We learned Friday that no IRS officials - including Lois Lerner - will face criminal charges over the IRS scandal. 

Lerner was at the center of the political firestorm after Republicans accused the IRS of mistreating conservative groups who had applied for tax-exempt status. 

"We found no evidence that any IRS official acted based on political, discriminatory, corrupt or other inappropriate motives that would support a criminal prosecution," the Justice Department wrote in a letter to Congress.

Judge Andrew Napolitano was asked this morning whether he thinks that the Justice Department will, in the coming months, make a similar announcement regarding Hillary Clinton's private email server.

Napolitano said he does not believe politics will play a role in the ongoing FBI investigation because of the case's extremely high profile. 

"If the FBI recommends indictment and the White House says 'no,' you'll see resignations from the FBI and you'll probably see enough information about Mrs.Clinton leaked into the media, that it will be just as damaging to her political career as if she had been indicted," said Napolitano. 

The judge said he believes the "White House said no" to an indictment of Lois Lerner, just like in the case of Bowe Bergdahl.

"When the president's fingerprints are on a criminal prosecution, there is no trial because he could be called as a witness," he explained.

Watch more from "Fox and Friends" above.


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