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The State Department now says it can't find any emails from the staffer who set up Hillary Clinton's private email server that is the center of an FBI investigation.

"The Department has searched for (IT Specialist Bryan Pagliano's) email .pst file and has not located one that covers the time period of Secretary Clinton's tenure," State Department spokeswoman Elizabeth Trudeau said in U.S. District Court in Washington today.

The Republican National Committee has filed a Freedom of Information Act lawsuit requesting all work-related emails sent to or received by Pagliano between 2009 and 2013, the years of Clinton's tenure as secretary of state.

Pagliano is a key witness in the FBI's investigation into the handling of classified information on Clinton's private email server and was granted immunity by the Justice Department.

Judge Andrew Napolitano reacted on The Kelly File, saying that the development moves things "closer and closer to a perfect storm for Mrs. Clinton."

Napolitano said that recent leaks suggesting Clinton showed no intent to mishandle classified information do nothing to vindicate her, because the government is not required to prove intent for espionage.

"It's the rare federal crime that the government can prove by gross negligence," he said.

Napolitano also said that they could prove intent if they wanted to, because there's an email where Clinton asked a staffer to white-out the word "Secret" on a document and fax it to her.

"Now, if that's not an intention to move a state secret from a secure place to a non-secure place, you tell me what it is," he said.

Watch the full analysis above.

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