Judge Nap on 'Political Justice' at DOJ: They Prosecuted Roger Clemens, But Not James Clapper
Fox News senior judicial analyst Judge Andrew Napolitano said James Clapper may have lied to Congress about leaking information to the media, but he has a history of escaping prosecution for perjury.
Clapper, the former director of national intelligence, said in a March 12 CNN interview that he had no contact with anyone from the media until after he left the government.
The House Intelligence Committee, however, found in a heavily redacted report that Clapper provided "inconsistent testimony" to Congress when he denied discussing the infamous anti-Trump dossier or any other intelligence related to the Russia investigation with journalists.
“Clapper lied about (fraudulent) Dossier leaks to CNN” @foxandfriends FoxNews He is a lying machine who now works for Fake News CNN.
— Donald J. Trump (@realDonaldTrump) April 28, 2018
The report also noted that Clapper, who is now a national security analyst for CNN, "admitted that he might have spoken with other journalists about the same topic." Clapper is facing questions about whether he was a source for CNN for a Jan. 2017 story about Trump being briefed about the dossier by former FBI Director James Comey.
Shortly after that story was published, Buzzfeed published the unverified dossier contents in full.
On "America's Newsroom," Napolitano said if Clapper leaked information about the dossier, he likely did not break the law, but if he lied about it to a congressional committee, then he did.
"But he has a history of lying and not being prosecuted," Napolitano said, noting that Clapper was accused of perjury previously for testimony in March 2013 about mass surveillance by the NSA.
He pointed out that the statute of limitations for perjury is five years, which means it just expired last month without any indictment from the Justice Department.
Napolitano said this is an example of "political justice," comparing how the DOJ treated Clapper to how it treated former baseball star Roger Clemens.
"This is the same Justice Department that prosecuted Roger Clemens ... for lying about the contents of his urine in a urine test. And they're not going to prosecute the director of national intelligence for perjuring himself on national television about whether or not 100 million Americans are being spied on without suspicion?"