Judge Andrew Napolitano weighed in on the scandal surrounding General David Petraeus’ resignation as director of the CIA. According to Napolitano, the emails between Petraeus and his mistress Paula Broadwell should never have been made public because they did not implicate criminal activity or national security.

Napolitano also argued that despite Petraeus’ position, he’s entitled to the same constitutional protection as the rest of us. He asserted that the FBI “can’t go on a fishing expedition” without establishing the probability of a criminal act.

“I think they ran amok with General Petraeus’ life and with his liberties and for that, he’s out of a job and it’s wrong,” Napolitano said.