BILL HEMMER (HOST): So Hillary Clinton, once again, defending her decision on the email, the server as secretary of state. Slamming Republicans for creating Benghazi committee. She calls it political. Judge Andrew Napolitano is a Fox News senior judicial analyst and, you saw the interview earlier today on The Today Show. It was live, it was interesting, she was animated. And she was angry.
ANDREW NAPOLITANO: And I don't blame her. I don't blame her for being angry because the legal noose around her throat is now being tightened and it is a noose of her own creation. She made materially misleading statements on that interview this morning. She's suggesting that the issue is what was personal and what was governmental. That is not what the government is looking at. The government is looking at whether or not she received, stored, and sent classified material on a non-classified venue. She has repeatedly said no to that. Guess what? The government has found over 400 emails that were confidential, secret or top secret. How she is going to explain this way away before the Benghazi committee is what she's worried about because it's nearly impossible to do. I have seen these emails. They're made public. How could she suggest that view of a North Korean military installation that intercepts from Middle Eastern government agents, cell phone and e-mail, that pictures of foreign governments taken from the sky, that the travel plans of the U.S. ambassador -- when he was alive -- Chris Stevens in Libya, how could she even suggest that those were not classified materials?
HEMMER: But she just said it was allowed. What was it, Judge?
NAPOLITANO: It is not allowed -- what she said was allowed was her deciding what is personal and what is governmental. That is a gray area. The government prefers that it decide what is governmental and leave the personal materials to the employee. But it definitely is not allowed under any circumstance, under any understanding of the law for her to put classified material in a non-classified venue, which we now know she did over 400 times.
