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On "The O'Reilly Factor" last night, Judge Andrew Napolitano said the FBI is in the final stages of its investigation into Hillary Clinton and her private email server, and he believes the agency has more than enough evidence to indict and convict her.

He explained that the FBI doesn't make a recommendation about an indictment to the Justice Department, since they are working in tandem with the Justice Department.

FBI investigators don't do anything without being under the supervision of department prosecutors, he said.

"The evidence of her guilt is overwhelming," Judge Napolitano stated. "And the FBI knows a lot more about it than I do."

He said he is "100-percent certain" that the FBI has enough evidence to indict and convict.

Whether they do or not, however, is another issue and a politically-charged one, Judge Napolitano added.

Watch more from "The Factor" above.

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