Obama an unindicted co-conspirator in Clinton email felonies?

President Obama has made it official, endorsing Hillary Clinton for president.  If elected, she will serve her first term and his third, starting in January 2017 – that is, unless Hillary makes a different kind of history and president Obama is forced to pardon her after a possible and increasingly likely criminal referral by the FBI.  There is another wrinkle.  In a video of a Fox News interview, posted by Rick Wells on his website, ConstitutionRising.com, Fox News contributor Judge Andrew Napolitano tells host Steve Doocy that President Obama may be criminally liable as well:

Now that he's formally endorsed his corrupt former Secretary of State for Criminal-in-Chief, the concerns expressed in this video by Judge Andrew Napolitano become even more real. Napolitano is concerned about the pressure that the endorsement puts on both FBI Director Comey and Attorney General Loretta Lynch to do the "Obama shuffle" and fail to pursue the criminal Mrs. Clinton. He's also uneasy about the position the investigating agents will find themselves in. In that regard, Napolitano has concerns on two fronts, the investigations into espionage and public corruption by Mrs. Clinton. ...

Napolitano adds in closing, "The 'president's' conflicts are unbelievable. Some of the top secret information found on Mrs. Clinton's server was emailed to her by 'president' Obama. So he, himself, participated in taking State secrets and putting it in a non-secure venue. Might he have to be a witness in the case against her? And might that influence his decision about whether or not she can be indicted?"

Emailing Hillary Clinton on her unsecured server makes Obama an unindicted coconspirator in her email lawbreaking.  How many of her deleted emails contained discussions of Benghazi or the video lie?  Foreign hackers and foreign governments would love to get their hands on exchanges between a sitting president and his secretary of state.

Defenders of Hillary Clinton claim that it has not been proven that foreign hackers ever accessed Hillary's unsecure server, kept in the bathroom of her house.  Even if true, it means nothing.  She put American state secrets and American national security at risk.  She is certainly as guilty as David Petraeus of the crime of "gross negligence" in her handling of national secrets by exposing our most classified secrets to foreign enemies on an unsecured server in her private residence.  As Fox News's Catherine Herridge noted in her blockbuster report:

According to court documents, former CIA Director David Petraeus was prosecuted for sharing intelligence from special access programs with his biographer and mistress Paula Broadwell. At the heart of his prosecution was a non-disclosure agreement where Petraeus agreed to protect these closely held government programs, with the understanding "unauthorized disclosure, unauthorized retention or negligent handling ... could cause irreparable injury to the United States or be used to advantage by a foreign nation." Clinton signed an identical non-disclosure agreement Jan. 22, 2009. 

According to John R. Schindler, a former National Security Agency analyst writing at The Observer, Hillary's server has indeed been hacked, despite Team Clinton's claims to the contrary:

This is deception of a special kind. In the first place, why has the Romanian hacker Guccifer pleaded guilty to hacking into Hillary's server if he did not, in fact, do so? Moreover, the FBI has been in possession of said server for months, and they have uncovered several successful hacking efforts into it when it resided in an upstairs bathroom of the Clinton residence in Chappaqua, New York.

"We know it was hacked numerous times, it's that simple," explained a senior U.S. counterintelligence official who is privy some of the FBI's findings. "If I were Vladimir Putin I'd fire the head of the SVR [Russia's Foreign Intelligence Service] if he didn't get a good look at Hillary's emails when they were sitting in plain sight online," he added with a laugh. ...

John Kerry, Ms. Clinton's successor at Foggy Bottom, stated that it's "very likely" foreign spy agencies – especially Russia's and China's – are reading his unclassified state.gov emails (the kind Ms. Clinton refused to use, opting instead for her homebrew server which was wholly unencrypted for a time).

Robert Gates, President Obama's first secretary of defense, stated "the odds are pretty high" that Clinton's emails are in the hands of the Russians, Chinese and Iranians. Since Gates – before taking over the Pentagon – served as a career CIA officer and then director, his opinion carries weight. To say nothing of the fact that neither John Kerry nor Gates is exactly a member of the "Vast Right Wing Conspiracy," which the Clintons see lurking behind every tree inside the Beltway.

As The Hill reports, Guccifer found Hillary's email server easy pickings:

Marcel Lehal Lazar, known by his online alias "Guccifer," admitted in a statement as part of his plea deal that he intentionally gained access to about 100 Americans' accounts between 2012 and 2014 without their consent.

Victims included a family member of two former presidents, a former Cabinet member, former Joint Chiefs of Staff member and a former presidential advisor, according to prosecutors.

Lazar was widely expected to plead guilty to the federal criminal charges.

This month, Lazar claimed to have also broken into Clinton's "completely unsecured" server, which he compared to "an open orchid on the internet."

This exposes Hillary Clinton to a huge legal liability.  As The Daily Caller notes, under the Espionage Act, Clinton could be charged, and convicted, of three felonies and one misdemeanor, with incarceration at a federal facility of anywhere from one to ten years:

Democratic presidential candidate Hillary Clinton and key aides are vulnerable to three felony charges and one misdemeanor count under the Espionage Act because of the unauthorized transfer of classified documents to her private email server, former national security and law enforcement officials tell The Daily Caller News Foundation. ...

Clinton and her aides also could be charged under section 1924, which is a misdemeanor. This was the April, 2015, charge former CIA Director David Petraeus negotiated with prosecutors for sharing classified information with a mistress who also served as his biographer. ...

Penalties for Espionage Act felonies involving federal officials who "knowingly remove classified material without the authority to do so and with the intention of keeping that material at an unauthorized location" are up to one year and $1,000. Petraeus was fined $100,000 for his misdemeanor case.

If the removal makes classified information available "to an unauthorized person," the fines escalate to $10,000 and 10 years in prison. The penalties increase to 15 years per count if any the disclosure of information identifies a covert agent.

President  Obama's is the first presidential endorsement of a candidate under active criminal investigation – a huge conflict of interest, as it is his attorney general, Loretta Lynch, who would have to proceed with an indictment of the person her boss has just endorsed for president.  As Gerald Ford  pardoned Richard Nixon, Obama may yet have to pardon Hillary, and perhaps even himself.

Daniel John Sobieski is a freelance writer whose pieces have appeared in Investor's Business Daily, Human Events, Reason Magazine, and the Chicago Sun-Times among other publications.