Andrew Napolitano On Hillary Clinton's Use Of Private Email Address: 'She Was Breaking The Law Keeping Those Emails From The Government'
By Rich Zeoli
PHILADELPHIA (CBS) -- Rich Zeoli talked to FOX News Legal Analyst and former judge Andrew Napolitano on Talk Radio 1210 WPHT about the controversy surrounding Hillary Clinton's use of a private email address while serving as Secretary of State.
Napolitano asserted Clinton engaged in illegal activity when using her own email and server to do government business.
"She was breaking the law by keeping those emails from the government. The statute presumes that the government owns all of your records when you work for the government and when you leave you can ask the government to go through your records and give you what is obviously personal. Mrs. Clinton did the opposite. She took control of all the documents, herself, and she decided what was obviously governmental and turned it over to the government. After destroying half the documents, of course."
He suggested she knew in advance she was breaking the law and should be prosecuted for it.
"On her first day on the job, she signed a statement under oath agreeing to comply with the statute, within two weeks, she had violated that oath. If she contemplated violating the oath at the time she signed it, that's perjury. That's another prosecution. On her last day on the job, she signed a statement under oath saying, 'I have given you everything that you're entitled to.' At the time, she hadn't given them anything. So she lied when she signed that statement. So we have four potential prosecutions here: perjury from the day one, perjury from the last day, retention of classified documents on a non-secured, non-government server and concealment of government documents from the government. She's admitted to all of that except the perjury."
Napolitano also floated a conspiracy theory in which the Obama administration targeted the former Secretary to thwart her Presidential ambitions.
"There is a theory that the White House is behind all this and that the last person they want to succeed Barack Obama is Hillary Clinton because, are you ready for this, she is too conservative for the Obama crowd. She'd be a centrist and he wants a leftist like he is to replace him. So it might not be inconceivable that they might do to Hillary what they did to the only hero among them, David Petraeus. They might actually file criminal charges against them."