"There's more here than meets the eye."

That's what Fox News senior judicial analyst Judge Andrew Napolitano said today about the secret arrest of an NSA contractor. 

Thomas Martin III, 51, a former Navy lieutenant who worked as a contractor for the same cyberoperations firm as infamous leaker Edward Snowden, was arrested on Aug. 27.

He allegedly stole top-secret intelligence, along with a code used by the U.S. to hack foreign governments, Stuart Varney said.

Napolitano explained that from what we know, Martin is accused of removing the top-secret software from his NSA office but not accused of selling or leaking the materials. 

The judge said one "strange aspect" of the case is that it happened two months ago, but we've only learned about it now. Martin has been jailed without an indictment or an opportunity to post bail for 45 days, he explained. 

He said that the charge for Martin is considered a low-level espionage charge and one that Hillary Clinton could have faced over her private emails.

The judge said the "mystery," as he sees it, is why the FBI would pursue such a low-level charge for Martin but then persuade a judge that he should not receive bail and keep the arrest secret for 45 days.

Napolitano said that in August, someone in the NSA leaked some of the hacking material to the public. 

"If it wasn't him, is it someone else? Is there a confederate, a conspiracy amongst some people in the NSA to expose these things?" the judge asked.

Watch the discussion above.