07/02/15 – Andrew Napolitano – The Scott Horton Show

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All right, you guys.
Welcome back to the show.
I'm Scott Horton.
It's my show, Scott Horton Show, here live on the Liberty Radio Network from noon to two Eastern time, lrn.fm.
And our next guest on the show today is Judge Andrew Napolitano from Fox News.
And we're very glad to finally have you on the show, Judge.
Welcome.
Pleasure to be back with you, Scott.
All the best to you, my friend.
Yeah.
It's good that I can return the favor.
You interviewed me on your TV show back a couple of times in 2010 and 11 about WikiLeaks and about actually opposition to the war in Libya back when it happened.
And boy, do you have a scoop along those lines in your syndicated column this week.
It's running at lourockwell.com today and at antiwar.com as well.
And it's called Hillary's Secret War.
And it's about some of the paperwork that you guys got ahold of in relation to the Hillary Clinton emails.
Is that right?
Yeah.
This is really a fascinating treasure trove.
And it began long before we even knew anything about her emails.
One of my colleagues, who's the senior executive producer and chief investigative producer around here by the name of Pamela Brown, stumbled upon an arms dealer who was indicted by the federal government for selling arms to Qatar without a license, even though, in fact, he did have the license and it was given by both the State Department and the Treasury Department.
And he was willing to go on camera and he did for many, many hours.
And in the course of that interview, and this is all substantiated by affidavits that he signed in the criminal case, as well as emails that he produced.
In the course of that interview, he revealed what a lot of people have been hinting about and whispering about and suspecting for a while.
And that is a cabal between President Obama, then Secretary of State Hillary Clinton, and about 10 or 11 members of Congress, certain people in the West Wing, the Treasury Department, the State Department, Justice Department, and the CIA to funnel American arms to rebels in Syria in the hopes that they would topple President Assad and in Libya in the hopes that they would.
And as we know, they did along with NATO's immoral and unlawful and unconstitutional bombs topple Colonel Qaddafi.
Unfortunately for Mrs. Clinton and company, she was not very careful about the rebel groups to whom the arms were distributed.
So the scheme worked like this legitimate, lawful, fair market value sales of billions of dollars worth of arms from American arms dealers to the government of Qatar, then at the instruction of the State Department, the distribution of these arms, some for value, some for barter, some for free, to a variety of rebel groups and terrorist organizations, all of which are sworn enemies of the United States and are on the State Department's list.
So how could the same State Department that bans the sales of these goods also authorize them?
Well, there we get to a Secretary of State who was running a secret State Department within the State Department, and running a secret war that was even kept from the Pentagon and from about 95% of the members of Congress.
Things began to unravel when some of the arms that she caused to be sold ended up in the hands of people who assassinated the U.S. Ambassador Chris Stevens to Libya and three of his colleagues who were there to protect him.
Now, it is a criminal offense for anybody, whether the President of the United States or a disaffected ISIS wannabe in Minnesota, to provide material assistance to a government, to a terrorist organization.
The Justice Department under President Bush and President Obama have prosecuted people for conspiring to do that and for attempting to do it.
Well, this was beyond a conspiracy and an attempt.
This was the actual successful delivery of material assistance to terrorist organizations under color of law in such a way that many people benefited financially along the way.
Now, to be specific there, are you saying that even if Obama signed a presidential finding ordering the CIA to engage in this operation and to create this system of plausible deniability where we'll funnel the guns through Qatar in order to clean them up, to launder them before we send them to the Mujahideen in Libya, if that was official policy, you're saying it's still criminal and against the law as long as the law says that if they're on the terrorist list, you cannot do that?
Absolutely.
I mean, the President can't.
One of the reasons we fought a war against King George III, the President can't exempt himself from the law.
I mean, and he is exposed to prosecution once he leaves office, as she is exposed to prosecution now.
I even, with a little bit of whimsy, opine that one of the reasons in this column that she wants to become President is so that she can pardon herself, which said the pardoning power is absolute.
And though no President, as far as we know, has ever pardoned himself, it probably would be lawful and constitutional.
But beyond her material assistance, the terrorist organizations, was her material misleading of Congress under oath before the Senate Armed Services Committee.
Now, I'm going to tell you something that's not in the column.
The Chairman of the Senate Armed Services Committee presiding over the hearing at the time she was interrogated by Senator Rand Paul when she lied to him, is one of the conspirators in this scheme.
And so he knew what the truthful answers were, and he didn't say a word.
I don't know what Senator Rand Paul knew at the time he asked the questions.
I don't know if he just stumbled upon something and asked the right question, or if he really knew the background that we have since discovered.
But he basically said, did you in any way, I'm paraphrasing now, facilitate the delivery of U.S. arms to countries and groups, terrorist or otherwise, in the Middle East?
And she denied knowledge of it.
That was a blatant and outright lie.
She and her political designee in the State Department approved the thousands of deliveries, literally thousands, they issued over 86,000 licenses in this time period, we're talking about 2009 to 2012, and billions, billions of dollars worth of equipment.
There's some dispute about whether she was under oath when she made this statement.
Often members of the president's cabinet are not required to take the oath because they don't wanna be seen with their hand up like mobsters used to when they had the Kefauver hearings in the 50s.
Doesn't matter under the law.
The crime for misleading Congress is the same crime as perjury.
The punishment is the same, it's five years per lie.
As we know, the famous baseball pitcher Roger Clemens was prosecuted for lying to Congress when he was not under oath.
And she could have said, well, that's not exactly right, but we'll have to go to closed session for me to explain to you why you're wrong, but she chose to not do that, to affirm it in her life.
The chairman of the committee chose not to correct her, so like often happens when the witness is collaborating with either the interrogator, not the case here because it's Rand Paul, or the chair of the committee was the case here.
There was no correction, so she knew the truth, the chair of the committee knew the truth, Senator Paul didn't know the truth, but suspected the truth, and she chose to let the lie stay out there.
I don't know if she'll ever be prosecuted, but the public has the right to know this because she's holding herself out as the likely Democratic nominee for president.
Well, and it's interesting because on the right, mostly Benghazi itself and the lack of security and the lack of rescue and this kind of thing has been the big scandal, but of course it's in the context, as you're describing, of a war that America fought for its enemies, for the Libyan Islamic Fighting Group and Ansar al-Sharia, who are basically, I think according to the State Department, the Libyan veterans of Al-Qaeda in Iraq, who had come home from Iraq War II, back to Libya to overthrow Gaddafi.
Absolutely, and look, the Libyan result is a catastrophe, chaos, murder, mayhem, no government order whatsoever, a country run by mobs and gangs and tribes and militia.
I'm going to give her the benefit of the doubt, I don't think she intended for this to happen, but she caused it to happen.
People are presumed to intend the natural and probable consequences of their behavior.
Was there a congressional declaration of war?
Of course not.
Was there a congressional vote, some sort of a less than declaration of war, but authorization nevertheless, like George W. Bush got in October of 01?
No.
Is there any statute under which she and the president can do this?
No.
Is there any outrage on the part of the 95% of Congress that didn't know about this silence?
All right, y'all, that's the great Judge Andrew Napolitano from Fox News.
First time I've ever had him on the show, I'm glad I finally did have you on.
Thank you, Judge.
All the best, Scott.
All right, check out his spotlight today on AntiWar.com, Hillary's secret war.
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