Former secretary of State Hillary Clinton is "in a lot of trouble legally" over the work-related emails she kept on her own personal server, says former Judge Andrew Napolitano.
If Clinton kept classified documents on the nongovernment server, she likely violated the same statute as Gen. David Petraeus, who this week agreed to plead guilty to giving classified documents to his biographer and mistress Paula Broadwell, Napolitano said Wednesday on Fox News Channel's "The Kelly File."
The crime would be a misdemeanor punishable of up to a year in jail and a $100,000 fine for each document.
The danger from such a setup comes from the fact that Clinton, as secretary of State, has the same security clearance as the president, secretary of Defense or CIA director, Napolitano said. So if she had received emails from President Barack Obama or the Defense secretary about the location of Osama bin Laden, that information would be stored on her nonsecure nongovernment computer.
Since Clinton sent every email during her tenure at State from the private email address, it seems likely that something classified would have been received or sent, Napolitano said, or "I don't know how she could do her job."
But Clinton could get into even more trouble, he said, if she has held back any of her emails from investigators or has destroyed them. That would be a felony and punishment would include three years in prison and being barred from ever holding public office.
The House Select Committee on Benghazi subpoenaed Clinton's emails
Clinton had a server installed in her Chappaqua, New York home in January 2009, just before taking office secretary of State. She used only that email for her work and not a government account as required by the White House.
Napolitano said that act of possessing all the documents, then deciding which ones not to turn over constitute a criminal act of concealment.
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