A federal judge has agreed to reopen a lawsuit that seeks access to emails from Hillary Clinton's private server. 

The federal judge's decision marks the first time a court has taken action in the email scandal.

Judge Andrew Napolitano explained the particulars behind the Freedom of Information Act lawsuit this morning. 

Judicial Watch and the State Department - usually on opposite sides in these types of cases - are actually in agreement, with both asking Judge Reggie B. Walton for the documents to be turned over. 

Napolitano called Walton a "tough cookie" and "probably the last judge in Washington, D.C., [Clinton] wanted this issue to be in front of."

He said that the State Department consented to the request because they have been "embarrassed" by their lack of access to Clinton's emails. 

The court had previously dismissed Judicial Watch's request, thinking the documents did not exist. 

"Then, the scandal about the wiped server came out. ... [Judicial Watch] went back to the federal judge and said, 'would you reopen the case?' On Friday, he said, 'not only will I reopen the case, I will look into whether or not these emails, which she was supposed to keep, were destroyed or not," said Napolitano.

Napolitano said Walton could order Bill Clinton "to deliver the server to him, and he, a federal judge can hire experts to examine the server."

Napolitano said that Rep. Trey Gowdy's Benghazi Select Committee lacks that authority. 

Watch Napolitano's full analysis above.