Andrew P. Napolitano
- When former Secretary of State Hillary Clinton was
asked last week if she has misled the American
people on the issue of her failure to safeguard
state secrets contained in her emails, she told my
Fox News colleague, Chris Wallace, that the FBI had
exonerated her. When pressed by Wallace, she argued
that FBI Director James Comey said that her answers
to the American people were truthful.
Clinton recognized that even her strongest
supporters doubted her statement, she attempted to
walk it back. In doing so, she repeatedly lied
again, but offered as an excuse a bizarre claim that
she had "short-circuited" her answer.
what that means? She claimed that she and Wallace
were talking over each other and her answer had been
misunderstood and misconstrued. Yet, Clinton said
that Comey exonerated her as being "truthful" to the
public when in fact he stated that she had been
truthful during her three-hour, closed-door,
unrecorded interview with the FBI.
told a group of largely pro-Clinton journalists that
she had short-circuited her remarks. Then, she
acknowledged that Comey had only referred to
whatever she told the FBI as being truthful. Then,
she lied again, by insisting that she told the FBI
the same things she has told the press and the
public since this scandal erupted in March 2015.
cannot be so, because she has issued a litany of
lies to the press and to the public, which the FBI
would have caught. In her so-called clarifying
remarks, she again told journalists her oft-stated
lie about returning all work-related emails to the
State Department. She could not have told that to
the FBI because Director Comey revealed in July that
the FBI found "thousands" of unreturned work-related
emails on her servers, some of which she attempted
state secrets issue, she has told the public
countless times that she never sent or received
anything marked classified. She could not have said
that to the FBI, because even a novice FBI agent
would have recognized such a statement as a trick
answer. Nothing is marked "classified." The markings
used by the federal government are "confidential" or
"secret" or "top secret." When Director Comey
announced last month that the FBI was recommending
against indictment, he revealed nevertheless that
his agents found 110 emails in 52 email threads
containing materials that were confidential, secret
or top secret.
also found seven email chains on her servers that
were select access privilege, or SAP. SAP emails
cannot be received, opened or sent without knowing
what they are, as a special alphanumeric code, one
that changes continually, must be requested and
employed in order to do so. SAP is so secret that
the FBI agents investigating Clinton lacked access
to the code.
Clinton have legally received, opened, stored or
sent a secret or top secret email without knowing
it, as she has claimed? In a word: NO.
because, on her first day in office, Clinton swore
under oath that she recognized her legal obligation
to recognize state secrets and treat them according
to law — that is, to keep them in a secure
government venue — whether they are marked as
secrets or not.
weekend, we learned how deadly the consequences of
Clinton's failure to secure secrets can be.
Sunday, Iran executed a scientist who sold Iranian
nuclear secrets to the U.S. The secrets were
eventually passed on to Secretary of State John
Kerry for his use during the negotiations that led
to the recent U.S.-Iran nuclear accord. But the sale
of the secrets and the U.S.'s payments for them
(several million dollars) were consummated under
then-Secretary Clinton's watch. The scientist was
lured back to Iran, fearing harm to his family. Upon
his return, he was arrested, tried and convicted of
sent to Clinton, from Richard Morningstar, a former
State Department special envoy for Eurasian energy,
referred to this scientist as "our friend." The fact
that Clinton's aides referenced this spying
scientist as "our friend" shows a conscious
awareness of their duty to hide and secure state
secrets — his name and what he had done for the U.S.
Yet, at the same time, Clinton put these state
secrets at risk by having them sent to her via her
nonsecure home servers. This "our friend" email was
a top-secret email, which Clinton failed to keep
secure. It was either one of the 110 that the FBI
found on her servers or one of the work-related
emails she did surrender.
email have been used as evidence in the treason
trial of the now-executed scientist?
That is not
an academic question. Most of the intelligence
community seriously mistrusts Clinton, as her
recklessness has jeopardized their work. Some feared
that many of their undercover colleagues were
compromised or even killed due to Clinton's emails.
Rodham Clinton has established a clear and
unambiguous record of deception. Her deceptions are
not about the time of day or the day of the week;
they are about matters material to her former job as
Secretary of State and material to national
Do you know
any rational person who continues to trust her?
graduate of Princeton University and the University
of Notre Dame Law School, Judge
Andrew P. Napolitano is the youngest
life-tenured Superior Court judge in the history of
the State of New Jersey. He sat on the bench from
1987 to 1995, during which time he presided over 150
jury trials and thousands of motions, sentencings
and hearings. He taught constitutional law at Seton
Hall Law School for 11 years, and he returned to
private practice in 1995. Judge Napolitano began
television work in the same year.