judge andrew napolitano is reviewing the new information. he'll join us live shortly. don't go away. >> i am confident that i never sent nor received any information that was classified at the time it was sent and received.

was more on the investigation, as fox news senior judicial analyst judge andrew napolitano.e fbi is investigating. this is now a criminal matter. what's the status. >> it is probably a criminal matter. the fbi does investigate civil wrongdoing, but in very narrow areas when they want to sue police departments to change their programs. the fbi does not look at ethical lapses and generally is not concerned with civil matters. it's concerned with whether federal crimes were broken or breaches to the national security. now the genesis of this investigation is a random sampling of her e-mails by inspector general of the state department that used to work for her. kennedy: were they working separately? >> yes, they looked at separate e-mails independent of each other and came to the same conclusion, there is heavy duty stuff that is probably classified and we got it in a nonclassified way. under the law we have to send it to the fbi. they made a referral to the fbi. kennedy: that's where we spoke last. the fbi has taken up the referral. they will not comment on it further. her law

was more on the investigation, as fox news senior judicial analyst judge andrew napolitano.is investigating. this is now a criminal matter. what's the status. >> it is probably a criminal matter. the fbi does investigate civil wrongdoing, but in very narrow areas when they want to sue police departments to change their programs. the fbi does not look at ethical lapses and generally is not concerned with civil matters. it's concerned with whether federal crimes were broken or breaches to the national security. now the genesis of this investigation is a random sampling of her e-mails by inspector general of the state department that used to work for her. kennedy: were they working separately? >> yes, they looked at separate e-mails independent of each other and came to the same conclusion, there is heavy duty stuff that is probably classified and we got it in a nonclassified way. under the law we have to send it to the fbi. they made a referral to the fbi. kennedy: that's where we spoke last. the fbi has taken up the referral. they will not comment on it further. her lawyer ha

judge andrew napolitano. let me ask you one additional thing. would they have additional legal rights on u.s. ground that they don't have already? >> one would expect that argument to be made but the supreme court has ruled that their legal rights in gitmo are the same as if they were here. they already have the rights. this is a federal judge sitting in d.c. assigned to hear cases in gitmo. >> you can't make this stuff up. >> no, you can't. >> judge, thank you so much. >>> high-altitude chase ends with one person in custody. why officials pursued this guy in his motorized glider. >>> presidential candidate rick santorum joins us live. >>> few could beat michael jordan on the basketball court, of course. how about in the courtroom? why the nba legend went before a judge today. >> i want that case. ♪ it takes a lot of work... to run this business. but i really love it. i'm on the move all day long... and sometimes, i just don't eat the way i should. so i drink boost® to get the nutrition that i'm missing. boost complete nutritional drink has 26 e

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fox news analyst judge andrew napolitano win in on this issue last night on hannity. >> in them she isssing a location of french fighter jets during the nato bombardment of libya, how big the no-fly zone is, where the no-fly zones are. and location of ambassador stevens who of course was murdered in libya. if that is not classified, if she didn't think i was classified, she has no business being in public office. sandra: clinton is never sent classified information or personal e-mail account. bill ackman fighting off a piece of snack company mondelez international. >> he's got a list of what he wants to get down. cutting costs and growing revenue. ackman disclosing a 7.5% stake in my beliefs. they make cadbury chocolate for you. the cookies were cut to $5.5 billion based on the closing price yesterday. other food companies such as mcdonald's and sources say he believes monthlies must increase revenue, slash costs or put itself up for sales sale are the names thrown around include high and common nelson powell to come another activist investor. he is a direct to their mondelez. these ar

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judge andrew napolitano is our fox news senior judicial analyst.i want to clear it up for the viewers. the state department official is saying we now know at least one email was top, top, top secret. >> right. >> that the state department doesn't have the capability to mark a document that way. to -- so it had to come to state from someplace else in the intelligence community. >> if i may, the email that we now know about, a state department source speaking to fox news indicated that it contained satellite imagery and signal intelligence. now, the state department is not capable of producing its own satellite imagery or its own signal intelligence. everybody knows what a satellite is. consider still intelligence basically surveillance. >> so the document had to come from someplace in the intelligence community into state. >> correct. no one in the intelligence community would send this document without marking it top secret because they would expose themselves to a felony. >> so the source goes on to say, therefore, somewhere between the point thes

grassley deemed two of her e-mail contained top-secret content, judge andrew napolitano said that generalraeus was kin vick for far less -- convicted for far less, and things are far from over mr. mrs. clinton, here is the judge, there is a lot of new information, that could affect not only election but you know her future. >> she has 85,000 e-mails she said she destroyed 33,000, and turned remainder over to state department, first group of 40 out of 85 thousand to inspector general, to look at before public, he randomly sampled 40, found 4 that had classified information two of those four were top-secret. kennedy: what does this mean? >> it means that there is material in those e-mails which if revealed to the public, could gravely harm the national security. i am quoting the statute. kennedy: a tiny sampling. >> general petraeus' information of confidential. kennedy: that is lowest. >> he was indicted and convicted, hers is top-secret that is most serious, highest level of security. kennedy: is her lawyer been carrying top-secret information in a thumb drive? >> in three. state departme

judge andrew napolitano is here. ging you back to say what you said yesterday because you filled out with clarity and impact please do it again. judge napolitano: the fbi ordinarily does not investigate for civil wrongdoing. there are some circumstances into which civil rights violations turn out to the civil lawsuits rather than criminal and does not investigate for ethical lapses or technical violations of federal government rules. its goal is to investigate violations of federal crimes or to find exposures for national security. it is clear they are looking at one of the two year but to my surprise this morning the new york post reports quoting an fbi official in the justice department in washington saying this is clearly a criminal investigation. here is why we should be surprised. general david petraeus was the subject of a criminal investigation for the failure to secure classified documents. those documents consisted of his diary, calendar, backup material. the study and a home, it couldn't make it into a compu

i went to judge andrew napolitano.other constitution better than anybody. >> these guys are friends of mine and one of them is a colleague of mine bill o'rielly and one of them i have an interest of full disclosure a financial relationship with. i own a piece of real estate with one of mr. trump's company matches. bill is right and donald is wrong. the 14th mimic cannot be clearer. it doesn't matter the circumstances under which the pregnant mother came here it doesn't matter what her intent is or was. if the baby is born here even if the mother takes the baby away the moment after birth the baby is an american citizen. when the courts are constrained language like that in the constitution they are construing the plain meaning of the language at the present time. they are not constrained with the language ought to have meant in 1868 when it was enacted and obviously wait it was enacted to force the states to recognize the citizenship of the recently freed slaves. they also had in mind native americans would have been b

neil: thanks very much, judge andrew napolitano.es are trying to stand out in a very crowded field. we told you that. we told you how governor pataki was trying to deal with that. all because this guy is taking all the oxygen in the room. who says that is the case? who says it will end up being flashy the nominee of either party? after this. do you want to know how hard it can be to breathe with copd? it can feel like this. copd includes chronic bronchitis and emphysema. spiriva is a once-daily inhaled copd maintenance treatment that helps open my airways for a full 24 hours. spiriva helps me breathe easier. spiriva respimat does not replace rescue inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva respimat. discuss all medicines you take, even eye drops. if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain or problems passing urine, stop taking spiriva respimat and call

let's listen to what judge andrew napolitano said today. >> email server is not too be handed over. it is already been in the possession of the fbi for a week. she announced last night she was going to hand it over to the fbi at a time that she knew they already had it. they got it at the same time as they got the thumb drive version from her lawyer. >> so, blake, this is spin by the hillary clinton campaign. >> well, here's what i can tell you. here is how is the clinton camp is putting it. they released a statement a news release yesterday said of clinton in part, quote, she directed her team to give her email server used during her tenure as secretary to the department of justice as well as a thumb drive containing copies of her emails already provided to the state department. however, as you heard there from the judge, that is a little bit of a different picture than the clinton camp is painting it as. dagen. >> blake, thank you so much. let's go to matt and jessica right now. matt, to you first. hillary clinton said in march the server would not and need not be turned over to a

with me now is fox news senior judicial analyst judge andrew napolitano. so judge, quite the turn of events, but from a legal perspective, does this imply destruction of evidence in the eyes of the law is a blank server, worse for hillary clinton than deleting e-mails? >> i'll be happy to answer your question, deirdre, i don't know that the reports that the server is blank are credible. i think there is speculation. if they are true, we'll assume they're true for the sake of your question, it would depend upon when the server was wiped. at some point mrs. clinton was on notice that an official government entity, the house of representatives, was seek her records. now anyone who divested themselves of records wiped them clean, destroyed them after that point could conceivably be charged and should be charged with obstruction of justice, and depends who did the wiping and for what purpose? was the server selectively wiped? was it downloaded into a thumb drive, and if so was everything downloaded or selectively downloaded? this is information that the fbi wil

. >> we'll talk about andrew napolitano about this ashley madison hack. millions of cheaters exposed online. names, credit card numbers up for anybody to see. the judge says it's not just cheating spouses who could be in big trouble. he says the website operators could be forced to answer for the breach. divorce could be the least of the worries. we'll tell you why a thousand of cheaters could be actually punished by death. that's what it says here. coming up at the top of the hour. >>> football team's dance squad gets outdone during their routine. who took the spotlight, that is -- sorry, was watching the video -- away from the performers. >>> maybe this will get you distracted too. it's the little pink pill, considered to be the woman's answer to viagra. why did it take so long to get the drug approved? we'll ask the ceo of sprout pharmaceuticals, the developer of the drug. let's face it, girls just want to have fun too, right? ♪ girls just want to have -- that's all they really want ♪ ♪ pills. and now i take a long-acting insulin at night. i take mine

fox mean juror judicial analyst judge andrew napolitano. wonderful to have you with me. >> always good to be here, deirdre. deirdre: this is ashley madison's response, the parent company. this event not an act of hacktivism. it is an act of criminality. it is an illegal action, basically saying we were doing nothing illegal online. therefore the people who leaked this data on the ones who should be charged? >> clear that several crimes have been committed. it appears as though ashley madison was not doing anything online. the latest rumors this afternoon is that these people who hacked into ashley madison discovered that many of the female profiles were online fakes. they weren't real human beings. if that the is case ashley madison has a fraud problem on its hands. deirdre: they said at one point 90% or 95%. >> that remains to be seen. but, to interfere with a computer signal without the authorization of the owner or operator is federal crime for everybody, except the federal government. another issue for another time. not only is there in

time for real talk with judge andrew napolitano.'s start with the breaking news from "the daily mail" that apparently her private server was possibly held in a bathroom in a loft apartment in colorado. >> when she initially addressed this at her famous but brief u.n. press conference, she said that the private server was at chappaq chappaqua, guarded by secret service. meaning when she or her husband are there they're guarded by secret service. if the server was not there, if it was literally in a bathroom in somebody's apartment in colorado, she was either misinformed or knowingly misinformed us. >> what about the fact that this growing number of classified emails now being deemed classified. now it's over 300 but it could get bigger? >> in my opinion this is the most treacherous aspect of this for her. it's somewhat equivocal about whether or not she committed a felony by diverting all the emails through the server. i think she did. not everybody agrees with me. there is no question at all, no question at all, that by diverting cl

>> according to judge andrew napolitano, that server with related thumb drive has been in the hands of the fbi for a week and they even took control of the thumb drive showing up to the office of clinton's attorney. that is a bit of a different picture that the clinton campaign painted yesterday when they sent out a statement, clinton, quote, directed her team to hand over the items. as fbi continues its investigation into the handling of clinton's email according to senator chuck grassley the intelligence community inspector general delivered a briefing to members of congress detailing two emails that passed through clinton's private server during her tenure as secretary of state. were top secret that is the highest level of classification. ig says two other emails contained classified information at the time they were sent. that is important because clinton initially said her system never handled classified material. despite the independent report from the ig, the state department appeared to come to clinton's defense this afternoon by contradicting that report. take a listen. >> the

it's not a legitimate investigation, but our own judge andrew napolitano said earlier today it is going to be hard for her to make that case when you have professionals at the fbi leading this probe. listen. >> i feel that she's in serious trouble and she doesn't recognize it. i can tell you this. the team of fbi investigators and federal prosecutors that are pursuing her are the highest and best from the justice department. >> now, interesting, there was a minister here giving an invocation a moment ago to warm up the crowd. he said give secretary clinton the strength and stamina in the face of opposition. she has a lot of opposition right now, shep. >> could we please see her with bernie sanders? could you arrange that? i know they're in the same town. >> we're trying to make that happen. after this town hall, secretary clinton will head to the luxor. you've seen that big hotel before, the pyramid in the sky. the afl sigho is having a convention there. all unclear because it's happening indoors, whether they'll run into each other. bernie sanders gaining ground on her in the fox poll,

fox news senior judicial judge andrew napolitano is live at the newsdesk in new york.rnment workers. they used their military and government e-mail addresses. >> i guess they probably did, shep. it's one of the reasons why they were so identifiable. it's very interesting because federal law is pretty clear that it is a federal crime to access someone else's computer or computer signal or server without authorization. only the federal government can do that. but the federal government has to decide if it wants to try and investigate and prosecute the people who did this. >> well, along the way, a lot of people have to worry about their stuff. so if people are very quietly going oh, no, i was on ashley madison, nobody can know this, what can i do to protect myself? is there anything anybody can do? >> there's nothing anyone can do. it's in the hands of renegades that is trying to destroy the website and the culture that produced the website. many of the female profiles on ashley madison were online fakes. they were put up there by the ashley madison computer whizzes in o

judge andrew napolitano always a pleasure to be here. >> what a great necktie that is. stop talking about the ugly tie. [laughter] >> president obama yes he's cracked down on coal going to kill it and coal country is ready to fight back. next, a senator who represents coal country on this program. three big name tech stocks follow them closely, apple, facebook, twitter beeten down of late. answer is next. hi my name is tom. i'm raph. my name is anne. i'm one of the real live attorneys you can talk to through legalzoom. don't let unanswered legal questions hold you up, because we're here, we're here, and we've got your back. legalzoom. legal help is here. will you be a sound sleeper, or a mouth breather. well, put on a breathe right strip and instantly open your nose up to 38% more than allergy medicines alone. so you can breathe and sleep. shut your mouth and sleep right. breathe right. >> i'm nicole petallides with your fox business brief as market tries to find some direction, we have a big jobs report on friday. dow, s&p and nasdaq just slightly lower at the moment o

judy massey senior judicial analyst judge andrew napolitano. great to see you. how serious is this question a >> hillary clinton's problems are grave as a result of this. there are three categories of classified information under the federal system. top secret, secret, confidential. if revealed it is likely to cause grave damage to national security. secret means if revealed it is likely to cause serious damage to national security. confidential means it is likely to cause some damage to national security. when a federal judge presiding over the freedom of information act request against the state department to begin releasing e-mails. first release was the inspector general of the state department inspector general of the intelligence community. they randomly sampled 40 of her 55,000 e-mails. among the 40 day found forth over classified. among the four they found two that were top secret. the highest classification we have. general petraeus was indicted in convict did for keeping in a desk drawer in his house loose loose containing confidential information, the

stuart: all right, judge andrew napolitano is here. former attorney general had to say there about the -- the judgment made by hillary clinton. he also went on to say that the president has some discretion over whether or not hillary clinton is prosecuted. >> yes. stuart: by having those top secret. >> yes. stuart: on her server. >> yes. foreman attorney general is right, and he knows exactly what he speaks of because of the jobs he once held. here's the thing. if president obama wants mrs. clinton entitled, she will be entitled no matter the political uproar. if he does not want her entitled, she will not be entitled no matter what the fbi finds. but if the fbi finds serious evidence and the agents recommended entitlement, this is a highly professional team of career fbi agents and career prosecutors not interested in politics. and the white house says, no, you'll see resignations, and you'll see a scandal on your hands. . stuart: so the president holds a great deal of power over hillary clinton's campaign. >> yes. stuart: and if he s

we have mentioned the lodge, and the immigration plan, judge andrew napolitano says many parts of thelan are unconstitutional. let's get to the heart of it. amendment number 14 of the u.s. constitution, section i, right in the beginning of the fourteenth amendment says all persons born are citizens of the united states and the state wherein they reside. donald wants to change that. >> he would argue the mother committed a crime and the child should be punished but they don't do that in this country and being here illegally is not a crime. need to commit an independent cross and, like beating a border guard but illegally entering the country as a civil wrong, not rising. the supreme court has uniformly upheld anybody born here is an american citizen no matter the intent of the mother and how easy it is to change the constitution is very difficult. dave: we have a president who does his interpretation, actually does change the constitution does on his executive order. judge napolitano: president trump could change things radically, can't change the constitution but if he did what barack

. >>> judge andrew napolitano was the first to say something like this is more than just political here. for one thing it is unprecedented. essentially the government now able to rifle through a server that makes the situation even more ominous, right? >> neil, she brought this on herself by deciding to divert 100% of her e-mails from a government server through her own server. that is a diversion of government assets, a potential crime. the elimination of 33,000 e-mails which belonged to the federal government, that's a potential federal crime. the crime that will bedevil her the most, the potential crime, that has turned up the heat on her most severely is the revelation last night that among a sample of 40 e-mails by the inspector general, a neutral inspector from the state department, he found four classified. of the four, there were two that were top secret. this after as she insisted there were no top secret materials on the e-mails. neil: just more sensitive? >> three categories of secrecy under the federal statutes. top secret means if revealed would cause grave harm to the nati

and judge andrew napolitano joins us. company that didn't it -- that did it can't get in trouble. >> it's a classic case of the government violating its own law, the government's own contractors doing what the government has punished others severely. those companies forked up billions and billions for the clean-up. who is going to do it here? the epa hires a contractor. the contractor goes into a goldmine. the contractor breaches a wall of the mine and this heavy metal is destroying hundreds of millions, probably billions of dollars worth of property. >> there's lead and ars nick and all sorts of bad stuff going down the river. >> the epa end dem any fies the contractor. plain english, if you sue the contractor, the government bears the burden of the lawsuit. >> otherwise, the contractor wouldn't have taken the job. >> correct. because no contractor could possibly afford to repair damage like this. the question is can you sue the epa's contractor? you have to show what's called gross negligence. not an honest accident or

joining us right now is fox news senior judicial analyst, judge andrew napolitano., judge. >> good morning, steve. so the question, how are the candidates approaching the constitution is, in my view, appropriately answered by saying which constitution? >> right. >> obviously, there's only one, but two vastly different interpretations of it. the madisonian interpretation, madison wrote it, the purpose of the constitution is to restrain the government. federal government. to limit it to just the 16 specific delegated powers in the constitution. >> these are the rules. >> correct. the wilsonian version after woodrow wilson, the constitution unleashes the government to do anything it wants, to regulate any behavior. >> very progressive. >> correct. subject only to the limitations in there. if you're talking about small government, if you're talking about people fed up with the federal government in their faces, obviously rand paul and ted cruz come to mind. >> okay. >> if you're talking about -- just republicans now because we're talking about the debate thursday. if we

just listen to what judge andrew napolitano said about this earlier today on this program. >> this ishands of serious fbi professionals and serious prosecutorial professionals who will do their duty and follow the evidence no matter where it leads them. i do not think we're in a phase any longer where she can expect to be protected because the u.s. attorneys are appointees by a democratic president. stuart: now, the judge think so that hillary clinton is in serious legal and certainly political trouble at this point. liz peek here. now, look. you're a financial analyst. you deal in the markets, you deal in stocks and all the rest of it. but politics plays a role in our stock market and here you have the lead democratic candidate in serious trouble. does that make any difference to your investment perspective at all? >> the markets? i think it's an interesting question. i mean what's the fallout from this? in mew hamp bernie sanders has soared ahead of hillary clinton. that's a shocking development in a state that hillary clinton certainly needs to and expected to win. stuart: shocking

judge andrew napolitano is here.ot like the sound of the fbi is investigating. >> i can't imagine they do. she had a lot of trouble she has the intelligence community members of the intelligence community pressuring members of the justice department to go to a federal judge and get a search warrant to read her property in chapa, as they routed the home of general david petraeus and sees the server. because the server if it is still there and operative probably has on at classified materials. mrs. clinton longer has joy classified security clearance. the state department is now a classified security clearance. the thumb drive version of what is on the server she gave her lawyers in washington d.c. they don't have a classified security clearance of the intelligence community is concerned with what is out there. i have seen the e-mailsade public. i haven't seen the e-mails inspector generals turned over to the fbi. the ones i saw that were made public address the following. mrs. clinton and aide to mrs. clinton where ar

. >> but fox news senior judicial analyst judge andrew napolitano says this is no laughing matter.gate scandal for "the washington post" says this reminds him of that. >> it's an interesting analogy. president nixon acted as though he was never in trouble, never going to be investigated, and p.s. those tapes belong to me. in the the government. >> with hillary clinton you've got 30,000 missing emails. >> correct. and guess what, she didn't even good job of erasing them. they found about 300 that are seriously questionable as to whether they contain classified material. we know at least one of them contains top secret material and within the top secret category there are three other markings really indicating super top that you can't discuss it outside of a secured environment, a secured room, this particular email was satellite images of a middle eastern country was in that category. let's just hypothetically say mrs. clint ton and her associates are indicted for conspiracy to violate the espionage laws of the united states by knowingly let secrets get out. they are in the courtroo

the >> judge andrew napolitano on the growing e-mail scandal.ront on the story above and beyond everybody else. if you want to catch him, come to us at 9:00 a.m. sharp. 15 seconds to the actual start of trading on wall street. in the background, china's stock market did a mini crash last night. it was down 6% just in one day. maybe that will become a factor on our market here. eavesdropped like that, maybe back on. check the board, trading has begun. 17.5 and small change. let's talk about china, down 6% overnight. that's the stock market. the dow jones average would be down 1000 points. this could be a situation with china as a bursting bubble. that would be a huge market story very much affect them your money. sandra smith is here coming gerri willis is here and larry levitt in chicago. is this going to be a really big market story? bigger than it has been already a bursting of china's bubble. >> you will be talked about more and more. one of the biggest events we've seen in a while. .open in a much lower yet. the s&p down five or six points.

judge andrew napolitano is here. so what? what is the significance of that? morning. we don't know if that was done because we haven't seen the e-mails. what we do know about this document, we know it was generated by a satellite. we know that the satellite transmitted photographs of a foreign country, and also in this e-mail was intercept of foreign conversations. we know it should have borne the logo of top-secret and should have borne the logo that said it came from a satellite and could not be shared with a foreign country even foreign country that is our ally. from that we can conclude that it did not generate in the state department because the state department itself lacks the technical ability to acquire such information on its own. it received it from an american intelligence agency. could be defense intelligence, could be c.i.a. but defense intelligence and c i a who risked their lives to get this stuff are not going to risk their careers by failing to stamp top-secret on them. if they did stamp top-secret when they sent it to the state department b

judge andrew napolitano is here. >> he's politically inductive because he's such great theater.hat and smile over it. even if you you can't even with the reporter, how can you not smile over it. stuart: exactly. now, he's talking about the 14th amendment. >> yeah. stuart: and as i understand it was introduced way, way, way back to allow slaves in american society. does the 14th amendment stretch to the position where anybody born in america is an american citizen. >> the more appropriate question i suggest is the 14th amendment limited to just former slaves and the answer is "no" because the language is very clear. the language is all persons born in the united states and subject to it's jurisdiction or naturalized here that will be citizens of the united states. so let's just say that congress -- let's just say republican congress and a president trump issued a proclamation interpreting what that means. we interpret that to be -- meaningless today and only applied to the slaves. what would the supreme court do with that? the supreme court would say guess what, guys? we interpre