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Judge Andrew Napolitano said this morning that Hillary Clinton's top aide gave a potentially damaging answer during a recent deposition.

The Fox News senior judicial analyst explained on America's Newsroom that Cheryl Mills, whose deposition from last Friday was made public yesterday, spoke at one point about who would have had access to Clinton's account in the event that an email needed to be released as part of a FOIA request. 

From the transcript:

Attorney: Okay. Did they have access to the Secretary’s e-mail account so they could search her e-mails in response to the FOIA request?

Mills: To my knowledge, they did not have access to her e-mail account. To my knowledge, the information where her e-mail was — if there was a topic that would have been related, would have been in the communications that she would have either had on paper, communications that she would have had in other materials that she received, or in exchanges that she had with e-mail with individuals on their State account.

Napolitano questioned whether Mills and her lawyers really "thought through" that response, calling it "devastating" to Clinton, whose private server is being investigated by the FBI.

"It means that Mrs. Clinton, Cheryl Mills and Bryan Pagliano - who's the next person to be deposed in this case if he even answers any questions - engaged in a conspiracy to frustrate the operations of the State Department," he said, pointing out that the department is required by law to maintain records so they can be accessible to FOIA requests.

Mills' lawyers repeatedly objected to questions on IT specialist Bryan Pagliano’s role in setting up the server.

Napolitano said people can be prosecuted if they "conspire to frustrate the operations of the government."

He argued that Clinton created the server specifically to avoid FOIA requests and even used the setup when she was a U.S. senator from New York for eight years. 

"She feared the president, the rest of the State Department and the public knowing what she was doing," said Napolitano. 

Judicial Watch President Tom Fitton shed some more light on the five-hour deposition this morning on Fox and Friends.

Watch the judge's take above.

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