By Judge Andrew P. Napolitano Published July 21, 2016
What if the folks who run the Department of Political Justice recently were told that the republic would suffer if Hillary Clinton were indicted for espionage because Donald Trump might succeed Barack Obama in the presidency? What if espionage is the failure to safeguard state secrets and the evidence that Clinton failed to safeguard them is unambiguous and overwhelming?
What if President Obama never really liked his former rival whom he appointed as his secretary of state? What if he had no real interest in seeing her succeed him because he and his wife simply could never trust her?
What if, when Clinton suggested to the president that the U.S. wage a secret undeclared war against Libya, the president went along with it as a no-lose proposition? What if he assumed that if her secret war succeeded he’d get the credit and if her secret war failed she would get the blame?
What if the means of fighting the secret war consisted of employing intelligence assets rather than the U.S. military? What if Clinton concocted that idea because the use of the military requires a public reporting to the entire Congress but the use of intelligence assets requires only a secret reporting to a dozen members of Congress?
What if Clinton expanded her war by permitting American and foreign arms dealers to bypass the NATO arms embargo on Libya by selling heavy-duty, military-grade arms directly to militias in Libya? What if this was Clinton’s dream scenario — an apparent civil war in Libya in which the victorious side was secretly armed by the U.S., with democracy brought to the country and Clinton the architect of it all?
What if the CIA warned Clinton that this would backfire? What if the CIA told her that she was arming not pro-Western militias but anti-American terrorist groups? What if she rejected all that advice? What if providing material assistance to terrorist groups is a felony? What if the Department of Political Justice actually obtained an indictment of an American arms dealer for going along with Clinton’s schemes?
What if Clinton’s secret war in Libya was a disaster? What if she succeeded in toppling the Libyan leader, Col. Moammar Gadhafi, only to have him replaced by feuding warlords who control anti-Western terrorist groups that not only failed to produce democracy but instead produced destruction, chaos, terror, torture and death?
What if Clinton managed her Libyan disaster using a non-secure email system even though she regularly sent and received state secrets? What if she sent many emails containing state secrets about her Libyan war to her friend Sid Blumenthal? What if Blumenthal had been turned down for a State Department job by the president himself?
What if Blumenthal did not have a government security clearance to receive lawfully any state secrets? What if Clinton knew that? What if the FBI found that Blumenthal’s emails had been hacked by intelligence services of foreign governments that are hostile to America?
What if there were terrible secrets that Clinton wanted to keep from the public and for that reason she used private servers and non-government-issued mobile devices? What if those terrible secrets involved her enabling the unlawful behavior of her husband and his shoddy, unlawful foundation? What if Mrs. Clinton made decisions as secretary of state that were intended to enrich her husband and herself and she needed to keep emails about those decisions away from the public?
What if the president recognized all this and authorized the FBI to conduct criminal investigations of Mrs. Clinton?
What if, after the ascendancy of Donald Trump in the Republican presidential primaries, the president warmed up to his former rival? What if Trump so got under the president’s skin that it drove him to embrace Clinton as his chosen successor and as the one Democrat who could prevent a Trump presidency?
What if the president sent word to the Department of Political Justice to exonerate Clinton no matter what evidence was found against her? What if, in response to that political interference, the FBI investigation of her failure to safeguard state secrets and her corruption took irregular turns?
What if FBI management began to intimidate FBI agents who had the goods on her? What if FBI management forced agents to sign highly irregular agreements governing what the agents can tell anyone when it comes to what they learned about Clinton?
What if the Department of Political Justice never subpoenaed anything from Clinton? What if it never convened a grand jury to seek and hear evidence against her? What if the FBI requires a grand jury to subpoena documents and tangible things? What if it is highly irregular . . .