Napolitano: Ivanka Trump could be 'exposed to a charge of espionage' if personal emails were classified

Fox News senior judicial analyst Andrew Napolitano warned that Ivanka TrumpIvana (Ivanka) Marie TrumpIvanka Trump, Jared Kushner treat reporters during Jewish holiday of Purim Pavlich: A better higher education Stop asking parents to sacrifice Social Security benefits for paid family leave MORE could be "exposed to a charge of espionage" if any of the government emails she sent over a private email account contained classified information.

The warning comes after Trump, who serves as a senior adviser to her father, President TrumpDonald John TrumpTrump mocks wind power: 'When the wind doesn't blow, just turn off the television' Pentagon investigator probing whether acting chief boosted former employer Boeing Trump blasts McCain, bemoans not getting 'thank you' for funeral MORE, said in an interview with ABC on Tuesday that there was “no equivalency” between her email situation and that of former of Secretary of State Hillary ClintonHillary Diane Rodham ClintonTrump mocks wind power: 'When the wind doesn't blow, just turn off the television' Trump's approval rating stable at 45 percent Kellyanne Conway: 'I think my gender helps me with the president' MORE, because none of the emails sent or received on her personal email account were classified or deleted after the fact.


"If what she says is true, and I would have no reason whatsoever to doubt it, then her conclusion is correct," Napolitano told "Outnumbered Overtime" anchor Harris Faulkner. "This is radically different from Secretary Clinton and there is no violation of the law." 

"Where the issue may come up is, did she discuss and did she read, write or converse about anything that was classified? Question: Is the president’s calendar classified? The answer is yes. I don’t know what’s in there, but if any of it is classified, she could be exposed to a charge for espionage."

"The president’s calendar is classified?" Faulkner asked. "But the media finds out what is on that calendar every day."

"Because they choose to tell what they want us to know, but the rest of it is classified, as is the secretary of State's," replied Napolitano, a former New Jersey judge. 

In 2017, Ivanka Trump used her private email account to send hundreds of emails concerning official government business to administration aides, members of the Cabinet and her personal assistants, according a Nov. 19 report in The Washington Post. 

"All of my emails are stored and preserved," she told ABC News in an interview that aired Tuesday. "There were no deletions. There is no attempt to hide. There's no equivalency to what my father's spoken about." 

Donald Trump both as a candidate and as president has slammed Clinton, his 2016 Democratic opponent, for using a private server while secretary of State, while crowds at Trump rallies have chanted "Lock her up."

The FBI concluded after an investigation that, while “extremely careless,” Clinton’s email use was not in fact illegal.