{"id":33379,"date":"2016-03-11T15:14:17","date_gmt":"2016-03-11T19:14:17","guid":{"rendered":"https:\/\/stateofthenation2012.com\/?p=33379"},"modified":"2016-03-11T15:15:01","modified_gmt":"2016-03-11T19:15:01","slug":"judge-napolitano-indictment-certain-in-clinton-email-scandal-before-november","status":"publish","type":"post","link":"https:\/\/stateofthenation2012.com\/?p=33379","title":{"rendered":"Judge Napolitano: Indictment Certain in Clinton Email Scandal Before November"},"content":{"rendered":"

by Adam Dick
\n<\/span>Ron Paul Institute<\/p>\n

Expect the indictment of former United States Secretary of State Hillary Clinton or one or more of her high-level aides from the State Department in the next few months.<\/p>\n

Fox News Senior Judicial Analyst Andrew Napolitano explained in a Fox Business panel discussion last week that the granting of immunity against self-incrimination to Bryan Pagliano, who helped set up the private email server for Clinton that is central to an ongoing investigation by the Federal Bureau of Investigation (FBI), means the Department of Justice intends to secure indictment of a person or people up the \u201ctotem pole\u201d from Pagliano in the Hillary Clinton email scandal. Concludes Napolitano, \u201cI think there will surely be indictments prior to November.\u201d November, of course, is when the US presidential general election, in which Clinton hopes to compete as the Democratic nominee, will take place.<\/p>\n

Based on the fact that immunity was granted to Pagliano, Napolitano derives many details of the current state of the government\u2019s investigation into Clinton\u2019s emails. In particular, Napolitano asserts that the following is known:<\/p>\n

So we know already the FBI is interacting with the Justice Department, the FBI has already made some recommendations to the Justice Department, the Justice Department has accepted those recommendations seriously, has convened a grand jury, and has begun or will soon begin to present evidence to the grand jury, and they need Mr. Pagliano\u2019s testimony immunized, which means he no longer has the privilege against self-incrimination because they can\u2019t use against him whatever he says. It also means \u2014 this is profound \u2014 they intend to indict someone. It\u2019s not Bryan Pagliano; he can only be indicted if he commits perjury if he lies under oath. But, they intend to indict someone in this chain north of him.<\/p><\/blockquote>\n

Supporting his conclusion that an indictment or indictments are in the works, Napolitano, who is a former New Jersey state judge, provides some background information regarding how immunity grants work in the US court system. First, notes Napolitano, \u201conly a federal judge can grant immunity.\u201d Napolitano further explains that a federal judge will only grant such immunity for a witness \u201cthe government needs to testify before some proceeding,\u201d which Napolitano notes in this instance would be a grand jury proceeding. \u201cThe procedure to obtain immunity,\u201d Napolitano continues, \u201cis so time consuming and involves such resources, they would not do it just for the heck of it; they would not do it just to satisfy newspaper editorials or political commentators.\u201d Instead, he concludes, \u201cthey would only do it if they are seriously presenting evidence before a grand jury and they need the live testimony of this witness.\u201d<\/p>\n

So, who might be indicted? Napolitano mentions a few possibilities: Clinton,Patrick Kennedy<\/a>, Philippe Reines<\/a>, Cheryl Mills<\/a>, and Huma Abedin<\/a>.<\/p>\n

\u201cThe typical federal procedure,\u201d elaborates Napolitano, \u201cis to start at the bottom \u2014 either indict the person and they spill the beans or get immunity for the person and they spill the beans \u2014 and work your way up.\u201d<\/p>\n

Napolitano said<\/a> last month that, even without Pagliano\u2019s testimony, the evidence related to the Clinton emails scandal shows that Clinton\u2019s \u201cfailure to care for national security secrets is now well documented, overwhelming, publicly known, and publicly understood.\u201d What is not clear, he noted, is whether President Barack Obama would OK her prosecution.<\/p>\n

If recommended prosecution of Clinton is blocked, Napolitano predicts in the new Fox Business panel discussion, Clinton will still be harmed. \u201cIf the FBI tells the Justice Department, \u2018we have enough evidence \u2014 solid, legally obtained evidence \u2014 to indict and convict,\u2019 and the Justice Department rejects that,\u201d suggests Napolitano, \u201cexpect resignations from the FBI and leaks of all the evidence.\u201d And that situation, says Napolitano, \u201cwill have a catastrophic effect\u201d on Clinton\u2019s presidential candidacy.<\/p>\n

Watch Napolitano and the Fox Business panel\u2019s complete discussion here:<\/p>\n