Heads should roll for this dance alone.
Via Breitbart:
Wednesday’s testimony on the Benghazi terror attacks by State Department whistleblowers before the House Committee on Oversight and Government Reform contradicted several statements by then-Secretary of State Hillary Clinton in testimony before House and Senate committees in January.
However, while Clinton may have misled Congress in her testimony, she likely did not commit perjury because she never actually testified under oath.
Video recordings of Clinton’s Jan. 23 testimony before the House Committee on Foreign Affairs and the Senate Foreign Relations Committee suggest that she was never sworn in. Breitbart News subsequently confirmed with staff on both committees that she did not take an oath to tell “the truth, the whole truth, and nothing but the truth,” as the three witnesses, all career civil servants, did Wednesday before the House Oversight Committee.
A Senate aide confirmed to Breitbart News Thursday: “We checked with the committee and she wasn’t sworn in.” A House aide indicated that Clinton had not been sworn in, but added that “all witnesses testifying before the House Foreign Affairs Committee, including Secretary Clinton, are under a legal obligation to tell the truth. Any misrepresentation to the Committee in the context of a review or investigation is a violation of law.”
As horrific as the failure is to not have put her under oath, she is still can be prosecuted, as Judge Andrew Napolitano notes, albeit with the provisos noted in the Breitbart article.