Hillary Clinton’s email scandal has become a grave situation for her legal team, according to Judge Andrew Napolitano.

Clinton said yesterday that had directed her aides to turn over her personal email server to the Department of Justice following a report that it contained top secret emails.

FoxNews.com reported:

Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, said two emails that traversed Clinton's personal system were deemed "Top Secret, Sensitive Compartmented Information" — a rating that is among the government's highest classifications. Grassley said McCullough had reported the new details about the higher classification to Congress on Tuesday.

The State Department disputes McCullough's determination that the emails were classified at the time they were sent. McCullough had previously told Congress that potentially hundreds of classified emails are among the cache that Clinton provided to the State Department.

"Department employees circulated these emails on unclassified systems in 2009 and 2011 and ultimately some were forwarded to Secretary Clinton," said State Department spokesman John Kirby. "They were not marked as classified."

Napolitano revealed on “Varney & Co.” that the FBI has been in possession of Clinton’s server for a week, despite her announcement yesterday.

He also explained that FBI agents will be able to extract deleted emails and that they’ll be looking for evidence of crime and breaches of national security.

Serious FBI and Justice Department professionals, who are neither Democrats nor Republicans, will “do their duty and follow the evidence no matter where it leads them,” Napolitano said.

“This is [Clinton's] worst political nightmare and a grave legal problem,” Napolitano said on “Fox and Friends.”

Watch Napolitano’s “Varney and Co.” appearance in the video above, and watch his “Fox and Friends” segment below.

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