Were extremely careless in their handling of very sensitive, highly classified information. For example, seven email chains concerned matters that were classified at the Top Secret Special Access Program at the time they were sent and received. Those chains involve secretary of state both sending emails about those matters and receiving emails about those same matters. There is evidence to support a conclusion that any reasonable person in secretary clintons position or in positions with whom she was corresponding about those matters should have known that an unclassified system was no place for that conversation. Now donald trump says this in North Carolina. And weve got Hillary Clinton, whos weak, whos ineffecti ineffective, shell never be able to do the job. Her judgment is horrible. Look at her judgment on emails. Who would do it . Look at her judgment. Her judgment is horrible. When you hear what was said by the fbi director today and you listen you listen to what he said and in the middle of it he was talking about so many different things. He talked about extremely careless, she was extremely careless. Thats a tremendous word. You didnt have to be careless. You didnt even have to really know that what you were doing was wrong and youre guilty because were talking about serious stuff. Were talking about the life blood of our country. Were talking about the safety of our people. The laws are very explicit. Stupidity is not a reason that youre going to be innocent, okay . Its not a reason. And i dont happen to believe that it was stupidity, okay . But even stupidity is not a reason. And, boy, what theyve done. And 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 was in on her server. She lied. And president obama with an entirely different view of the woman he once ran against and now supports. I saw how deeply she believes in the things she fights for. And i saw how you can count on her, how she wont waiver and she wont back down and she will not quit now matter how difficult the challenge and no matter how fierce the opposition. And if theres one thing i can tell you, charlotte, is those things matter. Thats things matter. The truth is nobody fully understands the challenges of the job of president until youve actually sat at that desk. So you cant fully understand what it means to make li lifeanddeath decisions until youve done it. But i can tell you this Hillary Clinton has been tested, she has seen up close whats involved in making those decisions. She has participated in the meetings in which those decisions have been made, shes seen the consequences of things working well and things not working well, and there has never been any man or woman more qualified for this office than Hillary Clinton. Ever. [ cheers ] and thats the truth. Thats the truth. Now listen to Hillary Clinton herself going after the gops presumptive nominee with both barrels. The world hangs on every word our president says and donald trump is simply unqualified and temperamentally unfit to be our president and commander in chief. Here to discuss this is Michael Isikoff, jeffrey toobin, and mark mukasey, a former supervisor prosecutor. Hillary clinton interviewed voluntarily and comey says hes not going to recommend charges. Take us behind the scenes of a decision like this because youve worked for him. You say hes not afraid to pull the trigger. Hes not afraid to pull the trigger. If you look at his track record, he prosecuted zacarias, martha stewart, a bunch of the communications scandals of the recall 2000s. The first thing he said to us when he became federal prosecutor was dont ever become a member of the chicken ship club chickenish we call it. He said bring cases, try cases and dont be scared, which was inspiring. Now, with respect to the Hillary Clinton case, a three and a half hour interview on a saturday in a case involving tens of thousands of documents, thats a quick interview. I think jim comeys integrity is unquestionable. A three and a half hour interview is rocket fast. Ive had cases way less than this where people have been interviewed for hours, days, weeks. So what are you saying . I think jim probably had a sense that this case was not winnable at trial. I dont really understand why. Its hard to convince 12 people beyond a reasonable doubt that the sky is blue. Some people say the sky is gray and its pink and its black and its whatever it is. Especially if youre talking to a politician but go on. This is true. Having the evidence to prosecute is difficult than having the evidence to convict. And in this case theres no question he had the evidence to prosecute, right . The definition of gross negligence is an extreme departure from the standard of care. Jim said today that she was extremely careless. He never said gross negligence. He said extremely careless. The definition is an extreme departure from the standard of care. So jim, im assuming, knew something that made this case not convictable at trial. He didnt think it was winnable. Im going to go to jeffrey now. He knew something but it just wasnt three and a half hours or three hours or so because he interviewed lots of her staffers, some of them took the fifth. He didnt recommend any charges. Is there still a chance that justice will recommend charges . Because the head of justice has said im going to go with what the fbi said. Basically zero. The fbi is not going to get overruled by the Justice Department. I mean, it has happened in history that fbi agents have said dont prosecute and then the Justice Department says, no, we are going to prosecute, but in a case like this given these circumstances, given the credibility, given the stature of jim comey, i just think there is essentially no chance that this case now proceeds at a criminal level. Michael isikoff, i have a threeword question based on what youve heard from commissioner comey, a threeword question, did hillary lie . Well, if you listen to director comeys statement, he certainly didnt say that, but he did undermine virtually every pillar of her Public Defense on this since the getgo. She had said she turned over all her workrelated emails. Comey said not so. The fbi found self thousaveral workrelated email not turned over. She said originally in her original press conference she did not send any classified information via email. Comey clearly said not so. They found email chains going up to top secret classified programs that were sent and received on the computer server. She had said that there was that she had been claiming as recently as last weekend this was a security review. Comey made Crystal Clear that from the getgo, the fbi was focused on whether she violated a federal felony statute. This was a criminal investigation. So everything she said publicly, comby undermined her. But that said, when it came to the point where he was discussing why the fbi was not recommending criminal charges, what he talked about was the law and the precedent. He said that the fbi looked at the precedent for cases that the Justice Department has brought for classified information, and he found no precedent that matched the details in this case. Even general petraeus, which is the one that Hillary Clintons critics have pointed to the most, involved a conclusion by the fbi that he had lied to them about disclosing classified information but that was my original question. Did she lie . Right. He found no evidence that Hillary Clinton lied to the fbi. People can reach other conclusions about how truthful she was in her public explanations about what happened. Let me jump in here because this is to me the most important sentence and i want all of you to listen to this. This is from his transcript. He said separately it is important to Say Something about the marking of classified information. Only a very small number of the emails containing classified information bore markings indicating the presence of classified information, but even if information is not marked and this is in quotes, classified, in an email participants who know or should know that the subject matter is classified are still obligated to protect it. Does that mean she lied . She was saying nothing is classified. And what does that mean . I think she was clearly wrong. I mean, as the great Michael Isikoff pointed out, this is the fact that this these emails contained classified information. That is beyond dispute. But it didnt have a stamp on it that said but it didnt have a stamp on it. She should have known it was classified. Her statement evolved. At first she said i didnt pass along any classified information. Then she changed it and said i didnt pass along anything that was marked classified. That i dont think has been refuted by what comey said. Maybe michael heard different. I didnt hear comey say there was information marked classified. Comey said any reasonable person would have known that the content of these emails should not have been passed along on a private server. That leads to only one of two conclusions Hillary Clinton is not a reasonable person who understood that, maybe shes not a reasonable person because she thinks shes above the law and she never understood that this cant be put on a private server because she thinks i can put anything on a private server because im Hillary Clinton, or there was no evidence that she understood that and either way shes a loser. Michael, ill give you the first one on the other side of the break. Well be right back. Im free to do what i want and have a good time. The ford freedom sales event is on and zero for 72 is back on 2016 ford focus, fusion and escape. Plus specially tagged vehicles get an extra 1000 smart bonus. That means freedom from interest. And freedom to choose. With ford, americas best selling brand. Im free, baby now get 0 financing for 72 months. Plus, specially tagged vehicles get a 1000 smart bonus. Only at the ford freedom sales event. Feel free. Im in charge of it all. 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Fresh ingredients, stepbystep recipies, delivered to your door for less than nine dollars a meal. Get your first two meals free at blueapron. Com cook. The fbi director not recommending charges against Hillary Clinton over her use of private email servers, but calling her extremely careless in handling classified information. Back with me, Michael Isikoff, the author of uncovering clinton, jeff rey toobin. Do you have another book coming out . Yes, it calls called and i think he was concerned if he did not make a Statement Like this, the Justice Department would put out a very bland statement saying there had been no theres no recommendation from the fbi, no charges should be filed. He wanted to make a statement about just how serious the fbi viewed this. But that said, you have to go back to the analysis that who pointed to at the end of his statement saying there was no precedent in previous cases that would have formed the basis for bringing criminal charges and it would have been extraordinary to bring criminal charges or to recommend trillicriminal charge against the Presumptive Democratic nominee. Do you think there should have been charges . No, brother isikoff is right. You dont come up with a novel legal theory for the candidate for president of the United States. I think the fact that she exercised extreme carelessness squares exactly with the gross negligence standard and the fact that theres no precedent for this, this is not like a judge who needs to follow precedent of his appellate courts. If you have the proof, if you have the law and you have the facts, you can bring a case, even though no ones ever done the exact same thing before. Even with no precedent. Absolutely. What about intent . This is not an intent crime according to the gross intelligence standard. But it has always been prosecuted as an intent crime. And you do not have to always do what your predecessors have done. If the facts are there and the law is there, you can bring a case as a matter of law. Why didnt he do it . I dont think it was political because i think jims heart and head are in the right place. You said he carefully avoided the term gross intelligence. He didnt say the term gross intelligence. This is Reince Priebus and then ill get your answer. Play that, please. He described gross intelligence and then recommended no charge. Now, if he would have come out and said the opposite of those things, in fact, there was no classified email and the fact that she was telling the truth about all of these things and then said and therefore, you know, there was no intent, theres really not even kind of gross intelligence here and therefore there is no charge. But he didnt do that. So no one can figure this out right now how you define gross intelligence on one hand as a lawyer and then you dont recommend it while there are other folks that have been charged and are being charged for far less conduct without intent. Some of these cases have no intent and theyve been charged under the same for the conduct similar as Hillary Clinton. It doesnt make any sense. Hes saying that, i heard the speaker of the house say on fox gross intelligence, though comey never used the term gross negligence. I agree with reince that the case jim made out today in his statement could have been prosecuted as a gross negligence violation. Sometimes the hardest decisions for prosecutors are the cases not to bring and only jim knows. Hes not a scared guy and hes not a kowtowing guy. He must have some reason why he thinks what do you mean he must have. He gave the reasons. He said it. Go ahead jeffrey. He said it. And another factor that comes up in white collar cases is the prosecutors look did the person cover up . Did they lie about what they did . Did they try to destroy documents . And in all of those areas, he said no, there was no effort on her part to cover up what she had done. That she had been forthcoming about with the fbi interview and well, lets parse that a little bit. Hillary clinton clearly has been lying to the public. Whether or not Hillary Clinton told the truth in her three and a half hour interview none of us know but shes clearly been lying to the public. The political fallout from this is far from over. This was hardly an exoneration of clinton, of secretary clinton, and its worth noting that none of this none of the evidence was presented to a grand jury, which means its not covered by grand jury secrecy. So already you are hearing from members of congress and certainly theres going to be foia requests to see the full investigative files on, this to see what the various witnesses said. So that in and of itself will keep this going. Beyond that theres issues about some of secretary clintons top aides, Jake Sullivan in particular, who is her top Foreign Policy adviser who sent and received some of the emails in question. Comey said there could be in cases such as this security and administrative penalties. Jake sullivan has been widely talked about as a future National Security adviser for clinton. You know, will there be a cloud over that, over him because of this. And finally, the last thing worth pointing out, jim comey was nominated by president obama in 2013, he has a tenyear term. He is going to be serving through the next the full term of the next president of the United States. If that is president clinton, it going to be very interesting to watch the relationship between a president clinton and an fbi director like jim comey, who has so publicly rebuked her. The best thing that could happen to Hillary Clinton is another fiasco investigation like the benghazi investigation where a bunch of incompetent publicity hounds chased secretary around a desk. I mean, this is just the exact worst thing the republicans have. I said lost word to michael but jeffrey jumped in. I apologize to you and to michael. No, the other guys are old hat to this and youre new to this. I am rich. In my gentlemans quarters, we sip champagne and peruse my art collection, which consists of renaissance classics and more avantgarde pieces. Yes, i am rich. Thats why i drink the champagne of beers. North carolina is a key battleground state in november. Both Hillary Clinton and donald Trump Campaigning there today. For the first time president obama the campaigner in chief on the stump with Hillary Clinton. Here to discuss, Jennifer Granholm and andre bower, supporting trump. Governor granholm, its South Carolina an