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A political columnist argued Monday that there is a "higher bar" for the Justice Department in deciding whether to indict Hillary Clinton over her private email server.

The National Journal's Ron Fournier made the point in a discussion on MSNBC's "Morning Joe."

"Politically, there are severe questions about her judgment that voters really have to look into. Legally… there is a higher bar you have to get over before you prosecute somebody who is running for president. That is just a fact," he said, prompting Joe Scarborough to ask "what statute" Fournier was referring to. 

Fournier further explained what he meant on Twitter after critics called out the statement.

Ashley Pratte and Brad Woodhouse discussed the comments this morning on America's Newsroom. They also weighed in on a new Politico report which stated that the number of FBI agents investigating the server is greatly exaggerated.

A Washington Post report had stated that there are 147 agents working on the investigation. 

Fox News senior judicial analyst Judge Andrew Napolitano said Monday that he expects to hear a decision on an indictment next month. 

He noted that federal prosecutors are beginning to set up formal interviews with some of Clinton's closest aides and possibly the former secretary of state as well. 

Watch the segment above.

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