Judge Andrew Napolitano told viewers on "Special Report with Bret Baier" Thursday that if Hillary Clinton signed one of two key documents required of all government officials, she "probably committed perjury" in regards to the email controversy that has dogged her for weeks.

"There are two forms that she had to sign," the Fox News judicial analyst said of the former secretary of state.  "She had to sign one on day one, in which she took an oath to preserve, in the government's possession, government records. If she signed it, and two weeks later, diverted the government server to Chappaqua, NY, she probably committed perjury."

"The second one," he added, "the one you sign in your last day in office, in which you say, 'I have returned to the government already' - it's in the past tense - 'the records,' if she signed that, and did so under oath, as the document requires that you swear to it - she probably committed perjury."

Napolitano added that former CIA chief General David Petraeus will plead guilty in a similar situation - government papers were found in his home after he had left government service, despite the fact that he had signed the forms declaring that he had returned all government property before leaving his post.

Clinton has not publicly commented on whether she signed these forms, though Napolitano speculates that her actions could implicate her either way.

"We don't know if she signed this, but we do know - no one in the government would be authorized to exempt her from these documents."