Clinton being sued by parents of two Benghazi victims

The families of two men killed in the terrorist attack in Benghazi are suing Hillary Clinton for "reckless handling" of classified information that contributed to their deaths.

The suit was filed in federal court by Freedom Works on behalf of Patricia Smith, the mother of Sean Smith, and Charles Woods, the father of Tyrone Woods.  The suit charges Clinton with wrongfully causing the deaths of their sons as well as with defamation and intentional and negligent infliction of emotional distress.

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The lawsuit suggests that Clinton's use of a private email server contributed to the deaths of Smith and Woods, adding that terrorists were able to "obtain the whereabouts of Ambassador Christopher Stevens and thus the U.S. State Department and covert and other government operations in Benghazi, Libya and subsequently orchestrate, plan, and execute the now infamous September 11, 2012 attack."

"Having used a secret private email server that we now know was used to communicate with Ambassador Christopher Stevens with confidential and classified government information, and which we also now know was likely hacked by hostile adversaries such as Iran, Russia, China and North Korea aligning with terrorist groups, it is clear that Hillary Clinton allegedly negligently and recklessly gave up the classified location of the plaintiffs' sons, resulting in a deadly terrorist attack that took their lives,” Klayman said in a statement announcing the suit.

In addition to the wrongful death and negligence charges named in the suit, the parents also claim that Clinton defamed them in statements to the media, according to court documents.

"During her campaign for President, Defendant Clinton has negligently, recklessly, and/or maliciously defamed Plaintiffs by either directly calling them liars, or by strongly implying that they are liars, in order to protect and enhance her public image and intimidate and emotionally harm and silence them to not speak up about the Benghazi attack on at least four separate occasions," Klayman wrote in his complaint.

Patricia Smith has previously spoken out against Clinton, most recently at the Republican National Convention in July.

Clinton's campaign has not yet responded to requests for comment about the lawsuit.

In an interview last week on "Fox News Sunday," Clinton denied telling family members of those killed that the attack was sparked by an anti-Islam video, and was not terrorism.

She instead suggested the family members misunderstood her because they were overwhelmed by grief.

“I understand the grief and the incredible sense of loss that can motivate that,” Clinton said. “As other members of families who’ve lost loved ones have said, that's not what they heard. I don't hold any ill feeling for someone who, in that moment, may not fully recall everything that was or wasn't said.”

Suing an individual cabinet member is a shot in the dark, and legal experts don't give the plaintiffs much of a chance.  But with that in mind, if a judge allows the suit to proceed to the discovery phase, Clinton will be put under oath to answer specific charges, especially relating to her lies about the parents.  Those are public statements not related to any national security concerns, so Clinton could hardly claim that the information was classified.

But it's likely a judge will throw the entire suit out before it reaches that point. 

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