Clinton can be prosecuted over emails if 'grossly negligent': Judge Napolitano

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Comey changes draft memo language on Hillary Clinton

Fox News senior judicial analyst Judge Andrew Napolitano on former FBI director James Comey's draft statement calling Hillary Clinton's actions 'grossly negligent.'

Former Federal Bureau of Investigation (FBI) director James Comey altered the language used in a memo about the criminal investigation of Hillary Clinton regarding her use of a private email server while she was secretary of state.

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An earlier draft included tougher language describing Clinton as “grossly negligent.” Comey then used a softer tone, saying Clinton was “extremely careless” in her use of private emails. According to federal law, “gross negligence” in handling the nation’s intelligence is a felony.

“If the government puts into your hand for safe keeping [the] state’s secrets and you failed to keep them safe by intentionally exposing them or grossly negligently exposing them, you can be prosecuted,” Fox News senior judicial analyst Judge Andrew Napolitano said during an interview with FOX Business’ Stuart Varney.

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According to Judge Napolitano, Comey “materially misled” his own agency and the public as the director of the FBI on the legal standard for indicting and proving guilt.

“If Jim Comey was fired for the reasons [Attorney General Jeff Sessions] gave, drop the ball on Hillary Clinton, pick up the ball, run with it, bring the evidence to a grand jury and let the grand jury decide if they want to indict,” Napolitano said.

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