Fox News' Judge Napolitano Explains Why Benghazi Lawsuit Is Political Stunt

Patricia Smith and Charles Woods, two parents who lost their loved ones during the Benghazi attack have sued Hillary Clinton for wrongful death and defamation of character.

We've all seen the pain Patricia Smith feels, especially after she gave a passionate speech at the RNC, blaming Hillary for her son's death.

And the lawyer filing the suit is none other than D.C., lawyer Larry Klayman, who has been attacking and suing the Clintons for decades.

The Southern Poverty Law Center describes Klayman like this:

Larry Klayman is a pathologically litigious attorney and professional gadfly notorious for suing everyone from Iran’s Supreme Leader to his own mother. He has spent years denouncing Barack Obama as a crypto-Communist Muslim, convening meaningless “citizens grand juries,” and railing against an endless list of enemies.

You may remember some of Klayman's crazed antics when he demanded that President Obama lay down his Koran and surrender and suggested the military overthrow the government.

While the ladies of Fox News' "Outnumbered" are salivating over the lawsuit, Judge Napolitano joined Steve Doocey, host of Fox and Friends and explained why this case will go nowhere because they have no real standing and is political in nature.

Doocey opened up the segment by saying, "I thought federal employees were given personal immunity when it comes to dealing with things like this?"

Napolitano replied, "They are as long as any official of the federal government behaves within the authority given to that official; the president of the United States, in this case the SOS. They are not personally liable for the unforeseen or even the intended consequences of their behavior. "

And then the judge dropped the hammer, "There's exceptions to this, none of which seem to apply here."

Judge Napolitano called Klayman a litigious gadfly and said this was another one of his crazy lawsuits.

Doocey admitted that this a stunt "to inflict as much political damage onto Hillary Clinton as they possibly could."

The Benghazi swiftboating has begun.

Here's the transcript:


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ANDREW NAPOLITANO: Quite frankly, I don't think either parts of this lawsuit are going to go -- they're certainly not going to go anywhere during the election campaign.

DOOCY: Not before November.

NAPOLITANO: Judges will not rule on something like this during the campaign and they don't like to rule on cases like this at all because they view them as essentially political. If you don't like Hillary, go on television and tell everybody why you don't like her. Don't bother the judicial system. That would be the attitude of most federal judges.

DOOCY: OK, so if a judge would not address this until after the election, this is obviously just to inflict as much political damage onto Hillary Clinton as they possibly could.

NAPOLITANO: The lawyer here who a lot of us know Larry Klayman is a real gadfly who has been driving Hillary and folks who agree with her crazy with lawsuits for many years. And this is just another one of them.

UPDATED: Fox News Reports Benghazi Suit Likely To Be Dismissed:

JARRETT: No, let's take wrongful death for example. It really is unprovable.

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You know that's equally difficult. Defamation is a false statement that damages somebody's good name and reputation. While Hillary Clinton says, "I never lied to them about it and other parents who were there and heard the conversations backed me up" and truth is a defense to defamation. Second of all, whatever explanation she gave for the cause of the Benghazi attack was likely her opinion. Opinion is protected free speech in a defamation case. And finally the plaintiff's claim, "Well, she she implied that they were lying." Implying that somebody is lying, that doesn't cut it in a court of law.

At some point in time the defense will make a motion to dismiss and unless you can get over all these hurdles I've identified for defamation in wrongful death, you know that case is likely going to get dismissed by a federal judge.

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