Stuart Varney opens the discussion with Judge Andrew Napolitano by referencing a case in Maryland in which a judge has ordered an investigation into three attorneys who are believed to have helped Hillary Clinton destroy evidence.
Napolitano reminds Varney that it is not a criminal investigation and neither is it a civil lawsuit. “It’s an ethics investigation. Did these three lawyers violate ethical rules by the manner in which they physically handled Mrs. Clinton’s emails?”
He says, “The worst that could happen to them is a public reprimand. That’s it, so where is this going? The government has chosen not to prosecute. Jeff Sessions, the Justice Department can investigate, indict and prosecute but they choose not to do so.”
Varney asks if Napolitano thinks it’s a good decision not to prosecute, to which Napolitano replies, “No, I think it’s a terrible decision not to prosecute. They should prosecute Mrs. Clinton because there’s ample evidence of her guilt and they should prosecute anybody that destroyed evidence in a criminal investigation.”
Varney asks, “Are you disappointed with Jeff Sessions thus far?” Napolitano answers without hesitation, “Yes, even though he’s my friend, I’m going to hear about this. Yes, for this and for other reasons.”
He asks the question many of us have been asking with every Clinton speech or excuse for her loss, “Why do you think he’s stepped back from pushing the envelope in these cases? Why?”
Napolitano replies, “I hate to tell you this. It’s an institutional culture in government. We don’t want to go after our predecessors because we don’t want our successors to come after us.”
If that is in fact what is at play here then there is no accountability for the criminal wrongdoing official or for the one who is compromised, such as Sessions, who refuses to do his job in the interest of covering his own behind. That only works if we’re willing to accept inaction from our officials.
President Trump may opt to keep him in the short term, but these are high profile prosecutions of the largest criminals in our nation. A good old boy “gentleman’s agreement” is hardly a valid justification for choosing not to prosecute. Sessions said he had a great conversation with Lynch when he took over. Did he promise her. Comey, Mills and all the rest amnesty?
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