Why Hillary's Enthusiasm to Speak with FBI Might Land Her in Jail

Hillary Clinton is expected to meet with the FBI within days over her email scandal, and former federal prosecutor-turned-criminal defense attorney Arthur Aidala told the FOX Business Network her enthusiasm to speak with FBI Director James Comey could backfire.

“The penalties [of] lying to the FBI are more severe than what they are being investigated to because there’s a five-year jail possibility there… Nobody in their right mind wants to talk to the FBI… and here she’s talking to the director of the FBI, James Comey, who she happens to be lucky, is a very stand up [guy], the ultimate professional… and respected all the way around,” he explained.

While a proffer agreement will protect what Clinton says during the meeting from being used in a court of law, Aidala noted it can be used against her for leads.

“If she tells them something that they didn’t know, they can use that to go find more evidence – and they put things in front of her and ask her to explain it.

James Comey will conclude the investigation by going to the Attorney General with a recommendation.

Aidala said he thinks there’s enough evidence to put the case in front of a Grand Jury and see whether there will be an indictment.