Judge Andrew Napolitano said today his "gut" feeling is that the Justice Department will end up bringing charges against Hillary Clinton over private emails that contained classified information.

There are now reportedly more than 300 emails that have been flagged as potentially classified. The number could grow as federal agents continue to go through the trove of documents.

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Meantime, journalist Bob Woodward likened the email scandal to the Watergate tapes that brought down President Richard Nixon. 

In a "Fox and Friends" interview, Napolitano agreed with the assessment, saying just like Nixon, the former secretary of state seems to not realize that she's in "serious trouble."

He pointed out that the team of FBI investigators and federal prosecutors looking into the emails is the "highest and best in the Justice Department."

"It's absolutely apolitical. It's impervious to political consequences," said Napolitano.

He said if President Obama tries to stop a prosecution of Clinton, FBI Director James Comey would not stay "quiet" about it. 

Napolitano recalled that Comey spoke out in opposition to a decision by then-President George W. Bush that he did not agree with. 

Napolitano pointed out that Clinton's story has changed over the past few months. 

"Her first argument was, 'there are no classified materials.' Then, she changed it to, 'I didn't send or receive anything that was marked classified,'" the judge said.

He explained that in a trial, she would have to take the stand and explain how she could have thought that "satellite photos of Yemen," for example, would not have been considered classified material.

Napolitano predicted that the announcement on whether there will be charges against Clinton will be made in five or six months, right around the time of the New Hampshire primary. 

Napolitano said that if Clinton becomes president, she could actually pardon herself.

"It'd be the first time in history, but she [would] have the authority," he said.

Watch his full analysis above.

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