engagements and the clinton foundation for a long time. martha: let's bring in steve hayes. other issue of is whether there will be a special council to investigate this email issue. then it will be a doj decision whether to prosecute. here is senator john cornyn. >> this is a test for her. she believes that politics ought to be subject gentlemen gate to the rule of law. and this is her chance. clear live if there is a conflict of interest, the appearance of a conflict of interest. martha: steve, what do you have think? >> i think that's a strong case that senator cornyn makes. you can point to the justice department defense of hillary clinton on these matters in court. just this past week and the past several months. you have got the f.b.i.