Judge Andrew Napolitano and Congressman Trey Gowdy both appeared on The Kelly File Monday night to talk about Hillary Clinton’s email scandal.
Megyn Kelly asked Napolitano to weigh in on Obama’s take on the controversy.
“I’m glad that Hillary’s instructed that those emails that had to do with official business need to be disclosed,” Obama told CBS News’ Bill Plante over the weekend.
“Apparently the president has the same misunderstanding of federal law that his former secretary of state does,” Napolitano quipped.
He went on to explain the federal statute that says documents and records by high-ranking officials belong to the government. “A former official can ask the government for personal documents back, but Clinton did the opposite,” Napolitano said.
“She retained and concealed 100 percent of the documents with which she dealt while she was secretary of state in 48 months. She decided what was governmental and kept what she didn’t want to reveal,” he continued.
Kelly announced that Hillary will be addressing the email scandal within the next 48 hours. The forum has yet to be disclosed, but it is a safe bet that it will be hermetically sealed event with only friendly reporters allowed in with pre-approved questions.
Congressman Trey Gowdy, Chairman of the House Select Committee on Benghazi came on next to talk about the State Department’s unimpressive reaction to HillaryGate.
“They’re not going to go back and look for responsive documents to subpoenas, to litigation inquiries, to FOIA requests, Kelly noted, after showing a clip of State Dept. Deputy Press Sec. Marie Harf telling a reporter that they have no plans to find documents that have been requested retroactively. “If you asked prior to the date Hillary’s 55,000 pages were turned over – a week ago, or two weeks ago – you’re out of luck.”
“Well, the State Department is not going to get to be the final arbiter of that,” Gowdy drawled. “I have lost confidence for a myriad of reasons – not the least of which – they missed every single opportunity over the past six months to tell us that not only did she not have an official email account. They didn’t even have her records. You would think that that would come up in all the conversations that we had with the State Department. Which is precisely why they are not the neutral, third-party arbiter that I would recommend.”
Gowdy then went on to describe the run-around he got from State, Hillary, and her lawyer, last summer when it was first disclosed that some of her emails were on her personal account. Gowdy was stonewalled for months as he kept pressing for the rest of them. It wasn’t until the day before the NYTs story broke that he found out that she did not have an official email account.
Gowdy wants a neutral arbiter – “a federal judge, archiver, or inspector general” to take charge of getting the info he seeks from her server.
Hillary Clinton will hold a press conference Tuesday afternoon to address the revelation of her exclusive use of a personal email account and private server to conduct State Department business while Secretary of State.
MSNBC’s Clinton beat reporter Alex Seitz-Wald confirmed the presser. The start time is unknown, but Mediaite will link to a livestream when it becomes available: