The legal noose around Hillary Clinton is getting tighter, Judge Andrew Napolitano explained this morning on "America's Newsroom."

On NBC's "TODAY" show, the former secretary of state appeared angry when asked about the House Benghazi Committee, arguing that the panel is conducting a "partisan political" investigation.

When asked about her private email server, she said that what she did was "allowed" even though it wasn't the "best choice." Clinton said each government official can determine which messages are personal and which ones are work-related. 

Napolitano said the "noose" is tightening and that Clinton created these problems for herself. He said some of her statements to Savannah Guthrie in the NBC interview were "materially misleading."

He said Clinton is going to have to "explain away" to the Benghazi committee, while under oath, how she could have believed that some of the emails were not classified.

Napolitano said that there are over 400 emails, which have been made public, that were clearly "confidential, secret or top-secret."

He said the travel plans of Amb. Chris Stevens in Libya were contained in the emails, along with a photo of a North Korean military installation and other sensitive items. 

"How could she even suggest that those were not classified materials?" he asked. 

Napolitano said there is a legal "gray area" on government officials deciding which emails are personal and which ones are governmental. 

"It definitely is not allowed under any circumstance, under any understanding of the law, for her to put classified material in a non-classified venue, which we now know she did over 400 times," he said.