Clintons behavior and congressman trey gowdy will explain the legal strategy behind his Fierce Exchange with director comey. As weve made clear on that broadcast, the fbi director does not think mrs. Clinton committed a crime but he does believe that she showed, quote extreme carelessness in her handling of the nations most sensitive secrets. It is a criticism hitting directly at the heart of mrs. Clintons pitch to american voters. That she is the knowledgeable, steady hand the country needs. Today director comeys testimony appeared to challenge some of those very claims. Watch. As a candidate for president theres nothing i take more seriously than our National Security. I dont think that our investigation established that she was actually particularly sophisticated with respect to classified information. I have some experience with the tough calls and the hard work of statecraft. In the one involving topsecret information, secretary clinton also not only received but also sent emails that talked about the same subject. But i have a lot more experience as a senator, as secretary of state, that i am more than happy to talk about throughout this campaign. She should have known. As i said, thats the definition of negligence. And there has never been any man or woman more qualified for this office than Hillary Clinton. Ever. I think she was extremely careless. I think she was negligent. Im proud to run on my record because i think the choice before the American People in this election is clear. Why should any person follow the law if our leaders dont . The notion that its either prosecute or you walk around, you know smiling all day long is just not true for those people who work for the government. The broader question is one for democracy to answer. Its not for me. We begin tonight with Mark Thiessen whos a former press secretary to president george w. Bush chief speechwriter to george w. Bush and a Fox News Contributor. And Austin Goolsbee is a former adviser to president obama. Wow so it was quite an indictment really if you parse out what director comey said today, mark, and you look back on, you know, Hillary Clintons initial claim there. I take nothing more seriously than our National Security. Your thoughts. No absolutely. So the whole premise of her campaign is that she has the experience judgment and competence to defend our National Security. And director comey just blew those claims out of the water today. You showed the clip of her saying, that i have the experience to make the tough decisions of statecraft. Tough decisions like what . I mean for the American People, its not a tough call, but apparently for hillary cli you know, whats hinting is that incompetence is the only reason she is not being prosecuted. James comey said that the reason shes not being prosecuted is because she didnt have the in intent to endanger our National Security. Its either intent or its incompetence. Either she knew what she was doing, in which case its a crime or she didnt know that it was dangerous to our National Security to put top secret special access information on a private server in her basement that had less security than gmail, in which case shes not qualified to be president of the United States. Austin, can you take on that last point . Well, i appreciate you having me back. I continue to think why you want legal insight from a guy with an economics ph. D. Is beyond me. I doubt its for my good looks either. This isnt about legal insight. This is about mark put it perfectly. Either she had the intent, or shes too incompetent you know, to be president. Thats his position. Well, that is his position. I think what you saw from mark there is reflective of what youre seeing from some of the republicans on these committees what you may hear from the congressmen themselves as they come later, which is a tendency to dramatically overreach and overstate what the matters are. So if you looked at the testimony today, its clear the lines you chose were picked im not going to say cherry picked, but they were picked to present an argument. One of the arguments about the level of sophistication that Hillary Clinton had, had to do with did she recognize that misclassified documents documents that are supposed to say the level of classification on the top, according to the governments regulations that the classification was stuck in the middle and so had she seen it. And director comey said that he didnt know her level of sophistication of looking forose symbols, but that a reasonable person could easily have missed it and that there were only three such emails that were marked classified, and they were all misclassified. But, austin, he also found that she was negligent, and that necessarily means she fell below the standard that would have been maintained by a reasonable person in similar circumstances. You make it sound like he said, oh, you know, poor thing. She just missed this really hard thing. No it was director comey out there saying she was negligent, which was his new word today, and extremely careless. I put that one i guess to you mark, because it wasnt just that director comey said she missed stuff that was really tough to miss. He said she missed stuff anybody would have seen. That was his point. Yeah, no absolutely. In his statement yesterday he said it doesnt matter whether it was marked. Shes the one who classifies stuff. She should know whats classified and what isnt and theres a law she has a responsibility to know. But, again these are not austin is trying to say this is the republicans or the congressmen are going to say this. This is not a republican congressman. Its not me a conservative commentator. This is obamas director of the fbi saying not just negligence, the definition of negligence. Extremely careless. Should have known better. Do those sound like the words of somebody you would trust with the nuclear codes. Would you feel differently mark austin and i both know that if either one of us when we were on the white house senior staff had done with Hillary Clinton had done we would vn fired on the spot and we would never get a security clearance again, and if her name wasnt clinton, neither would she. Would you have been fired austin . I was in the cabinet. I wouldnt be fired. I was in the cabinet. I received many confidential briefings. We would get the jobs numbers the day before and the fact is that when hes highlighted that this is about three emails its not about three emails. Its not true. Wait. Please let me finish. Sure. Three days ago, the republicans said that she had classified marked emails on her server that contradicted her previous statements and that director comey had shown that she was lying. Today director comey illustrated that those were only three emails. Austin, youre significantly down playing this. The number of to be charitable to her, misrepresentations. We ran through them two nights ago. There were at least eight that she said that werent true, that she never sent or received classified information. Not true. I mean the list like we could go through it again, but its just easier to go to facebook. Com slash the kelly file. But to suggest just that one line rehabilitates her is really disingenuous. I said from the beginning on this, and what the standards are of evidence of what is the Legal Definition of negligence or what have you, i dont know. I do know that a, when you look at what the republicans are doing, they did this to obama. They did this when they tried to impeach clinton. And they will have a hard time if they cannot get a republican. For mark to call him obamas fbi director, its true and hes a republican. Hes a republican. I got to leave it at that. But i like this speaking in outline. As a former lawyer, that appeals to me. I can follow roman numeral one, a, b. Thank you for doing that for me. So director up next jason chafe et cetera on what he thinks the fbi missed and what he wants them to do now. And congressman trey gowdy reveals the secret strategy behind the fierce questions he put today to the director. Plus donald trump visits capitol hill and it got a little ugly with a couple of senators. Charles krauthammer and governor Mike Huckabee are here just ahead on the fallout. And breaking tonight growing protests in several major cities right now. Marchers angry about two separate Police Shootings in the last 48 hours, both involving black suspects. And now president obama has just weighed in. Were watching the story unfold live on a busy kelly file tonight. Stay with us. Fall in love with a new daily fiber. New mirafiber from the makers of miralax. Its the only fiber that supports regularity with dailycomfort fiber. So unlike others, mirafiber is less likely to cause unwanted gas. Love your fiber. New mirafiber. Radio anncr scorching heat today, stay cool out there walter stop suffering with hot ac cool it yourself with a c pro. In just 3 easy steps enjoy the comfort of 2 times the cooling boosters from the 1 selling coldest air. Nothing cools like a c pro. Get ready for the rio Olympic Games by switching to xfinity x1. Show me gymnastics. X1 lets you search by sport, watch nbcs highlights and catch every live event on your tv with nbc sports live extra. Im getting ready. Are you . X1 will change the way you experience nbcuniversals coverage of the rio Olympic Games. Call or go online today to switch to x1. Breaking tonight new fallout from the fbi directors testimony today on the Hillary Clinton email scandal. Moments after the hearing ended, republicans in the senate joined the house in launching a new push to block mrs. Clinton and her top aides from handling any more of americas secrets saying their behavior has quote put lives at risk. We also heard new revelations about mrs. Clintons personal lawyers who went through her emails. Director comey saying they lacked the security clearance to do that. And he went on to say they may have deleted classified information. Plus the director testified that up to ten other people had access to her server without having the necessary security clearance. But one of the most talked about moments today came when congressman trey gowdy confronted director comey with a laundry list of false statements that mrs. Clinton has made in the course of this investigation. Watch. Secretary clinton said she never sent or received any classified information over her private email. Was that true . Our investigation found there was classified information sent. Secretary clinton said there was nothing marked classified on her emails either sent or received. Was that true . Thats not true. Secretary clinton said i did not email any classified material to anyone on my email. There is no classified material. Was that true . There was classified material emailed. Secretary clinton said she used just one device. Was that true . She used multiple devices. Secretary clinton said all workrelated emails were returned to the state department. Was that true . No. We found workrelated emails. Secretary clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually . No. Joining me now House OversightCommittee Member congressman trey gowdy. Good to see you and good for you because it takes work to actually go through the record and tick it off like that so that the American Public has an understanding about what youre doing in there. And you went to the heart of it, which is what he what the fbi proved. Maybe it was a crime, maybe it wasnt, but it was absolutely that she misled over and over and over again. Your thoughts. Well theres no question she made false statements to the public, but the reason i went through that exercise with director comey is lets assume hes right and theres an intent element in the statute. I think there was circumstantial evidence that she had the intent, and one way to prove circumstantial prove intent by circumstantial evidence is false exculpatory statements. Innocent people dont lie. So if you have a series of false statements, then you need to ask yourself while do you feel the need to mislead. It might be consciousness of guilt. What do you think the response to that is . Hes basically looking at history saying we just havent done it, we havent prosecuted people for gross negligence. You know, John Radcliff is one of my colleagues from texas. He believes that it has been done. But lets assume director comey is right. Thats true with every statute until somebody decides to do it. But should you be doing it for the first time or near the first time with somebody who is running for president . You know, it would have been pretty dicey. It would have been although there were other statutes he had at his disposal. I go back to the plain text. Theres a Reason Congress said grossly negligent. If you think that that statute is void for vagueness, it would have been a good idea to let us know sometime before today. Mmhmm. Do you think that h straight shooter . People are really going after director comey . Yes. No i do. Do you think politics were at play here in his decision . Boy, the second one is tough, but ill tell you why. Yes, i think hes a straight shooter. I think the exact same thing about jim comey as i did last week and as i will next week. I think hes a straight arrow. We just fundamentally disagree on that element and whether or not he could have proven intent by circumstantial evidence. Did politics influence it . I can tell you based on my previous life, it is always tougher to convict or prosecute someone who is well known. Mmhmm. It just is. He might not feel comfortable telling you that but i will tell you that. Do you think but i dont know whether that influenced him. Do you think theres any chance that she, Hillary Clinton, is not going to get access to you know top secret information, classified information as a candidate now between now and november given what she did . Well, you know, he was pretty clear if she worked for the fbi, shed have some difficulties. Paul ryan today said, deny her access. What she did, megyn is really unprecedented and incredibly reckless. You cant stop the president of the United States from accessing classified information, but she aint there yet. Mmhmm. So i hope people will put the politics aside. Youre talking about men and women whose political ideations we dont know anything about and who are risking their lives to gain intelligence for us and you put it on something with less security than gmail . Come on. Mmhmm. Congressman, great to see you. Thanks for being here. Yes, maam. Thank you. Another revelation out of todays hearing was the fbi never investigated whether Hillary Clinton lied about her emails in her underoath testimony to congress. They said no one ever referred that to us. We never looked into whether she lied under oath. Catherine herridge reported this was likely to become a major issue. Our next guest is now calling for a new fbi investigation into that very question. Utah republican Jason Chaffetz is chairman of the House Oversight and government reform committee. Great to see you tonight, sir. Thank you. You seem surprised that he hadnt investigated that. Have you made the referral now and do you expect the fbi to launch another investigation . Well i didnt know that the fbi needed a permission slip in order to see if somebody lied under oath. I really thought that that was part of the investigation. But if he needs paperwork from the house of representatives to look at that then we will certainly give him that. I think the chairman of the judiciary, trey gowdy, myself, a host of other people will get on that letter if thats what he needs. And where do you see that going because they say, look if she committed perjury in her testimony before the house by saying i never had anything that was classified i never sent or received classedifyied information, the bar to prove perjury is very high. I think they said six times in 60 years has anybody been convicted for perjury or even a related charge. Its really hard to prove in congress. I just want the fbi to dive into it and look at it. Based on the fact pattern that director comey put out there its clear that she misled the public. But its a whole different level when you come to congress you raise your right hand and you affirm under oath that what youre saying is the truth the whole truth and nothing but the truth, and then the fbi finds that those items are false. Can you there should be a kwensz for that as well. Can you explain why the hearings today were necessary . Last night on the air we were talking about why dont you just take what you got from director comey all the lies and so on, and go with it . Why rake him over the coals about not taking the extra step . Well, look, we learned a lot more about this problem and the pervasiveness. You know, the second panel, we actually exposed the fact that these classified emails have such a high classification not even members of congress, not even as chairman of the Oversight Committee do i have the necessary security clearance to look at those. And yet we heard for the very first time from director comey that there were up to ten people that had access to this information. So its gone beyond just that server. They were now this classified information in a nonsecure setting with people who did not have the Adequate Security clearances. Will anything happen to her as a result of this . Forget politics. The voters will decide in november. But what could happen to her because of this . Well, i mean, literally just a short time ago, the state department has now announced theyve reopened their investigation not only to secretary clinton, but to the employees within the state department. We want people to be held accountable, but weve also got to fix this because classified information is there for a reason. It puts peoples lives in danger. Mmhmm. It opens up our nation to