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New developments in the investigation into Hillary Clinton's private email server appear to contradict her claim that it's merely a "security review," not a criminal investigation.

Judge Andrew Napolitano explained on "Fox and Friends" this morning that the Justice Department declined to respond to a Freedom of Information Act request related to the investigation because it involves "a law enforcement matter."

"We now know that it's not a 'security review,'" Judge Napolitano said.

He explained that whether it was intentional or inadvertent, the Justice Department has now publicly recognized the criminal nature of the investigation.

"This is the first time the Justice Department has acknowledged this is a federal law enforcement matter. But I doubt Mrs. Clinton will start saying that."

Meantime, Bill Clinton characterized the controversy as a "game" cooked up by her political opponents and likened it to a speed limit violation by a driver.

Napolitano said now the FBI's work is being "mocked" by the former president in addition to Mrs. Clinton.

He noted that there are "dozens and dozens" of agents investigating the Clinton Foundation and her private email server.

The judge said he expects that the email probe will wrap up before the Democratic National Convention.

Watch more above from the judge above and below.

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