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At a Democratic debate last night, Jorge Ramos pressed Hillary Clinton on the investigation into her private email server. 

"If you get indicted, would you drop out?" he asked.

"Oh for goodness sake. It's not going to happen. I'm not even answering that question," said Clinton to huge applause. 

Ramos also asked who gave her permission to use a private server while she was secretary of state. 

"Was it President Obama?" he asked.

Clinton argued that the same thing was done by her predecessors, Colin Powell and Condoleezza Rice, and so it was already permitted.

Fox News senior judicial analyst Judge Andrew Napolitano weighed in on this exchange on America's Newsroom, saying that Clinton made an "apples and oranges" comparison with previous secretaries of state.

He said Powell and Rice did not have servers in their homes, as Clinton did. 

"The secretary of state has two email streams: a regular email stream and a secret email stream. Mrs. Clinton hired, at her own expense, an information technologist, to divert both email streams to the home server. Secretary Powell and Secretary Rice did nothing of the sort," said Napolitano, lauding Ramos for demonstrating an "excellent understanding" of the issues in the case. 

The judge said that Clinton keeps repeating a misleading statement that she never sent or received any emails that were "marked classified."

"We know and the FBI knows and she knows that nothing is marked classified. And yet she continues to mislead the questioner, thereby sending, if you will, a dog whistle to the FBI: her natural inclination is not to tell the truth," he said.

Napolitano added that Mrs. Clinton continues to have a "false belief" that the investigation of her emails will just "go away."

"This is not gonna go away no matter how she may hope or wish with that it will."

Watch his full analysis above.

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