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If Rudolph Giuliani were prosecuting Hillary Clinton for her emails, she would already be indicted, the former federal prosecutor told CNBC on Friday.
"The two main elements to prove intent is destroying evidence — well, she destroyed 33,000 emails — and what we call false exculpatory statements. You've got at least 12 lies," the former New York mayor said on "Squawk Box. " "How about 'I had only 1 cellphone?' She had 13 cellphones, and they've all disappeared. How could 13 cellphones disappear unless you destroyed them?"
Clinton has said she did delete the emails on the belief they were not related to her work as secretary of state.
According to The Hill, the FBI investigation uncovered 13 total mobile devices associated with Clinton's two known phone numbers that she may have used to send emails.
Though the FBI was unable to uncover any of the devices, the report did not find that she used more than one device at a time while secretary of state.
The Clinton campaign did not immediately respond to CNBC's request for comment.
Though he would not confirm whether he would want a personal stake in a Clinton prosecution, Giuliani stood by the evidence he believes is enough to cause significant setbacks for Clinton.
"I've prosecuted a lot of cases. I've never seen one with more evidence against Hillary and her whole band of co-conspirators. I see it as a racketeering case," he said.
The New York Reublican, an outspoken Donald Trump supporter, has repeatedly condemned Clinton and deemed her untrustworthy based on her alleged mishandling of classified information.
Emails recently uncovered on ex-congressman Anthony Weiner's computer that FBI Director James Comey said "appear to be pertinent" to the original Clinton probe have provided new fuel for the Trump campaign in recent weeks.
When asked about President Barack Obama's involvement in the election and his views on the current administration, Giuliani fired back.
"This is a president that has probably been the worst president of my lifetime. I mean, deals with Iran, Iraq. He took over a world that was relatively stable and he leaves us with a world that's in chaos," Giuliani said, echoing Trump's accusations that the Obama administration contributed to the rise of ISIS.
"We didn't have ISIS when he came into office. He and Hillary helped make ISIS possible," the former mayor said.
And, if Clinton is elected Tuesday, Giuliani said, Congress won't stand down.
"If she goes into the White House, there's no way the House of Representatives doesn't continue this investigation, and now I know the evidence is there," he said. "The FBI, once they get their teeth into this, are not going to walk away. They're permanent."
On Thursday, three new NBC News/Wall Street Journal/Marist polls showed Trump maintaining a stronghold in typically Republican states like Arizona and Texas. Georgia, however, was a toss-up between the candidates, with Trump ahead by only 1 point among likely voters.