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That was a year before the incident that he's saying he's missing e-mails from. >> here's the question for you, ari, if this was such a big deal such a flagrant abuse, how come nobody said anything? >> that's a great question for the people on the receiving end of the e-mails. >> they had to be people from both parties. >> you don't know if they also have a government account. she deliberately set up a system so she could go around the spirit of the law. keep in mind you have to look at mrs. clinton's history. after the travel office firings that she was responsible for, a prosecutor count sub...

Grand jury to go along. if there were a handful of people in that room who didn't think there was probable cause this could have stopped this from going to trial. >> joe, you said the prosecutor count get an indictment. didn't want an indictment. the prosecutor presents both sides. when have you seen the prosecutor present other than their own side in the case. the thing that will change as a result of this, we're a nation of checks and balances. that's what makes our system works. this is one of the few last places where there's no checks and balances between police and the judicial system. >...