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Former Judge: A Lot of Unanswered Questions Remain in Hillary Clinton Case

Hillary Clinton

Hillary Clinton

Andrew P. Napolitano
for Washington Times

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 Mrs. 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 Mrs. Clinton suggested to the president that the United States 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 Mrs. 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 Mrs. 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 Mrs. Clinton’s dream scenario — an apparent civil war in Libya in which the victorious side was secretly armed by the United States, with democracy brought to the country and Mrs. Clinton the architect of it all?

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is a contributor to The Washington Times. He is the author of seven books on the U.S. Constitution.

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