In an interview with FOX Business Network’s Stuart Varney, Judge Andrew Napolitano said the Justice Department “should prosecute Mrs. Clinton because there’s ample evidence of her guilt…”

Responding to a Maryland judge’s investigation into Hillary Clinton’s deleted private emails, Napolitano said, “This is not a criminal investigation and it’s not a civil lawsuit. It’s an ethics investigation.”

Because the investigation is not a civil lawsuit, Napolitano finds it unlikely that Clinton will face criminal charges, saying, “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.”

As far as Sessions’ decision not to prosecute Clinton, Napolitano disagreed, telling Fox, “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.”

Judge Napolitano is disappointed in his friend Sessions and blames the “institutional culture in government, “claiming, “We don’t want to go after our predecessors because we don’t want our successors to come after us.”