Judge Nap: Hillary Saying She Can’t Remember “Shows Reckless Disregard” for National Security

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Judge Napolitano was interviewed by Stuart Varney about Hillary’s FBI interview. The Judge believes the FBI set a trap for her that she didn’t fall for but “she opened up doors big enough for Donald Trump to drive a tractor-trailer through with respect to her memory problems, with respect to her saying ‘I had a concussion and I don’t remember what happened at that time,’ and with respect to her utter cavalier reckless disregard for the sanctity of state secrets.”

VARNEY: “The FBI set a trap for Hillary.”

NAPOLITANO: “Yes.”

VARNEY: “Explain it, what happened?”

NAPOLITANO: “Okay, so, before the interview began they took a very— the paper version of a very innocuous e-mail from Mrs. Clinton to her assistant, Huma Abedin, stamped it with the word ‘secret’ on it and then presented it to her, saying ‘Do you recognize this document?’ She says ‘No, I don’t,’ and by the way, that’s not a secret. There’s no secrets contained in there whatsoever.”

VARNEY: “So, she didn’t fall for the trap?”

NAPOLITANO: “She didn’t fall for the trap, but she also demonstrated an awareness of the fact that a document contains secrets by virtue of what’s in the document, not by virtue of what’s stamped on it. So, they sort of— it’s a good trap in that it enabled them to derive information about her thinking no matter which way she went on it. She didn’t fall for the phony stamp, but she also knew you have to read the document to decide whether it’s secret or not, whether there’s a stamp on it or not.”

VARNEY: “So that’s a contradiction of what she said previously?”

NAPOLITANO: “Yes, exactly. Can the FBI attempt to trap you in an environment like that? Absolutely. It’s perfectly lawful.”

VARNEY: “Okay.”

NAPOLITANO: “But many of the things that happened in that interview show me that she was terrified of indictment and opted to save herself from prosecution at the peril of her political career.”

VARNEY: “Well. what she said was ‘Sorry, i don’t recall,’ and she said that 39 times, covering her legal position.”

NAPOLITANO: “Before you say 39, the FBI failed to record her interview because her lawyers negotiated with their bosses and the Justice Department for no recording, a violation of FBI regulations. You record an interview. So, we don’t know if it’s 39 times. What was released on Friday were two documents – a summary written by an FBI agent of what they learned about her and a summary of their interview with her. It’s not the raw interview because it wasn’t recorded. In that summary, it is recounted that 39 times she said she doesn’t remember, but what she said she doesn’t remember is extremely telling because it shows a reckless disregard for what is a state secret entrusted to her for safe keeping and what is not a state secret. So reckless that I think that mayor Giuliani made a very good point – she probably could not pass a simple national security test. If she were an entry level lawyer applying to be a prosecutor in the federal system, she couldn’t get the job because she couldn’t get the clearance.”

VARNEY: “Well, surely, there’s a whole lot of material to go at for Donald Trump on this because she’s politically exposed by this.”

NAPOLITANO: “She did not have to do this interview legally, but her advisers told her she had to do it politically. I’m sure that her lawyers tried to talk her out of it. She opened up doors big enough for Donald Trump to drive a tractor-trailer through with respect to her memory problems, with respect to her saying ‘I had a concussion and I don’t remember what happened at that time,’ and with respect to her utter cavalier reckless disregard for the sanctity of state secrets.”

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