Fox News legal analyst Judge Andrew Napolitano broke down the upcoming investigation into former Secretary of State Hillary Clinton, the FBI and the Foreign Intelligence Surveillance Court, on “Fox & Friends” Tuesday, and expects subpoenas to start flying.
Attorney General Jeff Sessions announced John Huber, the U.S. attorney in Utah, will be investigating Clinton along with the FBI and the Department of Justice for their role in spying on President Donald Trump during the 2016 election.
“The attorney general appoints the chief federal prosecutor for Utah to investigate three things,” Napolitano said. “The exoneration of Mrs. Clinton before all the evidence was in. The exoneration of President Clinton and Secretary Clinton on Uranium One before all the evidence was in and the abuse of FISA by the FBI and the DOJ.”
Napolitano called Huber a “de facto special counsel” and expects him to convene a grand jury to begin issuing subpoenas.
“So this guy is in Utah. If he comes to Washington, D.C., and gets a half-dozen federal prosecutors assigned to him and a dozen or so FBI agents assigned to you him — He is a de facto special counsel. He’s doing what needs to be done,” Napolitano said. “He’ll impanel a grand jury. They’ll present evidence to the grand jury. The grand jury will issue subpoenas. If the subpoenas don’t work, he’ll go to a federal judge and get a search warrant.”
Napolitano thinks Huber must make the trip the D.C. to be effective, because his power would be limited if he remains in Utah.
“If he stays in Utah. He cannot impanel a grand jury in Utah to examine something that happened in D.C.,” Napolitano said. “All the evidence is in D.C. You’re examining NSA, FBI, DOJ, present and past. The Utah grand jury does not have jurisdiction over events in D.C.”
“He will be toothless if he stays in Utah,” Napolitano concluded. “I’ve never heard of an effective criminal prosecution without a grand jury. You present evidence to the grand jury. You get the grand jury to issue a subpoena.”
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