Appearing as a guest on Wednesday's New Day on CNN, during a discussion of Hillary Clinton's presidential campaign, former New York Mayor Rudy Giuliani asserted that he would "have her under investigation for about five different crimes right now," and that it is "outrageous that the Justice Department is not moving forward with this."
Calling it a "true criminal case againt Hillary Clinton," he further argued that the destruction of the drive which contained 34,000 emails, some of which were government-related, constituted "obstruction of justice" and could be viewed by a court as an "inference of guilt."
After criticizing Hillary Clinton's recent attempts to dodge questions about the Keystone XL oil pipeline, recounting that there is a "growing majority of people who feel she's dishonest," the New York Republican took aim at the ethics of her time in office:
I believe she should be under an investigation by the United States Attorney for the Southern District of New York for obstruction of justice, for destroying government property. I think it's clear that she had a conflict of interest. Her husband getting hundreds of millions of dollars. She's making decisions about companies and about corporations that he's getting money from. And they -- I think they file a joint tax return.
Giuliani, a former prosecutor, added:
I'd have her under investigation for about five different crimes right now. And I think it's outrageous that the Justice Department is not moving forward with this. General Petraeus, a lot of other people have gone to jail-
After substitute co-host John Berman jumped in to push back that Giuliani had supported leniency for General David Petraeus, the former New York mayor continued:
Petraeus gave away one or two little things. She destroyed a drive with 34,000 emails on it. First of all, in a trial court, I could argue to a jury that that's an inference of guilt. If you are under investigation and you destroy evidence-
Berman jumped in, adding the term "Adverse inference."
The New York Republican continued:
Adverse inference argued to a jury, a judge will charge a jury that a jury can assume that she destroyed that drive because it contained evidence about Benghazi. A judge can charge a jury that. Same thing with Brady if you want to get to the other stuff. His problem is getting rid of the darn phone. The commissioner had a right to draw the inference. He got rid if it because it contained things that would hurt him with regard to this investigation.
Giuliani concluded:
He has a right to argue, "I did it for other reasons." But this is a true criminal case against Hillary Clinton -- 34,000 emails destroyed. The minute you use that phone as a personal and a government phone, it becomes a government phone. You no longer have a right to pick and choose what you're going to let the government see.
Below is a transcript of the relevant portion of the Wednesday, July 29, New Day on CNN from about 7:12 a.m.:
JOHN BERMAN: Hillary Clinton is in a bit of a bind on the issue of the Keystone oil pipeline .She's been pressed by Democratic activists as she's gone to town meetings, particularly in New Hampshire, about her support for the pipeline. And she won't say whether she supports it or not. And her reason is, well, because she was part of the administration that put this all in motion. She doesn't feel like she should weigh in now until it's decided.
RUDY GIULIANI: You can't run on your accomplishments of being Secretary of State -- and personally, as a Republican, I can't find any -- I'm sure she's going to find something. But you can't run on your accomplishments as Secretary of State and not take a position on the Keystone pipeline. I mean, this is absurd. This is like playing a game with the American people. And I think it is feeding into this very growing majority of people who feel she's dishonest.
I believe she should be under an investigation by the United States Attorney for the Southern District of New York for obstruction of justice, for destroying government property. I think it's clear that she had a conflict of interest. Her husband getting hundreds of millions of dollars. She's making decisions about companies and about corporations that he's getting money from. And they -- I think they file a joint tax return.
I'd have her under investigation for about five different crimes right now. And I think it's outrageous that the Justice Department is not moving forward with this. General Petraeus, a lot of other people have gone to jail-
BERMAN: Well, you didn't support the Petraeus decision, did you?
GIULIANI: Pardon me?
BERMAN: You didn't -- did you support the Petraeus decision?
GIULIANI: I would have let Petraeus off the hook.
BERMAN: Right, so you're saying you would have let him off the hook but not Hillary Clinton?
GIULIANI: Hillary Clinton -- there are five different acts that we're talking about.
BERMAN: But you were just saying you wanted to take a wide line on Hillary Clinton, but on Petraeus you want to let him off.
GIULIANI: Petraeus gave away one or two little things. She destroyed a drive with 34,000 emails on it. First of all, in a trial court, I could argue to a jury that that's an inference of guilt. If you are under investigation and you destroy evidence-
BERMAN: Adverse inference.
GIULIANI: Adverse inference argued to a jury, a judge will charge a jury that a jury can assume that she destroyed that drive because it contained evidence about Benghazi. A judge can charge a jury that. Same thing with Brady if you want to get to the other stuff. His problem is getting rid of the darn phone. The commissioner had a right to draw the inference. He got rid if it because it contained things that would hurt him with regard to this investigation.
ALISYN CAMEROTA: You're touching a very sore spot with John Berman here. He loves John Brady.
GIULIANI: He has a right to argue, "I did it for other reasons." But this is a true criminal case against Hillary Clinton -- 34,000 emails destroyed. The minute you use that phone as a personal and a government phone, it becomes a government phone. You no longer have a right to pick and choose what you're going to let the government see.
