Judge Andrew Napolitano weighed in this morning on a new report that claims Hillary Clinton may be off the hook on allegations of a "pay-to-play" while she was secretary of state. 

The CNN report claims that FBI agents asked the Justice Department to look into the Clinton Foundation earlier this year, but the DOJ declined to pursue the case.

Napolitano, Fox News senior judicial analyst, cast doubt on the report based on his understanding of the "way the FBI works." 

Earlier this week, Conservative watchdog Judicial Watch released 44 new email exchanges which it says were not in the original 30,000 handed over to the State Department, despite the Democratic presidential nominee's claims she turned over all work-related emails amid the now-closed probe into her private server use.

The documents, produced as a result of the group's FOIA lawsuit, appear to challenge Clinton's insistence that there is "no connection" between her family foundation and her work at the department.

Napolitano explained that the FBI is an independent agency when it comes to the "evidence-gathering" stage of an investigation. 

"The FBI is investigating the Clinton Foundation because the evidence of public corruption, making decisions as the sitting secretary of state ... in order to benefit her husband and her husband's foundation is simply overwhelming and cannot be avoided," he said. 

He said the report is "spin" from those who do not want the Democratic presidential nominee to be under investigation. 

Last night on "The Factor," the judge explained why he believes the Foundation case is an easier one for the FBI to investigate than the email scandal. 

Watch the full analysis above.