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Would come near to that kind of situation. >> well, comey's letter today states h s that he learned of t new e-mails yesterday and wrote "the fbi cannot yet assess whether or not this material may be significant." i'm joined by ari melber. ari, here's a gut question, the nut of the matter. is there any reason to believe there's any probative evidence that suggests hillary clinton did something wrong based on the statement by the fbi director? any reason to believe she's done something wrong or they see something wrong? >> no. there's nothing in the letter that says that. >> nothing. >> no, not...

>> i found it surprising that somebody as high ranking as the secretary of state is dealing with classified and sensitive information all the time, would think that it was okay to have a private server in your home where you put, you know, information and so forth, where you send e-mails. >> so how would you describe her handling her e-mails that way, in a word? >> well, i think it was sloppy and unprofessional. that it reflects a lack of understanding about how easy it is for adversaries to tap into communications, to get involved, for example, obviously in reading e-mail as we know is now ve...

Sharing meta data with law enforcement agencies. you and i have a common background. we're judges before we did what we now do. >> right. >> andrew: is this legal? >> well, the supreme court says if a third party has your phone records, then maybe you don't have a right to privacy. judge, if it is legal, it's still very, very wrong. the 4th amendment should require them to have probable cause before they grab all our phone logs and of course, we were told, oh, it's only the log, it's only the meta data. they're getting more than that, we finds out. it's been publicly revealed. >> andrew: you v...

Be important. >> i think that's right, and it's sort of like reading e-mail. you know, sometimes you don't know the tone of the person who's writing the words. >> yeah. >> and i think something like that could be going on here. >> because frank, i just don't want this to get lost in this moment. how extraordinary that would be. >> yes. >> if the deputy attorney general of the united states was seriously having a conversation about himself wearing a wire or talking to others to wear a wire to record the president of the united states. >> and talking about going around and seeing how much intere...

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