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all right. according to the mainstream media, the a.p. the fact check they have hillary sidesteps the issue since some of the information exchanged might not technically be classified but could still be sensitive material. here s what she said on the security of her private server. it had numerous safeguards. it was on property guarded by the secret service. and there were no security breaches. all right, the server may have been physically guarded by the secret service, but as the a.p. points out she provided no evidence that it hadn t been compromised by hackers. and she did not disclose who administered the e-mail system. and if it was monitored and received software security updates, we didn t know about that either. here s hillary s excuse for not using a government e-mail address. when i got to work as secretary of state i opted for convenience to use my personal e-mail account which was allowed by the state department ....
Very deeply into this if they re going to look into it at all is to determine whether or not she was sending those e-mails were going to government servers. her defense is that those documents were there. she did nothing to conceal ordestroy that information. but do we know that? and how does she get to decide which e-mails to delete 32,000 of them? she said i used to e-mail my husband. according to her husband spokesperson he doesn t e-mail. i agree with you. but the way these are written and the way things are changing and the policies are changing i agree no single person should be the arbiters. how legally can either the benghazi select committee or the a.p. get that server? with a subpoena. can they get that? i believe that they can get a court ordered subpoena. how? if there is an issue, if they can show that there is a probability that something is awry here, that some federal law ....
A lawsuit against the state department. now, the a.p. s executive editor stated the freedom of information act exists to give citizens a clear view of what government officials are doing on their behalf. when that view is denied the next resort is the courts. joining me now for legal analysis, criminal defense attorney and host of justice judge. let s start at the beginning. the a.p. first requested documents and e-mails. in 2010. five years ago. right. so what is the law in terms of did she break the law? all right. there are several issues here. i don t know if you re going to agree with me on this but number one, unless we can prove she intentionally destroyed something that was a part of the federal record that should have been preserved or if she is concealing stuff that should have been preserved, those are federal crimes. that goes without saying. there is no question she violated state department rules. and the question is has she ....
But the way these are written and the way things are changing and the policies are changing i agree no single person should be the arbiters. how legally can either the benghazi select committee or the a.p. get that server? with a subpoena. can they get that? i believe that they can get a court ordered subpoena. how? if there is an issue, if they can show that there is a probability that something is awry here, that some federal law was violated. does the length of time that she has chosen to comply, does that justify it? i would argue in that request that this whole setup was designed to defy freedom of information, designed to defy classified information. and the right judge would agree with you. absolutely. the wrong judge would not. respectfully i don t know if i would agree with that because lots of times government workers, may not be the best practices but doesn t mean heir doing something illegal so long as the e-mails she s sending and she s indicated ha ....
She hasn t complied with the a.p. she hasn t complied with the benghazi select committee. well, sean, i think a lot of this is going to come down to and i agree with the judge from a prosecutorial standpoint was there an intention? was there a willful deception in order to try to prevent information from coming out? can t a reasonable person conclude there was an attempt at deception considering she waited five years in one case and it s been two years and she hasn t handed over what she should have been recording according to the records act? prosecutors are going to look very deeply into this if they re going to look into it at all is to determine whether or not she was sending those e-mails were going to government servers. her defense is that those documents were there. she did nothing to conceal or destroy that information. but do we know that? and how does she get to decide which e-mails to delete 32,000 of them? she said i used to e-mail my husband. according to her husb ....