RUDY GIULIANI STATEMENT ON THE FBI NOTES OF HILLARY CLINTON INTERVIEW

The notes released from Hillary Clinton’s FBI interview make it abundantly clear that she was not only extremely careless in her handling of top secret and confidential government information, but acted intentionally and with criminal intent. The strongest evidence of criminal intent is destruction of possibly relevant information and making false exculpatory statements whether they are under oath or not. This is the evidence prosecutors traditionally rely on to prove criminal intent since it is never possible to look into a person’s mind and determine what they are thinking. Their actions prove their intent.

The FBI notes make it clear that Hillary Clinton repeatedly stated that her use of a private email and server was approved by the State Department. Her statement to the FBI during the interview over Memorial Day weekend demonstrated that she was lying.

She told the FBI she never “explicitly requested permission to use a private server or email address.” This contradiction of her prior statements is classic textbook admissible evidence from which any judge or jury can conclude she acted with criminal intent.

In addition, she also repeatedly lied about not transmitting any classified information on her private email account. So far, over 2,000 transmissions have been uncovered which contain information classified from Confidential to Top Secret/Special Access Program information. Some of the communications are so top secret that they have been redacted because they contain sensitive information that will jeopardize confidential informants or information-gathering techniques. All of this evidence would be admissible in proving criminal intent.

Beyond this powerful evidence of criminal intent is the way in which she deleted the 33,000 or so emails which she claims are boring and personal. The servers containing the emails was not only erased by merely deleting the email, but expensive BleachBit software was used to do it. This software is very expensive and is used by criminals seeking to hide evidence from law enforcement. This made it much more difficult or impossible to recapture. They even went so far as to destroy her old mobile devices by smashing them with a hammer and cutting it in half again, another typical method criminals use to destroy incriminating evidence.

Moreover, she incredibly claimed that she did not know that the signal “©” meant confidential information, but instead thought it “was referring to paragraphs marked in alphabetical order.” This evidence leads to one of two conclusions. Either she was the dumbest Secretary of State in American history or a bald-faced liar. If it’s the former, there is a serious question she may get the nuclear codes confused if she were ever President. If it’s the latter she should be prosecuted for the same crime as Martha Stewart by making a false statement to the FBI in violation of 18 U.S. Code section 1001.

The combination of these numerous false exculpatory statements and the great lengths to which she and her staff went to destroy evidence, which we now know contained classified information, demands that the FBI and Justice Department reopen this case and present it to a Federal Grand Jury.

I have personally prosecuted and supervised the prosecution of thousands of federal cases from the simplest to the most complex. I have rarely, if ever, encountered a case with more overwhelming evidence of criminal intent.

The evidence makes it clear that rather than being a case no reasonable prosecutor would bring, this is a case that any ethical prosecutor applying the “no one is above the law” standard would be required to prosecute to the full extent of the law.

To say that there has never been a case like this before is actually saying there has never been such a case of such a brazen, intentional, long-term and highly calculated attempt to obstruct justice and certainly no case that intentionally exposed (applying the time honored legal definition of criminal intent) top secret and highly confidential information for our enemies to easily hack.

Rudolph W. Giuliani
Former Associate Attorney of the United States
Former United States Attorney for the Southern District of New York
Former Mayor of New York City