Judge Napolitano expressed befuddlement at Clinton “mocking the 100 FBI agents investigating her,” but said what “infuriates” him is her claim to have “never sent or received classified information” or anything “marked classified,” because there are never “classified” markings in government emails.
“It is marked confidential, secret, top secret. And under top secret there are four sub-markings, the most sensitive of which is this ‘select access privilege,’ which is what what two dozen, 24, of her emails had on there. That is the most secret information government has,” Napolitano said.
Napolitano continued, “This particular law expressly says intent is not an element, meaning the government doesn’t have to prove she intended. Her negligent treatment of national security secrets, her failure to safeguard and store national security secrets,” with Megyn Kelly interrupting,
“on a server that the Russians and the Chinese may have hacked into,”
“Correct,” Napolitano says, “can be the basis for a criminal prosecution. We’re not talking about one, we’re not talking about a loose-leaf in a desk like General Petraeus. We’re talking hundreds.”