PETE HEGSETH (HOST): So could Hillary Clinton's email scandal just be the tip of the iceberg ahead of more Capitol Hill hearings this week? Well, let's ask Fox News senior judicial analyst Judge Andrew Napolitano who's been all over this story. So we got some resolution on the email scandal from [FBI Director James] Comey, kind of sort of. What do we see coming down the pike here?
ANDREW NAPOLITANO: There are three investigations of Mrs. Clinton right now. One has not yet started. The one that has not yet started, but has been referred the Congress, is her lying to the Congress and misleading the Congress. And the evidence for that came out of Director Comey’s mouth when he held his press conference last week. He went through five things that she said in public and to the Congress, and he contradicted all of them. So when you’re before the Congress, it's a crime to lie. It’s also a crime to mislead. Mislead is defined as creating a false impression. And it is clear that she did that, but it's the beginning stages of the investigation. Secondly, she certified under oath and in writing to a federal judge in a Freedom of Information Act case that she had surrendered all of her emails to the State Department. We know from Director Comey that the FBI found thousands of work-related emails that she didn't surrender, many of which she tried to destroy. But the big one though, the one that you lead with in the introduction, the one that Director Comey quite properly did not want to discuss, the FBI has an internal rule against discussing publicly investigations that are going on, is the one about the Clinton Foundation. Now, it's very, very large and it's very complex, but reduced to its essence it is -- these are the allegations, they are just allegations: that Mrs. Clinton, when she was secretary of state, made decisions for foreign nationals and foreign governments using the authority given to her by the federal law, and as a result of those decisions, huge, I mean enormous contributions were made to the Clinton Foundation. The largest of these, $145 million, and it involved Mrs. Clinton allowing a Canadian to buy shares in a uranium mine in Utah, which he promptly turned around and sold to the Russians, who could never have bought it on their own. So when Director Comey says I don't want to talk about it, it's ongoing. They are deep into it. But he quite properly is refusing to discuss it.
HEGSETH: So ongoing. Are we talking a matter of weeks, months? What do you know about timing, which is obviously important at this point.
NAPOLITANO: It is important. And it's -- I don't know the answer to that, but I do believe that the FBI wants to resolve these things as quickly as they could. I was on vacation last week, I had no idea this stuff was going to pop then. All of a sudden he shows up and says, she was extremely careless, but not criminal. The next thing you know, the FBI historians are going to say John Wilkes Booth was extremely careless in Ford’s Theatre. I mean this is absurd. But that's the conclusion that they came to.
