Judge Napolitano: Hillary Will Be Indicted if AG Loretta Lynch Convenes a Grand Jury

Attorney General Loretta Lynch confirmed to Congress last week that career Justice Department attorneys are working with FBI agents on the ongoing criminal investigation of Hillary Clinton’s email practices and possible public corruption at the Clinton Foundation. According to legal experts, this gives agents "access to the U.S. government’s full investigative tool box, including subpoena power for individuals, business or phone records, as well as witnesses." Fox News legal analyst Judge Andrew Napolitano says that if  Lynch presents their evidence to a grand jury, "Mrs. Clinton will be indicted."

Judge Napoitano reported on Fox News this morning that the final batch of Hillary Clinton’s emails set to be released Monday include information on drone strikes "which are in the highest category of top secret."  He argued that Clinton, as secretary, was obligated to know "a national security state secret" when she saw one.

"'Classified' is Hollywood term, not a legal term. The legal term is confidential, secret or top-secret. So when she says, 'I didn't send or receive anything marked classified,' it is technically true. The answer is nothing is marked classified," he said.

The judge noted that former CIA Director Gen. Michael Hayden recently called it "certain" that the Russians hacked into Clinton's unsecured server.

Bill Hemmer asked why there has been no indictment against Clinton, as the FBI investigation drags on. The judge answered that there is a "growing perception" that the likely Democratic presidential nominee is receiving "special treatment" from the Obama administration.

"Attorney General Lynch will need to determine when and how that evidence is going to make its way to a grand jury. If it does, Mrs. Clinton will be indicted. If it doesn't, she won't be, but the attorney general will have one hell of an explanation to make."

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On Hugh Hewitt's radio show last week, Gen. Hayden stopped short of saying he was "certain" the Russians had hacked into Clinton's home brew server, but he did say he "would lose all respect for scores of intelligence services around the world if they did not have all the access they wanted to that server."

The former CIA director said that he would never have been allowed to do such a thing.

"Let’s say that I’m the sinner here. And I had two deputies – Bill Black at NSA and Steve Kappes over at CIA. They, Hugh, would not have let me do this. They would have walked in and said 'Mike, I love you like a brother, this isn’t going to happen.'" He added that "it’s really unfortunate that that didn’t happen at State Department."

Incredibly, Clinton's shoddy email arrangement appears to have been an "open secret" in Washington.