The work is literally just beginning: Hillary Clinton says Trumps Mideast cease-fire needs patient diplomacy - The Boston Globe - October 31st, 2025 [October 31st, 2025]
- At Brown, Hillary Clinton reflects on her career, encourages the pursuit of truth and diplomacy - Brown University - October 31st, 2025 [October 31st, 2025]
- Hillary Clinton opens up about the past, present and future in Brown lecture - Rhode Island Current - October 31st, 2025 [October 31st, 2025]
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- Bill Clinton Hillary Clinton's Best Family Photos - Yahoo - October 28th, 2025 [October 28th, 2025]
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- Republicans mock Hillary Clinton over 2001 furniture scandal after Trump ballroom remarks - WEAR-tv - October 24th, 2025 [October 24th, 2025]
- Trump admin accuses Hillary Clinton of stealing White House furniture as former first lady slams ballroom plan - Fox News - October 24th, 2025 [October 24th, 2025]
- Hillary Clinton releases 'Not his house' merch as Trump administration demolishes East Wing of White House for ballroom - Yahoo - October 24th, 2025 [October 24th, 2025]
- Hillary Clinton launches Not His House merchandise amid Trumps White House East Wing demolition - The Indian Express - October 24th, 2025 [October 24th, 2025]
- Hillary Clinton to host 'unscripted' conversation at Target Center - Yahoo - October 24th, 2025 [October 24th, 2025]
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- Joe Rogan makes ludicrous claim that Marjorie Taylor Greene is more pro-LGBTQ+ than Hillary Clinton - PinkNews - October 24th, 2025 [October 24th, 2025]
- Hillary Clinton: Trump destroying White House with demolition for ballroom - The Hill - October 23rd, 2025 [October 23rd, 2025]
- Hillary Clinton fires up voters against Trump's White House ballroom construction: 'Not his house'' - Fox News - October 23rd, 2025 [October 23rd, 2025]
- Hillary Clinton to host 'unscripted' conversation at Target Center - Bring Me The News - October 23rd, 2025 [October 23rd, 2025]
- Hillary Clinton's Event At Target Center Promises A Candid Discussion On Her Career - WJON - October 23rd, 2025 [October 23rd, 2025]
- Hillary Clinton Slams Trumps $200 Million White House Ballroom Project: Its Not His HouseIts Yours - southerndigest.com - October 23rd, 2025 [October 23rd, 2025]
- Hillary Clinton says Trump is destroying White House with ballroom construction - Washington Examiner - October 23rd, 2025 [October 23rd, 2025]
- Hillary Clinton Blasts Trump Over White House Ballroom: 'He's destroying it' As Demolition Begins - inkl - October 23rd, 2025 [October 23rd, 2025]
- Hillary Clinton Among Critics as Trump Sparks Outrage With Bizarre 'No Kings' AI Video - International Business Times UK - October 23rd, 2025 [October 23rd, 2025]
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- Joe Rogan: Hillary Clinton Was Further Right Than Marjorie Taylor Greene - Newsweek - October 19th, 2025 [October 19th, 2025]
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- Trump Invents Tale of World Leader Snubbing Hillary Clinton - The Daily Beast - October 15th, 2025 [October 15th, 2025]
- Hillary Clinton Slams GOP As 'Trump Shutdown' Enters 3rd Week: They're Willing To 'Hold The Country Hostage' Over Health Care - Benzinga - October 15th, 2025 [October 15th, 2025]
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- 50th wedding anniversary: Bill & Hillary Clinton look back on five decades of marriage; share unseen pics - The Times of India - October 13th, 2025 [October 13th, 2025]
- 50th wedding anniversary: Bill & Hillary Clinton look back on five decades of marriage; share unseen pics - The Times of India - October 13th, 2025 [October 13th, 2025]
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- See Photos of Bill and Hillary Clinton Through the Years as the Couple Celebrate Their 50th Wedding Anniversary - People.com - October 13th, 2025 [October 13th, 2025]
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- Hillary Clinton offers unexpected compliment to Trump over Gaza peace deal - Daily Mail - October 13th, 2025 [October 13th, 2025]
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- Hillary Clinton says Americans need to stop demonizing each other, then criticizes Republicans - Fox News - September 25th, 2025 [September 25th, 2025]
- 'Crackpot ideas': Hillary Clinton slams RFK Jr. over 'turning the clock back' on public health - MSNBC News - September 25th, 2025 [September 25th, 2025]
- Hillary Clinton dissects why she thinks dems lost young voters in 2024 | RISING+ - The Hill - September 25th, 2025 [September 25th, 2025]
- Hillary Clinton Slams RFK Jr. for Embracing 'Crackpot Ideas' That Are 'Going to Cause Deaths' | Video - TheWrap - September 25th, 2025 [September 25th, 2025]
- Bill and Hillary Clinton National Airport executive director resigns - kark.com - September 25th, 2025 [September 25th, 2025]
- Hillary Clinton says Democrats 'missed a lot of opportunities' to reach voters in 2024 - Fox News - September 25th, 2025 [September 25th, 2025]
- 'We can work our way out of this': Hillary Clinton calls on Congress, press to 'rebut the craziness' - Yahoo - September 25th, 2025 [September 25th, 2025]
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- Hillary Clinton slams RFK Jr. and the spread of 'crackpot ideas,' saying they are costing lives - Athens Daily Review - September 25th, 2025 [September 25th, 2025]
- Hillary Clinton slams RFK Jr. and the spread of 'crackpot ideas,' saying they are costing lives - Temple Daily Telegram - September 25th, 2025 [September 25th, 2025]