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tv   On the Record With Greta Van Susteren  FOX News  September 6, 2015 1:00am-2:01am PDT

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facebook and e-mail brothers forward to more of your letters next week. i did not email any, classified material to anyone on my email. >> hillary clinton says it was all a matter of convenience. >> secretary clinton violated federal law. >> i have released 55,000 pages of emails. >> every time she opens her mouth on this issue she loads credibility. >> maybe the heat is getting to everybody. >> she has lied about being subpoenaed. she has lied about how many devices she used as secretary of state and lied about the nature of the emails and the sensitivity of the emails. >> i won't pretend that this is anything other than what it is, the same old partisan game.
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>> this is a special edition of "on the record." clinton scandal, the secret server. and tonight, we will dive deep into the growing scandal surrounding the former secretary of state and presidential candidate. the hillary clinton private email scandal beginning well before her white house run. so, when did it start? and where are we now? fox news chief white house correspondent ed henry joins us. head ed, where does this start? >> i think it started for the public oon march soth when hillary clinton had that news conference at the united nations. you saw some clups from there. the big problem for her politically and now legally the narrative she laid out at that very first news conference has started to unravel piece by piece. you heard her in one clip say this was about convenience. i wanted one device, the blackberry. then emails come out in the last week that show that she had an ipad two years into the obama administration, was using that for email as well. the convenience argue. doesn't work. she also said on march 10th this was about transparency. she turned over 55,000 pages
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because she wanted the state department to have it, she wanted the public to have it. what she left out is a few days before that news conference on march 10th, tray gody the republican chair of the house select committee on investigating benghazi had issued a subpoena to get records related to that. so that's also something that has been challenged. the big picture here though is at that news conference, the most important thing hillary clinton said was: there was no classified information in that server. you are going to drill down on that in a minute, a lot deeper, to figure out what really was in that server, but it turns out that was not true. there was classified information in that server. how it got there is still being investigated. and whether or not it was marked, you know, her story changed after march 10th. it started with there was no classified information in there. bottom line. in recent weeks and months, it's changed to it i didn't send or receive any classified information that was marked classified at the time. that is now, even though it's a shifting story, that is in dispute now asampaign hasd
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that other secretaries of state, citing collin powell and condi rice had personal email accounts. that's the response. this is about the server. do they ever answer the question about the server? why? does the campaign say why are? when it was put in? >> they don't. and in terms of the full context here. yes, it's true that republicans secretaries of state like powell and rice had had personal email addresses, that's different from having a personal server. at a news conference recently i asked hillary clinton can you name another cabinet secretary, not just the state department, democrat or republican who had their own personal server. she decided not to answer that you will remember in las vegas another news conference i pressed her and asked her about whether she wiped the server or had someone else do it. she said what do you mean with a cloth? she also made a joke about snap chat and how the messages disappear. that has back fired on her politically. that's why we are seeing bernie sanders do better than anyone expected not just because of his economic message. the broader point i make is two fold.
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one, you heard at the want to show her saying this is about partisan politics. i have heard that before. that's a harder case to make when there is now a nonpartisan fbi criminal investigation which we did not have on march 10th be we now have. you think it's also much more difficult for her now that we have the staff just recently brian pagliano who put the server together. pleading the fifth on capitol hill and pleading with the fbi as well. her camp says that's because he didn't want to get dragged into a political spectacle. you know better than nun, when you plead the fifth, it's going to raise a lot of eyebrows about whether people are hiding things. >> ed, thank you. >> good to he see you. >> the fbi is now in possession of secretary's server and they are scouring it for any and all information. fox news chief intelligence correspondent catherine herridge has been investigating those emails. she joins me. now the fbi deep into this investigation. >> we want to first confirm that the fbi has brought until what amounts to a team.
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elite team doing this investigation. it's described to our team as part of our ongoing reporting as extremely serious. and one of the central points they are investigating is whether mrs. clinton should have known it was classified based on the quality of the intelligence and the detail regardless of what the markings were. because whether it's marked classified or not marked classified, if you have a security clearance like mrs. clinton did, you have a special obligation to protect that information and to flag if you think there is even a potential compromise. >> i have heard it said, i think perhaps by the clinton campaign and by other surrogates for clinton is that the classification came after she had the email. that's not true? >> no. this upgrading or retroactive classification, this is is a term which i believe, based on the reporting, is political. this is not a term you hear within the intelligence community because the state department only has the authority to classify or declassify information that it owns and what he we were first to show on fox is that the emails that triggered
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the fbi investigation, included intelligence from the nsa, the nga, which oversees spy satellites as well as the defense intelligence agency. so the state department has no authority to milwaukee any changes to that information. >> the fbi is looking at the emails that she has surrendered to the state department. >> correct. >> what about the emails that she deleted? the ones she says are personal? i assume they are investigating that or trying to retrieve those? >> what he we were told on a preliminary basis is that there was a high level of confidence that the fbi would be able to retrieve, recover, emails within that server because when they are erased, they are not effectively deleted. they leave sort of ghosts in the system. it's those ghosts that they are going to try and identify. that's important because the statute they are looking at, 18 u.s. c 793 asks when someone has access to this information, if they allow it to go to someone who doesn't have the right to have that information, or they take it from the secure
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place it's supposed to be, that is a felony and gross negligence is a standard. and that's a very low standard. >> which means you didn't even have to intend to do it if you are grossly negligent you are on the hook for that one. >> that's right. >> catherine, thank you. and a denver it company in serve of hillary clinton's server coming after fire after they are thrown into the wild world of presidential politics. griff jenkins recently spoke to platte river networks. >> platte river is a smalldon investor company that were hired by the clintons in june of 2013 to basically handle their email server. and that's really what this is all about. we took over five months after she left office. our job was to upgrade, manage and secure that email server, which we did. >> we learned today the server not actually located here in denver. what you can tell me about that? >> sure. the server was never located in denver. we don't have customer data that we locate on site in
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denver. this san east coast client. we moved the server to a dedicated secure data center. did that in june of 2013. and it hadn't moved until wednesday of last week in which time we surrender it over to the fbi per their request. >> were platte river networks even aware of the sensitive possible classified material on this server? >> no. i mean, the job of an i.t. company, in the pat city of platte river is to will you tell materially manage and protect that data. we don't look at the data. we look at it and protect it based on what our clients want. that's what we did here. sort that out complicated business process. >> the ideas of managing data is a complicated one. this one was very simple. this was to secure the server, make sure that the data in the server was secured at every turn. and we did that and it was a
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very simple process. we took the server, put it in a data center, locked it up and it had been there since june of 2013 until last wednesday. >> one thing i that i think most people are wondering reading this story now on the front page of the papers is why were they chosen for this job? >> that, i don't know. i can't comment on. i don't know anything about the process that was long before i was involved. i can tell you plat river network has won numerous awards for the work they have done. they have highly intelligent and effective people who do this work who competed for the business and won the business and took care of their client. >> was there any connection to then secretary hillary clinton? >> no. >> i think that's what a lot of people are trying to figure out. obviously as you said you don't know the connection. had been there any prior relationships with any beings tistles and hillary clinton? >> not that i know of at all. no. not to my knowledge at all. >> and tell me just a bit, if you can about who they
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are? this was an unusual client. they don't do political candidates, it appears, or federal contracts? >> well, the company is -- was begun in the 2000 2 really we have served a wide variety of clients. i don't have access to all their client lists. i'm not sure if they served federal government folks before or not. this was a simple situation in which we were asked to take care of this server to upgrade, manage, and secure that data. and we did that. so, you know, the notion that somehow we were a part of this process is just not true. i mean, this was a simple piece of business for us. we did it. we handled it well and until last wednesday it was in our possession. >> walk me through that time line if you will. so, when the fbi contacts platte river. >> tuesday last week, the federal bureau of
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investigation asked us to turn over the email server located in the email server. wednesday morning we did. turned it over to the fbi. they gave us receipts to show they are now in possession of that server. and that was it. very simple process. >> where was it picked up? >> in new jersey at the data center. >> and were any of the platte river folks yourself interviewed? >> no. >> is platte river being investigated by the fbi. >> not that i'm aware. platte river is not under investigation nor have we ever been under investigation. we plan to cooperate with the fbi at every juncture. >> it's been reported that one point platte river are's server was housed in the closet of the bathroom of the previous location where it was headquartered. is that true? >> i have no knowledge of any server being in any bathroom at any time ever. and that statement that it was, i don't know where it came from, but it's erroneous. >> we reached out to platte river, andy boyen there.
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i asked him has the fbi come back to you for any follow-up questioning? do they want anything else from you? he said no no news. we asked around capitol hill also if there could be any hearings if they could be be called to testify. it doesn't appear to be the case right now, greta. >> two questions. did platte river say they had any role in helping delete the personal emails that secretary clinton talked about being deleted. second we question who does platte river communicate with in the clinton camp. >> i don't know the answer to the second question. the first question andy tells me they had no role in deleting things. here is the threat. this is what a security analyst, who has experience with national security told me is that if they were hired, just for this basic run of the mill private server contract, then they would be a soft, easy target for serious hackers like russia, like china. that's what this fbi investigation is really droned into. >> griff, thank you. as the server scandal swirls around secretary clinton,
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how have she and her campaign reacted? let's take a look at the hillary clinton email scandal in her own words. >> when i got to work as secretary of state, i opted for convenience to use my personal email account which was allowed by the state department. i did not email any classified material to anyone on my email. there is no classified material. you may have seen that i recently launched a snap chat account. i love it. i love it those messages disappear all by themselves. >> did you try to wipe the whole server? >> you know, i have no idea. that's why we turned otestify over. >> you were the official in charge of it. did you wipe the server? >> like with a cloth or something? >> my use of personal email was allowed by the state department. it clearly wasn't the best
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choice. i should have used two emails. one personal. one for work, um, and i take responsibility for that decision. >> the "on the record" political panel is here from the hill. a.b. stoddard and from the "washington times" steven dine ma'am. a.b., is the clinton campaign taking this seriously? we have this snap chat joke about erasing the emails. are they taking this seriously. >> oh, yeah, they are. they had a conference call this week. they are acknowledging that she needs to do more media and answer questions about it. this is a change because their sort of strategy for a long time was to ignore it and see people don't think about emails. they think about, you know, balancing the family budget and what's going to happen to their mortgage and what's going to happen to their kids trying to get through college and pay off those loans. this is actually a reversal and result of the deteriorating poll numbers. and the really strange
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opening that's been created by her terrible poll numbers for vice president by kennel. so you see the campaign not only reacting to the media's interest in the fbi investigation and the email scandal, but also using the media to try to send the vice president a message that it's too late to get in here. >> i don't get this. they have gone through sandal before, the clinton white house went through a scandal. whole sort of drip, drip, drip. in the beginning she said i only had had one device for convenience. it turned out she had two. she had an ipad. maybe she didn't think that was a device. then she deletes some of the pages. she has got to know that is going to cause all sorts of trouble. >> the drip, drip, drip you think about that's all other own creation. back in the beginning when they turned over the emails in december they turned them over for paper format. first five months redij advertising them back into a digital format. we could have been five months more advance. they could have taken care of it before hot political summer if she had turned over the electronic copies
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that we know she has because they are on that flash drive now. they this is all a problem of her own making. several federal judges saying look the entire problem here is hillary clinton use of this private servinger, the arrange. she she did. the drip, drip is going to continue because you have those federal judges out there prodding the 17 federal judges are now involved in various cases here. you have the upcoming testimony before the house committee. that drip, drip, drip may turn into big giant water drops. i have thought she had teflon. people who love her would always love her but people hate her would always hate her. her numbers are making downward movement. >> candidates unknown. candidates trustworthy numbers have very hard to be become trustworthy if the public thinks you are dishonest. >> profoundly worse and worse for her. steven, they are now a little bit panicked, the campaign? i mean, you know, would that
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be a fair description? >> i gold a little bit more than a little bit. they have a big chance in october to sort of -- at that hearing, to sort of try to reset this with a very big staining. if that doesn't go with, this is, you know, death con level stuff. >> please stick around, both of you. we have been talking all about servers. how do servers actually work? a cyber expert here next to tell us.
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"on the record" is investigating hillary clinton's server scandal. now to the technical side of that private email server. how does a server work? and if secretary clinton deleted emails from those
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server? are those emails really gone forever or can they be recovered. morgan wright joins us. good evening, more began. morgan, you previously brought a serve iser here and showed me what a server is, but you investigate this stuff all the were going to investigate to find out, you know, whether those emails could be recovered, tell me what you would do. >> well, first thing to do is that hard drive -- that's the holy grail. you have to be very carefully in the handling of it. you make an exact copy of everything that's on the hard drive. things you can see if you booted it up and things you can't see. all the deleted files. the entire hard drive from the beginning to the very end. that becomes what the fbi is working on. what this do go through a very rigorous process of a preliminary analysis. they start looking for things. they start undeleting files and then they start doing things like we word searches. because there is also damage assessment going on, greta, the important thing it's not just a criminal investigation. we are looking at impacts from the intelligence committee. now they are looking for
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evidence of compromise. are there things called root kits. god access is. god on those machines you had access to everything. they will be looking for all of those things when they go through that server. >> all right. if i were going to delete emails and she said that she deleted about 3 '0,000 private emails, i would do the sort of the laborious task of highlighting and deleting, highlighting and deleting, which is very unsophisticated way. i take it there are more sophisticated ways to delete it is there a more permanent way to delete it and who would be the one to do that? >> you know, a little bit of research, can you find ways and methodologies to permanently, to the extent possible erase things. it's really a matter of how destructive if you want to be. if you do a format of a drive. high level format which allows to you write other things to it a lot of that information is there the more destructive things you do to it. we call them low level formats where you override. putting paint on a wall. i put one coat, two coats, three coats. by the time you get to seven
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to eight coats it's difficult to tell what the original color was. that's the original overwiping. if somebody did that it becomes near impossible to recover the data. i think what we are hearing from catherine herridge and the earlier reporting, it sounds like the fbi not only did they have their a team but a lot of high probability, good probability that they will recover a lot of data because this wasn't done by you secretary experts. this was done by people who just stood up an email server. >> i can learn how to do, this how you to reformat. chances are if i am not particularly sophisticated i'm going to hire someone to do that there might be someone out there. who would i hire? what kind of perch would be out there? i figure if there was someone hired why would want to talk to that person. >> absolutely. the fbi will be looking for that you could probably find -- if you found a good i.t. person that stooted how to really format things and make things go away make them go away. you know aka tony soprano type things. there are people who with do this. it's not that tough to do
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it. you have to understand it's not just one process but it's three or four to completely erase that hard drive. they would have to find some people -- there are people who can set up and run computers. people who understand the inner workings of those hard drives and how to auto race that. that's the kind of person they are going to be looking for. not necessarily a special set of skills. somebody whos hat knowledge and software to be able to accomplish that. >> thñjko clinton is who had access to your computer? >> who is it. >> who is it, right. who has been to the house. anyway, morgan, thank you. >> you bet, greta. >> coming up, we will talk a look at how hillary clinton scandal unfolded from the very beginning. plus, what is congress going to do about it. all that when record" scandal clinton scandal secret server continues.
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i'm patricia stark. now back to our "on the record" special. news of hillary clinton's private server now transforming the 2016 campaign trail. now where exactly did the story begin? take a look at how it all unfolded. >> i thought it would be easier to carry just one devise for my work and for my personal emails instead of two. >> controversy on the campaign trail. >> looking back, it would have been better if i simply used a second email account. >> the story breaks on march 2, 2015. the "new york times" reporting that former secretary of state hillary clinton exclusively used a personal email account at the state department.
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possibly breaking record keeping laws. >> i thought as a matter of convenience and it was loued, i -- allowed and others had done it. it is true. clinton isn't alone. collin powell conducting business on a personal email. there is one big difference, march 4, a bombshell report by the associated press, secretary clinton stored her email in a private server at her home in new york. that same day trey gowdy chairman of the how the select committee on benghazi subpoenaed clinton's emails. >> we want her emails and documents that are relevant to benghazi. >> creating major headaches for the obama administration. >> when did you first learn that hillary clinton used emaul system outside the u.s. government for official business while she was secretary of state? >> the same time everybody else learned it through news reports. >> clinton refusing to give up her server and on march 27th, clinton's lawyer david kendall informing the house of representatives that clinton's work-related
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emails had been handed over to the state department and the remaining personal emails deleted from the server. >> let's have a private conversation about why you had your own server, why you didn't return the records when you left the state department, and why you decided to permanently delete them when you knew that congressional investigations were ongoing? >> the federal court ordering new batches of the emails every 30 days with the goal of having all of them released by the end of january. may 28th, conservative group judicial watch sues the state department to force it to collect all of secretary clinton's emails from her time in. you go. on june 15th political reports that house republicans discover new emails between clinton and long-time advisor sid blumenthal. emails the committee didn't receive from the the state department. >> i don't think it's accurate at all to say that the state department has withheld documents. >> what would do know is that she was receiving information which may have instructed and informed her policy decisions from somebody who had a financial
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interest in libya. >> everything i did was permitted. there was no law. there was no regulation. there was nothing that did not give me the full authority to decide how i was going to communicate. i have never had a subpoena. there is nothing -- again, let's take a deep breath here. >> but she had been issued a subpoena in march. on july 24th, another bombshell. the "wall street journal" reviewing 40 emails and finding that four contained classified information, despite claims that she never sent or received any classified information. that same day, more bad news for the complint -- clinton campaign. independent investigators are asking the justice department to determine if the former secretary of state ill ely transmitted classified information through her personal server. >> the probe not criminal in nature, but on july 31st, the state department unveiled nearly 1400 emails. at least 37 containing information now deemed
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classified. >> where in your estimation is all of this headed? >> it's heading towards criminal investigation. >> and august 12th, the email server used by clinton turned over to the fbi. >> you may have seen that i recently launched a snap chat account. [cheers] >> i love it. i love it. those messages disappear all by themselves. i never sent classified material on my email, and i never received any that was marked classified. >> and fox news ed henry condition fronting clinton by wiping the server clean. >> did you wipe the server? >> what, with like a cloth or something? >> still more reports are from reuters and the associated press of classified information trans mitted on clinton's server. on august 31st, another dump, thousands of more he emails released. 25 of them now considered classified. >> my use of personal email
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was allowed by the state department. it clearly wasn't the best choice. i should have used two emails. one personal. one for work. and i take responsibility for that discussion. >> and the fbi now investigating the former secretary server scandal. what's being done in congress? you will know representative member of the house select committee on benghazi peter rostrum goes "on the record." good evening, sir. what is congress doing in the investigation and do you worry that you somehow step on the investigation being done by the fbi? >> congress is keeping its eye on the ball. and that is this: we have been charged, the select committee on benghazi, has been charged with two things, greta. number one, find out what happened as it relates to the benghazi attack and do everything we can to make recommendations so it never happens again. all of these issues are
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important issues. they are dealt with the federal bureau of investigation. american public is going to make its decision about hillary clinton as a candidate and so forth. select committee is staying focused on find out what happened. >> secretary clinton is going to testify before the committee. is she says she wants to do it in public. i take it that you are satisfied with having it done in public; is that right? >> that's right. she is coming in on october 22ened. -- 22nd. that's the current date. >> do you intend to ask her about any of these emails or is any of that relevant to the benghazi committee. >> i think they are absolutely relevant. we have to have a complete record. chairman gude early on in the discussion when it was clear that secretary clinton was going to have to come in. he went to elijah cummings from maryland and said why don't you schedule the clinton time when she comments in. meet with her team we need
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to make sure we have had had every document we requested and 30 days to review those documents. you know and i know those documents have not been forthcoming which is why we are in this that that he we are now. it has been the with of the committee that has revealed private objection. this arrangement that secretary clinton has made with herself. >> do you have any suspicion that the 30,000 deleted emails the ones defended indicated as personal? do you have any good faith basis to be suspicious that that has some relevant information to your inquiry? >> i have no confidence in anything that the clinton team is saying right now about these emails. past assertions have shown that time and time again, sect clinton and her team haves mislead people, overstating. i have zero confidence in
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the assertions of secretary clinton up until now. i think it's her murderren obviously to explain herself and duly selected committee of the united states congress. >> thank you, sir. >> thanks, greta. half half taking a toll on 201 of white house run. what does the rest of the 2016 field saying? you will hear from them next.
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the secret server continues. the former secretary of state email scandal has been a hawk for her white house run. but for her opponents, it's given them plenty of ammunition. when you have your emails on a private server and you wipe that server clean as
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secretary of state that's a real problem. >> she has lost credibility and so. >> if i were the prosecuting attorney i would have a hard time not pressing charges. >> her wiping the server and being unwilling to admit that that certainly raises a lot of questions. >> it's not emails it's about national security. she put our country's national security at risk. >> she lied about server and emails. >> she put your security at risk and my national security at risk. >> if it's known that she had classified information on email server what do you think that should be. >> prosecuted and convicted. >> why is there a different set of rules for her than us. >> she thinks no rules apply to her. >> likely the chinese and russian government no more about her email server than members of congress. >> she won't answer the question. >> this time it's not a political issue. it's a legal issue. >> she is not nearly at talented as dodging the question as her husband bill is. >> i'm fluent in clinton speak. when he says, bill says i didn't have sex with that
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woman, he did. when and when she tells us, trust me, you have got all the emails that you need, we haven't even scratched the surface. >> democrats are all the prosecutors. prosecute it did she commit a crime? yes. will they prosecute it? perhaps no. >> she has got nothing to side hide, turn the stuff over. >> the "on the record" political panel is back from the hill. a.b. stoddard and from the "washington times" steven dine ma'am. we looked at it in terms of the impact of the democratic race. now let's look at the scandal as it impacts republicans. >> what you saw from the clips every single one of these republicans is prepared if she is the democratic nominee and whoever becomes the republican nominee they are prepared to use this against her. i don't think there is any surprise there. they are going to get more information as we go through january and february. the race as a whole, it's very interesting. what we haven't seep is other than jim webb who i believe has raised some questions. the rest of the democratic field hasn't done very much with it the emails themselves. in fact, martin o'malley
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former governor of maryland has gone the other way. he sent out a message ha, look, i'm mentioned in one of the emails. this is great. hillary clinton is saying how is our guy martin doing in maryland to one of the maryland senators. the democrats are sort of even rallying around her on this at this point. i think the real impact comes, you know, when she faces voters later next year. >> does this mean, a.b., that vice president biden, do you think he is watching this very closely i to see how this unravels? he is running a little bit of time to jump. in he has got the a couple more months. >> right. this is not just some fantasy. people have gone to the party and safe we could have a real problem here. her numbers precipitously. we need one behind beeny sanders to be the. otherwise this wouldn't be at the level that is at now. thee is going to be, if she is the nominee and she doesn't get taken out by joe
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biden and i you think she probably will be the nominee. i think republicans expect her to be because she has the machinery in place, she will be brought before the voters these questions will be the heed of the campaign against her. all the things that congressman has said ha she has said about the email story that have later turned out of to be untrue are going to be strung together in commercials and the case is going to be made that she made an unprecedented decision that no other executive branch official had ever made, which is to take government records into her own secret place, store them and then delete them at her discretion. that's going to be very tough if she has her 49 voters in the general election to get her to the 51 she needs to win. >> debbie wasserman schultz the head of the dnc what do you think she is thinking about this.
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>> exactly what the amy just said they are looking at poll numbers and see how much dang there is. you said this earlier. there is a certain level of support that she is going to main town no matter what happens here. it is eagles will the track nomination. those middle voters are going to be veally tough to get with this. they don't have a big bench or recruited another somebody else. they are in a bind here. >> a.b., thank you he can both. one question looms over her. did she break any laws or just violate policy? a former attorney general goes "on the record" next. from the people who brought you underwhelming internet speeds.
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former secretary of state hillary clinton is trying to deal with the fallout from her server scandal. it is hurting her presidential campaign but did she actually break any laws? and, if so, what kind of legal trouble could hillary clinton be in former united states attorney general mike music casey goes "on the record." i should also note a former federal judge. good evening, sir. >> good evening. >> does she have criminal problems? is there a good reason to be suspicious she broke a law? >> well, there are two things that she did each of which could be a violation two of laws. one was putting the information on an unauthorized server. that could be either a violation of the statute that general petraeus was prosecuted under. which is a misdemeanor. putting information in an unauthorized place or it could be a violation of the espionage acted which requires only gross negligence to disclose information relating to the national defense. >> the espionage one which,
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of course, is a felony. >> a felony. >> a felony. allowing by means of gross negligence any document relating to the national defense to be removed from its proper place of custody or destroyed. that's quite a broad statute. >> it is pretty broad. >> and so that means, let's say hypothetically i work for the government and i brought information home in my. >> that you knew was classified. >> felony? >> could be. >> in terms of secretary clinton that what do you expect the investigation will be. >> i expect they will be investigating both of those things. what boo you i expect the prosecutor's decision to be? >> take me through this. >> they are going to investigate to figure out what was there, what she knew about what was there. in the case of these two statutes. there is another whole set of -- two statutes that are potentially violated by her wiping the server.
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the one that relates to having custody of government information, which when you are the custodian and she was the custodian of the state department documents and owe blitz rating them. that's a separate crime. >> it if it turns out those were all 100 percent personal, would that be a crime. >> 100 percent personal? no. >> has to have a government document in there wiping to be a problem. >> it also has to have a government document in there to it be a violation of the obstruction statute. but there, if it's even potentially relevant to an investigation, even if the investigation doesn't exist yet, that is a violation of the obstruction statute that potentially relevant part but the in the act she voted for when she was in congress. >> aren't you surprised -- i don't know who is how she even got into this mess? >> i'm not clinically i trained. i can't tell that you. >> it's incredible that she walked herself into this mess having a private serve
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er. it seems so basic. wiping a server. you and i have been in the courtroom a lot. the last thing you want to do is wipe something. >> of course the prosecutor is going to be jumping up and down. ladies and gentlemen why do you think she wiped it if they are addressing a jury. why do you think thee wiped it? >> will the attorney general make the decision do you think whether or not a grand jury will be convened? will it go that high? >> sure. sure. it's now being handled, as i understand it within the national security division. and the folks there were the same people who handled the investigation of general petraeus. i know the assistant ag and he is as straight as the edge of that table over there. and he will take this where it goes. >> is general petraeus different in that he took the information and gave it to someone tolls write a book. >> he wasn't charged with giving it to someone else. he was charged with putting it in a place where it didn't belong. >> he got a misdemeanor for that. >> that is a misdemeanor. >> but here she has a
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classified document gross negligence relating to the national defense removed from proper place that's a big difference. >> huge. >> big difference. >> so the decision made by the attorney general whether to convene a grand jury ultimately. >> right. they can convene a grand jury for the purpose of gathering evidence. ultimately the decision is going to be made whether there was a crime and whether to charge it. >> judge, thank you very much. nice to see you, sir. >> good to be with you. >> our special edition of >> our special edition of "on the record" cli i tried depend last weekend. it really made the difference between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. get a coupon at depend.com
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tonight "on the record" has been bringing you special coverage of clinton secret server. we took you deep inside hillary clinton's email server used when she ran the state department. there is still more to be known as this investigation continues. could the email scandal spell the end of the white house run for the democratic presidential candidate? once thought untouchable?
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or with will it rev up her support ares? only time will tell. thank you for being with us for this special edition of "on the record." good night. evening. >> thank you. >> hillary clinton today saying she did pay a department staffer out of pocket to maintain a e-mail server and she is refusing to apologize. i am molly line. the democratic front runner defended the position insisting it is above board and this despite a staffer would invoke the fifth amendment rather than talk about it to congress. >> with the respect to personal services that he provided to me and my family. we obviously paid for those services and did so, because during a period

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