Judge Nap to Megyn: Hillary Clinton Is on 'Such Thin Ice'
Judge Andrew Napolitano and Megyn Kelly sat down for a must-watch discussion on the new reports that Hillary Clinton wiped clean her personal email server.
Rep. Trey Gowdy (R-S.C.), chairman of the Select Committee on Benghazi, criticized Clinton Friday for "unilaterally deciding" to delete the emails. Gowdy added that Clinton made herself the "sole arbiter" of what would be kept and what would be deleted.
“While it is not clear precisely when Secretary Clinton decided to permanently delete all emails from her server, it appears she made the decision after October 28, 2014, when the Department of State for the first time asked the Secretary to return her public record to the Department,” said Gowdy.
Napolitano said it all comes down to the date that the former secretary of state deleted the emails. He pointed out that Rep. Jason Chaffetz made requests in Sept. 2012 for all "records" related to Benghazi.
Kelly and Napolitano agreed that the law is very clear that "records" would have included emails.
Napolitano said that letter put Clinton and her top aides "on notice" that the documents would need to be preserved. Then in the summer of 2013, Napolitano recalled that Rep. Darrell Issa issued subpoenas to the State Department for essentially the same documents.
By that time, Clinton had been succeeded by John Kerry.
"2015 begins and a new Congress starts. So she's going to say that she no longer had the obligation in 2015 to comply with letters and subpoenas served in 2012, '13 or '14. It depends when she wiped the server clean," said Napolitano, adding that Clinton "was wrong to delete anything" because the government is supposed to determine which records are personal and which are related to official business.
He added that some time between Sept. 2012 and March 2015 the records were destroyed.
Clinton, so far, has maintained that she only got rid of emails that were personal in nature and no classified materials were on her private server.
"She basically told the congressional investigators what they could do with their letters and with their subpoenas. She could have taught Richard Nixon a lesson. She utterly, totally and completely frustrated their lawful ability to get their hands on her records, which they have a right and a duty and an obligation to examine," said Napolitano, who concluded by saying Clinton is "on such thin ice" when it comes to possible federal crimes.
"If the government has any concept of the rule of law, they prosecute her for this. This is ten times what David Petraeus is accused of doing," he said.
Watch the full discussion above and don't miss The Kelly File, tonight at 9p/12a ET to see Megyn's powerful coverage of the latest developments on the Iran nuclear deal deadline.