A Hillary Clinton insider might have stripped the most serious “secret” markings from her emails to disguise extremely sensitive information, a State Department source told Fox News Wednesday.
And the former secretary of state and Democratic presidential contender sent and received emails containing classified information — including spy satellite intelligence — over her private unsecured server.
Stripping classification designations from intelligence information is a felony under federal law, Fox News legal analyst Judge Andrew Napolitano told Megyn Kelly on Wednesday’s “The Kelly File.”
Earlier in the day, Napolitano said on “Fox & Friends” that the Clinton email scandal was a “grave situation” for her legal team.
Sixteen hours later during his appearance on “The Kelly File,” he upgraded her legal vulnerability to “worse than grave.”
Napolitano told Kelly that deleting classification designators from Clinton’s emails would constitute two felonies: One, altering a top secret document and two, storing a top secret document in an unsecured location — Clinton’s private server.
The Daily Beast reported that some of the information sent through Clinton’s server should have been classified up to the level of “TOP SECRET//SI//TK//NOFORN,” according to the Inspector General’s report.
This is how the Beast explained these classification designations:
• TOP SECRET, as the name implies, is the highest official classification level in the U.S. government, defined as information whose unauthorized release “could cause exceptionally grave damage to national security or foreign relations.”
• SI refers to Special Intelligence, meaning it is information derived from intercepted communications, which is the business of the National Security Agency, America’s single biggest source of intelligence. They’re the guys who eavesdrop on phone calls, map who’s calling who, and comb through emails. SI is a subset of what the intelligence community calls Sensitive Compartmented Information or SCI. And these materials always require special handling and protection. They are to be kept in a Sensitive Compartmented Information Facility or SCIF, which is a special hardened room that is safe from both physical and electronic intrusion.
• TK refers to Talent Keyhole, which is an IC caveat indicating that the classified material was obtained via satellite.
• NOFORN, as the name implies, means that the materials can only be shown to Americans, not to foreigners.
Napolitano told Kelly that FBI investigators will look to see if the emails had the correct classification markings when Clinton received them.
“Our colleagues in the intelligence community have told me with certainty that if it was on that server, it can be extracted,” Napolitano told Kelly. “If ‘top secret’ was on there, we know she lied, and she committed a felony by possessing and storing top secret information on an insecure server. If ‘top secret’ was not there, we will know that someone removed it.”
The new information raises the Clinton email scandal to a whole new level, including criminal conspiracy — all in the span of a single day.
It’s gone beyond being a “grave situation” for the Clinton camp, Napolitano said.
“Now, 16 hours later, I don’t know what word to use,” he told Kelly. “But they are worse than grave.”
Watch the exchange via Fox News.
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