Judge Andrew Napolitano on Hillary Clinton’s Benghazi testimony: FBI investigators “found a field day today”

By Tiffany Mullon

Judge Andrew Napolitano told viewers on “Special Report with Bret Baier” that in Hillary Clinton’s testimony to the House Select Committee on Benghazi on Thursday, in addition to the committee members, Clinton had to address “25 FBI agents and investigators in the Justice Department, not far from where she testified today, who are looking at the following things she said: they're looking for material misrepresentations, they're looking for the willingness to deceive, they're looking for actual material lies, remember she's under oath, and they're looking for how many different versions she can possibly give of the various events. And I suggest to you that they found a field day today.”

Napolitano, Fox News Senior Judicial Analyst, reminded viewers that while Clinton had a duty to answer the questions of members of congress and the American people during her testimony, she is also under federal investigation for a variety of allegations: “Remember, she can be prosecuted for misleading congress as well as for lying to congress, she is under oath. This is not a political rally. She's also being investigated by the FBI for at least four crimes: espionage, the failure to secure national security secrets, destruction of government property, wiping a server clean, lying under oath to a federal judge when she said she gave the government everything, and I think the FBI has a lot more to go on today as a result of this testimony because she forgot about that third and hidden audience.”

Bill Clinton's office checked with State Department on paid speech to group with ties to Tehran

By Ed Henry

An aide to Bill Clinton checked with the State Department in 2012 about the former president potentially delivering a paid speech to a group with ties to the government of Iran that has pushed for an end to all U.S. sanctions against Tehran, according to an email exclusively obtained by Fox News.

The email request, in June of 2012, came during a sensitive time for then-Secretary of State Hillary Clinton. The Wall Street Journal reported last week that in July of 2012 one of Secretary Clinton's top aides, Jake Sullivan, started meeting in secret with Iranian diplomats in talks that helped paved the way for the nuclear deal with Tehran.

The email from the former President's office was sent on June 4, 2012, from an aide to Bill Clinton to three aides for then-Secretary Clinton, including Sullivan as well as State Department chief of staff Cheryl Mills.

"Would USG have any concerns about WJC doing a paid speech for (the) National Iranian American Council ('NIAC')?" wrote Ami Desal, an aide to the former president. "We have been approached by the National Iranian American Council ('NIAC') for President Clinton to speak at a fundraising gala they are putting on."

The email was obtained through a lawsuit by conservative activist David Bossie, a longtime Clinton critic, who has recently shared with the media several emails about the vetting process for Bill Clinton's speaking requests.

Fox News and other media outlets have previously obtained emails showing an aide to Bill Clinton vetted with the State Department possible paid speaking gigs with groups tied to North Korea and the Republic of the Congo. In the end, Bill Clinton did not deliver those speeches or the one with the National Iranian American Council.

An official with the former president's office stressed to Fox on Tuesday that the previous stories about his speech requests have been mischaracterized as him pushing to do these controversial speeches.

"As we've said before, as a matter of course, all requests were run by the State Department," said an official in the former president's office. "And most importantly, ultimately, the President did not give this speech."

The National Iranian American Council, a 501(c)3 nonprofit group which was founded in 2002, has denied being a lobbying group for the Islamic Republic of Iran, though the group has been an outspoken critic of U.S. sanctions on Iran. 

Hayes: Hillary's apology: She doesn't mean it

Steve Hayes,  Senior Writer for The Weekly Standard told viewers on "Special Report with Bret Baier" that Hillary Clinton's latest apology on her email controversy was inauthentic.

"This explains the shift from defiance to contritrition, It's totally contrived,  she doesn't mean a word of it." said Hayes

The former secretary of state insisted for months that owning a personal server, stored at her home, was allowed and that she had done nothing wrong. The controversy has dogged her since and became a liability as her popularity in the polls took a dive.

Hayes said Mrs Clinton maintained her innocence and even blamed her political enemies as far back as Bill Clinton's days in the White House, "She hinted several times that this was all  part of the vast right wing conspiracy. She's going back to the defense she used in the 1990's to defend her husband. "


Hillary Clinton in "panic mode"

Jason Riley, columnist with the Wall Street Journal said on "Special Report" that the Hillary Clinton campaign is in "panic mode," as they try to tamp down the latest controversy over classified emails.

"We know they're in panic mode because they keep telling us they're not in panic mode," Riley told viewers.

Riley pointed out that the email issue has dogged her in recent weeks, eclipsed policy announcements aimed at helping the middle class, "The media isn't talking about Hillary Clinton's plan to reduce college costs, plans to address income inequality. They're talking about her server and her email."

The former secretary of state held a news conference yesterday fielding questions about top secret communications, refusing to directly answer a question about whether she had the server wiped clean.

"That news conference was a disaster; I think they're in damage control mode," concluded Riley.


Krauthammer says when does Hillary use her standard "what difference" line

Syndicated Columnist Charles Krauthammer told Tuesday's "Special Report with Bret Baier" viewers that Democratic presidential candidate Hillary Clinton just needs to pull out her standard scandal line when answering questions about her private email server.

"I'm waiting for her to say 'at this point, what difference does it make,'" Krauthammer said, referencing the comment that then Secretary of State Clinton used during a contentious 2013 House Oversight Committee hearing about how Clinton handled the Benghazi bombing that killed four Americans. 

Krauthammer explained that candidate Clinton's answers to questions related to her email scandal "enters the world of farce."  The syndicated columnist referenced what he called a punch-line  of a joke.  "The answer to it is "in a closet, in a bathroom, in a loft in Denver," Krauthammer said.  Adding, "and the question is where are the highest secrets of the State Department kept."

There are reports that the Clinton server was maintained by a small Denver company that allegedly kept the server racks in out of an old bathroom closet in a downtown Denver loft.

Napolitano: Clinton presumed to know “what is top secret and what is not” in email server

Judge Andrew Napolitano told viewers Thursday on “Special Report with Bret Baier” that when it comes to Clinton’s knowledge of the data in her email servers “Mrs. Clinton is presumed to have known in the years she was Secretary of State what is top secret and what is not.”

His comments came as more details continue to emerge about the sensitive information in Hillary Clinton’s private email server. Clinton aides continue to say that email she sent via private email wasn’t classified at the time and is even suggesting that the former secretary of state didn’t know information was classified because it wasn’t marked as such.

“If somebody removed the top secret terminology on it, that person committed a felony,” Napolitano said. “But she is presumed to know what is top secret, whether it is stamped top secret or not.”

Democrat Division

 By Jay Boyd, Fox News Summer College Associate

While the divide in the Republican Party has been discussed at length over the years, we could be witnessing an emergence of a divide in the Democratic Party as well.

Former Secretary of State Hillary Clinton has long been the presumptive nominee, but a combination of factors has led to her falling poll numbers, where she is currently underwater by 20 points in honesty and 11 points in favorability, according to a recent Quinnipiac poll. Her competitors, while not all polling well, are attempting to distance themselves from Clinton. However, recent fundraising numbers have her more than quadrupling the rest of the field.

Her closest rival, Vermont Sen. Bernie Sanders, doesn’t even run in his home state as a Democrat – he’s an independent who caucuses with the Democrats. Sanders has experienced a recent boom in support, which has resulted in a Franklin Pierce/Boston Herald poll that has him beating Clinton 44-37 in New Hampshire. Only 35 percent of those polled are “excited” by a Clinton candidacy, in addition. In the same poll in March, Sanders trailed Clinton 47-8, a remarkable turnaround spurred by a meteoric rise.

Recent events hosted by Sanders have reached rather spectacular crowd levels, attracting some of the largest crowds of any candidate in this stage of the primary season. Between three stops in Seattle, Portland, and Los Angeles, the Vermont Senator had over 70,000 attendees, with the maximum topping out at 28,000 in Oregon. The majority of Clinton’s events are limited to smaller crowds, perhaps in a move to get the events to take on a more personal level. Sanders boasts over $15M in donations to his campaign, none of which are from PACs. Meanwhile, Hillary raked in roughly that amount through only her super-PAC in the first six months of 2015.

Vice President Joe Biden has been garnering poll numbers hovering around 10% for most of the summer, not quite the level of support Sanders has been receiving. However, should Biden enter the race, one could expect his numbers to spike, especially since he has higher favorable ratings than Clinton. Recent reports have said that Biden was encouraged to run by his late son, Beau, along with his other son, Hunter. Should he jump in the race, the most important endorsement, President Obama, may have to decide between his running mate and the “inevitable” nominee.

The one area where Clinton is experiencing consistent support is from the African-American community. While two of her rivals, Sanders and former Maryland Governor Martin O’Malley, have experienced backlash from them, Clinton has kept her nose clean, expressing support for the Black Lives Matter movement routinely. Her favorability among African-Americans is far and away the best in the Democratic field, but could be threatened by a Biden entry into the race.

Recent news about Clinton’s top secret emails on her private server is yet another hill that her campaign will have to climb to get above water in the honesty and trustworthiness polls. With her server now in the hands of the Justice Department, the e-mail scandal has the potential to get worse before it gets better. No other candidate on the Democratic side has had as many battles to fight as the Clinton campaign, and she seems to be taking a hit with her poll numbers as a result.

The dawn of a split in the Democratic Party could be upon us, but only time can truly tell.

More problems for Clinton Foundation

The acting CEO of the Clinton Foundation admitted to mistakes in how the foundation disclosed its donors, but has insisted the Clinton Giustra Enterprise Partnership, a multi-million dollar foundation publicly listed as a donor on the Foundation's website, did not identify its donors because Canadian law bans disclosure of charitable donors without their consent.

Critics have charged learning about donors to the Canadian charity would reveal whether any may have had business before the State Department when Hillary Clinton was Secretary of State.

Now reports have surfaced that say under Canadian law there is no blanket prohibition on charities to ever release donor names. In general, charities registered with the Canadian federal government are subject to provisions in the Income Tax Act, which regulates whether the Canada Revenue Agency (equivalent of the Internal Revenue Service) can disclose taxpayer information, including donor information. It does not regulate whether a registered charity can disclose donor information.

The Boston Globe also reports the Clinton Health Access Initiatives, a part of the Clinton Foundation, failed to disclose its foreign donations during Hillary Clinton's tenure as Secretary of State.

A spokesperson told the Globe the charity simply deemed it unnecessary, except for one instance--which was an "oversight."

In 2010 Clinton Health Access Initiatives took in close to $27 million in foreign donations and more than double that amount in 2013.

Ed Henry has more on this story for us tonight on Special Report.

Tax payer funded charters spell more trouble for Hillary

In the four years leading up to her 2008 presidential campaign Hillary Clinton spent more than $300,00 on private charters at tax payers expense-- a practice that while legal raises questions about whether or not she pushed the boundaries of the law.

The use of charter travel is common on both sides of the aisle and lawmakers frequently ramp up the travel as they approach re-election. Paul Singer at USA Today found 28 of Clinton's office flights traveled outside of New York and in 2006 she spent more on charters than any other senator. A Clinton spokesman says  "she constantly crisscrossed the state to meet with the people she represented" and her travel was part of "her tireless work on behalf of New York."

This latest revelation is not illegal, but couldn't come at a worse time as the Clinton camp works to write a positive narrative ahead of kicking off her campaign. She is stuck with yet another round of negative press that could give many Democrats second thoughts about making Hillary their next nominee.

2016 Contenders: Rand Paul

Senator Rand Paul sat down with us as part of our 2016 Presidential Contenders series for Special Report. Here are a few of the questions and answers you didn't get to see on the show--including when he will make the decision to run, his thoughts on term limits, his views on national defense, and a GOP run against what could likely be a Hillary Clinton nomination.




Coming Up

President Obama set out Monday to help seal a global climate pact at the opening of a major summit in Paris, though he faces stiff opposition at home from congressional Republicans and states worried his proposals will cost thousands of jobs.

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  • Charles Krauthammer @krauthammer

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