ANDREW NAPOLITANO: We have learned from [Fox chief intelligence correspondent] Catherine [Herridge] and our college Pamela Brown and their sources that Mrs. Clinton's top aides regularly received -- from Mrs. Clinton via her private server -- top secret emails. These are emails which the aides lacked the security clearance to receive. So this tells us a couple things. One, Mrs. Clinton was so reckless in the manner in which she sent out top secret emails, knowingly sending them to people who weren't authorized to receive them. We know, two, that their acceptance, discussion, and transfer of this is a felony. We know, three, that the FBI now has leverage. The Justice Department can indict her top aides and trade with them. What would they want? Testimony against Mrs. Clinton in return for a deal with them. This is the way the government works.
MARTHA MACCALLUM (HOST): That's a great point. And we're talking about Cheryl Mills, Huma Abedin, Philippe Reines. All those names have come up -- Patrick Kennedy -- with regard to people who are in that circle. And one of the things that strikes me, is that it appears that Hillary Clinton felt like she could run her own little sidebar to the government, right? She had -- and they appear to have believed that within their circle, they had a circle of trust. That they weren't worried about passing this stuff around because they've all worked together, know each other very well, and that there was understanding that was going to be okay. But that is not okay, is it?
NAPOLITANO: Well, no, no, no. It is not okay, because in the process of their exchanging top secret emails like you and I might exchange emails about what studio I'm going to be in and when I'm going to have interview with you, they wittingly or unwittingly -- and under the law it doesn't matter, wittingly or unwittingly -- exposed the nation's most important secrets to persons who would cause us ill when they get those secrets. Let me tell you what the FBI is not able to find. An email account of the State Department in Mrs. Clinton's name. Mrs. Clinton used her private server for all of her governmental email.
