Fox News commentator Judge Andrew Napolitano says, “It’s hard to believe that the FBI will not recommend indictment of Mrs. Clinton” for having information of the highest level of classification on her private server.

Appearing on Fox News’s “America’s Newsroom” with Bill Hemmer on Wednesday, Napolitano argued, “The fact that she [Clinton] failed to safeguard that, that she put it on a non-secured, non-government server after she swore an oath, the same oath that General Petraeus did to secure it makes her a prime candidate for prosecution.” (RELATED: Report: Emails At The Highest Classification Levels Found On Hillary’s Private Server)

Napolitano said that the crime that Clinton allegedly committed is “the negligent treatment, the failure to protect national security secrets. The government does not have to show that she intended to treat them negligently. The government does not have to show harm. It only has to show negligent treatment. The evidence is overwhelming.” (RELATED: Hillary’s Campaign Accuses Intel IG Of Coordinating With GOP On Damning Email Reports)

“What’s new, what came out yesterday… is that she failed to protect information of the highest possible category. I’ll give you an example. We don’t know what’s in there because the people who said it’s an S.A.P. (the highest category there is) aren’t going reveal what’s in there. But the type of information would be: the names of a mole, a person working for a foreign government also working for us, a black ops program that the government knows about what wants to deny exists, and the names of people participating in it.”

Prior to signing the non-disclosure form regarding classified information, Napolitano said Clinton would have “an hour-long instruction by two FBI agents who co-sign the form with her. They tell her… about the various categories of national security secrets. They tell her she could be prosecuted if she doesn’t safeguard them. They tell her that just because she’s the secretary of state, she can’t remove a national security designation because it’s the substance of what’s in the document or in the email that makes it protected not any magic stamp that is on it.” (RELATED: State Department Releases Clinton IT Guru Emails)

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