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In the wake of a bombshell report that her private email server contained the U.S. government's most highly classified intelligence, Hillary Clinton should lawyer up, Judge Andrew Napolitano said on "The Kelly File" tonight.

"Mrs. Clinton should be consulting very high-powered, national security criminal defense lawyers," Judge Napolitano said, explaining that lawyers with national security clearances would be able to see the evidence against her.

"The case against her is overwhelming, damning and, from her perspective, grave."

He explained that Clinton's claim that she never sent or received anything marked "classified" is merely a word game, because no intelligence is marked "classified."

"It is marked 'confidential,' 'secret,' 'top secret,'" Judge Napolitano said. "Under 'top secret,' there are four sub-markings, the most sensitive of which is this Select Access Privilege, which is what two dozen of her emails had on there."

He asserted that Clinton's negligent treatment of national security secrets and her failure to safeguard those secrets must be the basis of an indictment.

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