President Barack Obama should leave it to the legal system to determine if Hillary Clinton is guilty of charges involving her email server or the Clinton Foundation, former New York City Mayor Rudy Giuliani said Thursday.

"I don't like to see America become a country in which we prosecute people, you know, about politics," Giuliani, who is an adviser to President-elect Donald Trump, told Fox News' "Fox and Friends."

"On the other hand, there are deep and disturbing issues there, in which if you don't investigate them, they are going to continue," he added.

Further, by not investigating Clinton, "what do you say to a foundation that, you have a fraud of $50,000, when you haven't looked at a foundation when there is an alleged fraud in the millions, hundreds of millions of dollars. It may be true, it may not be true, but it hasn't been investigated."

Trump during the campaign made repeated statements that Clinton would face prosecution if he were elected, including commenting in the last debate that if he were in charge of the law in the United States, she'd be in jail.

He also said during that debate, and at other times that he'd get a "special prosecutor" to come after her, and his comments, often repeated at his rallies, led to frequent chants of "lock her up" from supporters.

But on Thursday, Giuliani said Trump talked about an "independent counsel" — not an attorney general, but someone who would not be a Democrat or a Republican, but "somebody free of all political questions."

Giuliani also spoke out against news reports that colleges are allowing students to miss class, forego exams and more over their disappointment, calling such students "a bunch of spoiled cry babies" and insisting all students are not like that.

"Someone said we're bringing up a generation of cry babies," he said. "Most kids aren't crying. Most are going to class. I speak to a lot of college campuses. We're growing up a slightly higher percentage of conservative students than we used to. They are rebelling against the professors."

Giuliani blamed the unrest more on professors than students, and said young people are starting to realize they will need jobs when they leave school, so Trump's message resonated with "a lot more than you think."

Meanwhile, he said he thinks President Barack Obama handled himself with "dignity and professionalism" on Wednesday.

"I've always said this about President Obama, despite my deep disagreements with him, he's always been a gentleman, and he conveyed that yesterday at the right moment," he said, and Hillary Clinton "handled herself with dignity."

Politicians such as former House Speaker Nancy Pelosi and Massachusetts Sen. Elizabeth Warren have made statements about working with Trump, and Giuliani said he thinks that's a sign that they realized there was "something fundamentally wrong" with the nation's government.

Giuliani, who supported Trump for much of his campaign, has been mentioned as a potential cabinet member, but on Thursday he said such a decision will depend on many things, and he is happy where he is as a partner with the law firm of Greenberg Traurig.

"I run my own security firm," he said. "I travel to 12 countries a year. I advise several governments on security. You can't find a happier guy than me."

But if a president asks you to do a job, he continued, "I certainly would not go into that conversation with a firm no in my mind, but I would want to talk about maybe three or four other people that might be better for it. If there aren't, maybe I would do it."

Giuliani, though, said he thinks New Jersey Gov. Chris Christie, who was coy on NBC's "Today" show about his future in the Trump administration would be good for any position, and he doesn't believe he would do "anything as stupid" as to be involved in the Bridge-gate scandal.