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The parents of two of the four Americans who were killed in the Benghazi terror attack in 2012 are suing Hillary Clinton, alleging the then-secretary of state's "reckless handling" of classified information contributed to their deaths.

The case was filed in the U.S. District Court for the District of Columbia by Larry Klayman of Freedom Watch USA on behalf of Patricia Smith, the mother of Sean Smith, and Charles Woods, the father of Tyrone Woods, for allegedly wrongfully causing the death of their sons as well as for defamation and intentional and negligent infliction of emotional distress.

Judge Andrew Napolitano said this morning that the case will probably fall short in court because of Clinton's immunity.

Napolitano said that government officials are given immunity from such lawsuits as long as they behave within the authority that was given to them.

"They are not personally liable for the unforeseen, or even intended, consequences of their behavior," he explained.

Klayman, however, disagreed with Napolitano's analysis on The Kelly File tonight, arguing that the case has a "tremendous" chance to succeed.

He said that Clinton could lose her immunity based on crimes committed by misusing her private email server as secretary of state. 

Klayman said Mrs. Clinton has "skated" for many years and that his clients simply want justice for their loved ones. 

Democratic strategist Robert Zimmerman, however, went after Klayman, accusing him of trying to make a political case and having a longstanding personal vendetta against the Clintons.

Watch the contentious discussion above.


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