Judge Andrew Napolitano was on “The Kelly File” tonight to discuss two years of Lois Lerner’s emails, which the IRS says it has lost.

Napolitano said the FBI can recover almost anything, and there needs to be a way for it to look for the emails.

“The American public is entitled to confidence in the government,” he said.

‘A High Crime, Not a Triviality’: Krauthammer Slams Admin for Lost Lerner Emails

To the average American, Napolitano said it “looks like the IRS has willfully destroyed evidence […] in order to avoid revealing embarrassing violations of the law.”

In a civil case, Napolitano said he would tell a jury, “If the IRS has not produced evidence during the time period when the plaintiff said they were being harassed, you may infer from the IRS’s silence that if they did speak, their words would incriminate them.”

If the White House doesn’t have those emails, Napolitano said that the NSA has every email that has ever been sent or received in the United States since 2009.

IRS Says It Can’t Recover Lois Lerner’s Emails From 2009-2011

Watch the full analysis above.