Judge Napolitano was on Fox&Friends Tuesday morning to address the Lois Lerner vindication and was once again asked if, in light of this decision, can we expect the same thing from the Hillary Clinton investigation.
Lerner did target conservative groups. She made it very difficult for these groups to gain approval, and as a consequence they missed one or two election cycles. Emails showed that the antipathy towards Citizens United was so extreme that the order came down from the White House to stop these groups, he believes.
Judge Napolitano said the Lerner case exposes the “dark intersection of Federal law enforcement and national politics” in which politics sometimes wins out. The president is the chief law enforcement agent in the nation and he can pick and choose.
The same thing is taking place in the Bowe Bergdahl case. When the president’s fingerprints are on a criminal prosecution, politics wins out.
So what does he think about Mrs. Clinton’s potential prosecution? The judge believes she is in a different category, and her inappropriate behavior is so well-known and this is so high profile, and she is under the scrutiny of the best team the FBI has, that he doesn’t think politics will enter in.
He also believes that if the White House does not prosecute, should the FBI hand down a recommendation for indictment, top FBI officials will resign and information will be leaked that will be so damaging to Mrs. Clinton that it will be as bad as if they indicted.