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That you can't even call a criminal investigation, though the purpose is not to create a prosecutable case or not. it's to uncover the credibility and validity of some of the allegations made. to just present that to the senate and let them make the decision about how they feel about the information. that has not been done. it was not done by the senate judiciary impliee at all, nothing even close to a full vetting of this information has occurred yet. here's one of the interesting issues that i haven't heard a lot of people talk about. the fbi has at its disposal the capacity to subject brett...

Rarely works for a defendant. this case was already in process before mueller took over and it was likely the first situation that presented it to hiss team. we've heard the judge repeatedly admonish the prosecution but it may be that the evidence in this case ties up somehow with the larger russia and the collusion investigation in ways we don't see yet. but even if it doesn't -- this is a prosecutor's job, when you here in the middle of an investigation and you have a prosecutable case you go ahead

Waiting for this report and putting a lot of faith in what comes in it. >> jesse: i think we have been downplaying it. we said it was probably going to be a big air ball. >> marie: this is selective history, fake news. i think it's important that they did not find evidence of political bias and impact of the investigation. they also found that they had no way, no ability to prosecute hillary clinton under the five statutes they examined. i am not in a tree but the department of justice looked into the question that a lot of republicans and trump supporters keeping enough and found that they di...

>> reporter: well, yes, dana. fox news is still working to confirm reports that there was a criminal referral by the justice department's internal watch dog, the inspector general, over the former fbi deputy director andrew mccabe and his four counts of lying, three under oath as to his role in the leak of information about the clinton foundation. what's key here is that the inspector general can make criminal referrals in two ways. one is that after they finished their investigation and they concluded mccabe headlined federal investigator, they would send that information to the u.s. attorney...

Statement that was going to clear hillary clinton when key witnesses had not been questioned. including hillary clinton. and it was peter strzok to talk about the phrase, grossly negligent for extremely careless because that's important. under the legal standard that is a prosecutable case. >> it is fascinating to hear your analysis of this going forward. so many family names mentioned in these documents, the back and forth as to how and why each side saying things are not done properly or were done properly in order to get what was achieved through the fisa court. catherine, thank you so much...