Judge Andrew Napolitano stated, “if she [Hillary Clinton] told the truth and the statement she signed on Friday, ‘I turned over all copies of the e-mails’ was accurate then, she no longer has the server.”
Napolitano appeared on Fox News’ “The Kelly File” Monday, where he said, “if she [Hillary Clinton] still has the server, then her statement violates the law because it is untruthful. Because the server has copies of the e-mails on it and she didn’t turn over all copies of the email.”
Megyn Kelly: I want to shift gears, because Hillary Clinton did something extraordinary. She actually signed the certification under penalty of perjury that she turned over federal records, that documents that either were or potentially were federal records to the State Department.
Andrew Napolitano: She turned over all, that’s the significant word here. That’s the operative world.
Kelly: She said she did it.
Napolitano: All, all the records in her possession. So there are two things to watch for here. One, she was ordered to do this under penalty of perjury. When a judge says that to a litigant or someone related to a litigant, she is the former secretary of state. He is basically saying, ‘I don’t believe you. I have to remind to you tell the truth.’
Kelly: Prove it.
Napolitano: Two, if she told the truth and the statement she signed Friday, ‘I turned over all copies of the e-mails.’ What does that mean? She no longer has the server.
Kelly: Hmm.
Napolitano: And if she no longer has the server, where is it? Did she knowingly rid herself of the server? And if she still has the server, then her statement violates the law because it is untruthful. Because the server has copies of the e-mails on it and she didn’t turn over all copies of the email. So this federal judge has to dig a little deeper.
Kelly: Her representative says that she will speak to the server when she gives her testimony before the Benghazi Committee. So eventually within the next couple of months, we should get an answer to that.
Napolitano: She may be speaking to the server before a judge appointed by her husband sooner than that.