Minutes After Catherine Herridge Supports Trump’s Claim Of “Collusion” In DOJ Investigation, Andrew Napolitano Explains That She And Trump Are Wrong
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Fox News judicial analyst Andrew Napolitano debunked Republican presidential nominee Donald Trump’s claim that a stolen email from a Clinton campaign staffer showed “collusion” in the Justice Department’s investigation into Clinton’s use of private email during her time as secretary of state, just minutes after Fox’s chief intelligence correspondent Catherine Herridge supported Trump’s claim.
After an NBC News reporter drew attention to stolen emails belonging to Clinton campaign press secretary Brian Fallon, which were released by WikiLeaks, Trump’s campaign charged that one of the emails “reveals ‘collusion’ between Hillary Clinton’s campaign and the Justice Department that tainted the criminal investigation into Clinton’s private email set-up.” The email in question, dated May 19, 2015, states: "DOJ folks inform me there is a status hearing in this case this morning, so we could have a window into the judge's thinking about this proposed production schedule as quickly as today." As Politico explained about an hour before the Fox segments, Fallon’s message “predates that probe.”
Despite the impossibility of the Trump campaign’s claim, Fox’s Herridge repeated the claim. Appearing on Your World, Herridge said, “[T]here's another hacked email that shows former Justice Department staffer Brian Fallon, who is now a senior member of the Clinton campaign team, was working with his former Justice Department colleagues about an upcoming hearing in the email investigation.” She continued, “Trump's campaign called it collusion and wants all the communications to be released from the Clinton campaign. That's obviously not realistic, but for a point of context, at the height of the email investigation, any kind of communication between the Clinton campaign operatives and the Justice Department was clearly inappropriate by either side.”
But just six minutes after Herridge’s irresponsible and erroneous assertions about that email, Fox’s Napolitano explained that both she and Trump were wrong:
ANDREW NAPOLITANO: You know, the email that we're talking about has to do with the Freedom of Information Act cases, and not with the criminal investigation. If Donald Trump's allegation were true, and the Justice Department had been tipping off the Clinton campaign about the criminal investigation of Mrs. Clinton, that tip itself would be a crime, but that's not what the emails that Catherine Herridge was referencing reveal. In fact, those emails were about the Freedom of Information Act cases, which are civil cases, which anyone can get access to. So I don't see the impropriety here that Trump is concerned about.
Herridge made sure to note the date of Fallon’s email, but she neglected to inform Fox’s audience that the email was sent two months before the FBI’s investigation began -- making her concern about improper communications in support of the Trump campaign’s claim completely baseless. Herridge has a long history of getting details of the investigation into Clinton’s use of email wrong, thanks to her tendency to rely on anonymous sources that end up burning her.