Despite reports that as many as 1,000 emails on Hillary Clinton's private email server may have been classified, that's not enough to bring forth any indictment on criminal charges, famed Harvard Law professor Alan Dershowitz told
Newsmax TV on Tuesday.
"To indict, you have to show that it was marked 'classified,' not that later on it became classified," he told "Newsmax Prime" host John Bachman. "I think everybody agrees that, as far as we know, there have been no emails that have been marked classified."
FBI Director James Comey is continuing his investigation into Clinton's emails during her four years as the nation's top diplomat.
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"There's an enormous difference between charging a former secretary of state with a crime and criticizing her judgment," Dershowitz said of the Democratic presidential front-runner. "To have a crime, you have to show that at the time she did it, she knew that what she was doing was in violation of the criminal law.
"The fact that you find emails that may later be subject to after-the-fact classification is not the basis for a criminal charge.
"Unless they can demonstrate that she knowingly transmitted emails that were marked classified, I don't think there's a realistic possibility of any criminal charges being brought."
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