"fox & friends." who knows. gathering and transmitting information relating to national defense, not securing it. that is a 10-year stint. >> kimberly: he is not wrong about the law and the penalty. whether or not there's going to be the wherewithal and the intention, motivation to be able to follow through on the charges and pursue them. it's interesting because there's been so much we've been discussing and going through with this but that's something people thought was going to come back like the ghost of christmas past. let's take a look at this again. with a properly maintained, classified materials? was there a breach? if so, was it intentional? is it something she should be investigated, prosecuted for? now we see the decision with respect to mccabe and saying perhaps they're not going to pursue it. >> jesse: with respective mccabe, juan, if you're going to do things by the book, he lied four times, three times under oath.