Judge Andrew Napolitano said Monday he doesn't believe that former FBI Director James Comey could be prosecuted for how he handled the Hillary Clinton email investigation.

Napolitano said that he doesn't understand Rudy Giuliani's feeling that Comey "has a chance" of being prosecuted.

Giuliani, President Trump's attorney, made the remarks Sunday on New York radio show "The Cat's Roundtable."

"I have been Comey's harshest critic, but I do not believe that judgment rose to the level of criminality," Judge Napolitano said.


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Napolitano said that Comey "stated the wrong law, he gave the wrong reasons, he interfered in the election" but that none of those rose to the level of criminality.

"If Hillary's so guilty, why doesn't the Justice Department indict her?" he asked.

He also said he expects the department inspector general's report on the Clinton email investigation to be highly critical of former Attorney General Loretta Lynch for her infamous tarmac meeting with Bill Clinton in 2016.

The meeting occurred while Hillary Clinton was being investigated for her use of a private email server while secretary of state, raising questions about whether Clinton received preferential treatment. 

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