It depends on what the meaning of ‘is’ is…
Via Daily Caller:
Judge Andrew Napolitano destroyed the defense that Hillary Clinton has used for having classified information on her private email server arguing that for Clinton to say she never received anything “marked” classified is a “word game.”
Appearing on Fox News’ “Fox & Friends” on Tuesday, Napolitano argued that Clinton set up a private email server in the first place because she “wanted to hide from the rest of the State Department what she was doing in Libya, because she wanted to hide from us via the Freedom of Information Act, what she was doing as Secretary of State.”
When asked about the defense Clinton used for having classified information on her private email server during Fox News’ Democratic town hall event Monday night, Napolitano said, “For her to say, ‘I neither sent nor received anything classified’ is a word game because nothing is marked classified. It is marked confidential, secret or top secret.”
Clinton “signed an oath her first day in office. In which she said, I understand my legal obligation is to know what is secret, whether it is marked secret or not. I also understand that the failure to recognize that could be criminal in nature. So what makes something confidential, secret or top secret is not a stamp marked on it, it’s the essence of the e-mail,” Napolitano said.
Napolitano then rhetorically asked, “Does it contain information, the revelation of which could harm national security? Let’s see. Would photographs of a North Korean nuclear facility if disseminated, harm national security? Would the names of American spies particularly moles working for more countries than the U.S., would that harm national security? Would Ambassador Stevens’ itinerary in Libya in the two days before he was murdered harm national security?”
“Guess what,” Napolitano said, Clinton “emailed all of that in a non-secured server. And she had a legal obligation to know that that would affect national security.” (RELATED: Napolitano: Hillary Clinton Should Be ‘