Judge Napolitano Explains What’s Wrong With Hillary’s Defense

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How do we elect a president who can’t legitimately be given top level security clearance?

Anyone who is clear-thinking on the matter believes that in the least, Hillary Clinton would have immediately lost her security clearance and her job. Stephen Hayes thinks someone guilty of this might go to jail but Judge Napolitano took it further.

Hillary Clinton says there is nothing to any of this. Clinton said the following in response to this latest revelation that she held the most secret of classified material on her private server:

“I’m just going to leave it up to the professionals at the Justice Department, because nothing that this says changes the fact that I never sent or received material marked classified.”

She said “the best we can determine” is that the emails in question were a forward of a New York Times article on a classified drone program and that they had likely been retroactively classified

“How a New York Times public article that goes around the world could be in any way viewed as classified, or the fact that it would be sent to other people off of the New York Times site, I think, is one of the difficulties that people have in understanding what this is about,” Clinton said.

Though the drone program was classified at the time, it was being written about publicly, which Clinton said, “strikes me as somewhat strange that there would be a — an effort by those who are leaking this — and obviously that’s what’s happening — to try to raise concerns and doubts about information in the public sector.”

She added, “But even if they have retroactive concerns and doubts, that doesn’t change the fact that these were not marked classified at the time they were sent or received.”

The Judge said she should be consulting very high-powered criminal defense lawyers with security clearance.

Realisticaly? She likely has them on speed dial.

As far as her excuse that it’s about an old New York Times story and that there is no there there, “she is effectively mocking the more than 100 FBI investigators on her case,” the Judge said.

It “infuriated” the judge when she said she never received or sent classified information because that’s a “word game.” She says she never sent or received “anything marked classified” because “nothing is ever marked classified.”

Top Secret has a sub-marking under which is “Select Access Privilege” or SAP which two dozen of her emails had on there [some reports say several dozen]. “That is the most secret information the government has.”

“Criminal charges in not protecting it?” Megyn asked.

“Absolutely,” the Judge said.

Megyn said that there is the argument that the government classifies too much material as secret but the Judge said not at this level – the SAP level. “Do you know what kind of information is in there? The names of moles, Black Ops, programs the government wants to deny the existence of. For her to put that on a server while she was secretary of state was grossly negligent and must be the basis for an indictment.”

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