Attorney: An Attorney General Giuliani Could Absolutely Prosecute Hillary Clinton



WHITFIELD: “Let’s bring in our legal guys. Avery freedman, law professor in Cleveland. Good to see you.”


WHITFIELD: “A New York criminal defense attorney and law professor, joining us from Las Vegas. Good to see you as well.”

HERMAN: “Hi, Fred.”

WHITFIELD: “It has been too long since the three of us have been together. Let’s maximize the moment. Okay, so the president elect, Donald Trump, if he indeed goes after Clinton, can he, Richard, do it through his attorney general and point a special prosecute, despite the fact that Jim Comey said the investigation is over?”

HERMAN: “Well, Fred, couple of things. Let’s just step back for a second. Donald Trump is a new Yorker his entire life, basically a democratic his entire life. He filled the campaigns with a lot of rhetoric and a lot of scary language. But at the end of the day, as you see now, 15 minute meeting – turn would into 90 minutes with President Obama, now he is not going to repeal all of Obama care. Now, maybe not going to build a whole wall or partial wall. We’re not sure.”

WHITFIELD: “What’s the answer, though? What’s the answer?”

HERMAN: “During the campaign, we head over and over again, lock her up. I don’t think Donald Trump wants Hillary Clinton prosecuted. However, if he appoints an attorney general, like Rudy Giuliani, who has stated unequivocally he will prosecute Hillary Clinton and others, perhaps Bill, Chelsea, Podesta.”

WHITFIELD: “All right.”

HERMAN: “If that happens, if that happens, she has got to get a pardon from President Obama.”

WHITFIELD: “Can you do that, preemptively? Get a pardon —“

HERMAN: “Sure you can.”

WHITFIELD: “Yes, okay.”


WHITFIELD: “Okay, so if it is not Rudy Giuliani who we’re nominating, then, Richard, an attorney general, is it realistic to think that one could pursue prosecuting Hillary Clinton, even though the FBI Comey has weighed in?”

HERMAN: “Fred, your earlier question —“

WHITFIELD: “—He would still, conceivably have that job, Comey.”

“Yes. Your question, can president — can president trump, I couldn’t even say it, can he direct a special prosecutor, the answer to that is no. But can the attorney general, whoever the new attorney general is, appoint a special prosecutor or himself prosecute.

“By the urging of a president, uh-huh.”

HERMAN: “The answer to that is yes, Fred, yes. The areas that Giuliani said there are 15 crimes he thought he saw. There are a couple of areas that are a little sensitive, and use of the private e-mail server, that’s an issue, Fred. It is definitely an issue. Alla Martha Stewart, that’s also a problematic. When you have a subpoena to turn over records and the records are somehow destroyed under you or people in your control. That’s a problem, Fred. And then the Clinton Foundation, I don’t know what’s going on there. But potentially, potentially, that’s a problem. The bottom line here, it is crystal clear, just like Gerald Ford, President Obama must issue a pardon, so this country can move forward.”

WHITFIELD: “All right, time is up. You all are amazing. Thank you so much. Avery, Richard. Glad to be back together again. We’ll be right back.

FRIEDMAN: “We missed you.”

HERMAN: “I missed you. All right, bye-bye.”

WHITFIELD: “We’ll be back.”

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