Hillary Clinton did not help herself yesterday by holding a press conference to defend her use of a private email account while she was secretary of state. 

Instead, in the view of Judge Andrew Napolitano, Clinton made the situation "far worse" for herself. 

"Her denials were not believable. Her arrogance was palpable. Her misunderstanding of the law was obvious," he said on Fox Business Network this morning.

Napolitano explained that Clinton only had a moral duty to tell the truth, not a legal one, but believes she was "probably" not being truthful when she claimed to have complied with all federal laws. 

The judge said it's "absurd" for Clinton to argue that all her emails were preserved because they were sent to .gov email addresses.

"What about when she emailed with someone in a foreign government? What about emails she didn't reply to? This is an absurd argument. What about the 30,000 emails that she deleted on her own? Her own words belie what she's been saying," he said.

He said he expects the Benghazi Select Committee to subpoena Clinton's private server in an effort to see whether she turned over all governmental emails.

"The statute presumes that these emails are government property. Case closed," said Napolitano, adding that he's "certain" there is classified material on her server. 

He said Clinton's calendar as secretary of state was classified, the president's calendar is classified, and emails about classified material is also classified.

Napolitano pointed out that the "law does not permit" Clinton to determine on her own which emails were governmental and which emails were personal. 

Also breaking this morning was the news that the Associated Press has filed a lawsuit against the State Department to force the release of email correspondence and government documents from Clinton's tenure as secretary of state.

Napolitano said his initial reaction is that the AP is suing the wrong people. 

He said the email correspondence is on Clinton's private server, which is owned by the Clinton Foundation, so that's who should be sued. 

Watch his complete analysis from "Varney & Co." above. 


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