Fox News legal analyst Judge Andrew Napolitano said Monday that former Attorney General Loretta Lynch could face a lengthy prison term if found guilty of “misconduct in office” for intervening in the FBI’s criminal investigation of Hillary Clinton’s private email server.
Former FBI Director James Comey testified under oath to the Senate Judiciary Committee earlier this month that while his bureau was in the midst of their investigation into Clinton, Lynch, who at the time was the attorney general, instructed him to publicly refer to the Clinton investigation as a “matter” instead of an investigation.
According to Napolitano, whose comments came on Fox Business, that "terminology may be indicative of a mindset on the part of Attorney General Lynch that she was going to do whatever she could to prevent Mrs. Clinton from getting indicted."
"There is enough evidence here, just on the basis of the little snippets given to the Senate Intelligence Committee by former FBI Director Jim Comey, that Mrs. Lynch was either conflicted or working at odds with the Justice Department and in behalf of Mrs. Clinton's campaign and the DNC when she told them to use different terminology for the investigation,” Napolitano explained.
Comey admitted to the Senate Judiciary Committee that Lynch’s request made him feel “queasy.” Lynch’s request also led to one of Comey’s closest aides to quip that he was now the director of the “federal bureau of matters,” according to earlier reports.
Senate Judiciary Committee chairman Chuck Grassley (R-Iowa) released a letter Friday stating that Lynch is now a focus of their investigation over concerns she may have impeded the FBI’s Clinton investigation.
It is also alleged that Lynch was in contact with then-Democratic National Committee chairwoman Rep. Debbie Wasserman Schultz (D-Fla.) to improperly discuss the FBI’s investigation of Clinton. If such a document exists, Napolitano said it would amount to “misconduct in office."
"It is alleged, this document has not seen the light of day if it exists, that there is one or several emails between Debbie Wasserman Schultz and Loretta Lynch concerning the behavior that Loretta Lynch will take to further the DNC interests while Mrs. Lynch was the attorney general,” Napolitano explained. “That, if it happened, would be misconduct in office."
“It’s a felony,” he said. “Depending on what they charge her with, it could be five or 10 years in jail. It’s very serious. It’s the equivalent of obstruction of justice."
It’s not clear when Lynch will be called to testify before the Senate Judiciary Committee, or if she is at all. But Napolitano said that Attorney General Jeff Sessions could initiate a separate DOJ investigation to uncover whether or not Lynch committed obstruction of justice or if her behavior amounted to misconduct in office.