Fox News senior judicial analyst Judge Andrew Napolitano said former FBI Director James Comey may have broken the law by leaking confidential memos and said he may have lied under oath before Congress.

Napolitano was asked on “America’s Newsroom” Monday if Comey broke the law by leaking confidential memos and he said it all depends on the material that was sent.

“It’s going to depend upon which four of the seven memos were leaked,” Napolitano said. “Whether anything in there was classified at the time, whether it was properly classified and whether the professor exposed classified materials. I don’t think the professor did this. This law school professor is a former ranking official of the DOJ. Who once had a security clearance and knows what it is like to deal with these things.”

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“It is clear that FBI And DOJ regulations were violated by the mere delivery of those memoranda — even if they didn’t contain anything classified, to the professor,” Napolitano said.

“This professor, Jonathan Turley, is correct there. But I think that the House Intel or Judiciary Committee is more interested in whether or not Jim Comey violated federal law. Not whether he violated D.O.J. Regs. For the simple reason that he doesn’t work for the Department of Justice anymore. They can’t do anything to him as a result of the violation of those regulations.”

Napolitano also accused Comey of lying during his Congressional testimony last year and said if Congress can build a case, he may be charged with perjury.

“He may very well have lied under oath,” Napolitano added. “Will he be prosecuted for lying or misleading the Congress? If it’s a clear case of lying or misleading I think he will be. If it’s a he said/she said, so to speak … I don’t think they will, because they don’t like to waste juries’ times with that.”

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