Judge Andrew Napolitano:
“Well, I was a little concerned when the President-elect said ‘I don’t want to cause too much heartache for the Clintons.’ And I don’t know, yet, if he’s seen the FBI file on them. And he should see that file before he makes a decision. But the latest information from Reince Priebus, namely, that the president will abide the decision of the Attorney General, obviously, we’ll rely on what the FBI has already gathered. It’s heartening to me. I don’t think the decision to prosecute or not to prosecute should be a political one. It should be a legal one. Now I’ve been arguing for months that there’s enough evidence to prosecute Mrs. Clinton for espionage, the failure to safeguard State secrets. And I was harshly critical of FBI Director Comey when he, not Attorney General Lynch, but FBI Director Comey said, ‘We’re not going to prosecute. By the way, here’s all the evidence against her.’ And he listed all that.
Let’s not forget there are three investigations: There’s the now-shut-down-for-the-second-time investigation of espionage, failure to safeguard State secrets.
There’s the public corruption investigation. Succinctly, did she tailor her decisions as Secretary of State to enrich the Clinton Foundation? And then there’s the investigation of the Clinton Foundation itself in which her husband is also a target. Was it a bona fide charity? Was it a slush fund, just a means to enrich them? Was it a criminal enterprise in which the money did not go as the donors intended it to go? So those are three distinctive investigations: one closed, two still ongoing.”