Judge Nap: If Petraeus Committed a Crime, Then It's 'Obvious' Hillary Did Too
Judge Andrew Napolitano reacted to the latest developments in the Hillary Clinton email scandal, saying it's "obvious" that Clinton violated the law in the same way as Gen. David Petraeus.
Clinton told reporters Saturday that she never sent or received classified information via private email when she served as secretary of state, and that the facts on the issue "are pretty clear."
Clinton maintains that any classified information in her private emails was deemed classified after the fact.
The Justice Department is now looking into what information was exchanged on Clinton's private server. The probe, which comes after a referral from the inspector general of the intelligence community, is not a criminal one and is not specifically targeting Clinton, the DOJ says.
Napolitano said he cannot say for sure which of Clinton's emails contained classified information, but noted that some of the messages that are now public referred to the "location of jets over Libya" and "the location of Ambassador Stevens ... in Libya."
The judge said those pieces of information were obviously classified, even if they weren't labeled "top secret" at the time.
"She was Secretary of State of the United States. If she doesn't know what cannot be published to the world, what cannot go through a non-secure server, she shouldn't be in that job," he said.
Napolitano said what Clinton "obviously did" is the same thing that former CIA Director Gen. David Petraeus "was indicted for and pleaded guilty to."
Stuart Varney asked whether Clinton will be prosecuted for failing to secure classified information, like Petraeus was.
"Entirely up to President Obama. If he wants her prosecuted, she'll be prosecuted no matter what exculpatory evidence she has. ... They couldn't have prosecuted General Petraeus without the president's consent. If he doesn't want her prosecuted, she won't be prosecuted, no matter what evidence of crime there will be," he said.
Watch the judge's analysis above. Hear more from Napolitano, tonight at 9p/12a ET on "The Kelly File."