a private server from her home. at the end of last year, clinton turned over 55,000 pages of correspondence, she turned that over to the state department as required by law. the chairman of the benghazi committee said he learned about the personal e-mails last summer. and found out only recently they were the only accounts she has and she never had an official state account. heara again now. >> it is everything our founders were afraid of. everything our constitution was designed to prevent. >> chief white house correspondent ed henry live on the north lawn. all right, head so much to get to. but secretary clinton has railed against secret e-mail accounts in the past, we just heard it. >> reporter: secretary clinton was among many democrats then as a senator, who they were going after karl rove, other top bush officials who were using g.w. bush server e-mail for official corps upon dense. now it's been turned around on the clinton administration. listen to what mrs. clinton said about all that back then. >> our constitution is being shredded. we know about the secret wiretap wiretaps, the secret military secret e-mail accounts, it's a stunning record of secrecy and corruption, of cronyism run amok. >> i asked josh ernest whether this white house knew about the fact that secretary of state clinton, then secretary of state had her own server at her home and that her e-mails were going through there. and he said i don't know the answer to the that and several other reporters ss ss questioned him about what they knew. >> especially when they're saying whatever [email protected]. this is raising a bunch of new questions about benghazi, so go again, what are you learning? >> reporter: what's interesting about this is that josh ernest for two days now has said this white house, the administration at large has cooperated with what they call legitimate constitutional investigations. what are you referring to when wru say legitimate. i pressed josh ernest on why it is we learn now that it was only because of trey gallagher's committee that we just learned about e-mails that were never turned over about benghazi. >> you said there was seven investigations into benghazi. but you acknowledge, none of these seven committees got anything from hillary clinton. you stood there, jay carney stood there for years saying those committees did not get any e-mails from secretary clinton. >> those seven committees concluded that no wrong doing was done by anybody in the administration. >> no wrong doing, but we have not seen secretary clinton's e-mails. another reporter pressed josh ernest on you keep saying this is what secretary clinton tells us, are you confident they're telling you the truth? he says i'm confident this is what they're telling us and there's no reason not to believe them. and secretary clinton's team is saying we saved everything we didn't delete anything, but the white house doesn't know what's in there. >> we're going to have much more on this story throughout this snow. first, though we want to go to the supreme court because arguments wrapping up now in that indication challenging the legality of obama care subsidies republicans ready with a plan if subsidies are ruled illegal. the law stems in a rule of law offering subsidies for coverage from an exchange englishstablished by the state, not federal. great to have you back on the raem story. you were in there today what happened? >> well, there were a lot of questions and discussions about whether the president acted illegally which i believe he did by having the irs give subsidies to many people when the law says it can't. that is the discussion, does the law actually mean what it says or does it mean what the president wishes it says. >> so it really comes down to the meaning of those four words of the text, established by to the state, right. >> well, it duds,oes, i've been in a state senate, and for years the federal government says we'll give you this if you do this and some states say yes, and others say no. and several states said we don't want obama care here in our state so those people went on the federal exchange, but the subsidyies were not supposed to follow them there, that's at the heart of this. and the justices will rule on this in about 3 1/2 months and i think they'll come out an say the president has acted illegally. >> three republicans have come together, you are one of them to actually give a plan of action, if that happens. because you've got to remember that last week sylvia burwell of obama care, she doesn't have any solutions so what are your solutions? >> the administration says they have no plan b and they're basically burying their head in the sand. what republicans are ready to do is protect the people, but not protect this law. we want to do it by setting up a temporary transition for people who are currently setting up subsidies and get them off of obama care ux and getting better insurance in their home state where is they have much more flexibility where there's more freedom, more choice then the states can decide whether the individual mandate applies or not, the employer mandate applies or not. >> we will see how the supreme court rules, thank you so much senator, great to see you. >> thanks for having me, gretchen. back to the e-mails of then secretary of state hillary clinton, one of the big things coming out is that clinton set up and ran the e-mail server from her own home in the state of new york. morgan wright is a cyber security analyst and the founder of safe life, and ronald kaufman who is an expert on the presidential compliance with the presidential records act. shannon, let me start with you, because you have been on the inside, you are an expert at this. who would hillary clinton have gone to authorize the fact that number one she could use only private e-mails, not a government account and number two that she could set up the server at her private home? >> that's my favorite question, gretchen, who said this was okay? because if you review to thehe federal records act you know that all the records of the agency have to be preserved by the secretary and here's a indication where the secretary is deliberately flouting that law. >> who should we go to? >> you would think she would ask her lawyers, but i haven't heard anything from anyone in this administration that have said our lawyers have said this is fine and i have a hard time believing any lawyers would do so. it's not just the federal records act, gretchen there's a criminal prohibition here, that says that the custodian of any federal record can't conceal that record. and what is this but concealment of federal records? >> i want to get to more ganggan now because there were so many questions on whether this was safe, using this server for these e-mails. and tell me about hacking and how these could be out there somewhere in the cyber world? >> the fact that the e-mails were hacked, exposeds the fookts that the private e-mail they were using was secure, it wasn't. the real question was how did she access the e-mails? was it a government supplied blackberry? the government has to con figure that to do it. but you have problems of introducing mall ware, we know the chinese are expert at delivering fishing attacks, where you click on it and it allows you access inside the system. i heard the press con fence earlier that they denied any classified information was done. but you can't answer that question until you do a forensic analysis of the server and the devices that were used to do it. >> why was nobody especially that was receiving his e-mails, what it was at the state department or anywhere else in this administration why wouldn't they have said something? >> why wouldn't congressional investigators look deeper when eric maile maim that -- everyone that received e-mail from her knew there was a problem. the secretary might be able to use incidental personal e-mail. but that's clearly not what was going on here. 55,000 pages of e-mails that we know of were through this private, mail account. hillary clinton has a lot of questions to answer here. >> all right, so, morgan, back to you, as a cyber security guy why would somebody want to have a server in their own home? >> that is a policy question, not technology, and the real question is they want to prevent others from seeing their communication, there's no technology reason why you would do it because the state department already puts protections for their e-mail system. any time you go outside of it and you connect two systems together that have not been protect protected, you introduce vulnerabilities. if goosefer got into it anybody else could have gotten into it. >> i have a feeling i will be talking to you guys again soon. so israel's prime minister remember that? that was yesterday, delivering a passionate speech to congress on iran. ohio governor john kay sick, he was there to support israel and he's going to be here on the real story to tell us why negotiating with iran could be problematic for his own kids. and american b-2 bombers taking it to isis, but now the iraqi government says the u.s. is not doing enough. my house... it's a full day for me, and i love it. but when i started having back pain my sister had to come help. i don't like asking for help. i took tylenol but i had to take six pills to get through the day. so my daughter brought over some aleve. it's just two pills, all day! and now, i'm back! aleve. two pills. all day strong, all day long. and now introducing aleve pm for a better am. ♪ help join a continent with nearly 3 million rugged square miles with a single broadband connection. when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. just stay calm and move as quietly as possible. no sudden movements. google search: bodega beach house. fox nauz a -- fox news aletter now. this is the case we have been telling you about out of brooklyn new york, but the most alarming thing that came out of this case, was that part of what was used as evidence part of the treasure trove that was discovered in osama bin laden's treasure trove. now we know that? al qaeda operative, abid naseer convicted on all of the terror charges. in the meantime, developments on the speech of netanyahu dozens of democrats and every member of the obama administration not in attendance. but ohio governor john kasich was there saying he was going there to support israel. now he's here on the real story. why was it so important to you governor, to be there in person? >> gretchen, i've been interested in this since i was a very young man in terms of foreign policy in and of itself and particularly with israel. and i do run a pretty big, important powerful state and i thought it was important to make a positive statement towards israel and also have great concerns not just in terms of the threat that israel will face with a nuclearer eriran but i also worry about the proliferation, and the spread of the material, these are organizations we know they have no limits. so you know i thoughts the prime minister did a good job. i'll tell you what he said. first he praised the president. the second thing he said don't trust people with a bad deal. i've been involved with negotiations, don't fall in love with your goals because sometimes you can make mistakes but thirdly, he said, look, iran will change their way and start to join the community of nations, then we can talk. the president said we can't hear anything new, i thought that was a pretty good road map myself. >> i wanted to take it a little bit more personally with you, because i know a lot of people at home and myself included who have children are wondering what the world is going to look like if iran gets a nuclear weapon. i know you have concerns for your daughters, right? >> i've been worried about this for a long time even before i had kids and thought about maybe there ought to be some sort of a registry at the united nations. i suggested this many years ago, where if you are dealing with the softphisticated materials that can lead to this kind of destructive weapons that the world needs to know about it. now we're facing a country like iran that's been so much against israel, so much against the world that shares our western values, if they end up with a nuclear weapon, and if they start proliferateingproliferating, and we have arrangements and if north korea starts to send ships out on the high seas, we have an ability to stop it to make sure they're not proliferating, so if everybody in the world starts to get nuclear weapons what is the likelihood that at some point those weapons get used in my lifetime, but more important in my daughter's, i have twin daughters who are 15. >> your appearance at netanyahu netanyahu's speech is r spurring talks of a presidential come pain. do you want to make an announcement. >> all my options are on the table and i'm pushing for a federally balanced budget which i think would restrain congress and force them to make decisions and not to kick the can dun to the road. and in ohio we're up almost 300,000 jobs, we're running surpluses we have the most tax -- no options are off the table. one more thing i want to mention about the speech yesterday. >> okay. >> i saw people in the chamber, particularly democrats standing up and cheering, and i thought, my goodness we're united. and then they left the floor and in some ways started viciously attacking netanyahu, if you don't like what he'sying don't stand up and cheer. it's pretty simple don't stand up and cheer and run outside and say vicious things, i'm disappointed in my democratic friends. >> i'm not sure if they were in the speech or the more than 50 who did. >> the ones i saw, they were standing up and cheering. gretchen, we're cheering for you. >> i love ohio, i worked in cincinnati, cleveland, and my husband is from columbus i got it covered. we have breaking news now on whether hillary will face a subpoena for her personal e-mails and did she break the law? our panel breaks down the rules for online messaging. you're going to be surprised what we found out. 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[whistle] purina pro plan. nutrition that performs. the house committee strengthing benghazi could subpoena hillary clinton's e-mails. colin powell also relieded on private e-mail when he was in office. after he left a rile change in 2009 only required government officials the to archive e-mails, but larger bans on personal e-mail use for government officials became law in 2013 or 2014. after hillary left office. a lot to chew on here. people want to know, did she break the law? >> i'm going to say no because at the time she did what she did when she used her own personal e-mail, the law was nebulous. it didn't say you couldn't use your own e-mail, it said use of e-mail had to be preserved. what did she violate? if we can get those e-mails now and they were preserved, there's no law broken. >> the question for me is, how do we know that she plowreeserved all of them and how do we know that she turned all of her e-mails over to the state department? >> on a technology basis, there may be a way to tell. if all of a sudden she's turning over and they have dates and times and there's some big gap, she was giving e-mails, and then there's a day or three days. >> she's the top dog at to the state department. >> i'm talking about now who's investigating it. they're looking for approximate approximate -- they're looking for benghazi e-mails. they're going to look at the sequence of what is turned over, this is what they do in a criminal case if you're just a regular person. was there a crime? you can't be convicted of a crime that didn't exist at the time that you committed it. >> but going over all these e-mails, a lot of people are sitting at home saying there's got to be more to this. why would somebody set up their own server why would somebody not turn over their e-mails when asked? >> we have our own server hillary clinton is a brand and a business which explains her own server. was she using an alias? she's not hiding them. >> when you become a secretary of state, there is a common sense assumption that you're going to use your secretary clinton@blahblah clinton@blahblah clinton@blahblahblah@ clinton@blahblahblah@ clinton@[email protected]. >> federal law regarding the use of personal e-mail to do government business changed in 2014, after hillary clinton left her secretary of state post. it is now officially illegal to use a nonofficial e-mail account to conduct public business. unless an employee copies their official e-mail account on the correspondence or forwards a complete copy of the personal account within 30 days. but agencies allowing employees to do business on nonstate department e-mail accounts had to ensure that any records were preserved in the appropriate agency recordkeeping system. this is where it gets really murky. i think we would have faith that all of those isn't over to the archives. and when you add to that, that apparently mrs. clinton and her staff or her staff didn't automatically hand over those e-mails as required, but only after requested to do so, there seems to be a lot more questions still to come. let me know what you think, you can finding my take on my facebook page and at foxnews.com. there's a new secretary of state ash carter as top pentagon leaders address the biggest threat to our nation on capitol hill. we still have that problem to worry about. plus former hp ceo carly fiorina sounding off on national politics. >> like mrs. clinton, i too have traveled the globe. unlike mrs. clinton i know that flying is an activity, not an accomplishment. ave a 786 fico score, thanks to all the tools and help on experian.com. so how are we going to sweeten this deal? 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>> how many ways can we count that she's been hypocritical. on this whole e-mail scandal, not only does hillary clinton believe that people should do as she says not as she does, not only does she obviously believe that the rules don't apply