Judging Freedom - Hillary - _No One is Above the Law_

Episode Date: September 8, 2022

Hillary Clinton hits back against comparisons to Trump’s handling of classified docs https://thehill.com/homenews/3630928-... #HillarySee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hi everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Thursday, September 8, 2022. It's about 1130 in the morning here on the east coast of the United States. I've been a little reluctant to get into the comparisons between the non-prosecution of former Secretary of State Hillary Clinton for her diversion of 33,000 emails away from the State Department and onto her private server, and the aggressive prosecution of former President Donald Trump for his possession of property belonging to the government, most especially national defense information, particularly, as we now know, according to what was leaked yesterday by DOJ sources to the Washington Post, plans for nuclear weapons

and the defense against the use of nuclear weapons by an American ally, by a non-named government that is allied or aligned with the United States. But when Mrs. Clinton went on The View yesterday, and we'll run the clip for you in a second, I can't hold my fire any longer. Just to refresh your memory, instead of using the normal government server for her emails, she used, well, in addition to using the own private server, which was held in various places in Delaware and New Jersey and in a closet in her and her husband's home in Chappaqua, New York. That amounted to about 33,000 emails. She hired somebody to bleach or destroy the memory in the server, so nobody ever got their hands on the emails. But the FBI was able to determine that of those 33,112 were classified, and of the 112 classified, about a dozen were top secret.

They were all, of course, destroyed. You would never know that from listening to Mrs. Clinton's calls for the rule of law. Take a listen. The key is what the facts and the evidence are, what the FBI and the intelligence community learn about these documents, how they ended up there, who else saw them. Because apparently they've been moved around. It's not like they were in a vault. They were in a storage room where people go in and out getting umbrellas for the pool or, you know, something else.

So I think that we have to we have to wait and we have to we have to have, I think, two minds about this. No one is above the law. The statement is a true statement. No one is above the law. But that is a formal statement rather than a functional one. Formalism is what the law says and means as it is written. Functionalism is how the law is enforced. Formally, no one is above the law. The law is applied to everyone.

No one is above it and no one is below it. Everyone is protected by it and everyone can be prosecuted for it if there's evidence of their guilt. But for her to say no one is above the law when she knows she could very well and should very well have been indicted and yet she skated, we'll never know why. Except this was a Barack Obama DOJ. The appointee, Jim Comey, had been there for 10 years. I don't even remember who initially appointed Comey. It was not Obama. I believe it was George W. Bush. But the combination of the hierarchy of the DOJ at the time and the hierarchy of the FBI at the time decided that she should not be prosecuted. She should have been prosecuted. This doesn't absolve Trump, but it does show us, sadly, regrettably, that in American society,

there are some people who are above the law, and Hillary Rodham Clinton is one of them. Judge Napolitano for judging freedom.