The question Hillary won’t answer is whether she will drop out if she is indicted. The question was asked yesterday Univision host Jorge Ramos during the Democrat debate.
RAMOS: “Secretary Clinton, I want to disclose once again that my daughter Paula works for your campaign. And now I have a question about your e-mails. Your Republican opponents say those e-mails have endangered our national security. When you were secretary of State you wrote 104 e-mails in your private server that the government now says contain classified information according to “The Washington Post” analysis. That goes against a memo that you personally sent to your employees in 2011 directing all of them to use official e-mail, precisely because of the concerns. So if seems you issued one set of rules for yourself and a different set of rules for the rest of the State Department. So who specifically gave you permission to operate your e-mail system as you did? Was it president Barack Obama? And would you drop out of the race if you get indicted?
Colin Powell is in on the entire ruse.
CLINTON: “Jorge, there’s a lot of questions in there. I’m going to give the same answer I’ve been giving for many months. It wasn’t the best choice. I made a mistake. It was not prohibitive. It was not in any way disallowed. And as I have said and has now has come out, my predecessors did the same thing. And many other people in the government. But here’s the cut to the chase facts. I did not send or receive any e-mails marked classified at the time. What you are talking about is retroactive classification.
And the reason that happens is when somebody asks or when you are asked to make information public, I asked all my e-mails to be made public. Then all the rest of the government gets to weigh in. And some other parts of the government were not exactly sure who, has concluded that some of the e-mails should be now retroactively classified.
They’ve just said the same thing to former secretary Colin Powell. They have said we’re going to retroactively classify e-mails you sent personally. Now I think he was right when he said this is an absurdity. And I think that what we have got here is a case of over-classification.”
RAMOS: “If we —“
CLINTON: “I am not concerned about it. I am not worried about it, and no Democrat or American should be either.”
RAMOS: “The questions were — secretary Clinton — the questions were who gave you permission to operate? Was it President Obama?”
CLINTON: “There was no permission to be asked. It had been done by my predecessors. It was permitted.”
RAMOS: “If you get indicted, are you going to drop out?”
CLINTON: “Oh, for heaven’s sakes, that’s not going to happen. I’m not even answering that question.”
Judge Napolitano disagreed in a discussion with Bill Hemmer on America’s Newsroom this morning. After playing the clip, the Judge was asked to respond.
HEMMER: “Judge Napolitano, welcome to you. It wasn’t just the e-mail, it was the server. Legally speaking a significant distinction why?”
NAPOLITANO: “Because her predecessors, Colin Powell and Condoleezza Rice did not have servers in their own homes. The secretary of state has two e-mail streams. A regular e-mail stream and secret e-mail stream. She hired an expert to divert both e-mail streams to her home server.”
HEMMER: “Are we asking the wrong question about e-mail when we should be asking about private servers?”
NAPOLITANO: “Sometimes we are. Sometimes it’s very complex. Ramos has an excellent understanding of what happened and asked the right questions. In one of her answers, Bill, she revealed inadvertently to the FBI a proclivity to mislead. Because she said to Mr. Ramos just as she has been saying for a year now. I neither sent nor received any e-mail that was marked classified. We know and the FBI knows and she knows that nothing is marked classified. Yet she continues to mislead the questioner, thereby sending a dog whistle to the FBI. Her natural inclination is not to tell the truth.”
HEMMER: “He said who gave you permission. Is that the way to phrase it?”
NAPOLITANO: “I don’t know that I would have phrased it that way. But when she said I didn’t need permission.”
HEMMER: “That’s right. She said there is no permission to be asked. It was permitted.”
NAPOLITANO: “She is revealing an ignorance of the law. We are talking about who owns the e-mail of a government worker when they pass on a government instrument. Answer, the government does. And so when your e-mails are demanded, you can’t hold back and say these are mine, these are yours. The government decides which are government and which are private.”
HEMMER: “You wrote in the ‘Washington Times’ the other day, ‘Hillary Clinton’s false hopes.’ Why false?”
NAPOLITANO: “If she believes this will go away, that belief is a false belief. The FBI agents investigating her constitute the same theme that got General Petraeus. What they have against her is a quantum leap more than they had against General Petraeus. Last night it was a very bad reaction.”
HEMMER: “69 years, it’s going to end in an indictment?”
NAPOLITANO: “She should have been prepared for that kind of question.”
HEMMER: “Andrew Napolitano, thanks.”