Syndicated columnist Charles Krauthammer told ‘Special Report with Bret Baier’ Tuesday that former secretary of state Hillary Clinton willfully “acted to destroy” email files created during her tenure that were stored on her private server in New York State.

"This is really an elaborate scheme, very obvious, not done for convenience, but done to conceal," Krauthammer said Tuesday after State Department spokeswoman Jen Psaki revealed that they "do not have any record of her signing" a "separation" form, or OF-109, declaring that Clinton surrendered all official records when she left office.

"It's not the OF-109, it’s the entire scheme that she did to remove files, to burn the files, essentially, and it wasn't her job to decide what's private or not," the Fox News contributor said. "Once you leave the government, it is clear that the regulations are that the department archivists decide what is government and what is not, and she decided and then acted to destroy the files."

“The penalty can be fines, imprisonment or both," Krauthammer added.