Judge Andrew Napolitano believes that FBI Director James Comey is on his way out no matter who wins the presidential election on Tuesday.

The Fox News senior judicial analyst said on America's Newsroom that the FBI under Comey has become "highly political," and that it has tarnished the Bureau's image. 

Napolitano criticized Comey for giving Americans a "snapshot" of the email investigation last week - when he announced the discovery of new information on Anthony Weiner's laptop - and then another "snapshot" yesterday when he announced there would be no change to his July decision not to pursue charges against Hillary Clinton.

"He put a thumb on the political scale that will tarnish the FBI's reputation and, in my opinion most respectfully, prevents Jim Comey from staying on as FBI director no matter which of the two candidates is elected," he argued. 

The judge said Comey knows his "days are numbered" and is now just trying to preserve his and the FBI's reputation. Bill Hemmer asked about claims by Donald Trump and his supporters that the FBI could not possibly have examined the 650,000 emails at issue in just eight days.

Napolitano said the FBI set up software that could digitally examine the messages for specific keywords or phrases, isolating the ones that needed to be read. 

"They did that 24/7 for eight days and concluded yesterday afternoon ... that there is nothing in here that makes the case against her stronger. ... They're saying whatever we found on Anthony Weiner's laptop, we've either already seen it or it was not significant from a point of view of criminal prosecution," he explained. 

Napolitano emphasized, however, that he has long believed that there was already sufficient evidence to prosecute Mrs. Clinton for failing to secure state secrets.

Watch his analysis above.


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