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Judge Napolitano: Clinton's Top Aide Gave a 'Devastating' Answer About Private Email Server

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" ... a conspiracy to frustrate the operations of the State Department ... ."

Former Hillary Rodham Clinton aide Cheryl Mills speaks to reporters on Capitol Hill in Washington, Thursday, Sept. 3, 2015, following her deposition before the panel investigating Benghazi. (AP Photo/Susan Walsh)

Fox News' Judge Andrew Napolitano believes the response given by Hillary Clinton’s top aide during a recent deposition regarding the former secretary of state's private email server could have potentially “devastating” consequences for the Democratic presidential front-runner.

Attorney Cheryl Mills listens as former Secretary of State Hillary Clinton testifies before the House Select Committee on Benghazi on Capitol Hill Oct. 22. (Saul Loeb/AFP/Getty Images)

Napolitano noted Wednesday on Fox's “America's Newsroom” that Cheryl Mills, whose recent deposition was made public Tuesday, spoke about who would have had access to Clinton's account should an email need to be released as part of a FOIA request.

From the transcript, released by Judicial Watch:

Attorney: Okay. Did they have access to the Secretary’s e-mail account so they could search her e-mails in response to the FOIA request?

Mills: To my knowledge, they did not have access to her e-mail account. To my knowledge, the information where her e-mail was — if there was a topic that would have been related, would have been in the communications that she would have either had on paper, communications that she would have had in other materials that she received, or in exchanges that she had with e-mail with individuals on their State account.

Napolitano called the response “devastating” for Clinton, questioning whether Mills and her lawyers really "thought through" that answer.

"It means that Mrs. Clinton, Cheryl Mills and Bryan Pagliano, who's the next person to be deposed in this case — if he even answers any questions — engaged in a conspiracy to frustrate the operations of the State Department," he said, noting that the agency is required by law to preserve records so that they may be accessible for FOIA requests.

The published deposition reveals that Mills' lawyers repeatedly objected to questions on IT specialist Bryan Pagliano’s role in setting Clinton up with the server.

The Fox News senior judicial analyst added that people can be prosecuted if they "conspire to frustrate the operations of the government" and suggested that Clinton created the server with the specific intention of avoiding FOIA requests and used the same setup during her eight-year stint as a U.S. senator for New York.

"She feared the president, the rest of the State Department and the public knowing what she was doing," Napolitano said.

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