Transcripts For FOXNEWSW The Kelly File 20160706 : vimarsana

FOXNEWSW The Kelly File July 6, 2016

Where she campaigned with president obama today. And we begin with katherine herridge, who has been following the investigation from the very beginning. Katherine, good morning. Comey uncharacteristically did not take questions. Fbis findings undercut clintons statements about her use of a personal unsecured server. Comey said there is evidence of wrongdoing but thats as far as it went. Our judgment is that no reasonable prosecutor would bring such a case. Reporter the fbi director said the investigation found then secretary of state Hillary Clinton sent or received 110 classified emails, nearly half contained intelligence at the top secret and secret level. None of these emails should have been on any kind of unclassified system. Their presence is especially concerning because all of these emails were housed on unclassified personal servers. Reporter comey said it should have been clear to clinton and her team, many of who are lawyers, that classified information was outside secured government channels. Any reasonable person in secretary clintons position or the position with whom she was corresponding about those matters should have known an unclassified system was no place for that conversation. Reporter that finding conflicts with clintons repeated public denials. I did not email any classified materials to anyone on my email. Reporter as fox news first reported, some emails were marked classified at the time. Another finding confirmed today by the fbi director. Only a very small number of the emails here bore markings that indicated the presence of classified information. Reporter clinton consistently told the public otherwise. Nothing that i sent or received was marked classified and nothing has been demonstrated to contradict that. Reporter comey said clinton used multiple servers, less secure than government and her private email address was no secret. Known by a large number of people and readily apparent. She also used her personal email extensively while outside the United States, including sending and receiving workrelated emails in the territory of sophisticated adversaries. Reporter last month clinton insisted the system was not hacked. Any indication that your private server was hacked by foreign hackers . Not at all. Reporter he said they recovered most of the deleted emails but their job was made much harder because the clinton lawyers never fully read emails before deleting them. It has been sufficient to give us reasonable confidence there was no intentional miscondu misconductens handling of classified information also reflected a casual attitude of the department she led, the fbi director said. Although we did not find evidence that she or her colleagues intend ed to but wer extremely careless in their handling of highly classified information. Reporter the state department rejected the bureaus findings. We dont share the broad assessment made of our institution, that theres a lax culture here when it comes to protecting classified information. We take it very, very seriously. Reporter the white house said comey can defend himself. The matter is technically with the Justice Department. After meeting with bill clinton, Loretta Lynch said she would accept the findings of career prosecutors and investigators. Katherine, thank you. Youre welcome. Recommendation of the fbi saying no one should be above the law. Quote, declining to prosecute secretary clinton for recklessly mishandling and transmitting National Security information will set a terrible precedent. The findings of this investigation also make clear that secretary clinton misled the American People when she was confronted with her criminal actions. President obama said he believes in Hillary Clinton, despite the fbi findings that she mishandled classified information. Commander in chief joined clinton on the campaign trail for the first time today, a joint appearance that was planned in advance of comeys statement, but occurred just hours after it. While the two spent plenty of time talking, neither addressed the email investigation directly. Reporting tonight from North Carolina. Reporter the announcement from the fbi could not have been timed better, allowing Hillary Clinton to campaign with president obama without the cloud of a possible indictment hanging over her. Ive also known him friend that i was honored to stand with in the good times and the hard times. Someone who has never forgotten where he came from and, donald, if youre out there tweeting, its hawaii. Days after a controversial meeting between her husband and attorney general Loretta Lynch, secretary clint sben president obama held their First Campaign event together. The stage had already been set. Only hours after comeys announcement, the once adversaries, now allies, landed in the key battleground state of North Carolina. Im ready to pass the baton. And i know that Hillary Clinton is going to take it. And i know she can run that race, do a good job, better schools and save the streets and safer world. And thats why im fired up and thats why im ready to go four years ago, three blocks from where they spoke today, president obama received his partys nomination, though he lost the tarheel state to mrm in 2012. Four years earlier, he became the first democrat to win North Carolina in 32 years. I had a chance to see upclose just how smart she was and just how prepared she was. Especially since i had to debate her a couple dozen times. Lets be clear. She beat me in the first you dont have to rub it in. Reporter no mention today of the fbi decision. Clintons Campaign Spokesperson issued the statement after comeys announcement. Quote, we are pleased the career officials handling this case have determined that no further action by the department is appropriate. As the secretary has long said it was a mistake to use her personal email and she would not do it again. We are glad that this matter is now resolved. And we have just learned that Hillary Clinton will campaign during the Republican National convention, addressing one of the largest trade unions. A break from past political tradition. Jennifer griffin live in North Carolina tonight. Thank you, jennifer. Long history of Public Service at or near the pinnacle. James comey has served under both democrats and republicans but says politics did not play a role in todays recommendation to the Justice Department. I have not coordinated this statement or reviewed it in any way with the department of justice or any other part of the government. They do not know what im about to say. Tonight chief washington correspondent james rosen examines comeys career in depth and finds a unique figure both seen as an incorruptible lawman and savviest of animals. Indeed, from his service on the Senate Whitewater committee as a u. S. Attorney in new york, a brief tenure as Deputy Attorney general. Now as head of the fbi, james comey, all 68 of him has always enjoyed a reputation in lay terms as a boy scout. And i think that that reputation will maintain itself afterwards. And i think its really hard to judge, to second guess his judgment without being on the investigative team. But i dont have any doubt that he made the judgment that he thinks is appropriate in the case. Disclosure that attorney general Loretta Lynch met privately with former president clinton last week and lynchs subsequent decision, short of a refusal to accept whatever recommendation the fbi and career prosecutors offered in the clinton case. Many analysts saw comeys lengthy statement as an effort to preserve the bureaus reputation and his own. None of that mattered to us. Only facts matter. The fbi found them here in an entirely apolitical and professional way. I have a lot of respect for jim. The fix was in on this from the beginning. Reporter after the terrorist attacks of 9 11, president bush and Vice President cheney set up a terrorist surveillance program. Attorney general John Ashcroft signed off on it many times but after he delegated his powers to his deputy, comey refused to reauthorize the program. Comey told president bush he and other top officials would resign if the language wasnt amended. The president backed down. Comey appointed the special prosecutor that won a conviction against mr. Cheneys chief of staff, scooter libby. We have seen jim comey throughout his career demonstrate, i think, over and over again that hes a little bit of a rogue actor when it comes to politics. Definitely not a loyal republican and definitely is willing to do what it takes to get the favor of the democrats and the liberal elite. I think he has done it again. As fbi directors go, he is fairly open with the press. Indeed he has held more news conferences this year than Hillary Clinton has. Today he took no questions. Among those left unanswered tonight is when he will. Doug . Thank you, james. Chairman of the House Oversight Committee Jason chaffitz has been asking clinton to come clean about her server but also recently that republican lawmakers would probably accept the fbi directors recommendation. Where does he stand now . The congressman joins us here in studio. Good to have you here. Your reaction to jim comeys decision not to move forward with this . Confused by it. If you look at the fact pattern, did she or did she not have classified information in a nonsecure format that went on for years . The answer is clearly yes. The statute says thats a violation of law. You spoke with him just in the past couple of hours. Tell me about the nature of this conversation. What did you ask him specifically . I want to understand the bredth of the case. Are others going to be charged . What about this i. T. T. Person that they offered immunity to to extract some information . What director comey said verbally and what the Inspector General came out with a couple of weeks ago. Remember, Hillary Clinton wasnt quite so open and transparent with the Inspector General. She wouldnt even speak to that person. We have a lot of outstanding questions. No doubt i wont be able to change his mind. We, as the American People have, a right to know the truth. Did he answer any of those outstanding questions you just posed to us . No. Some of them he would not refer to. Now that its closed theres no excuse not to provide that information to congress. Do you think like so many other people in this town he is above reproach . He has the greatest of reputations, a man of great integrity. But if you look at just the basic fact pattern why not hand that to the prosecutors and let them make the political decision . If you look back at director former cia director deutsche, this is a person who plugged their computer into the internet. The Justice Department was going to prosecute them. President clinton offered that person a pardon. So, this has been prosecuted or at least attempted to be prosecuted in the past. Why the difference now . He made some suggestions about intent and that they looked at case law or certainly previous examples and he did not see the intent in this particular case. Thats why we have to question the fbi director. Thats not the case. The first parallel we see, at first blush, is director doeutche. He did go through this, was going to be prosecuted. The job of the fbi is to provide the fact pattern to the Justice Department and not make the political calculation that this is what a reasonable prosecutor would do. Thats not the job of the fbi. House Oversight Committee of which you are chairman has jurisdiction over government records. Do you plan to call him . Perhaps. I had a conversation with him today. Well talk to a number of other members, speaker and others. I would like to read a statement to you from senator grassley. Quote, if it wants to avoid giving the impression that the fbi was pulling punches the agency must be more transparent than ever about information gathered during this investigation. There have been plenty of foia and congressional requests pending that have been on hold because of the ongoing nature of the investigation. Hes absolutely right. Foia requests, requests from congress. They have said this a closed case. Provide all the information. A huge frustration for and you your committee in getting timely responses to foia requests. They even literally went to a judge and said it would take 27 months to provide information to judicial watch. Were getting the same type of treatment in congress. The American People are seeing how hillary is cooperating. She isnt. Unlawful presumption in favor of secrecy when responding to freedom of information act requests. The administration is unaware that foia is systematically broken. The Benghazi Select Committee never did get all the documents even though they requested and subpoenaed them. Oversight committee, same thing. We passed a bipartisan piece of legislation to redo foia. If you have an unwilling partner, someone playing hide the documents all the time which Hillary Clinton has done time and time again you dont have a fully functional government. I can issue a lot of subpoenas, a lot of requests. If theyre unwilling to prosecute these, what are you telling the rest of the government . Thats probably the biggest longterm consequence that i fear. Glenn reynolds is fond of saying and pulling out this quote whenever he sees a situation like this. Quote, laws are for the little people. Do you agree with that . I think the clintons somehow skate above t speaker ryan said nobody should be above the law. If you did this or i did this and you had classified information on a nonsecured format, you would be in jail and you probably should be. What if a republican had been subject to the same treatment here . I think the clintons think they get away with it. The American People should go into this eyes wide open and get to make the choice. Theyre the ultimate jury on this. This is how the clintons operate. Is it possible that director comey came to the conclusion that the political realities in washington, a deeply divided city, could not be separated from the legal case, and that to spend millions of taxpayer dollars on an investigation and a trial, ended far after the campaign was over simply would not beworthywhile . I think it was more of a political determination at the end. He should have laid out the facts, handed it over to the prosecutors to make the decision about whether or not to prosecute it. The fact pattern is clear. Did she or did she not have classified information in a nonsecured format . Yes. Did they have hostile actors trying to penetrate and look at those emails . Yes, they did. Did that put people in harms way . We dont know. Purposely set up her own email system with herself. I didnt create this. Republicans didnt create this. She created this. I know you just got off a long plane ride. Thank you so much. Thank you. Conclusion on clintons emails. First, here is what fox affiliates around the country are covering tonight. Fox 42 in chicago, 62 people were wounded and four people were killed over the fourth of july weekend in shootings. Its actually fewer deaths offer the same weekend last year and follows a horrific month of june in which 15 people were shot on average every day. Fourth officer to be charged in the death of a black man who died in Police Custody opted for a beverage trial. Lieutenant brian rice was the ranking officer on the day freddie gray suffered a broken neck in that police van. His trial is set to start thursday. Another officer was found not guilty and another officers trial ended in mistrial. And in boston, an audit found broken locks, disabled security cameras kept together with duct tape. The review recommended the removal of several top managers. Thats tonights live look outside the donald trump has never been one to shy away from talking about Hillary Clintons email investigation. It follows after todays recommendation by the fbi, trump had something to say, or tweet, about it. This, as his campaign is teasing voters with some potential running mates. Chief Political Correspondent carl cameron reports from raleigh tonight. Reporter taking the stage with president obama on the 2016 campaign trail, donald trump issued a statement slamming her in the wake of the fbis decision. Quote, as fbi director james comey let clinton off the hook for her, quote, extremely careless actions, the fix was final. The obama administrations anointed successor has had an indictment removed from her path and will now be able to glide to the rigged democrat nomination. One of the critical battlegrounds nationwide, mitt romney beat the president here in 2012. Think he cant win his red nationwide. Even if he picked pennsylvania, ohio, wisconsin, carried all those blue collar states he still wouldnt win. Reporter announcing his potential running mates on the trail and will be introduced tonight by one of them, senator bob corker. Tomorrow for the first time in six weeks, trump will visit ohio, no republican has ever become president without winning first. He will be joined by Newt Gingrich. Both he and new Jersey Governor Chris Christie have been asked to supply tax returns and other materials as part of the vetting process. He also met with joni ernst over the weekend. A graphic tweet labeling her most corrupt candidate ever over a sixsided star like the jewish star of david, on a message board k

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