Fox hosts repackaged old debunked smears and made several dubious claims about former Secretary of State Hillary Clinton's use of a private email system while discussing an agreement between the State Department and the conservative activist organization Judicial Watch, allowing the group to interview former Clinton aides regarding her server. Host Steve Doocy and Fox senior judicial analyst Andrew Napolitano repeatedly claimed the probe is a “criminal case,” even though the FBI has not said it is a criminal probe and several legal experts have explained that “there is clearly no evidence of any crime.” Napolitano and the co-hosts also claimed that the agreement would not allow Bryan Pagliano, who set up Clinton's sever, to take the Fifth Amendment, but Politico noted that he in fact could by citing the ongoing FBI investigation. In addition, they dismissed comparisons of Clinton’s email use to former Secretary of State Colin Powell's use of private email, despite the State Department determining his private email also contained now-classified information. From the April 18 edition of Fox News' Fox & Friends:

BRIAN KILMEADE (HOST): Hillary Clinton continuing to defend herself in the ongoing probe into her private email server.

[...]

STEVE DOOCY (HOST): But the FBI showing its hand this weekend, unveiling its secret weapon in the case. A judge allowing Judicial Watch to interview some of Clinton's aides, including Huma Abedin and Cheryl Mills and Bryan Pagliano. And that's a big deal.

AINSLEY EARHARDT (HOST): Here to explain why, Fox News senior judicial analyst Judge Andrew Napolitano. OK, Judge, why is this such a big deal?

ANDREW NAPOLITANO: Well, at the same time the FBI is the investigating Mrs. Clinton for taking all of her emails, including those that contained state secrets, off the government server and putting it onto her own, the State Department is being sued by Judicial Watch. That’s 38 lawsuits, but two are relevant here, because the two that are relevant here -- two separate judges ordered her aides, the same people that the FBI wants in the criminal case, to testify in the Freedom ofInformation Act case. What does that mean? That means that two judges have already found that there was a conspiracy in the office of the the secretary of state, Mrs. Clinton when she was secretary of state, to avoid and evade federal law. And these federal judges want to find out about it. So the testimony in the civil case is compelled. The interviews in the criminal case is voluntary, but whatever they say under oath in the civil case can be used against them by the FBI when they interrogate them in the criminal case.

DOOCY: And what’s interesting about this is, we famously saw a number of months back that Bryan Pagliano, the fellow who set up email server, he kept taking the Fifth. Can he take the Fifth this time, can any of them?

KILMEADE: Now he's gotten immunity


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