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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 appeared on "Fox and Friends" this morning to analyze if Smith and Woods have a legitimate case.

Judge 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," Judge Napolitano explained.

He revealed that the parents' lawsuit revolves around a hacked Clinton email that contained the travel itinerary of Ambassador Chris Stevens, which was sent just days before he was killed in Benghazi.

"These folks in this lawsuit are going to say, 'She effectively told the world where Chris Stevens was going to be. Our guys were with Chris Stevens. They all got killed at the same time. Therefore, it's her fault.'"

Judge Napolitano said that's a logical argument, but it will likely fail legally because of Clinton's immunity.

He said that the defamation of character aspect of the lawsuit will also be difficult to prove because it's centers around an opinion Clinton expressed, allegedly implying that the grieving parents were "liars."

Judge Napolitano added that a judge wouldn't rule on this until after the election anyway, meaning the real intent of the lawsuit is to do as much political damage to Clinton as possible.

"The lawyer here, who a lot of us know, Larry Klayman, is a real gadfly who has been driving Hillary and folks who agree with her crazy with lawsuits for many years, and this is just another one of them."

Watch more above.


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