Judge Andrew Napolitano weighed in this morning on the new exclusive report by Fox News chief intelligence correspondent Catherine Herridge on Hillary Clinton's private emails.
The bombshell report revealed that several dozen emails on Clinton’s personal server were even more sensitive than those with the “top secret” classification, according to a top Inspector General.
Herridge reported that Clinton’s personal server contained intelligence from the U.S. Special Access Programs, also known as SAP.
“These are the crown jewels of the American intelligence community of the United States government. If this information’s compromised, we’re going to suffer very serious national security damage. People are going to die, quite frankly.”” said former CIA operations officer Charles Faddis.
Judge Napolitano said on America's Newsroom that in light of this new information, "it's hard to believe that the FBI will not recommend indictment of Mrs. Clinton."
He said that the alleged crime would be negligence and failure by Mrs. Clinton "to protect national security secrets."
"The evidence of that is overwhelming. What's new ... is that she failed to protect information of the highest possible category," said Napolitano.
He explained that Clinton, like former CIA Director Gen. David Petraeus, signed a non-disclosure agreement as Secretary of State promising to protect the intelligence of Special Access Programs.
"The fact that she failed to safeguard that [intelligence]. That she put it on a non-secured, non-government server after she swore an oath - the same oath General Petraeus did - to secure it, makes her a prime candidate for prosecution," he explained.
Petraeus was sentenced to two years of probation after allowing his biographer, with whom he was having an affair, to access classified materials.
Watch more from Judge Napolitano and Charles Faddis above.