A Maryland judge has order an investigation into three lawyers who reportedly helped Hillary Clinton delete her private emails. But Judge Andrew Napolitano, Fox News senior judicial analyst, told the FOX Business Network’s Stuart Varney that the worst that could happen to them is a public reprimand.

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“This is not a criminal investigation and it’s not a civil lawsuit. It’s an ethics investigation,” Napolitano said on “Varney & Co.”

Napolitano sees criminal charges against Clinton as unlikely at this point.

“The government has chosen not to prosecute. [Attorney General] Jeff Sessions, the Justice Department, can investigate, indict and prosecute, but they choose not to do so,” he said.

Napolitano disagreed with the decision not to prosecute, telling Varney, “I think it’s a terrible decision not to prosecute. They should prosecute Mrs. Clinton because there’s ample evidence of her guilt, and they should prosecute anybody that destroyed evidence in a criminal investigation.”

When Varney asked Napolitano if he was disappointed with Sessions so far, Napolitano responded, “Yes, even though he’s my friend, I’m going to hear about this, yes, for this and for other reasons.”

According to Napolitano, the culture in government is holding back Sessions from pursuing an investigation against Clinton.

“It’s an institutional culture in government,” he said. “We don’t want to go after our predecessors because we don’t want our successors to come after us.”