News & Politics

Napolitano: Hillary Facing Catastrophe Whether She Is Indicted or Not

(Kevin Lamarque/Pool Photo via AP, File)

A number of conservative politicos have predicted that scores of FBI agents could revolt if their investigation into Hillary Clinton’s private email server finds overwhelming evidence of criminal wrongdoing and the Justice Department refuses to indict her. According to their theories, not only could there be mass resignations, including that FBI Director James Comey, but there could also be major leaks of unauthorized FBI investigative materials to the public.

On Friday morning, a powerful sitting senator also suggested that the FBI may leak reports of its investigation if the agency believes prosecution of Clinton was thwarted for political reasons.

During a breakfast meeting with the Des Moines A.M. Rotary club, U.S. Sen. Chuck Grassley (R-IA), chairman of the Senate Judiciary Committee, said, “If there’s political interference, then I assume that somebody in the FBI is going to leak these reports and it’s either going to have an effect politically or it’s going to lead to prosecution if there’s enough evidence.” Grassley went on to acknowledge that it would be a crime to release such investigative materials. “I wouldn’t be encouraging it because if it’s a violation of law, I can’t be encouraging a violation of law,” he said. “This is kind of my own opinion, this is something I’ve heard.”

On Monday morning, Fox News’ Judge Andrew Napolitano told Maria Bartiromo that while it was “highly unusual” for a member of the Senate Judiciary Committee to anticipate such an FBI leak, he agreed with Grassley’s take.

“He would not be surprised if FBI agents who truly believe that there is enough evidence to indict Mrs. Clinton and to convict her on both the email charge and the public corruption charge, will feel frustrated and stymied by the political people in the Justice Department and will want the public to know what they know,” he said. “If that class of people — it would be more than one person — leaks information to the press, I agree with Senator Grassley, if there is a leak, and if what is leaked is credible… the president could have a Saturday night massacre/Watergate-style disaster on his hands in the last six months of his presidency.”

This would not just spell trouble for the Clinton campaign, but for the entire Democratic Party as the party faithful fumble around trying to defend their “crooked” nominee.

“I don’t know what Grassley knows, but I do know that it is generally known in Washington that the same team of FBI agents who investigated and led to the prosecution of General Petraeus, is investigating Mrs. Clinton. And many on that team believe that General Petraeus got a slap on the wrist, and because the evidence in Mrs. Clinton’s case is exponentially greater, they do not want to see this happen again,” Napolitano said.

As for Comey’s timetable for wrapping up the investigation, Napolitano said that “no one knows what his deadline is. Last October, he led us to believe January. In January, he led us to believe May.” The Fox Business panel agreed that it was unfair to the American people for this investigation to drag on and on with no deadline.

“We do know that they’re nearing the end of their investigation,” Napolitano said. “And we know it because they have called in her five closest aides….And the last step in this investigation will be to invite Mrs. Clinton in. She says she can’t wait to talk to them — probably not true. Nobody being investigated by the FBI can’t wait to talk to them!”

Judge Napolitano argued that Clinton is in a lose/lose situation on this front. She can go in and speak to the FBI, which is “the politically safe thing to do” but also “legally treacherous for her.” If she doesn’t go in, she incriminates herself by not cooperating with the investigation.

Hillary Clinton continues to maintain that she is not under criminal investigation, characterizing the FBI probe as just one of many “security reviews” that are being conducted.

But Napolitano said on Fox News’ America’s Newsroom Monday that “this is about as serious an investigation as there could be…. The FBI does not do security assessments, the State Department does. The FBI does criminal investigations.”

He said on Friday that he believes the FBI has more than enough evidence to indict and convict Clinton.

“The evidence of her guilt is overwhelming,” Judge Napolitano stated. “And the FBI knows a lot more about it than I do.” He said he is “100-percent certain” that the FBI has enough evidence to indict and convict.

Whether she is indicted or not, Hillary faces a catastrophe, Napolitano says. “Probably so catastrophic that she will be replaced on the Democratic ticket.”