If Hillary Clinton's former aide Huma Abedin was not truthful about backing up her emails on her husband's unsecured laptop computer, she could potentially face the same charges of lying to the FBI that snared former national security adviser Michael Flynn, Judge Andrew Napolitano said Tuesday.
"I don't know exactly what she said to the FBI because they don't release those transcripts," Napolitano told Fox News "Fox & Friends" program.
The comments were not made under oath, so Abedin wouldn't be charged with perjury, but she still could face charges for not being truthful, he added.
"She worked for Hillary Clinton and she had materials in there that were classified as confidential, secret, and top secret," the Fox News senior judicial analyst continued. "Those things made their way onto the laptop of her husband, who has since been convicted of taking materials from that laptop and giving them to an underage woman in order to induce the young woman to have sex with him. You can't make this stuff up."
But Napolitano said he does not know if Abedin will be prosecuted, as that will be up to Attorney General Jeff Sessions.
Meanwhile, Napolitano commented on another potential controversy — emails between former FBI agent Peter Strzok and attorney Lisa Page showing that they may have been leaking details to the press.
"I have been arguing since July 5, 2016, the day of [former FBI Director] James Comey's presser, there is enough today prosecute [Clinton] for espionage," said Napolitano. "There is a bigger picture here beyond the exoneration of Hillary Clinton and Huma Abedin, the use of the FBI for political purposes and the corruption of law enforcement."
"Why did they let these people off the hook?" said Napolitano. "Why, when there is a mountain of evidence, were they not prosecuted? And each today, the evidence is still there. Why aren't they prosecuted today?"
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