The latest batch of Hillary Clinton emails released by the State Department early Friday contain what may be the smoking gun that forces the Justice Department to charge the former secretary of state with a crime, according to former federal prosecutor Joseph diGenova.

“This is gigantic,” said diGenova. “She caused to be removed a classified marking and then had it transmitted in an unencrypted manner. That is a felony. The removal of the classified marking is a federal crime. It is the same thing to order someone to do it as if she had done it herself.”

On the June 17, 2011, email chain with senior State Department adviser Jake Sullivan, Clinton apparently asked Sullivan to change the marking on classified information so that it is no longer flagged as classified.

Clinton, using her private email server, asks for “the TPs,” apparently a reference to talking points being prepared for her. Sullivan, who is using his official State Department email, responds, “They say they’ve had issues sending secure fax. They’re working on it.” Clinton responds, “If they can’t, turn into nonpaper w[ith] no identifying heading and send nonsecure.”

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