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>> suggest criminal liability here to you? all i've seen so far other than that 1950 law is regulations. when john mccain is out there saying, you know, she committed a crime, that to me is a wild overstatement. >> i don't think that part of the law has criminal penalties attached to it. affirmative responsibility for agency heads to insure that the information of the agency is properly managed and nobody -- i keep imagineing at a confirmation hearing what's your plan to make sure the agency's records are well managed because the state department has had issues around this sort of thing before. the issue never, well, i'm going to hire someone to set up a server i'm going to manage personally. >> john, is it a question to you also that nobody noticed this? there's two parts to this. there's the state department and then there's the white house. and the president who you know chose her for secretary of state. did they not notice that she was using her own erg-mail?

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