Tucker: Flynn's Guilty Plea Doesn't Prove Collusion

Judge Nap: How Flynn Plea Deal Could Lead to 'Constitutional Crisis'

Fox News senior judicial analyst Judge Andrew Napolitano said there is "overwhelming evidence" of Hillary Clinton's guilt and the investigation of her private email server should be reopened.

"I have been arguing for 11 months, the duration of the president's term in office, that Attorney General Sessions should reexamine the file. Give it to a half-dozen prosecutors and tell them to present it to a grand jury. Why they're not doing it is beyond me," he said on "America's Newsroom."

Earlier today, President Trump said he "feels badly" for Gen. Michael Flynn, saying it's "unfair" that his former national security adviser was charged with lying to the FBI, while Clinton was not.

"Hillary Clinton lied many times to the FBI, nothing happened to her. Flynn lied and they destroyed his life. I think it's a shame," he told reporters as he departed the White House.

.@POTUS: "Hillary Clinton lied many times to the FBI, nothing happened to her. Flynn lied and they destroyed his life. I think it's a shame." pic.twitter.com/WbHX4gxO48 — Fox News (@FoxNews) December 4, 2017

Trump went after the FBI on Sunday in a series of tweets, highlighting the fact that an agent was removed from Special Counsel Robert Mueller's investigation for exchanging texts with a colleague that could be interpreted as showing political bias against President Donald Trump.

The agent, Peter Strzok, played a role in a number of other politically sensitive cases, including the Clinton email investigation.

After years of Comey, with the phony and dishonest Clinton investigation (and more), running the FBI, its reputation is in Tatters - worst in History! But fear not, we will bring it back to greatness. — Donald J. Trump (@realDonaldTrump) December 3, 2017

Tainted (no, very dishonest?) FBI “agent’s role in Clinton probe under review.” Led Clinton Email probe. @foxandfriends Clinton money going to wife of another FBI agent in charge. — Donald J. Trump (@realDonaldTrump) December 3, 2017

Judge Napolitano said he does not see the news as a big deal unless Strzok's political leanings "clouded or animated [his] behavior" in the investigations. He said FBI agents have political views just like anyone else, but they do "an apolitical job" nonetheless.

He said FBI agents would not have decided whether Clinton was charged, explaining that Justice Department attorneys would have made that decision.

"In the Hillary Clinton case, it never made its away to Justice Department lawyers. Jim Comey short-circuited it and said we're not gonna prosecute," said Napolitano.

Watch Judge Napolitano's take above.

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