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The unclassified system, they would go through the same process. so, again, it's confusing and that's why i'm trying to do a better job of explaining it to the american people. >> you have said that colin powell did the same thing. he actually had a personal e-mail and a state.gov. i don't think there's any precedent for someone just relying on a personal system at your level of government. >> i can't speak for him. that's been portrayed differently depending on how it's considered but this was fully above board, people knew i was using a personal e-mail. i did it for convenience. i sent e-mai...

Way of handling it. >> this issue come up surpris g surprisingly often because there is an administrative problem where people do these things and their security officers summon them and warn them and issue repry mandz and it goes in their file. it's a serious personnel administrative problem. my only point is i couldn't find a case where this kind of activity had been prosecuted. and that's just worth noting as we assemble our clinton e-mail -- and one more thing, joe. legally, there's no difference between her using private server and if she used state.gov which is also not a classified syst...

Straight to breaking news here on msnbc, new information on hillary clinton's private server and e-mails. we were just talking about there. let's go to nbc news justice correspond pete williams on the phone with us right now. pete, what are you learning? >> i'm at the federal courthouse in washington where there's been a wrinkle in this controversy. a judge has ordered the state department to seek information from the fbi in its investigation of the clinton e-mail server and thumb drives. this is a side issue in the e-mail controversy. this involves a freedom of information act request for inf...

Thumb drives that relate to the work arrangement. the state department has told judicial watch, the legal watchdog group that wants this information and filed the freedom of information act request, that it has searched all the paper copies, the 55,000 pages turned over by former secretary clinton and found nothing. now the judge says, though, that the state department needs to know whether the fbi finds anything that wasn't in those pages that was on the server or the thumb drive. so it's not about the classification issue which has been the big issue involving the e-mails. nonetheless it is ...

Other side here say, well, there was information that before these e-mails were forwarded to an outside e-mail should have raised some eyebrows, things about military intelligence, about the movement of gadhafi's forces and that kind of thing that should have perhaps raised some concern about putting them into an even further unclassified system. >> yeah, pete, and the fact they were from a state.gov to an outside server is something that they have been mentioned. thanks for being with me. appreciate it. >> okay. on the heels of the e-mail kroef controversy, a new poll shows democrats might ...