Transcripts For MSNBCW Morning Joe 20160706 10:00:00

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there have been questions about my e-mails, about my e-mails. i want to address that directly. >> i'm here to give you an update on the fbi investigation of secretary clinton's use of a personal e-mail system during her time as secretary of state. >> i opted for convenience to use my personal e-mail account, which was allowed. >> they were extremely careless in their handling of very sensitive, highly classified information. >> i thought it would be easier to carry just one device. >> she also used numerous mobile devices to send and to read e-mail. >> we went through a thorough process to identify all of my work-related e-mails. >> lawyers doing the sorting for clinton in 2014 did not read the content of all her e-mails. it is highly likely their search
missed some work-related e-mails. >> they were immediately captured and preserved. >> no archiving at all of her e-mails. >> that was my obligation and i fully fulfilled it. >> the lawyers then cleaned their devices in such a way as to preclude complete forensic recovery. it is possible that hackers gained access. >> there are no classified e-mails. >> 110 e-mails contained classified information at the time they were sent or received. >> i'm certainly well aware of the classification requirements and did not send classified material. >> even if information is not marked classified in an e-mail, participants who know or should know that the subject matter is classified are still obludpated to protect it. >> at the time, this didn't seem like an issue. >> none of these e-mails should
have been on any eunclunclassif system. good morning. it's wednesday, july 6th. >> what just happened? >> i mean -- >> what just happened? i don't get it. i was actually, i was going to write a post for "washington post" two nights ago and titled it, i don't get it because everybody was saying she's not going to be charged. and i read the statutes and looked at all the information and saw the people who have been charged in the past for doing much less than she did and then yesterday morning jonah goldburg had a column called "i don't get it." this is like a scene out of "big." you're tom hanks and you're looking at this thing. and i don't get it. there are people that have been convicted with no intent for
doing far, far less and their only crime in the end was their last name wasn't clinton, so they didn't walk. it's staggering. and then you look, mika, at what's happened over the past week with the meeting between clinton and lynch. you look at the dangling of the job offer in front of loretta lynch and "new york times." you look at them trying to hide the interview on saturday morning on fourth of july weekend and then yesterday coming out saying she's guilty but we're not going to charge her with anything. if you read the statutes and rudy giuliani is coming on later today, you read them. >> but -- >> it was staggering what we saw yesterday. she's guilty, but we're not going to charge her. with us on set we have former communication director for former george w. bush nicole
walsh and "morning joe" -- >> why did you come in? >> let me just say that yesterday was my birthday. you should be kind to me today. >> we won't run the u.n. split screen clip. happy birthday. >> happy birthday. still, the managing editor of bloomberg politics and co-hosts with "all due respect" that airs at 6:00 p.m. mark halperin. he's in north carolina because there is an orchestrated event there but athat you can't help to read into. >> haez he's in trumpland. >> and sam stein. >> actually, well orchestrated for once. >> you know, i saw some clinton apologies saying this was a big win for hillary clinton. no, pretty rough all the way around yesterday.
>> well, i disagree with that in the sense that if you are at a fork in the road and a choice here. she gets indicted and she doesn't get indicted or the indictment was recommended, she would almost certainly not be the democratic nominee and certainly not be the next president of the united states. >> huge win. >> she didn't get indicted. i was with the clinton campaign yesterday at their event yesterday in charlotte and all of them, the collective sigh of relief, was audible. now, the "new york times" which has covered this quite well one of the pieces yesterday described this as the worst piece, the worst possible piece of good news for hillary clinton in the sense that everything is potentially devastating in the sense that republicans can use the things that he said. this raises lots of suspicions you already started to allude to. >> it also proves, mika, she just didn't tell the truth. from the very beginning.
she just -- we have two candidates running for president of the united states who are completely disconnected from the truth. >> so, what we have and what we just showed our viewers and we have more. says that for itself. it's kind of hard to deny. i guess one does it better than the other, in terms of the two candidates. which is really depressing. and alarming. yesterday in an unexpected news conference, or was it? fbi director james comey said while secretary of state, but not before delivering a critique of hillary clinton's handling of classified information as secretary of state. >> although we did not find clear evidence that secretary clinton or her colleagues intended to violate laws governing the hailing of classified information, there is evidence that they were extremely careless in their
handling of very sensitive, highly classified information. seven e-mail chains concerned matter that was contained information of the access program at the time they were sent and received. those chains involve secretary clinton both sending e-mails about those matters and receiving e-mails about those same matters. we also developed evidence that the security culture of the state department, in general, and with respect to the use of unclassified systems in particular, was generally lacking in the kind of care for classified information that is wbr id "wbr4566" found else where in the wbr id "wbr4586" u.s. government. from the group of 30,000 e-mails returned to the state department in 2014, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. eight of those chains contained information that was top secret /b
at the time they were sent. 36 of those chains contained secret information at the time. and eight contained confidential information at the time. there is evidence to support a conclusion that any reasonable person in secretary clinton's position or in the position of those with whom she was corresponding with those matters should have known that an unclassified system was no place for that conversation. none of these e-mails should have been on any kind of unclassified system. but their presence is especially concerning because all of these e-mails were housed on unclassified personal wbr-id "wbr5186" servers, not even supported by full-time security staff like those found at agencies and departments of the united states government. or even with the commercial e-mail service like g-mail. i think it's also important to say something about the marking of classified information. only a very small number of the e-mails here containing
classified had markings that indicated classified information. but even if information is not marked classified in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it. we did not find direct evidence that secretary clinton's personal e-mail domain in its various configurations since 2009 was hacked successfully. but given the nature of the system and of the actors potentially involved, we assess we would be unlikely to see such direct evidence. we do assess that hostile actors gained acstecess to the private commercial e-mail accounts of whom she was in contact with from her personal account. we also assess that secretary clinton's use of a personal e-mail domain was both known by a large wbr-id "wbr5936" number of people and readily apparent. she also used her personal e-mail extensively while outside
of the united states including sending and receiving work-related e-mails in sophisticated adversaries. given that combination of factors, we assess it is possible that hostile actors gained access to secretary clinton's personal e-mail account. >> nicole, this is just brutal on all fronts. on all fronts. he even said that using gmail would have been more secure than what she was using. she said there was no classified information, that was a lie. 110 at least. when she said that nothing was stamped classified. i mean, it goes to what i've seed all along. if you knew or should have known something was classified, the responsibility is on you. sending e-mails about a drone warfare, it's classified. where do you go with all of that? >> well, how low is the bar, too? >> clinton claims refuted by fbi fundings if you're driving the car. no classified info, she says,
not true. allowed by state. that was a lie. turned over all work e-mails. that was a lie. used a single device, that was a lie. never breached, highly doubtful. >> and i understand what you're saying, john, it was a good day because she wasn't indicted, but we spent three hours talking about 61% of americans who are alarmed. if the bar were any lower, buried underground. so, it counted as a good day for her that she wasn't indicted. but what he did yesterday, i watched this live and thought, oh, my god, donald trump might stumble into the oval office. he cemented with those six exhibits what a lot of people worry about with her, which is that she has a horrifically different relationship with the truth. that the clintons don't just think they're above the law, they function in government as though they are above the law. >> by the way, they time and time again have proven to be above the law.
you can lie under oath before a federal grand jury and you're fine. no, you get disbarred. they disbarred bill clinton, but you're fine. any of us lie in front of a federal grand jury, we would go to jail. we just would. if any of us mishandled classified information that way, it would not be followed by a but we're not going to file charges. we would go to jail. there is a naval reservist last year who just got some information which we'll tell you about, classified information on a private laptop and took it home to his apartment and had no intent to distribute, arrested, convicted, busted. >> you had to go, you know, if that was a serious violation in the white house and you had to be retrained on security protocols. i mean, this is handled inside the white house and i would have assumed inside the state department with such seriousness. so, the fact that she did all those things and then lied about it, you know, the old sort of
political adage is the cover up, not the original act that gets you in trouble. >> steve, you have something? >> some more news. >> i think there is a couple things to be said. first, to john's point, yes, certainly from the standpoint of the legal disposition, that's good news for the clinton. number two, nobody, i don't think would say, including secretary clinton, would say she's proud of this or she would do it the same way. >> why did she lie the way she did? >> let's go back to the u.n. thing because i think you have taken some things that you can say she lied -- >> she lied. >> you can say she lied. for example, what she said -- >> donald trump lies. we say it when he lies. say it, it will make you feel better. >> she said stuff later that before this she had misspoken. for example, she said on the march 15th, 2015 press conference, no classified information. later she said she didn't send
anything that was marked classified. now -- >> you know that's the standard. she knew what was classified. >> so -- good try. >> one final thing. >> one last thing. one last thing. you have to decide whether you're going to question the integrity of james comey who had an impeachable reputation. where he said very definitively that there was no bases to prosecute her and no responsible prosecutor would have prosecuted her. >> that's not the only thing he said. >> james comey said anybody else would have gone to jail. >> anybody else would have gone to jail. >> that's not what james comey said. >> i don't question his integrity, i question his courage. >> he lacked the question? >> you question the courage who rushed to john ashcroft's bedside to put off the chief of staff to the president of the united states? >> yes, i do. because the fbi last year under
james comey convicted a man who did far, far less. >> all right, gentlemen, let's look at this from a different perspective. >> i wonder how he's feeling this morning. >> all is a big picture equally disturbing because after that litny of violations that he outlined, some might say that you would think he would recommend charges. nope. that didn't happen. and it seems to cap this investigation, which many feel has the appearances of impropriety from the start. let's go back to president obama. president obama. the president of the united states speaking out on the case. >> who runs the justice department. >> which is still active. >> but not the fbi. >> comey has a ten-iary term. >> in april. take a look. >> hillary clinton was an outstanding secretary of state. she would never intentionally put america in any kind of jeopardy. and, what i also know, because i handle a lot of classified
information, is that there is classified and then there's classified. i continue to believe that she has not jeopardized america's national security. now, what i've also said is that, and she has acknowledged that there's a carelessness in terms of managing e-mails that she has owned and she recognizes. but i also think it is important to keep this in perspective. >> i've got to say, mika, it was also shocking. we mentioned back in october i think on "60 minutes" where he said, in october, while they were investigating. the president of the united states who runs the justice department, no evidence. she did it. nothing to jeopardize national security. that's not what comey said yesterday. here you have the chief law enforcement officer of the united states deciding almost a year before the findings come out that there is nothing to see. that is frightening.
>> flash forward to eight days ago when president bill clinton had a private meeting with attorney general loretta lynch on the tarmac in phoenix inside her plane. lynch says they discussed personal issues like golf and grandkids unrelated to the investigation of secretary clinton. only it was followed up days later in "new york times" which reported that clintons appear to dangle a job in front of the attorney general. "democrats close to mrs. clinton say she may decide to retain ms. lynch who took office in april of 2015." >> this written in the "new york times" in the midst of an investigation that could indict hillary clinton and end her presidential run and the "new york times" doesn't even write at the end of that sentence, mika, currently mrs. lynch will have a decision on whether to prosecute hillary clinton for matters related to her e-mail.
>> and then yesterday fbi director comey said they could not find a case that would support bringing criminal charges as they lack intent. >> although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. this is not to suggest that in similar circumstances a person who engaged in this activity would face no consequences. to the contrary, those individuals are often subject to security or administrative sanctions, but that's not what we're deciding now. >> but if intent is the issue. >> he said there was no intent, so they couldn't charge her. >> then what about the case of brian. less than one year ago a former naval reserve commander pled guilty to the unauthorized removal and retention of classified materials. nearly nine years ago, while stationed in afghanistan, brian
had access to classified briefings and records that could only be retained and viewed on authorized government computers. he caused the materials to be downloaded and stored on his personal, unclassified devices and carried those devices off base and ultimately back to the u.s. once his deployment ended. once back home, he copied those materials on to at least one unauthorized and unclassified system. he admitted he handled the classified materials inappropriately and that he destroyed some at home. an fbi search of his home discovered numerous classified materials. the investigation, however, did not reveal evidence that he intended to distribute information to unauthorized personnel. >> it said they did not find intent. >> he was ultimately sentenced to two years probation, a $7,500 fine and was ordered to surrender any held security
clearance and to never, again, seek such a clearance. >> here you have a naval reservist who took a personal laptop with personal information home, kept it there, never distributed it to anybody and was actually convicted. when the fbi said they found no intent. james comey said yesterday, well, if there's not intent there prosecutors don't file charges. they did a year ago. >> what do you do when the president said six months ago -- >> you have the president of the united states, again, we've gone down this litany of just how horribly this administration has handled this investigation and then you've got the president of the united states going out and trying to cover up the news of the day and there were people actually stupid enough to lead with barack obama and hillary clinton on the campaign trail together. stupid enough to take their bait. stupid enough to follow what the
white house wanted them to follow. nothing to see here, move along. the whole thing really is an unfortunate stain on the obama administration, is it not? >> look at the time the president said what he said, we discussed it at length on the program and either the case that he somehow knew the facts of the investigation or he was saying it with no facts. seemed like the wrong thing to do at the time and i think that was worn out. he couldn't have possibly known then all the things that comey listed yesterday. comey did something extraordinary. >> so you're just saying, you're right. the president just made it up six months ago. eight months ago. this is what comey said. the president was dead wrong when he went on "60 minutes" in the fall saying she didn't jeopardize national security. dead wrong and reckless while the fbi agents were investigating this case. >> an improper thing for the president to do in the midst of
an ongoing investigation for which he has to keep some arm length distance. what comey did was extraordinary and in some ways improper. not the role of the fbi and he convicted her without giving her in some ways in the court of public opinion without giving her a chance to respond. i believe now, because he opened the door, we'll eventually hear from fbi agents who worked on the case and interesting to see if they all agreed on his decision. what do investigators think about this decision and it will be debated quite a bit in the context of the campaign trail and the trump folks are looking at what comey laid out or looking at the discrepancies between what she said and the facts. the fact that they read every e-mail and meticulously handed over all the work-related ones. i think other people, as comey has extraordinarily weighed in other people with knowledge of the case are on the record and in other ways to weigh in, as
well. >> sam stein, could you imagine what a jeb bush campaign or a marco rubio or a ted cruz campaign would do with this opening? >> they would do a lot with it. that's quite the opening. >> effectively. you know, obviously, as john said, it's in the very narrow, narrow political sense, it's a very good day for hillary that she wasn't indicted. what james comey did was give fodder for any capable republican who wants to go after clinton. there was clearlessness and mistruth, you could call them lies. i do think mark is right -- sort of an extraordinary moment. >> when donald trump lies, we call them lies. >> i'm not being around the bush. she lied. i thought it was extraordinary when james comey got up there. he may have overstepped or been unfair to clinton which is he said he didn't find any evidence of her e-mails being hacked but
then went on to announce it could have happened. i thought that was a little bit getting over because you shouldn't put out an accusation you couldn't find evidence of and just let it dangle out there. >> but he suggested she used her account overseas and didn't name the countries. >> it was careless. i don't think it was fair to say, we found no evidence of it, but it could have happened. i thought that was too much. >> his point, sam, was about the risks she took as secretary of state with classified information. i thought it was entirely appropriate and the public's right to know the kind of risks that our leaders take with information that they don't have access to. his point was that she used these devices. >> that's the only thing i'm saying, it's weird to throw out an accusation. >> what he said was, john, he said we found no evidence of it, but we wouldn't find evidence of it but it's reasonable to believe that. >> the security that she used was, as you said before, substandard. not just substandard by --
>> can you believe substandard by gmail. >> i feel so great about my gmail now. >> for a long time the phrase when she was using a home brewed server. this poor president of the united states. comey said yesterday it was kind of a home brewed server. i want to come back to the last political point you made. could you imagine what a jeb bush campaign a ted cruz campaign would have done with this. what were you leading there? >> what i was leading to is -- >> failure on the trump campaign. >> the failing of the trump campaign to have people out on tv, like the jeb team would have had four former attorney generals going out and they would have lacerated different parts of hillary clinton's campaign. you had donald trump and, yes, he was more effective than usual. but when you don't have people that go out and speak for you and you don't have a campaign
operation, you have moments like this that you don't exploit. it's just like she's being interviewed on saturday morning, the fbi. that the jeb bush team or any other -- >> cut an ad. >> right. instead, they're talking about, is this a star of david or a sheriff star. >> there's so much more to get to. >> last night the praising of saddam hussein. by the way, we want to thank steve raddner for coming on. >> happy birthday, steve. >> leave with rice-a-roni the san francisco treat and a cupcake. >> not even a mug? >> we'll get you a "morning joe" mug, too. >> i am alarmed. alarmed. >> aalarmed. >> alarmed? >> still, i am along with 61% of the rest of america. alarmed by this election. still ahead on "morning joe" -- >> and alarmed you would come on
a day -- it's just courage. you do have courage. >> at least somebody's got some. former mayor and prosecutor rudy jewgiuliani is here on setd alberto gonzalez joins the conversation. duelling rallies in north carolina. we'll hear from donald trump who wasn't exactly a shrinking violet and president obama campaigning with hillary clinton with the presidential seal in full view. you're watching "morning joe." we'll be right back. ♪ americans are buying more and more of everything online. and so many businesses rely on the united states postal service to get it there. because when you ship with us, your business becomes our business. that's why we make more ecommerce deliveries to homes than anyone else in the country. the united states postal service. priority: you
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>> everybody can tweet, but nobody actually knows what it takes to do the job until you sat behind the desk. i mean, sasha tweets, but she didn't think that she's thereby should be sitting behind the desk. this is a choice between whether we are going to cling to some imaginary past or whether we're going to reach there tfor the f.
given the republicans on the other side don't know what the guy is talking. you ask them, they're all like, i don't know. and then they kind of duck the other way. that's the president of the united states who six months ago stepped on an fbi investigation and said, there's nothing to see here, move along and did it again in april. donald trump out last night. nicole, you had an interesting reaction to donald trump. >> i was here yesterday for the breaking news coverage of the fbi press and the obaobama/hill speech. i thought yesterday would be the day when someone on the trump campaign could assemble the montage that we did. you don't have to call her crooked hillary, you just show it. so, i had an expectation would be too strong but i had projected my own hopes about what a functioning trump campaign might look like. i got home in time to watch this
rally and i turned it on and watched all 66 minutes and i wept. it was really a night where he could have not talked at all and maybe moved up in the polls. he could have not opened his mouth and aired what we aired at the top of the show. >> i disagree. >> are you saying praising saddam hussein was a mistake? >> i think it was a mistake, but a night to focus your message on exhibit "a," folks. i have been calling her crooked hillary all along but don't take my word for it. listen to what james comey said. he could have aired that montage and stayed on a single message. in all seriousness, he could have begun to prosecute the case against her. it's open door, 20%. he is a 20% lead. >> i'm not sure which sound bite we have -- >> 67 minutes of the word soup. >> i understand that -- i think he used words that connected.
i really do. >> you could wait all 66 minutes for him, maybe. >> okay. here, take a look. donald trump. >> all 66 minutes. >> today is the best evidence ever that we've seen that our system is absolutely, totally rigged. it's rigged. our enemies may have a blackmail file on crooked hillary. and this alone means that she should not be allowed to serve as president of the united states. we now know that she lied to the country when she said she did not send classified information on her server. she lied! the lives of the american people were put at risk by hillary clinton so that she could carry on her corrupt financial dealings. that's probably why she didn't want people to see what the hell she was doing. she went to extraordinary lengths to carry out an
enron-style purge of her e-mails. 33,000 e-mails are missing and they say, oh, she's fine. she's fine. so, like a criminal with a guilty conscious. clinton had her lawyers delete, destroy and wipe away forever, except i still say there are geniuses that can find them. 30,000. think of this, 30,000 e-mails. she said today that we may consider the attorney general to go forward. that's like a bribe, isn't it? isn't that sort of a bribe? i think its are a bribe. i mean, that if she wins, she is going to consider extending the attorney general and, you know what, i'm not saying, i'm not knocking the attorney general. what i'm saying is, how can you say that? it's a bribe. >> so mark halperin. he went, of course, 66 minutes
and he did praise saddam hussein as a master murderer of terrorists. how do you think the trump campaign has handled the past 24 to 48 hours? >> well, i agree with what nicolle said and what mika said. his best moments focusing on this were effective. but he did talk for 60 other minutes about other things including saddam hussein. you know, they've got a lot going on. they're looking for a running mate and blaming the convention. yesterday was a moment to take advantage of. they did their best in terms of giving trump some things specific to say and i do think they will work on web videos and perhaps paid media to try to highlight this. you can't miss a moment. yesterday seemed like the biggest thing in the world. how many more days will the news be dominated by what james comey said. but they do have a chance to revive it and get more focus. they are, they are thinking through the best way to talk about this going forward. but i agree, yesterday was at
least somewhat a missed opportunity. >> you don't get moments, as mark just said, like that very often where you are given, the ball is teed up on the tee for you. all you have to do is just focus on that ball and knock it out of the park. if, instead, the headlines out of this event. the way most people will see it. not all 66 minutes. a huge amount of the message got muddied by what will be an incredible focus all day today about donald trump, saddam hussein. saddam hussein tried to kill george herbert walker bush. we thought he started 9/11. he just took their eye off the ball and it shouldn't be that hard when it's sitting there on the tee. coming up, chairman of the house judiciary committee congressman bob goodlot who joins us. what he heard directly from the fbi director yesterday. in a one-on-one conversation. "morning joe" is back in a moment. we shouldn't have been there and we shouldn't have destabilized. saddam hussein was a bad guy,
right? he was a bad guy. really bad guy. you know what he did well. he killed terrorists. he did that so good. they didn't read him the rights. they didn't talk. they were terrorists who's over. today, iraq is harvard for terrorism. you want to be a terrorist, you go through iraq. it's like harvard. okay. (guy) oh man, the show's pretty much over. (friend) wish we could start it from the beginning (jon bon jovi) with directv, you can.
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for hillary, it's always been about kids. it's in the quiet moments when you see why she does this. and when millions couldn't get health care, this first lady worked with republicans and democrats to fix it. creating the wbr id "wbr23682" children's health insurance program, so that every child gets the health care that child deserves to have. now eight million kids are covere that'she kind of leader she is. and the kind of president she'll be. i'm hillary clinton and i wbr id "wbr23982" approve this message. /b
up next, hillary clinton may have dodged indictment, but what about her former colleagues caught up in her server scandal. we'll talk to national security leading lawyer who sees officials lose security clearances for much less than this. "morning joe" is coming right back. ♪ don't you dare follow your dreams. think big. or demand your own space. don't you dare leave it all behind. don't you daresk what's next. introducing the first-ever cadillac xt5. ♪ you made with your airline credit card.these purchases hold on...you only got double miles on stuff you bought from that airline?
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>> that was speaker paul ryan and no charges were recommended by the fbi. he also doesn't want hillary clinton to get intelligence briefings. >> actually seems pretty reasonable, doesn't it? >> this is so painful. i can't even stand it. >> pictures of the top secret stuff. >> where did steve go? he's supposed to help defend hillary. >> he went home to lick his wounds. >> snapchat top secret documents and sent them out. >> it's not funny. >> under this new standard. >> ari melber is with us and in naples, florida, attorney mark zad who specialized in national security law. he's going to tell us why everything is going to be okay and it is a good idea she wasn't indicted. >> ari, let's start with you. obviously, a lot of people surprised by a lot of things that happened. first of all, that comey did
something that the fbi doesn't usually do. presents his case against hillary clinton and then says there wasn't intent and then we have a case one year ago where the fbi says there is no intent and they actually prosecute a guy. >> had public presentation of this case and its findings was unusual. whether you think that was unusual transparency that helps us no more or unusual and ties people' hands at doj where it plays out and it's a fair debate. the evidence that he went through was detailed and i think he is saying, he didn't see any bar met for the criminal standard. that doesn't mean these were good practices and doesn't mean it is an issue for voters to assess and more information today than yesterday about all of this. for anyone who is looking at jim comey a long-time career, former prosecutor, former attorney general and a man who stood up to the fbi scanding and going to the hospital and dealing with
ashcroft. a man who i think has some credibility on these issues. a conspiracy here despate he's on a ten-year bulletproof term. i haven't seen the evidence come forward of what that conspiracy would be. the final word on the charges is, yes, you could compare this tuther situations. the fbi said they did that and they don't see another fact pattern like this where the issue is unsecured server, which state.gov also is versus some large conduct. >> the state department server with hillary clinton's private server. >> which he says is less secure than even gmail. >> as a policy matter it is less secure. i think setting up that server was a bad idea and i think voters should probably factor that in. if we're having a conversation about the federal legal requirement, the type of access that you need to get to that server is in their view, similar, what they're looking for. by the way, people may not like the criminal standard. what they're looking for under
criminal law some active intent you don't see here. >> and that's why we had the case a year ago of the naval reservist who the fbi said they had no intent and they still prosecuted him. mark, let me ask you. what precedent does this set? paul ryan spoke generally about a bad precedent that was set, but what precedent does this set for the handle of e-mail systems as it pertains to classified documentation. >> you can never have it and one of the key things that comey said that hasn't been picked up on yet is that he indicated that there were some e-mails that actually bore classifications markings that indicated the information was classified. that is something that hillary clinton and her aides and we can't lose sight of her aides involved in this. everyone wants to focus on the
presumptive nominees but i think the aides, the senior officials who worked with her are far more at risk and i'm really interested to see what happens with that. >> i was going to ask, mark, they still could be at risk, right? >> i don't think anything from a criminal standpoint. i mean, the odds of the justice department going against the fbi's recommendations is very slim. but there's administrative penalties that could come about. i mean, i want to see, this is really where the inequities could come about. it's very easy. you could put a square, you know, square tube into a round peg, whatever, however the saying goes. >> what is the likelihood that cheryl mills doesn't get security clearance in the future? it should be pretty high, should it not? whether you're cheryl mills or uma abdean or so many of these people who passed national security secrets through unsecured e-mails. how do they get security clearances in the future?
>> based on what fbi director comey said, i think they will have an uphill battle. in over 20 years i have been handling security clearance cases and numerous clients who lost their clearances and federal employment for doing far, far less than what she did here. >> far, far less. >> on capitol hill people lost their security clearances for doing so much less than this. we are told you have to go, but we want to give you the final word. >> i think the final word here is so much to bait. no matter where you fall on the issue, a public presentation of some of the evidence is useful and that's why some trump folks are saying, great, we can use this and work with this. we talked a lot over decades about the "criminalization of our politics." >> right. >> i think the fact that hillary clinton and her aides are looking at evidence to that there were a lot of things that should have been done differently and as of yesterday looked like real questions about the policy, secrecy and administrative handling of our
important information. that's important for voters to assess. anyone who today is looking at this book of clean health on federal law from the fbi director and wants to go past that, i think now the burden is on those people to show what evidence do they have? i don't think directive comey is on a conspiracy. >> i didn't say anyone at this table. >> the criminalization of politics would be the justice department deciding to go after and convict bob mcdonald when he didn't violate any virginia statutes. when you actually conduct an investigation that shows that hillary clinton and everybody around her actually passed through unsecured servers top secret information. i don't think that's a criminalization of politics. i think that's actually trying to protect america's national security. >> let me briefly respond. your point number one was agreed by all current eight members of the supreme court. i think you're very strong there. on point number two, i'm not
saying the investigation should not have happened. i'm saying the investigation occurr occurred. we live in the rule of law. when the speaker of the house comes out within an hour. you want a specific example and says that the speaker of the house. he knows that this was the wrong outcome. he knows better than the fbi director who is putting out the evidence. that seems to me that he's looking for an outcome that might be politically helpful rather than trying to let this process play out. >> there's -- >> make sure we're on the same planet on her public statements about this, she did not tell the truth, correct? >> it is clear according to the fbi review of the evidence, her statements, in her view, are not accurate and they've done the homework on that. >> we are told now that you have to go off. >> thank you for having me. >> thank you so much for being with us. >> go. >> mark, thank you. i'd love to talk to mark some more. can we hold mark over? we are going to hold mark over. mark, if you can stick around, we'd love to have you stay. >> thank you, ari. >> run, run. >> coming up -- >> he is.
coming up, who do we have? >> this is going to be good. >> everybody who sits in that chair eventually runs away. we'll be right back with more "morning joe."
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coming up, rudy giuliani worked alongside james comey years ago. but the two are very different. >> he has highest respect for james comey. always has. >> different views on the
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>> there have been questions about my e-mails. i want to address that directly. >> i'm here to give you an update on the fbi investigation of secretary clinton's use of a personal e-mail system during her time as secretary of state. >> they were extremely careless in handling of sensitive classified information. >> i thought it would be easier to carry one device. >> she used numerous devices to read and send e-mail. >> we went through a thorough process to identify all my work-related e-mails. >> the lawyers doing the sorting for secretary clinton in 2014 did not individually read the content of all of her e-mails. >> and deliver them to the state department. >> it's highly likely that their search missed some work-related e-mails. >> so that the e-mails were immediately captured and preserved. >> there was no archiving at all
of her e-mails. >> that was my obligation. i fully fulfilled it. >> they deleted all e-mails they did not produce to state and the lawyers clean their devices in such a way as to -- >> there were no security breaches. >> it is possible that hostile actors gained access. >> there is no classified materials. >> 110 e-mails contained classified information at the time they were sent or received. >> i am certainly well aware of the classification requirements and did not send classified material. >> even if information is not marked classified in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it. >> at the time, this didn't seem like an issue. >> none of these e-mails should have been on any kind of unclassified system. >> yeah, mika, that's just
really staggering, including the part where the lawyers intentionally destroyed the devices in such a way that they couldn't be recovered. >> i just think that -- >> and schedules being destroyed. i mean, there is so much going on. >> i just think that the clinton campaign must be hoping this is so complicated that people won't get it. i mean, i don't know what else to think about how everything was orchestrated. >> but you look -- but the problem is, you look at mark halperin. i mean, democrats say, oh, the e-mail thing. doesn't matter, doesn't matter, doesn't matter. and then you look at that line on hawnest and trustworthy and it matters a great deal. i wonder how much that solidifies her honest and trustworthy numbers at like 20% or 25%. >> not being indicted, you know, and avoiding that political death sentence is huge. >> not being indicted is huge, thank you. >> but it was, in some ways, one of the worst moments for any
presidenti presidential candidate i can remember to have the head of the fbi and someone who is widely expected and given his role an improper indictment, but a factual indictment of her judgment and her care with the freedom of information act with national security, with setting an example for other people in her department and it's going to be interesting to see how republicans handle it. will they bring comey up to the hill that they are talk about. are they going to find other fbi agents in the department who share his judgment about what happened. but it is now, this is now in the political realm and the clinton people know how to play this game and it's going to be interesting to see if the republican national committee, speaker ryan, others are able to make the case that this is information voters should really factor in as they consider who to pick. >> so, or, the bar is so low in this election, this is a best moment for a political candidate. still with us, former treasury official steve ratner.
the managing editor of bloomberg politics. and attorney mark zaid who spoel specialized national security law. msnbc political analyst eleze jordan. former chair of the national committee howard dean and msnbc political contributor and editor of "the fix" at "washington post" chris cilizza. >> over her use of a private e-mail server while secretary of state, but not before delivering a critique of hillary clinton's handling of that classified information while she was in office. >> although we did not find clear evidence that secretary clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their
handling of very sensitive, highly classified information. wbr id "wbr39633" seven e-mail chains concern matters that were classified that top secret special access program at the time they were sent and received. those chains involve secretary clinton both sending e-mails about those matters and receiving e-mails about those same matters. there is evidence to support a conclusion that any reasonable person in secretary clinton's position or in the position of those with whom she was corresponding about those matters should have known that an unclassified system was no place for that conversation. none of these e-mails should have been on any kind of unclassified system. but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers, not even supported by full-time security staff like those found at agencies and departments of the united states government or even with the commercial e-mail /b
service like gmail. i think it's also important to say something about the marking of classified information. only a very small number of the e-mails here containing classified information bore markings that indicated the presence of classified information. but even if information is not marked classified in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it. we did not find direct evidence that secretary clinton's personal e-mail domain in its various configurations since 2009 was hacked successfully. give on the nature of the system and of the actors potentially involved, we assess we would be unlikely to see such direct evidence. we do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom secretary clinton was in regular contact from her personal account. we also assess that secretary
clinton's use of a personal e-mail domain was both known by a large number of people and readily apparent. she also used her personal e-mail extensively while outside the united states, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. given that combination of factors, we assess it wbr-id "wbr41003" is possible that hostile actors gained access to secretary clinton's personal e-mail account. so, john, the take away from yesterday? well, again, i said it earlier on the show. "new york times" the best possible quote. mark said before, she did not get indicted. for a campaign that has spent a year worried about the possibility of indictment, yesterday, she did not get indicted. the political fallout is significant. her trustworthy numbers are horrible. they will and have to deal with that for the rest of the campaign. but given the choice between being indicted and not being
indicted it was a sigh of relief from the clinton campaign. they will contend with the political fallout. you think about the last week. the benghazi program did and the e-mail probe has now ended. for them, those are the two big legal controversies. they are now gone and now they have to clean up the political mess, which is considerable, given what comey said. >> howard dean, after yesterday, how do you clean up that political mess? what is the first step forward? >> i think you just have to keep doing what you do. she is a competent person which differentiates her from donald trump. i think you play to your strong suit. that's the first thing. the second thing is you can always count on the republicans to ride in and rescue you in a situation like this. for paul ryan to overplay. it's one thing if donald trump says this is a conspiracy. people expect that of donald trump. people don't expect that of paul ryan. if they call director comey to the hill and they give him a hard time, that is really stu d
stupid. they should let the whole thing speak for themself. but the republicans have already started to overplay their hand and i can't wait to see what the next couple of days bring. >> what do you mean, let it speak for itself. what's sitting right there? >> well, all the things that director comey said, obviously, have an impact. i've spent some time -- >> what do you think was the most statement that comey made about clinton's behavior yesterday? >> we don't exactly know. i've spoken to the campaign about it -- >> no, i'm just asking you. as you were watching comey. what do you think is the most damming thing comey said about hillary clinton yesterday? >> one of the things that the clinton folks say is, we don't know what e-mail he's talking about. they actually haven't seen e-mails that were marked. >> i'm just asking you as a political pro watching yesterday. not what the clintons told you
to say. were you watching -- >> joe, excuse me. joe, the clintons don't tell me what to say and nobody tells me what to say. >> you brought up the clintons twice. i want to hear from you because we respect you so much and you're a man, you're a man of great character. i'm going to ask you, again, very simply. when you were watching the fbi director yesterday, what did you think was the most damming thing he said about hillary clinton? >> i think it's too early to tell. i think the best thing as halperin and heillmann has said. >> it's too early to tell. >> i think this is just disgraceful. i think this is why american voters are supporting donald trump because they see the clintons facing no repercussions whatsoever consistently over the run of their political career. and this is millry clinton being simply above the law. no, she is held to a different
standard than the rank and file employee of any department handling classified information. if i had done what hillary clinton did, i would be fined, possibly be in jail and definitely have my security clearance strip. >> that's an attack on jim comey and i think that's a mistake. >> that's her stating the truth. what nicolle said and i said and she said. >> first, i would say that the comey report was not great. it was bad for hillary. i would say unequivocally the way she handled her e-mails and the classified information, et s set ru, et cetera was a mistake. anybody else would be indicted means that you're questioning. >> she said her security situation. >> i'll get to the security clearance. i'm going to get to the security clearance. let's start with the fact that you said she would have been indicted. >> i would never say she would be indicted.
>> you said indicted. but let's just say you didn't say it. the question whether she should have been indicted. to say she should have been indicted you are questioning a career civil servant who served -- >> i didn't say she should be indicted. >> so, this is going around in circles. let me say what i said earlier and anybody else would have been indicted. let's bring in mark. mark, you actually represented people that have actually lost security clearances and have been punished for much less than this. we could talk about the naval reservist last year who moved some stuff to a laptop and took it to an apartment and the fbi said he had no intent and he was indicted. >> what director comey said is true. most of the case when shethese cases are documented and voluminous amount of it. but, i mean, there's still a lot here that needs to be looked at.
and the biggest problem is, we don't know as actually you guys just mentioned, what's in the e-mails. even though some of these e-mails were marked top secret, special access programs, i have at least publicly what has been reported is that those dealt with cia drone strikes in pakistan, affxwghanistan area. any time they consider that to be classified. >> mark, let's say i came to you and said, hey, listen, i got a problem. i e-mailed over a personal account at home, 22 top secret documents and the state department says if it were released to the public it would cause devastating impact to america's national security. you think, do i have anything to worry about? do you think i'm going to face charges? what would you say? >> you've got a lot to worry about. you've got a lot to worry about. but, what if i come in today going, you know, hillary clinton didn't get indicted, so i'm
probably not going to get indicted, right? you're my lawyer. is this a new standard? >> absolutely. you better bet i'm going to be raising this in cases. we already did so with the petraeus case right after general petraeus worked his very appropriate, but very light sentence two years probation. i invoked it it in a criminal case where we said, look, we want what he got. we did. we got it. no doubt this is going to have a trickle down effect. >> absolutely. >> at least from the administrative standpoint. that we'll have to wait and see. i want to see what happens if she gets a clearance. >> if cheryl mills gets a clearance after all of this, then all of your clients in the future have cheryl mills to hide behind. >> absolutely. >> this, paul ryan, this lessens the standard for what's acceptable and what's not acceptable. chris, what is the political impact of it? >> well, best/worst day is a
good explainer, i think. the impact is that her honest and trustworthy numbers will stay the same or go down. they're not going to get any better. that video that you played, kudos to whoever cut that thing together because the video you played at the beginning of the segment is absolutely brutal. too long to put in a 30-second ad but direct contradiction there. people have to remember, court of law, court of public opinion. court of law, she's okay. john and mark have noted, that's the most important thing because we wouldn't be talking about the political implications if she got indicted yesterday because she'd almost certainly have to get out of the race. the fact that she can fight another day is good for her. but in the court of public opinion. i mean, yesterday i was watching it and i didn't yell out because i'm not a crazy person, but i did gasp a few times watching it because things that he says that are directly contrictry to the storey and the narrative that she has told since that press
conference march 10, 2015 at the u.n. this is a person who wants to be the leader of the free world. the best thing she has going for her, she's running against donald trump whose numbers are worse. >> so, after the, you talk about the video we saw. after that litany of violations that james comey outlined some may have expected a different outcome, maybe a recommendation of charges. but there was none. which caps this investigation which many feels have had impropriety from the start. let's go back to president obama speaking out on the case, which is strange in itself. >> bizarre. >> a long time ago in april. take a look. >> do you think it posed a national security problem? >> i don't think it posed a national security problem. i think it is a mistake she acknowledged. >> do you agree ewith what president clinton has said and secretary clinton has said that this is not that big a deal? do you agree with that? >> i'm not going to comment
on -- >> you think it's not that big a deal? >> what i think is that it is important for her to answer these questions to the satisfaction of the american people and they can make their own judgment. i can tell you, this is not a situation in which america's national security was endangered. >> hillary clinton was an outstanding secretary of state. she would never intentionally put america in any kind of jeopardy and what i also know because i handle a lot of classified information is that there are, there are classified and then there's classified. >> that was october and then april. >> and, by the way, the fbi agents on this case were absolutely outraged. that the president -- >> so flash forward to eight y days ago when bill clinton had a private meeting with loretta lynch on a tarmac in phoenix. he made a point of getting on
her plane to talk to her. they talked unrelated to the investigation, only it was followed up days later in "new york times" which reported that the clintons appeared to dangle a job in front of the attorney general. "democrats close to mrs. clinton say she may decide to retain ms. lynch, who took office in april of 2015." >> john heillmann. by the way, written in "new york times" without comment that the clintons are dangling a job offer in front of a woman that has the power to indict her and in her presidential campaign. >> i have to say that i, the thought, the thing that bill clinton did with loretta lynch was ridiculous and brought all kind of political problems on his wife and you kind of want to write it off. not write it off in the sense that it's not bad. you can't control bill clinton. this thing in "new york times" coming directly after that in what appears to be a choreogr h
choreographed way. they decided to leak through cutouts that lynch might be retained in the administration. just makes the whole thing stink. and it makes the whole thing stink and just provides, again, such fodder to trump's arguments about this is just a rigged system. it's a corrupt elite, a corrupt establishment. this whole thing is just rotten to the core. just self lacerating that they engage in this behavior. >> so compress it all for like five days you got the meeting with bill clinton and loretta lynch and the "new york times" dangling the job and secret meeting with the fbi. on a saturday morning. >> i don't think the clinton campaign was -- >> it just happened to be on a saturday morning july fourth weekend. just happens to be. then as the news breaks there is no charges. no charges. but the president is live at
5:00 p.m. in north carolina with hillary clinton flying down on air force one with stuff on the news cycle. are you kidding me? i'm sorry. are we just stupstupid? >> it is a different standard and the american people aren't stupid. they get it. they see plain and simple that the clintons are held to a different standard and that is why trump has managed to rise so much over this past year and nonpolitician because people are sick and tired. >> also bernie sanders. >> and bernie sanders. >> being held to a different standard. >> we got that. let's just separate this into a couple pieces. so, the meeting on the plane, mistake. the leaking or whatever that statement about maybe retaining loretta lynch, mistake. >> horrific. >> how about the private server, mistake. >> are we seriously when james comey said he did not create the timing or the content, are we saying that he's a liar? somehow they knew he was going
to come out monday at 3:00? >> do you think the president knew? >> he said he didn't speak to anybody about it. >> then it must be true. >> no -- mika, mika, mika. >> what are we supposed to do? >> it is in the newspaper for three days beforehand that the fbi has leaked that she's not going to be indicted. you don't think the timing of the press conference isn't leaked, as well? if they're leaking, she's not going to be indicted. the fbi was leaking. oh, she's not going to be indicted. people close to the investigation said she's not going to be indicted. you don't think barack obama knew he was going yesterday? >> i don't know if barack obama knew. nobody seemed to think that comey was coming out on tuesday morning. >> what are you telling me? >> i'm trying to separate mistakes that clintons made and there were many. maybe they haven't yet, maybe they will. from the fact that all of you guys or several of you, anyway, are questioning the integrity of
james comey who until this moment. >> joe is certainly questioning. mika, please, let me repeat again for the 15th time. i'm not questioning his integrity, i'm questioning his courage. he just didn't want to take down -- it's kind of like john roberts didn't want to be responsible for taking down the affordable care act. he didn't want that on his court. james comey didn't want to take down a democratic nominee. >> if hillary clinton deserved to be indicted and james comey lacked the courage to indict her, that means he lacks integrity. >> mark halperin. >> prosecutorial discretion. it may be courage, it may be judgment. what he did, though, was extraordinary. he oepthened door here. the notion of the fbi director. not a prosecutor. even if he were. you're not supposed to come out without an indictment.
she can't rebut them and i decided she's not going to be indicted. i agree with mika. you can't look at the timing of the series of events and our role as journalists is to question people in government. doesn't mean we're questioning their integrity. how could these things be a coincidence from the meeting to the saturday interview to the comey decision to the day president obama awas campaigning with her. there's just too much coordination. and i don't question comey's integrity. but his decision to do what he did when he did it and come out and claim, i think there needs to be transparency and accountability. he answered no questions from the press. he decided what evidence he was going to cite. i can see the clinton people being furious at that and i can also see republicans are furious for the judgment you reach. needs to be real transparency and accountability for something important. >> david ignatius has been reporting for three months now that the fbi has said there is a higher standard for somebody running for president of the united states.
the fbi has been reporting that to david ignatius. yesterday howard dean at least i believe without questioning james comey's integrity, i believe we saw that higher standard in place because like justice roberts, chief justice roberts who said, you know what, you want to get rid of obama care and you do it at the voting booth, we're not going to do your job for you. i think we saw that play out yesterday with comey who said, yes, sir, different standards for naval reservist versus somebody running for president of the united states. >> what comey did in the ashcroft case where he blocked the vice president of the united states from trying to do something that was illegal took enormous political courage. i think to indict james comey'scouracomey' comey'scourage is a big mace take and is wrong. he came out with a recommendation not to prosecute because i don't believe law
enforcement does. law enforcement, in general, not just the fbi, makes recommendations to prosecutors about how good the case is. comey clearly said this case, there is no intent in this case. therefore, we don't think it's prosecutable. that's what he said. and i am with steve. i think you guys are making the same mistake the republicans are likely to make. which is, if you indict comey's integrity, then you are making a big mistake. because that is -- >> we didn't. you just said look at the bird. nobody on this set said that james comey's integrity is in jeopardy. we never said that. we are surprised on a number of levels. >> there are different standards. >> that's a look at the bird. don't look at the problem. >> i think we said now four times there is a case last year that the fbi convicted a guy where they said there was no intent. >> if you say that the reason she didn't get indicted is
because there's different standards then you are saying, again, james comey in his statement did not tell the truth. in his statement he said that when you compare this to other cases, he could not find the grounds to prosecute. not that there was a different standard. >> but specifically in the statement -- >> when it came to no intent, he was wrong. there is a 2015 case. one year old where the fbi said in their own press release, there was no intent. and they convicted the naval reservist anyway. we've got to go because it's 27 after the hour. and this was supposed to last 13 -- i gave him the last word. >> i'm fine. >> he did, alex. >> he had 12 last words. howard dean, thank you so much. we always love having you. mark zaid, we appreciate you joining us and staying with us. still ahead on "morning joe" bob goodlatte joins us from capitol hill and we'll ask chairman of the judiciary committee about his phone call
with the fbi director and also former new york mayor rudy jewel yawn giuliani will be here and, of course, if you're asking if they asked any of hillary clinton supporters to come on and speak this morning, the answer to that is, yes, of course we did. and, of course -- >> steve's here. >> that is the only one that would show up. >> howard's here. >> andrea mitchell and chuck todd are straight ahead. can't wait for their take. cally? you should be getting double miles on every purchase! switch...to the capital one venture card. with venture, you earn unlimited double miles on every purchase, everywhere, every day. not just ...(dismissively) rline purchases. seriously... double miles... everywhere. what's in your wallet? bounce back like...d .it used to? neutrogena® hydro boost water gel.
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we're talking about something else. good to see you guys back here on "morning joe." we were just having the most fascinating conversation. we usually try to have the most fascinating conversations when we're not on the air. and because i think nicolle may have said, or maybe it was steve. we have may have two presidential candidates who under normal circumstances would not be able to get security clearances. paul probably would not under normal circumstances be able to get security clearances. donald trump. we'd have to see his tax returns before we could find out.
people in the obama administration have been saying for some time they don't think that donald trump, if he released his tax returns, would be able to get national security. >> by the way, i looked this up, though, the two nominees get it no matter what. they don't have to go through a security check. now, the aid they bring in does have to go through the background check. we did research it. >> the two nominees, no. they do not have to go through any background check. >> they may be by themselves because i don't think paul -- >> lonnie went in with romney. >> how fascinating. on hillary's side. uma, i doubt she'll ever get another national security clearance again. that's what we're talking about. all the staffers that are related are the ones that are going to have a hard time. >> armed services.
it's tough. >> remember, all those e-mails were sent to and from unclassified computers. it's not possible within the state department e-mail system to send a classified e-mail from a classified system to unclassified system. everyone who is on the other side of those e-mails was operating from an unclassified system. >> and made that decision. today some members of the republican party are demanding answers from fbi director james comey. joining us from capitol hill, chairman of the house judiciary committee republican congressman bob goodlatte of virginia. he personally raised concerns with the fbi chief during a conversation yesterday. sir, can you tell us a little bit more about that conversation? >> well, good morning, mika and joe. yes, the fbi director actually reached out to me right after the announcement that he made because he wanted to assure me that he hadn't called me in advance of the announcement or the attorney general because he didn't think it appropriate to
disclose what he was going to announce to anyone ahead of time. i said i completely understood that but i didn't understand at all what he had announced and i had a number of questions, which i supposed to him on the call. he said those were very important questions and he hoped to be able to answer them soon. but he didn't answer them on the call. i then reduced them to writing and sent the letter to him yesterday afternoon that is available to you and everyone else asking him if he found her to have likely violated the statute and it's clear that she did. and, he found that no prosecutor would prosecute her. why was it that during this admed administration seven people have been prosecuted under similar circumstances. some very close circumstances. chief petty officer lyle white was convicted of removing documents from his military office and taking them home. classified documents. he pled guilty under charges
under this very statute was sentenced to 60 days in jail and a $10,000 fine, both of which were suspended in recognition of his guilty plea. >> so, what -- >> where do you go from there? >> where do you go from there? >> the naval reservist last year without intent who also was convicted. did he have any reasoning for you as to why charges were not brought? >> no. he responded to my long series of questions which you can see in the three-page letter that we sent to him subsequently. those were very important questions. deserving of a response and he hoped to be able to respond soon. but he did not offer responses yesterday. so, we are continuing to demand those responses. we also have scheduled and it's been scheduled for quite some time attorney general loretta
lynch appearing before the judiciary committee next week and, obviously, most of these questions will be posed to her, as well, because she does not have to take his recommendation thatted there there would be no prosecution. she already said she would take that recommendation. in and of itself it is not unheard of, but unusual for a prosecutor to say they're going to take the fbi's advice when they have that discretion themselves. unusual for the fbi director to say that no prosecutor would take this case. so, it just doesn't smell right that he would pose it to them in a way that gives them a complete off the hook. >> it should be a fascinating hearing next week and, of course, the attorney general also backed off that saying that actually she reserved the right to not defer to the fbi director. she made several statements last
week. confusing. congressman, thank you so much for being with us. we look forward to that hearing and hope to be able to talk to you then. let's bring in from atlantic city, new jersey, host of "andrea mitchell reports" andrea mitchell. chuck todd is here, as well. chuck, sort through yesterday for us, if you can. >> how do you? in some ways it's -- it was an unbelievable day. it is, i'm sort of stunned at how badly donald trump's botchi botching to me what is a gift. >> bringing up saddam hussein. >> not on that day. maybe tomorrow. >> a tad off. >> maybe tomorrow praising saddam hussein is a good idea. but maybe yesterday i would have held off. >> to be fair, he did make the point. but i've said this, too. he wrapped it up in 60 other minutes of stuff. >> sort of attacking comey and i don't get the strategy of attacking comey here.
comey is not the person you should be attacking here politically. comey you should be embracing and quoting. by the way, do you know what every other presidential candidate running against hillary clinton would already have on the air? excerpts of comey. >> you would not push back on the lack of indictment but cite all the other things -- >> he indicted her judgment and politically and in some ways, her qualifications to hold national security secrets. he said there's no legal standards. he gave her a political indictment that under any other circumstances he would say this candidacy is in big trouble but because of donald trump it's like, yeah, maybe she can whether the storm. >> the former boss of all of ours who mark barnacle has suggested has gone way, way, right. jack welch tweeted yesterday after comey's announcement, this
is the best possible news for republicans because, if she had been indicted, she would have been out of the race and any other democrat like joe biden would have won big. instead, she will be wounded. she will be wounded by comey's words all the way to election day. >> well, not surprisingly, you know, jack welch has it right because joe biden would have been in there in a minute. look, the republican national committee today is out with a video. a really strong attack video just splicing together comey's comments and clinton's past comments. that's what the trump campaign should have been ready with. i echo what nicolle was saying earlier. it's inexplicable to me that they were not better prepared and i think that speech last night was just unfocused and should have gone after what comey had said about her because i think the clinton team has
legitimate argument that comey, if he was not going to indict the job of the fbi director, recommend an indictment or not. but to go through that bill of particulars was devastating. that really isn't his job at this stage, at least. but by doing that, she is completely on the defensive. >> wait a minute, the campaign should not be complaining about james comey right now. they should be thankful that is, of course, he was going to be, if he wasn't going to recommend charges, he would do what he did. >> couldn't have done that for the reputation of the fbi. >> i think because of the -- >> i think he had to. >> line agents. you talk to prosecutors yesterday. they said they read into comey's statement, there was some debate among the investigators. they don't make the ultimate decision about whether or not to bring charges. i think he was trying to achieve more than what was apparent. >> no, but i think he was trying to protect the reputation of the
fbi. >> also said there were other ramifications for this. >> andrea, final word. >> it is going to resonate. >> this is going to resonate. this is going to hang over the entire campaign, especially with our own polling showing that trust and the trust deficit is one of her biggest issues. on the day she was going to be campaigning with the president and now in atlantic city to talk about donald trump's bankruptcies. >> mika's poll. f favorite poll of the year. >> nobody is bored, though. >> get bored with this. we'll be right back. you owned your car
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>> really? >> i'm surprised. i completely disagree with it. it's a case that, as a prosecutor for most of my life and wasn't just u.s. attorney, i was a third ranked official in the justice department, to me is a fail easy case. certainly under the nonintent statute it's a no brainer. >> what did he miss? >> i don't know. it's a completely -- if you read the first three-quarters of his report, it says indictment. lie after lie after lie. you know what you use lies for in a criminal trial? to prove intent. that's a smoking gun. i never had a case -- >> actually, mr. mayor, even james comey said the fbi director said that they destroyed e-mails in a way to make sure that you could never -- >> when i heard that, i said, my goodness, he's going to
recommend an indictment. then he said no reasonable prosecutor would bring this case. if you read the article in "wall street journal" today chief judge ingeneral, chief judge in the southern district of new york, this is an absolutely overwhelming case. a violation which makes gross negligence the standard. he found her to be extremely careless, her and the staff. if you look at the definition, the definition is extreme carelessness. people of lesser rank than hillary clinton have been diin t indicted and convicted. >> you now have republicans, many republicans pulling their hair over their nominee.
democrats this morning doing the same over their nominee. >> one thing we may be about to see is throughout their entire history the clinton's best friends have been their biggest political enemies, over and over again. you have a searing political indictment which goes to the heart of hillary clinton's claim, i am better than donald trump because he doesn't know anything and i've been there for 25 years. the director of the fbi indicting her in all but a criminal way. now, if the republicans were smart, that's what they would talk about. he has undermined her case for the presidency. if they go off on was it an indictment with respect to -- i think you're going to have this man, this director of the fbi, a republican, saying i can't find the evidence. they don't need that to make the political case. my guess is based on 25 years of what they've done, they will go
running in that direction and mis miss the point. >> i had my hat on as former u.s. attorney, i consider this decision an outrage, an embarrassment to the justice department and the fbi. politically i agree. i'd leave out the last part of his decision and i would say, jim comey tells you this woman shouldn't be within a thousand yards of classified material. she's a serial leaker of classified information. >> and he basically said a serial liar. >> there was something else he said. i'm curious as a former prosecutor, explain -- he said he's a former prosecutor, which people need to remember. it sounds like he's saying, look, if i brought this case, i
wouldn't get a conviction. that doesn't mean he doesn't think she was guilty of something. i don't have enough evidence to get the -- how much does that weigh in a decision on prosecution? >> it does. but not his. that's the attorney general's job. i disagree with him completely. he has a knockdown clear case of gross negligence. intent is always hard. you're dealing with circumstantial evidence and trying to figure out what's in somebody's mind. i think the destruction of 34,000 e-mails, the movement of the server, putting it in a private home. i'd love to try this case. i also agree with you politically that's over, that part of it. although the next attorney general could take this case up. >> hold that thought because we have to take a break.
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all the time goes to jeff. all right, jeff, your thoughts. continue the conversation. >> this reminds me of a senate race in virginia in 1994. the only two people who could have beaten each other. here you have the worst day of
hillary clinton's political life and what does mr. donald trump do? tells us that saddam hussein knew how to take care of terrorists. it's only early july. up next, only in the 2016 election cycle is it a good day when you don't get indicted. back in a moment. ♪ what are you doing? sara, i love you, and... [phone rings] ah, it's my brother. keep going... sara, will you marry... [phone rings again] what do you want, todd???? [crowd cheering] keep it going!!!! if you sit on your phone, you butt-dial people. it's what you do. todd! if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. i know we just met like, two months ago... yes! [crowd cheering] [crowd cheering over phone]
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investigation of secretary clinton's use of a personal e-mail system during her time as secretary of state. >> i opted for convenience to use my personal e-mail account, which was allowed. >> they were extremely careless in their handling of very sensitive, highly classified information. >> i thought it would be easier to carry just one device. >> she also used numerous mobile devices to send and read e-mail. >> we went through a thorough process to identify all of my work related e-mails. >> the workers did not individually read the content of all of her e-mails. >> and deliver them to the state department. >> it's highly likely that their search missed some work related e-mails. >> so that the e-mails were immediately captured and preserved. >> there was no archiving at all of her e-mails. >> that was my obligation. i fully fulfilled it. >> they deleted all e-mails they did not produce to state. and the lawyers then cleaned
their devices in such a way as to preclude complete forensic recovery. it is possible that hostile actors gained access. >> there is no classified materials. >> 110 e-mails contained classified information at the time they were sent or received. >> i'm certainly well aware of the classification requirements and did not send classified materials. >> even if information is not marked classified in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it. >> at the time this doesn't seem like an issue. >> none of these e-mails should have been on any kind of unclassified system. >> good morning. >> what just happened? >> i mean -- >> what just happened?
i mean, i don't get it. it's interesting. i was actually going to write a post for the "washington post" two nights ago and entitle it "i don't get it" because everybody was saying, oh, she's not going to be charged. i read the statutes and i looked at the information. i saw the people who had been charged in the past for doing much less than she did. and then yesterday morning jonah goldberg had a column called "i don't get it." this is like a scene out of "big." you're tom hanks and you're looking at this thing and i don't get it. there are people that have been convicted with no intent for doing far, far less. and their only crime in the end was their last name wasn't clinton, so they didn't walk. it's staggering. then you look at what's happened over the past week with the
meeting between clinton and lynch. you look at the dangling of the job offer in front of loretta lynch in the "new york times." you look at them trying to hide the interview on saturday morning fourth of july weekend. and then comey yesterday coming out saying she's guilty but we're not going to charge her with anything. in effect, if you read the statute, it was staggering what we saw yesterday. she's guilty, but we're not going to charge her. >> with us onset we have former communications director with president bush. steve ratner. >> i told you you shouldn't have come today. yesterday was my birthday. >> so we won't run the split screen clip again. happy rthday. >> thank you. >> still, the managing editor and cohost of with all due
respect that airs at 6:00 p.m. on msnbc. >> he's in trump land. >> trump land. oh. >> you know, i saw some clinton apologists say this is a big win for hillary clinton. it's pretty rough all around yesterday. >> well, i disagree with that in the sense that if you're at a fork in the road and there's a binary choice here, she gets indi indicted, doesn't get indicted. if she gets indicted she would almost certainly not be the democratic nominee and not the next president of the united states. that's the binary. she didn't get indicted.
all of them, the collective sigh of relief was audible. now, the "new york times" which has covered this quite well over the last 24 hours. one of the pieces yesterday described this as the worst possible piece of good news for hillary clinton in the sense that everything that comey said as a matter of politics is potentially devastating in the sense that republicans can use the things that comey said. this raises lots of suspicions. >> also proves that she just didn't tell the truth. from the very beginning, she just -- we have two candidates running for president of the united states who are completely disconnected from the truth. >> so what we have and what we just showed our viewers says that for itself. it's kind of hard to deny. i guess one does it better than the other in terms of the two candidates. which is really depressing and
alarming. yesterday in an unexpected news conference -- or was it -- fbi director james comey said the fbi would not be recommending charges against hillary clinton over the use of her private e-mail server while secretary of state, but not before delivering a critique of hillary clinton's handling of classified information as secretary of state. >> although we did not find clear evidence that secretary clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of highly sensitive classified information. seven e-mail chains concern matters that were classified at the top secret special access program at the time they were sent and received. those chains involve secretary clinton both sending e-mails about those matters and receiving e-mails about those same matters. we also developed evidence that the security culture of the
state department in general and with respect to the use of unclassified systems in particular was generally lacking in the kind of care for classified wbr id "wbr77511" information that's found elsewhere wbr id "wbr77530" in the u.s. government. from the group of wbr id "wbr77570" 30,000 e-mails returned to the state department in 2014, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. eight of those chains contained information that was top secret at the time they were sent. 36 of those chains contained secret information at the time. and eight contained confidential information at the time. there is evidence to support a conclusion that any reasonable person in secretary clinton's position or in the position of those with whom she was corresponding about those matters should have known that /b
an unclassified system was no place for that conversation. none of these e-mails should have been on any kind of unclassified system. but their presence is especially concerning because all of these wbr-id "wbr78130" e-mails were housed on unclassified personal servers, not even supported by full-time security staff like those found at agencies and departments wbr-id "wbr78220" of the united states government or even with a commercial e-mail service like gmail. i think it's also important to say something about the marking of classified information. only a very small number of the e-mails here containing classified information bore markings that indicated the presence of classified information. but even if information is not marked classified in an e-mail, participant who is know or should know that the subject matter is classified are still obligated to protect it. we did not find direct evidence that secretary clinton's personal e-mail domain in its various configurations since
2009 was hacked successfully. but given the nature of the system and of the actors potentially involved, we assess we would be unlikely to see such direct evidence. we do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom secretary clinton was in regular contact from her personal account. we also assess that secretary clinton's use of a personal wbr-id "wbr78881" e-mail domain was both known by a large number of people and ready apparent. she also used her personal e-mail extensively while outside the united states, including sending and receiving work related e-mails in the territory of sophisticated adversaries. given that combination of factors, we assess it is possible that hostile actors gained access to secretary clinton's personal e-mail account. this is brutal on all fronts. on all fronts. he even said that using gmail
would have been more secure than what she was using. that when she said there was no classified information, that was a lie. there was 110 at least. when she said nothing was stamped classified, it goes to what i've said all along. if you knew or should have known something was classified, the responsibility is on you. if you're sending e-mails about drone warfare, you know it's classified. where do you go with all of that? >> how low is the bar too? >> claims refuted by fbi findings if you're driving the car. no classified info, she says. that's not true. allowed by state. that was a law. turned overall work e-mails. that was a lie. used a single device. that was a lie. never breached, highly doubtful. >> and i understand what you're saying, that it was a good day because she wasn't indicted. but we spent three hours talking about 61% of americans who are alarmed. if the bar were any lower, it
would be buried underground. it counted as a good day for their she doesn't indicted. but what he did yesterday, i watched this live and thought oh my god, donald trump might stumble into the oval office. he cemented with those six exhibits what a lot of people worry about with her, which is that she has a horrifically difficult relationship with the truth, that the clintons don't just think they're above the law, they function in government as though they are above the law. >> by the way, they time and time again are proven to be above the law. you can lie under oath before a federal grand jury and you're fine. now, you get disbarred. they disbarred bill clinton, but you're fine. any of us lie in front of a federal grand jury, we would go to jail. we just would. if any of us mishandled classified information that way, it would not be followed by a
but we're not going to file charges. we would go to jail. there's a naval reservist last year, just put some classified information on a private laptop, tookt home to his apartment, had no intent to distribute. arrested, convicted. >> if that was a serious violation in the white house and you had to be retrained on security protocols. i mean, this is handled inside the white house and inside the state department with such seriousness. so the fact that she did all those things and then lied about it, you know, the old sort of political adage, it's the coverup, not the act that gets you in trouble. >> there's a couple things to be said. first, certainly from the standpoint of at least the legal disposition, that's good news for the clintons. number two, nobody including secretary clinton would say she's proud of this.
>> that really doesn't matter. >> let's go back to the u.n. thing. i think you have taken in some cases things that you can say she lied -- >> she lied. >> you can say she lied. >> i did. she lied. donald trump lies. we say it when he lies. why don't you say it? it will make you feel better. did she lie? >> she said stuff before later before this, she said she had misspoken. at the march 2015 press conference she said there was no classified information. later she said she didn't send anything that was marked classified. >> you know that's not the standard. >> good try. >> one final thing. >> one last thing? >> yeah. >> one last thing. you have to decide whether you're going to question the integrity of james comey whoological now has had an
unimpeachable reputation and where he said very definitively that there was no basis to prosecut prosecute her. >> that's not the only thing he said. >> anybody else would have gone to jail. i don't question james comey's integrity. i question his courage. he lacked the courage -- >> you question the courage of a guy who rushed to john a ashcroft's bedside? >> yes, i do. the fbi last year under james comey convicted a man who did far, far less. and i wonder how he's feeling this morning. go ahead. >> there is a big picture that is troubling as well, i think equally as disturbing . after that litany of violations that he outlined, some might say
that you would think he would recommend charges. that didn't happen. it seems to cap this investigation which many feel has the appearances of impropriety from the start. let's go back to president obama. president obama, the president of the united states, speaking out on the case. on the case. which is still active. in april. in april. take a look. >> hillary clinton was an outstanding secretary of state. she would never intentionally put america in any kind of jeopar jeopardy. and what i also know because i handle a lot of classified information is that there is classified and then there's classified. i continue to believe that she has not jeopardized america's national security. what i've also said is that -- and she's acknowledged that there's a carelessness in terms of managing e-mails that she has
owned and she recognizes. but i also think it is important to keep this in perspective. >> it was also shocking and we mentioned it back in october i think on 60 minutes where he said in october, while they were investigating, the president of the united states, who runs the justice department, no evidence. she did nothing to jeopardize national security. that's not what comey said yesterday. and here you have the chief law enforcement officer of the united states deciding almost a year before the findings come out that there's nothing to see. that is frightening. >> flash forward to eight days ago when president bill clinton had a private meeting with attorney general loretta lynch on a tarmac in phoenix inside her plane. lynch says they discussed personal issues like golf and grandkids, unrelated to the investigation of secretary clinton. only it was followed up days later in the new york time which is reported that the clintons
appeared to dangle a job in front of the attorney general. quote, democrats close to mrs. clinton say she may decide to retain ms. lynch, who took office in april of 2015. >> this written in the "new york times" in the midst of an investigation that would indict hillary clinton and end her presidential run. and the "new york times" doesn't even write at the end of that sentence, currently mrs. lynch will have the decision on whether to prosecutor hillary clinton for matters related to her e-mail. >> and then yesterday, fbi director comey said they cannot find a case that would support bringing criminal charges as they lack intent. >> although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. this is not to suggest that in
similar circumstances a person who engaged in this activity would face no consequences. to the contrary, those individuals are often subject to security or the administrative sanctions but that's not what we're deciding now. >> but if intent is the issue, because he said there was no intent, so they couldn't charge her. >> then what about the case less than one year ago, a former naval reserve commander plead guilty to the unauthorized removal and retention of classified materials. nearly nine years ago while stationed in afghanistan, he had access to classified briefings and records that could only be retained and viewed on authorized government computers. he caused the materials to be downloaded and stored on his personal unclassified devices and carried those devices off base and ultimately back to the u.s. once his deployment ended. once back home, he copied these
materials onto at least one unauthorized and unclassified system. he admitted he handled classified materials inappropriately and that he destroyed some at home. an fbi search of his home recovered numerous classified materials. the investigation however did not reveal evidence that he intended to distribute classified information to unauthorized personnel. >> it said they did not find intent. >> he was ultimately sentenced to two years probation, a $7,000 fine and was ordered to surrender any held security clearance and to never again seek such a clearance. >> here you have a naval reservist that took a personal laptop with classified information home, kept it there, never distributed it to anybody and was actually convicted. when the fbi said they found no intent.
james comey yesterday said if there's not intent there, prosecutors don't file charges. they did a year ago. >> what are you going to do, though, when the president says six months ago -- >> yeah. and you've got the president of the united states -- again, we've gone down this litany of how horribly this administration has handled this investigation. and then you've got the president of the united states going out trying to cover up the news of the day and there were people stupid enough to lead with barack obama and stupid enough to lead with barack obama and hillary clinton on the campaign trail together. stupid enough to take their bait. stupid enough to follow what the white house wanted them to follow. nothing to see here, move along. the whole thing really is an unfortunate stain on the obama administration, is it not? >> well, look, at the time the president said what he said, we discussed it at length on the program. it was either the case that somehow he knew the facts of the investigation and was sort of teasing them out or he was just
saying it with no facts. it seemed like the wrong thing to do at the time. he couldn't possibly have known then all the things that comey listed yesterday. comey did something extraordinary. >> you're saying -- you're right, the president just made it up six months ago. if you listen to what comey said, the president was dead wrong when he went on 60 minutes in the fall saying that she didn't jeopardize national security. he was dead wrong and reckless while the fbi agents were investigating this case. >> clearly an improper thing for a president to do in the midst of an ongoing investigation. what comey did yesterday was extraordinary. it's not really the role of the head of the fbi or a prosecutor to say here's all the facts we found. he convicted her in some ways without giving her a chance to respond. i believe now because he's opened the door, we're going to eventually hear from fbi agents
who worked on the case. be interesting to see if they all agree with his decision. the prosecutors the fbi was working in tandem with, what do they think about this decision. and it will be debated quite a bit in the context of the campaign trail. the trump folks are looking at what comey laid out or looking at some of the discrepancies between what she said and the facts. the fact they claimed that they read every e-mail and meticulously handed over all the work related ones has now been, by comey's account, proven to be wrong. i think other people with knowledge of the case are likely on the record and in other ways to weigh in as well. still ahead, lowe'll get alberto gonzalez's take on this. and the great denis leary joins the table. we'll be right back. and when wbr id "wbr86941" millions couldn't get health care, this first lady worked with republicans and democrats to fix it. /b
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who's the most angry about this? i think the one with the most to lose is bernie sanders. honestly, he was waiting for the fbi primary. guess what? he just lost today, the fbi primary. he lost the fbi primary. bernie, my poor bernie, oh bernie, i feel so badly for bernie. >> donald trump out last night. you had an interesting reaction. >> so i was here yesterday for the breaking news coverage of the fbi presser and the obama/hillary speech. i thought yesterday would be a day when someone on the trump campaign could assemble the montage that we did where you don't even have to call her crooked hillary. you just show it.
so i had an expectation -- i had projected my own hopes about what a functioning trump campaign might look like. i got home in time to watch his rally and i turned it on and i watched all 66 minutes and i we want. it was really a night where he could have not talked at all and maybe moved up in the poll. >> stayed out of the way. >> i disagree. >> are you saying praising saddam hussein was a mistake? >> yeah, it was a mistake. but it was a night to focus your message on exhibit a, folks. i've been called her crooked hillary all along, but don't take my word for it. listen to what james comey said. in all seriousness, he could have begun to prosecutor the case against her. he has a 20% lead -- >> i think he did do that. >> it was crowded by 67 minutes
of word soup. >> all the cases prosecuted involve some combination of clearly intentional and willful mishandling of classified information or vast quantities of information exposed in such a way to support an inference of misconduct or indications of disloyalty to the united states or efforts to obstruct justice. we do not see those things here. >> the fbi director said no reasonable prosecutor would bring a case against hillary clinton over the e-mails. we'll see if former attorney general alberto gonzalez agrees with that.
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so the ag met with the president, met with president brik bill clinton. how about that deal? he's waiting around at the airport. oh, look the ag is coming. let me go say hello. 39 minutes i'm going to talk about the grandkids. i have eight grandchildren and i will tell you ki talk aboi can them. after i say, isn't she beautiful, about after a minute i can't go much longer. ms. attorney general i have the most beautiful grandchildren you've ever seen. let me show you a picture. isn't that great? aren't they beautiful?
now he's starting to run out of words. that's 30 seconds. now he's going to talk about golf. you can't talk about golf that long. what else are we going to talk about? let's talk about hillary. >> okay. you get it now. i'm sorry. we have been criticizing him for being off message. >> i haven't been. >> you have. >> no, i haven't. >> i have. >> you've got to admit it's funny. >> hysterical. >> you want to know what grandparents actually think of your kids? that is what they actually think. >> his point is, of course you can talk about it for a while. >> the clinton campaign was considering keeping loretta lynch on beyond 2016 was a, quote, bribe. >> what do you think of that? >> i think the whole thing looks
horrible. i had my freakout. i just let the story speak for itself. in the course of like six days, the worst optics i've ever, ever, ever, ever seen. >> but they are optics. >> no, they're just not. >> hold on. when you put out to the "new york times," who by the way decides -- the "new york times" decides shockingly not even to mention oh by the way, the name they are floating is a woman who has the possibility of ending her presidential campaign by indicting her. when they put that out in the "new york times," it just shows how stupid the clintons have always taken us all for being. they think everybody is stupid, and they always have. >> fine. all i'm saying -- >> stop right there. >> all i'm saying is that in the end it didn't matter because
comey came out, made his statement and it's over. >> joining us from nashville, tennessee, former attorney general under president bush alberto gonzalez. nbc news correspondent hallie jackson also joins the table. >> whether your reflections on jim comey's decision yesterday? >> you know, surprising, i'd have to say. of course, i have to give him the benefit of the doubt without actually looking at the evidence. given his public statements and what's in the record, i'm a little bit surprised at the outcome. what i'm really surprised about was the statement that no reasonable prosecutor would bring such a case. that is not his job. his job is to do the investigation, present the evidence and maybe privately as a former prosecutor give his assessment as to whether or not to move forward. to say that no reasonable prosecutor would bring such a case, means that if anyone dare
disagree, you're unreasonable. if loretta lynch decides to move forward, she's unreasonable. if she does, what does that do to jim comey's credibility and judgment? i think that statement was interesting. >> i think in that news conference james comey, who has a storied career that few can question really, put his entire credibility on the line. there's no other way to look at it. i mean, is there? >> rudy giuliani who actually was a former colleague of his, has the greatest respect for him, just said it's a clear misreading to ha ining of the l face. that comey in the first half of the press conference shows why there was gross negligence and then ended it by saying he was not going to bring any charges. >> i respect his service. but again, his job is not to make an assessment as to whether
or not there could be a prosecution. his job is to present the evidence. he could offer a recommendation or opinion, but it's up to the prosecutors to decide whether or not to move forward with the prosecution. that is not the job to have fbi director. as an institutional matter, i found that comment to be very troubling. >> let's switch topics for one minute. you previously said that donald trump's views don't represent the views of america and the republican party. do you still feel that his views, especially on issues like race, do not represent the views of america? >> i'm troubled by some of the comments that donald trump has made. i'm hopeful they don't reflect his true feelings about people based upon their ethnicity. i think he's got some work to do to shore up the base and to at tract enough votes to make him
successful in november. we'll just have to wait and see. >> how disturbed were you that he referred to an indiana judge as a mexican simply because his parents immigrated from mexico here? >> i think that was somewhat short-sighted and obviously offensive to many hispanics and others in this country. i wrote an op ed that as any litigant would have the right to question the impartiality of a judge, but to question that impartiality of that judge based solely on his ethnicity i think was wrong. again, just another mistake he's made during this campaign. >> do you support donald trump right now given all of the statements he's made regarding race, regarding hispanics, regarding muslims? >> from my perspective the two most important decisions the president has to make deals with the supreme court and national security. hillary clinton said she's going to continue president obama's foreign policy, which has been a disaster. i don't think donald trump will be any worse than hillary
clinton with respect to foreign policy. i already have a pretty good idea what hillary clinton is going to do. the list of possible people that donald trump might appoint gives me some hope he will do a better job in making appointments to the supreme court. again, let's -- we keep saying hopefully he'll turn this around. i remain optimistic that he's going to do and say the right things to make him a viable candidate going into november. >> hallie jackson covering trump. i'm sure he was all over this, right? >> well, kind of. you guys know, right? >> i think he did well. not that i wanted this to happen but i think he keyed in on some really specific words that resonated with the american people. >> i think there's a sense in the republican world that he
should have gone after this harder and sooner and earlier. he finally now is tweeting this morning a clip. take a look. we're going to play you about 30 seconds of it. i did not send or receive any wbr id "wbr97355" information that was marked wbr id "wbr97376" classified at the time. from the group of 30,000 e-mails returned to the state department in 2014, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. at the time. at the time they were sent or received. so it's comey's words, it's clinton's words. again, this is something that as soon as you saw james comey deliver that press conference, a lot of folks thought where is this video. steve, you said a coupl of minutes ago that this is over. this is not. this is going to be fodder on /b
the campaign trail for donald trump for the next four months. crooked hillary, there's backup to that now in his view. the trump campaign says over 6 million views so far of that video. on facebook, yeah. that's pretty extraordinary. wbr-id "wbr97976" incredible. they are actually getting their message out maybe in a nontraditional sense but they're getting that message out. just in case i misspoke, i meant the question of whether she's going to be indicted is over. obviously the politics are going to go on for a long time. i have been. i've got to tell you, it's a political indictment. i think people can connect with this and they already do with the honest and trustworthy numbers. it sounded like he indicted her for ten minutes and then spent five minutes explain why he wasn't. still ahead, quote, he'll
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. me and debbie harry. >> that's fight. if you can handle it.
i can handle it. i'll be your music director. i'll pick out the songs, make the set list, come up with a title. you just worry about singing and i'll handle everything else. except the check. grammy winner picks up the check. >> five time grammy winner. >> you won five grammy's? >> six actually. here's a look at season two of the fx comedy sex, drugs and rock 'n' roll. >> i want to speak up for my profession. i've worked with hostile actors. we're throwing this term around too much. >> who's hostile. we're so out of it. >> the fbi guy was saying --
everybody refers to that now, hostile actors. he's turned me into a hostile actor. >> season two starts up. sex, drugs and rock 'n' roll. it's amazing. >> we were all going to be rock stars and then we failed. so 25 years later my 22-year-old daughter decides she wants to be a rock star. she's beautiful. and it ends up she can actually sing. so we hitch our wagon to her star. so the show's really about -- all bands are dysfunctional. all our favorite bands of all time. >> the who, the clash. the sex pistols. >> so we're the same dysfunctional band except we
never made it, which only makes it worse. at age 50 when we hitch our star to this 22-year-old, we're all like just out to elbow each other out of the way to become stars. can you name a rock star that became a rock star after the age of 25? >> it houaunts me every day. by the way, so i get up there and play and sweat for like three hours on the upper west side. >> did you have a band back then? >> i did. >> what was the name of the band back then? >> it was a lot of different names. >> what was the name? >> what was the name? >> what kind of band was it? >> alternative. >> did you write songs? >> yeah. i still write songs. i've been writing songs forever. >> don't get hostile. i have a hostile actor on my hands. >> the funny thing is, though, i get up there and sweat for a
couple of hours and then my 12-year-old daughter, i say, come up, sing a song. she comes up and everybody's like oh my god she's really great. they're like she can actually sing. what am i supposed to do with that? >> there's a difference in rock 'n' roll, though. the girl who plays my daughter is an unblelievably talented singer. she has one of those voices that she started out on broadway when she was like 13 years old. she's classically trained. i can't sing, but i can screech. bruce springsteen isn't the greatest singer but he's great at what he does. >> so talk about your background. did you play music growing up?
>> my dad was a musician when he came from ireland to new york. he played the accordion. he was great musically but he couldn't feed his family that way. he became an auto mechanic and played in irish bands on the weekends. my baby sister played the fiddle. >> but do you play anything? >> my dad wanted me to play the piano. he said that's like the key to everything. >> it really is. >> because i'm an idiot, as soon as he wanted me to play the piano, i was like i'm going to play the guitar. i can play the guitar really badly. i have a band and we do this song i can't say the name of i think on morning joe. it was a hit for me. so i picked up the guitar once, we did an mtv unplugged. i'm not allowed to play in
public. >> almost famous is my favorite movie. why do people love movies and tv shows about dysfunctional bands? >> i had so many friends in rock 'n' roll. a lot of them played with famous guys but aren't famous themselves. i got to witness what goes on behind the scenes. i've seen steven tyler and joe perry fight right up until they get on stage. i read pete townsend's book and he talked about roger daltry punching him in the face. there's a feistiness to it that makes the music happen. >> one of my favorite movies was about aerospace going to see --
>> it's 10:00 p.m. on fx, denis leary. ♪ using 60,000 points from my chase ink card i bought all the framework... wire... and plants needed to give my shop... a face... no one will forget. see what the power of points can do for your business. learn more at chase.com/ink
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