BRET BAIER, SPECIAL REPORT: I want to start with this leaving the State Department, a form that any official would have to sign, apparently. We don't know whether Hillary Clinton sign it or not. What do we know?
JUDGE ANDREW NAPOLITANO: There are two forms that she had to sign, she had to sign one on day one in which she took an oath to preserve in the government's possession government records. If she signed it and two weeks later, diverted the government records to her husband's server in Chappaqua, New York, she probably committed perjury.
Second one, the one that you've identified that Megyn revealed last night, you signed in your last day in office, in which you say, I have returned to the government already, it's in the past tense, the government's records. If she signed that and did so under oath, as the document requires that you swear to it, she probably committed perjury. We don't know if she signed this, but we do know no one in the government would be authorized to exempt her from these documents.
BRET BAIER: Congressman Jason Chaffetz is now planning a formal investigation into the legal implications. You say there are legal implications.
NAPOLITANO: I say there are profound legal implications because you have to swear under oath. The second document, the one you just identified.
NAPOLITANO: Is the one that is the basis of the prosecution of General Petraeus, who signed the same document the day he left the CIA and, he says, forgot that he had loose leafs in a drawer in a desk in his home and when the FBI raided his home, they found them there and that's what he is going to plead guilty to -- the possession of documents that belong to the government in his home.