Judge Andrew Napolitano weighed in on Senator Rand Paul’s class action lawsuit against the president and NSA over the data collection program.

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A Justice Department spokesperson said in a statement: “We remain confident that the program is legal, as at least 15 judges have previously found.”

Napolitano explained that a class action is when a small group of plaintiffs sues on the behalf of others. In this case, Sen. Paul and his team are suing President Obama and the NSA on behalf of American citizens.

“Here the NSA, essentially, admits what it’s been doing. It’s been gathering this evidence about all Americans on a basis of… general warrants,” Napolitano said. “Sen. Paul and his fellow plaintiffs are merely asking a federal court to decide if that’s lawful and if it’s not, to make them stop.”

Napolitano said he shares in the grief of 9/11 families, and said the government should have done more to protect the country. However, he said the Constitution would have to be changed for the data collection program to be legal. “We don’t want a government here that is just like the governments we have fought overseas.”

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He called it the “great clash between privacy and safety,” adding, “when people are afraid, most people will opt for safety rather than privacy. But they don’t realize they’re losing the safety of their liberties.”

The judge predicted that the case will reach the Supreme Court about a year from now.

Watch the full analysis above, and don't miss Sean Hannity's exclusive interview with Sen. Paul, tonight at 10p/1a ET.