Gen. David Petraeus has agreed to plead guilty to a misdemeanor charge in connection with his handling of classified material.

Judge Andrew Napolitano explained on "Fox and Friends" that Petraeus was charged with keeping classified secrets after he left the military and the CIA, despite signing a document saying he had returned those "black books."

Judge Nap pointed out that Petraeus was not accused of sharing those secrets with his mistress, Paula Broadwell, and only pleaded guilty to the "lowest level crime possible."

Could Hillary Clinton face similar charges for keeping classified information on her personal email account? Brian Kilmeade asked.

"If she kept information on her personal email account. Say, for example, the plans to seize and kill Obama bin Laden. That's the very same thing Gen. Petraeus is about to plead guilty to." Judge Nap said. "Keeping government materials in a non-classified place, non-secured, unapproved by the government."

"Will they prosecute her? Of course not."

Get more insight from Judge Nap in the clip above.