unless an indictment is imminent. >> so she says irresponsible claim has no basis and you have this confirmed by at least three intelligence sources? >> that's right. this was information, megyn, gathered over several weeks, this was not something we learned in recent days. >> catherine, thanks so much. joining us now our senior judicial analyst, judge andrew napolitano. you don't generally want to challenge catherine herridge's reporting. >> no, you don't. her sources are extraordinary and extraordinarily accurate by their track record. but the plain, simple procedure under american criminal law is mrs. clinton could not know that she is not being investigated. because they have no obligation to tell her. >> the most she could say is, not to my knowledge, which is the same as saying nothing because they wouldn't tell her. >> catherine comes forward