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Will Hillary Clinton Face Legal Trouble For Deleting Subpoenaed Emails?

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On Tuesday, Rep. Trey Gowdy (R-SC), chairman of the House Select Committee on Benghazi, formally requested that Hillary Clinton appear before the Committee for a transcribed interview regarding her use of private email on a private server during her tenure as Secretary of State, and her decision to delete the emails and wipe her server clean, after she was aware that the emails had been subpoenaed by the Committee.

On March 19, 2015, the Committee asked former Secretary of State Hillary Clinton to provide her personal email server to the Inspector General for the State Department to ensure the full record of her tenure as Secretary was preserved,” wrote Gowdy.

Gowdy explained that Clinton’s refusal to allow the Inspector General to ensure that the public record was complete is “not only disappointing but portends to delay the ability of our Committee to complete its work as expeditiously as possible.”

Toward that end and because of the Secretary’s unique arrangement with herself as it relates to public records during and after her tenure as Secretary of State, this Committee is left with no alternative but to request Secretary Clinton appear before this Committee for a transcribed interview to better understand decisions the Secretary made relevant to the creation, maintenance, retention, and ultimately deletion of public records,” wrote Gowdy. “The Committee is willing to schedule the interview at a time convenient for Secretary Clinton, but no later than May 1, 2015.”

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Judge Andrew Napolitano, the Senior Judicial Analyst for Fox News, said that Clinton will only be in legal trouble for deleting the emails, if there is a federal prosecutor who has the courage to pursue a case against her.

Napolitano pointed out that not only has Clinton admitted she diverted government records from the government, she has also admitted that she put classified information in a non-classified venue, which is the same crime General David Petraeus committed.

She was so good at this, she could have taught Richard Nixon some lessons,” Napolitano said. “First, she diverted all of her emails to her husband’s server, and then when she found out they all were subpoenaed, she destroyed the ones, by cleaning the server, that she didn’t want everyone else to see.”

Looking at whether or not, Clinton will be prosecuted for “obstruction of justice,” Napolitano said that it all depends on whether there is a prosecutor with the courage to pursue a case against her.

She now has admitted to destroying subpoenaed evidence after she was on notice of the existence of the subpoena,” Napolitano said. “That’s known as obstruction of justice as well of the destruction of the documents, but none of her crimes will get to first base in terms of prosecution, without a prosecutor to pursue them.”

Napolitano said that if the Republicans continue to emphasize the now “20-year-long perception that the Clintons believe they’re above the law,” it could become a serious problems for Clinton if she runs for President in 2016.

Posing the question to President Obama, Napolitano said, “Why aren’t you having your prosecutors prosecute her? You went after General Petraeus for having some documents in a desk drawer. She destroyed evidence after it was subpoenaed!

In his letter requesting a transcribed interview with Clinton, Gowdy said that while she has provided some answers for why she did what she did, there are still many questions that remain unanswered, such as why she decided to bypass an official government email account, why she chose to retain email records upon separation from the Department of State, and why she decided to delete the emails.

We continue to believe Secretary Clinton’s email arrangement with herself is highly unusual, if not unprecedented,” Gowdy wrote. “The decision to delete these records during the pendency of a congressional investigation only exacerbates our need to better understand what the Secretary did, when she did it, and why she did it.  While she has cited a variety of justifications for this arrangement, many questions and details about the arrangement remain unanswered.”

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