Hillary Clinton's signatures on two nondisclosure forms regarding classified information while she was Secretary of State could open her up to criminal prosecution, Competitive Enterprise Institute fellow Chris Horner tells Newsmax TV.
"This just makes it very difficult for her to argue that she didn't know," Horner told "Newsmax Prime" host J.D. Hayworth. "Her principal argument so far is that [the documents on her private email server] haven't been stamped 'classified.'
"Of course, that would not get anywhere, if the Department of Justice chose to prosecute," he added. "What this does is make it less plausible if the Department of Justice chooses not to prosecute.
"It beefs up the argument … that she's too big to prosecute — or too big to jail."
CEI Friday received copies of two nondisclosure agreements the Democratic front-runner signed regarding classified and sensitive information shortly after beginning at the State Department.
The signatures were dated Jan. 22, 2009, Horner said. They were obtained in a Freedom of Information Act lawsuit against the Obama administration.
Regarding the classified form, he told Hayward that it says that Clinton understands "that information may be marked 'classified' whether or not it's stamped that way.
"That argument is dead and buried now," he added, referring to Clinton's claims on whether she knew data on the server was marked classified or not. "Her signing these documents leaves her little wiggle room to say, 'I didn't know.'"
© 2026 Newsmax. All rights reserved.