Programming Alert: Bret Baier will interview Attorney General Loretta Lynch, tonight at 6:00pm ET on "Special Report."
Judge Andrew Napolitano reported this morning on the latest batch of emails to be released from then-Secretary of State Hillary Clinton's private server.
Nearly 50,000 pages have now been released and the final batch is expected to be released today.
In the latest release, portions of 88 documents were deemed to be classified at the "confidential" level, the lowest classification category.
Napolitano said the latest batch of emails include information on drone strikes and that Clinton, as secretary, should have known a classified document when she saw it.
"'Classified' is Hollywood term, not a legal term. The legal term is confidential, secret or top-secret. So when she says, 'I didn't send or receive anything marked classified,' it is technically true. The answer is nothing is marked classified," he said.
The judge noted that former CIA Director Gen. Michael Hayden recently called it "certain" that the Russians hacked into Clinton's unsecured server.
Bill Hemmer asked why there has been no indictment against Clinton, as the FBI investigation drags on. The judge answered that there is a "growing perception" that the likely Democratic presidential nominee is receiving "special treatment" from the Obama administration.
"Attorney General Lynch will need to determine when and how that evidence is going to make its way to a grand jury. If it does, Mrs. Clinton will be indicted. If it doesn't, she won't be, but the attorney general will have one hell of an explanation to make."
Watch more of the judge's analysis above, and tune in tonight at 6:00pm ET for Bret Baier's interview with Attorney General Loretta Lynch.