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Which the is fbi is looking into grossly negligent handling of secure documents. so it's very important that there is a difference in the intent of those two crimes. >> except for one thing is that the intent is what the fbi thinks the intent is look, a totally innocent person can have the fbi show up at your doorstep and if they think you have lied and that you intended to materially, you are going to get this felony. innocent. >> catchall charge as a former federal agent myself and investigator i'm concerned about the investigation that's being leaked by the fbi. i think whether it's hillary...

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Independent review to determine the classification of the are going directly to the intelligence agencies. this effectively cuts out what has become this political side show at the state department arguing over whether emails are classified and how highly classified, greta. >> catherine, thank you. >> you are welcome. >> the "on the record" legal panel is here.82é9i criminal defense attorney ted williams and former prosecutor katie phang. katie, first to you and as a; defense lawyer can i tell you it's always scary when they start rolling out 1001 false statement. so much easier to prove than...