The White House scrambled yesterday to explain new emails, obtained by Judicial Watch, that may point to a cover-up of how the Benghazi attack occurred.


Henry Presses Carney: 'If WH Email Wasn't About Benghazi, Why Was It Released?'


More than 100 pages of documents were released to the conservative watchdog group Judicial Watch as part of a Freedom of Information Act lawsuit. Among them was a Sept. 14, 2012, email from Ben Rhodes, an assistant to the president and deputy national security adviser for strategic communications.

The email was under the subject "prep call with Susan," referring to preparing former U.N. ambassador Susan Rice for her upcoming appearances on Sunday talk shows.

Rhodes wrote that one of the goals was "to underscore that these protests are rooted in an Internet video, and not a broader failure of policy." Days later, Rice falsely asserted on national TV that the Benghazi attack resulted from a spontaneous protest over an anti-Islam video.

Yesterday, Jay Carney claimed that the email chain "was explicitly not about Benghazi, but about the general dynamic in the Muslim world at the time."

Judge Andrew Napolitano weighed in this morning on Fox and Friends, explaining how the email could be a violation of federal law. Napolitano pointed out that this email occurred during the height of a presidential campaign with President Obama neck and neck with Mitt Romney.

"If that email was intended for and sent to the [Obama] campaign by Mr. Rhodes, that's a felony. That's a violation of the Hatch Act, which is a federal statute that prohibits all federal employees except two from engaging in politics on the job. And those two are the president and vice president, not anyone that works for them," said Napolitano.

He said that type of information will never be uncovered unless there is a special prosecutor, but that would have to be appointed by Attorney General Eric Holder. The judge called the new emails "a turning point" in the scandal, adding he was "disappointed" in Carney's statements yesterday.

Watch the full analysis above. The judge later appeared on Happening Now to expand on this topic. Watch that segment below.

New Today: Benghazi Hearings on Capitol Hill...

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'Disturbing and Perhaps Criminal': Issa Questions Why Benghazi Docs Were Not Turned Over


Full coverage of the new Benghazi documents as seen on Fox News:

Talking Points: O’Reilly Slams Media for Failure to Cover Benghazi

Attkisson: Benghazi Narrative Shows Officials ‘Were All Reading From Same Page'

Krauthammer on Benghazi: ‘A Classic Cover-Up of a Cover-Up’