Congressional investigators are trying to figure out the next move after learning that Hillary Clinton wiped clean her personal email server last fall. 

Rep. Trey Gowdy (R-S.C.), chairman of the Select Committee on Benghazi, criticized Clinton Friday for "unilaterally deciding" to delete the emails. Gowdy added that Clinton made herself the "sole arbiter" of what would be kept and what would be deleted.

“While it is not clear precisely when Secretary Clinton decided to permanently delete all emails from her server, it appears she made the decision after October 28, 2014, when the Department of State for the first time asked the Secretary to return her public record to the Department,” said Gowdy. 

Judge Andrew Napolitano reacted this morning to the latest development in the email saga, telling Bill Hemmer said Clinton will be in legal trouble if there is a federal prosecutor with "enough courage" to pursue a case.

He listed a myriad of possible criminal violations, including keeping classified information in an unsecured location and diverting public records from the government. 

"She now has admitted to destroying subpoenaed evidence after she was on notice of the existence of the subpoena. That's known as obstruction of justice, as well as destruction of the documents," said Napolitano. 

The judge added that it will be up to Eric Holder or his soon-to-be successor, Loretta Lynch, to direct the prosecutor for Washington, D.C., to present evidence to a grand jury. 

He also disagreed with those who argue that the email controversy will not hinder Clinton's expected presidential campaign. 

"If Republicans pound away at the now 20-year-long perception that the Clintons believe they're above the law, this will be a serious problem for her. It'll also be a problem for President Obama. Why aren't you having your prosecutors prosecute her? You went after General Petraeus for having some documents in a desk drawer. She destroyed evidence after it was subpoenaed! There are different weights of crimes. His is down here, hers are up here," he argued.

Watch his full analysis above.


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