Judge Andrew Napolitano reacted on "The Kelly File" tonight to reports that a Hillary Clinton staffer stripped "top secret" classification markings off information on her private email server.

Judge Napolitano explained that would constitute two felonies: altering a top secret document and placing a top secret document in an unsecured place, in this case Clinton's server.

He said that FBI investigators, now that they have the server, can look and see if the emails had the top secret classification when Clinton received them.

"Our colleagues in the intelligence community have told me with certainty that if it was on that server, it can be extracted," Judge Napolitano said. "If 'top secret' was on there, we know she lied, and she committed a felony by possessing and storing top secret information on an insecure server. If 'top secret' was not there, we will know that someone removed it."

He agreed with Megyn Kelly that this raises the email scandal to a whole new level, possibly that of a criminal conspiracy.

Judge Napolitano noted that earlier today, he said that Clinton's legal problems were gravely serious.

"Now, 16 hours later, I don't know what word to use, but they are worse than grave."

Watch more from "The Kelly File" above.


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