Is Hillary Off the Hook With DOJ on Clinton Foundation Allegations

Judge Nap: 'Clinton Foundation Case Easier for FBI to Prove Than Emails'

Fox News’ senior intelligence correspondent Catherine Herridge reported Tuesday that Republican lawmakers on Capitol Hill are making a push for former Secretary of State Hillary Clinton, the Democratic presidential nominee, to be prosecuted for perjury charges in connection with the investigation into her email scandal.

Clinton is accused of lying under oath while being deposed in her original email scandal, after comparisons were made between her personal statements and declarations made by the FBI.

On “Your World” today, Stuart Varney asked senior judicial analyst Judge Andrew Napolitano whether there was a case to be made against Clinton in this way.

“Clearly, either perjury, providing false information or misleading Congress” have occurred, Napolitano declared.

“This is a slam dunk case in the ordinary world—were her name 'Hillary Rodham' and not 'Hillary Rodham Clinton,' this information would be on its way to a grand jury.”

Napolitano said that, compared to the initial email investigation, in which FBI Director Jim Comey recommended charges not be brought against Clinton, that the facts in the new case “nicely, neatly, tightly and in an easily understandable way focus the lies that Mrs. Clinton uttered while under oath.”

Varney asked Napolitano about the likelihood Clinton would be prosecuted.

“Well, the Justice Department has an unwritten policy that they will not indict someone who is running for office within 90 days of an election—unless it is necessary to preserve the integrity of the election. [Therefore there is] obviously a basis for indicting her.”

However, the judge was not confident such a case would be brought.

“The people that will decide to indict her are the same that decided not to indict her when she failed to keep secure 110 secret or top secret emails.”

“This will just pass on by?” Varney asked.

“Yes, I’m sorry to say I think it will,” Napolitano said.

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