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 TrumpOn The Money: DOJ offers legal opinion backing refusal to release Trump tax returns | Centrist Democrats raise concerns over minimum wage | Trump bashes Powell ahead of crucial Fed meeting | Design leaks for Harriet Tubman bill On The Money: DOJ offers legal opinion backing refusal to release Trump tax returns | Centrist Democrats raise concerns over minimum wage | Trump bashes Powell ahead of crucial Fed meeting | Design leaks for Harriet Tubman bill Financial disclosure form shows Ivanka Trump earned M from DC Trump hotel 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 defends Stephanopolous interview Trump defends Stephanopolous interview Buttigieg on offers of foreign intel: 'Just call the FBI' 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 ClintonHouse Intel Republican: 'Foolish' not to take info on opponent from foreign ally House Intel Republican: 'Foolish' not to take info on opponent from foreign ally It's about the delegates, stupid MORE, because none of the emails sent or received on her personal email account were classified or deleted after the fact.

ADVERTISEMENT

"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.