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Judge Andrew Napolitano said it's "very unusual" that the Justice Department has been slow to release documents related to how the FBI handled its investigation into Hillary Clinton’s email server.

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) on Sunday said he is prepared to subpoena the DOJ to obtain more than one million missing documents related to the case.

"It's very unusual that a Republican Department of Justice is resisting the efforts of a Republican House of Representatives judiciary committee to find out what happened when the Democrats ran the Department of Justice," Napolitano said on "Fox & Friends First."

He suggested there is an institutional attitude in the DOJ -- and to some extent in the FBI -- to "protect their own" from scrutiny.

Despite that, he said, Congress has every right to see the documents, as only 3,000 of the 1.3 million records have been released, and those were heavily redacted.

"The reason this story has legs is because the evidence of Mrs. Clinton's guilt is overwhelming. And the excuse given for her exoneration is not credible. And now a Republican Congress wants to know why this happened," Napolitano said. "What is the House looking for? Political bias rather than law enforcement decisions."

Watch more above, and see Judicial Watch's Tom Fitton explain why he thinks the FBI is in "cover-up mode."

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