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tv   Happening Now  FOX News  July 1, 2016 8:00am-9:01am PDT

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there's still a chance. what would you spend the money on? >> i would get half of it to you because you're buying the tickets. eric: you heard it here first . we will see you on your island, have a happy july 4. jon: and a fox news alert on this friday, we are awaiting remarks by attorney general loretta lynch as the firestorm intensifies over a private meeting she had with bill clinton this week while her justice department is investigating his wife and her email practices as secretary of state. hello, welcome to "happening now", i jon scott. heather: i'm heather childers in for jenna lee .
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it's friday but there's a lot of news going on. loretta lynch set to speak at any moment in colorado. she's expected to say she will accept the recommendations of prosecutors and the fbi concerning the investigation of hillary clinton's email used as secretary of state. lynch insists that her meeting with the former president on the tarmac at the phoenix airport was a casual conversation after the former president learned that her claim happen to be part of their monday night as well. she said there was no mention of the investigation into his wife's private email server but critics say it does raise serious questions about her impartiality the one we are joined now by brett baer, anchor of special report every weekend here at fox news channel. when you first heard about this is was described as a chance meeting at an airport, brett. if you dig into the details, there was a whole lot more they're going on. this wasn't just a couple of people at gate c 12 who happened to see each other in the lounge chairs . this was a private jet and mister clinton walking aboard to visit the city attorney general. >> it's very stunning, you're right.
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it's not like bumping into somebody in the terminal in front of starbucks. this was a meeting that we only knew about because a local reporter happen to get a tip and then suddenly this thing exploded. realize couple things. one is that we have a well-placed source in the fbi who says that fbi agents are livid about this meeting between the attorney general and the former president, not just because of the optics and the bad appearance but also because bill clinton is a potential target, a potential witness intricately involved in the second part of the investigation and that is the corruption investigation into possible mishandling, missed dealings with the clinton foundation. while clinton was secretary of state so there's a direct correlation there. the second thing is that greta van susteren points out you don't have to be talking about the substance of the investigations to have influence on somebody who is going to make a decision about the end result.
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so it's like working the refs and lawyers know this and attorney general lynch obviously a lawyer and remember, bill clinton is a lawyer, used to be the attorney general of arkansas. jon: the charm offensive as you put it, a conversation that was supposedly just about grandchildren could have been about how much hillary loved her grandchildren and she, she couldn't imagine what it would be like not to be with her grandchildren every day. it just begs the question of exactly what was said inside that private plane. >> yes, and it's a real problem so she's going to come out and were told she is going to say that she's going to accept the consensus of opinion of the fbi, the career prosecutors on this investigation. these investigations. but she's not technically going to recuse herself, were told so she will still have some oversight in the final decision. what this does is it puts a real pressure on the administration and i think
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you saw that with josh earnest yesterday, john. there's anánow and critics will say this is all baked in from the beginning. this is not the first time, john, that fbi and agents have been upset about this administration handling this investigation or talking about it. in october, the president said there was not going to be any national security implications in this email investigation in aninterview and the fbi was very upset about that as well . jon: it would be fascinating to know the back story of exactly how this meeting on the tarmac was arranged. i fly a bit and i know something about airport communications. it's not typical that you know, and attorney general's pilot would happen to know that the former president happened to be nearby. i think it's also weird and where were there staff?
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there are staff who should be seeing mister president, your wife is under investigation by the department of justice. it might not be such a greatidea if you clambered on board loretta lynch is jet . >> exactly but it's not only his staff but her staff. where is her staff saying this raises a red flag? this is really going to be a problem if just perception wise. i think this changes the dynamic. it may free up fbi investigators, who knows what they're going to do but we are told, a producer at the justice department met dean says the source is telling them they are quote, very close to a determination in this investigation but remember, it's to track here. you got the email investigation, you've got the corruption investigation into the clinton foundation and the dealings there. jon: has there been any indication given, you say we are getting close to some kind of ruling from the justice department. it seems like james comay, the fbi director wants to get this over with sooner rather
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than later area is apparently your full of affecting the outcome of the november elections but clearly this is a decision that's going to have tremendous impact on the potential, i'm sorry, on the democratic nominee. >> to be fair to director comey, he has said he doesn't care about the political timeline, that's what he said publicly. of course, it's in the background of this entire thing. the presidential election does potentially hinge on whether hillary clinton gets indicted or not and it's a big, big deal which makes this meeting on the plane that much more surreal and that environments where that much is on the line so it will be interesting to parts kind of how attorney general lynch talks about this, and it does turn and change the dynamic of this investigat and who knows? it could be coming in days. we should point out it's friday beforea holiday week . we are usually aware late in
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the afternoon that bad things are interestingthings come out. i don't know if it would be today but it may be soon . jon: is a washington condition, you dump bad news late on a friday, especially on a holiday weekend. brett behr, anchor of special report, thank you. we expected loretta lynch to appear five or six minutes ago, at least that was the time given. it now appears she's going to be another 10 or 15 minutes, that's indication, alan coming out of aspen colorado. let's talk about this with our political panel, aaron blake, reporter for the washington post and manager of the fix. david a, politics writer for u.s. news and world report. can i go back to the decision description i gave brett a moment ago. it was described as a chance meeting at the phoenix airport between the former president bill clinton and the attorney general loretta lynch. again, my mind conjures up
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images of two people passing in the terminal and they bump into one another. turns out he's heading down there on her private jet, he clambered aboard with her apparently nobody else there in the fuselage, in the cabin, it sounds a little untoward, doesn't it? >> you would think that former president bill clinton would have had a better slot to meet loretta lynch if that was his intention discreetly, not at a public airport, not at a place where you have hundreds of travelers walking by. ultimately, obviously a local reporter found out about this but it's odd that he did this in such a public manner. i would also say that this is probably not a happy time of the clinton campaign. they were having a pretty good week, a prettygood month given what was going on with donald trump and now thrust back into the news . if this email scandal which she earlier this week was
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talking about that she was moving on from so this is something that is now lingering in the headlines the cause of her husband, the cause of something that he decided to do and you know, this is bill clinton back in the headlines and not being helpful to the campaign. jon: is a two familiar pattern i suppose for the clintoncampaign. erin, you are the managing editor of the fix , how do they fix this? >> well, they kind of have to wait and see at this point. i think the next big thing obviously is what does the fbi and justice department eventually say about this? certainly whatever comes out of the of that is going to be covered by this meeting. people who are predisposed to not trust the clintons or have questions about that are going to be doing this through this lens. it certainly doesn't help, especially for a candidate
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who is probably biggest vulnerability in this campaign has been trump and it doesn't help in a campaign where the american people have shown that a really kind of want to move away from politics as usual. they don't trust politicians to do the right thing and as david said, the fact that this kind of happened behind closed doors without any announcement about it and that it came out of a local reporter who eventually reported it , it all sounds a little bit tricky and i think the american people who start from a position of not having a lot of trust in the clintons were particularly hillary clinton are invited to continue tobelieve that and maybe even ratchet up that believe a little more . jon: we are still waiting for attorney general loretta lynch to make a pronouncement there from the lectern in aspen. gentlemen, stick with us if you can. we will wait for that. heather? heather: meantime, other follow-up going on from great britain's brexit vote.
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justice secretary michael goes not backing down from his surprised run for prime minister. despite calls for him to drop out and unite the conservative party behind a new favorite for the job area basically, a new scorecard to keep up with all this drama and art senior foreign affairs correspondent greg knows all about the players and he is live in london and can bring us up to speed. right? >> there is a lot of political intrigue here, all of course in the wake of last week's dramatic vote by the uk to leave the eu, the so-called brexit vote. michael gold, he's the justice miniter's minister here and he laid out a plan to become the next prime minister of the uk after david cameron said he would be stepping down. his line, someone who argued to get the uk out of the eu, he said, should be the one to leave it out. that was a clear swipe at the uk's equivalent of an attorney general and the
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leader certainly has closest rival for the pm job, she actually wanted the uk to stay inside the european union but now she says she will be a tough bargainer with brussels and then there's pro brexit x mayor boris johnson.he was pegged by many to get the top job until according to many, he was in the back or the front byhis erstwhile ally gold . no piece for him today as he left his london home. he was met by jeers and alluded to a ship that might be sinking. while markets appear to be holding up, there are signs of bad economic times and post brexit. the treasury secretary saying today and economic slowdown seems like an absolute and that means their hopes to reduce the deficit gone out the window and more word that london and the uk could be losing a lot of jobs, maybe tens of thousands of jobs as companies relocate from the
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uk to inside the european union. the latest on a big airline here called easyjet saying they want to move their legal location headquarters outside of the uk. finally heather, no less a voice than x prime minister tony blair where wade in an op-ed today in one of the newspapers, he warned of dire times ahead for the uk. his quote, the future of great britain is at stake. again, watch this space. heather: heavy stuff. greg powell can't live for us, thank you. jon: video captures the frightening moments when a man attacks several people on a denver downtown industry and mall with a long piece of pipe. why police say it wasn't the first time the cause trouble that day. plus, a deadly accident causing the government to take another look at tesla's autopilot feature. also, we want to hear from
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jon: there is loretta lynch, attorney general of the united states. she is being introduced at the aspen ideas festival. we expect that he's going to speak some about her sort of clandestine meeting with bill clinton on the tarmac at phoenix airport the other day. mister clinton apparently clambered aboard her private jet. he was the plane from another private jet nearby and they spent half an hour in personal conversation. jonathan capehart is asking about it right now. let's listen in.
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>> well, i think that's the question of the day, isn't it? and i think that's a perfectly reasonable question. that's the question that is caused by what happened in phoenix because people have also wondered and raise questions about my role in the ultimate resolution of matters involving an investigation into state department emails and to the extent that people have questions about that, about my role in that , certainly my reading with meeting with him raises questions and concerns believe me, i completely get that question. and i think it is the question of the day. but i think the issue is again, what is my role and how that matter is going to be resolved? let me be clear on that how that is going to be resolved. i' also overtime and we usually don't make public those deliberations but it's important people see what that process is like. i've always indicated the matter is being handled by career investigators with the department of justice and have since the beginning. >> which creates your tenure
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as attorney general. >> it predates my tenure as attorney general, it's the same team and they are acting independently. they follow the law, they follow the facts. that team will make findings which is to say they will come up with a chronology of what happened, a factual scenario. they will make recommendations to have it resolved, what those facts lead to. the recommendations will be reviewed by your supervisors in the department of justice and the fbi and by the fbi director. then they will present to me and i fully expect to accept the recommendation. >> what's interesting here is you fully expect to accept the thing people were saying this morning the news broke was that you were quote, recusing yourself from having any kind of role in the final determination. is that the case? is that what you're saying? >> recusing would mean that i wasn't even briefed on what the findings were are what
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the actions going forward would be and while i don't have a role in the findings in coming up with those findings or making those recommendations as to how to go forward, to be briefed on it and iwill be accepting the recommendation . >> when you say again, this must be the journalist in me and the linguist in me, accepting means here, attorney general. here are our findings and you completely accept them wholeheartedly and issued them to the public or you accept them, look them over and then make your own determination as to what the final determination will be? >> the final determination as to how to proceed will be contained within the recommendations in the report and whatever format the team puts together, that has not been resolved, whatever report they provide to me will be a review of their investigation, it will be a review of what they have found and determined to have happened and occurred and will be there determination as to how they feel the case
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should proceed. >> and when you say there will be a review, you mean the review will be done by you once youaccept the recommendation , the determination or the process of the review ... >> the initial process of how this case will be resolved. this case will be resolved by the team that's been working on it from the beginning. supervisors always review matters and in this case, that review will be career people in the department of justice and also the fbi will review it, the fbi director and that will be the finalization of not just factual findings but the next steps in this matter. >> i find it interesting, several times now he made a point of saying career prosecutors, career officials within the justice department. why are you making that very hard distinction? >> a lot of the questions i've gotten over the past several months, frankly about my role in this investigation is what it would likely be was a question or concern about whether someone was a
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political appointee who would be involved in deciding how to investigate the matter or what something meant or how should the case proceed going forward. and as i've always said, this matter would be handled by the career people who are independent. they go from administration to administration. there were role is to follow the facts and follow the law and make a determination as to what the next step should be. in my role as attorney general, there are cases that come up to me, i am informed of them from time to time. this case as you know has generated a lot of attention. i will be informed of those findings as opposed to never reading them or never seen them i will be accepting their recommendations and their plans for going forward. >> the new york times reported this morning that the justice department officials said back in april that what you are talking about right now was already being considered and so the question is, before president
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clinton boarded your plane in arizona, had you already made a determination that what you are announcing today was indeed what you were going to do? >> yes, i had already determined that would be the process. in large part because as i'm sure you know as a journalist, i do get this question a lot and as i've said on occasion as why we don't talk about one ongoing investigation in terms of what's being discussed and who's being interviewed to preserve the integrity of that investigation, we also typically don't talk about the process by which we make decisions and i provided that response also but it is a situation because i did have that meeting. it has raised concerns i feel and i feel that's why i can certainly say this matter is going to be handled like any other as it has always been. it's going to be resolved like any other as it was always going to be and people need the information about exactly how that resolution will come about in order to know what that means and
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really except that and have faith in the ultimate decision of the department of justice. >>back to my first question. what were you thinking question, let me put it differently . and ask when you are on your plane, from having been in washington a while and knowing how the protocol works, you land, folks get off, you get off for all sorts of reasons but it's very fast. you're on your plane and in walks the former president of the united states area what were you thinking? >>. [laughter] as i've said, he said hello. we instinctively said hello and i congratulated him on his grandchildren and it led to a conversation about those grandchildren who do sound great. and it led to a conversation about his travels and he told me what he had been doing in phoenix and various things
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and then we spoke about former attorney general janet reno but it really was a social me, it really was in thatregard, he spoke to me, he spoke to my husband . then we moved on. and as i said before, i do think that no matter how i viewed it, i understand how people view it and i think that because of that and because of the fact that it has now cast a shadow over how this case may be perceived, no matter how this is resolved is important to talk about how it will be resolved. it's important to make it clear that that meeting with president clinton does not have a bearing on how this matter is going to be reviewed, resolved and accepted by me because that is the question that it raises. so again, no matter how i view it, i think what's important to me is how the people view the department of justice because of that meeting. how do people view the team
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that's working on this case and has from the beginning because of that meeting. how do people view the work that we do every day on behalf of the american people which we strive to do with integrity and independence so that's the question for me and i think that's why i felt it was important to talk about what impact that meeting would have on the case which it won't but in order to explain that we have to talk about how it will be resolved. >> you known president clinton for a long time. he's the one who nominated you and appointed you to us attorney for the eastern district in 1999. so i'm wondering, you have a relationship is what i'm trying to get to in terms of long-standing, professional relationship but you would be well within your rights to say get off my claim. what are you doing here? do you regret not telling a former president to the united states to leave the premises?
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>> as i said, i viewed it in a certainlight but the issue is how this is going to impact the work i do and what the department of justice does and i certainly wouldn't do it again . because i think it has cast a shadow over what it should not come over what it will not touch and that's why i said i think it's important to talk about how this matter will be resolved and how the review and the terminations and decisions will be made. i can say as i have said, it's going to be handled by career people and we can make an announcement as to what it is. the people who have insight into that process, they're not going to be unable to evaluate that and the most important thing for me as attorney general is the integrity of this department of justice and the fact that that meeting i had is now casting a shadow over how people view that work is something i take seriously and deeply and painfully i think it's important to provide as much information as we can so that people can
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have a fill view of how we do our work and why we do our work and how this case is going to be resolved as well as all the cases are resolved . >> of course, what happened as a result of this, there are people out there in the world were saying see? this is an example of the system that is rigged against the rest of us. and you just said that this whole incident has been painful, is one of the words you use. what would you say to the american people who might believe that yes indeed, this is an example of washington rigged against them. >> i think that people have a whole host of reasons to have questions about how we in government do our business and how we handle this and how we handle matters. i think that again, i understand my meeting on the plane with former president clinton could give them another reason to have
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questions and concerns also. that is something that , that's why i said it's painful to me because the integrity of the department of justice is important and what i would say to people is to look at the work we do. the matters we work on every day whether they involve a high-profile matter or a matter you never heard of the person. the victims that we deal with every day. look at the people we protect every day because that's our mission. and to the extent that this issue has overshadowed that mission, that's been painful to me and so i think it's important that we provide as much information as we can let people can have an confidence in the work of the department and the work of the people who carry on this work every day. >> last question on this. so when might we expect your acceptance of these findings? are we looking at weeks, months, days? >> in terms of timing, i actually don't know that. again, i don't have that insight in to the nuts and
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bolts of the investigation at this point in time. they are working on it, they are working on it very hard. they're working on it to make sure there is thorough as they can be, that they covered every angle that they looked at every issue. they're doing the work that the people in the department of justice to every day and i could not be more proud of that work and i could not be more proud to present that work to the american people when this matter is resolved so that we can let people know the results of this investigation. >> moving on, ... [applause] keep in mind, this sitdown has been on the books for several weeks, a few months and we were here because you were going to talk about criminal justice reform . you've been out west and making your way back east, going to various communities, talking about some of the findings and things that people are doing the zombie the presidents task force in
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20th-century policing and in reading the report, i actually read it ... >> it appears they aremoving on to other topics . a writer for the washington post also appears on another tape cable television network using the attorney general loretta lynch about what happened monday evening at the phoenix airport when former president bill clinton clambered aboard her private jet for a little private meeting.she says they discussed grandchildren and the like but as his wife is under investigation by the fbi which falls under the purview of her department of justice, it raised a lot of questions. let's get back now to our political panel, erin blake is a political reporter for the washington post, managing editor of the fix. senior politics writer for u.s. news and world report and i should say, before we begin that our producers in the are keeping an ear on that discussion and if the topic of what happened in phoenix comes up again or
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anything more about the hillary clinton email investigation, we will certainly bring those highlights to our viewers . gave in, she said it was very painful to her to think that people might be a little suspicious about her conversation with the former president on that plane. did she put any question stress? >> she tried to. my two big takeaways from that snippet of interview we just watched was on, trying to stress that she is not one to ultimately make the decision.that is going to be investigators and that's what the fbi. she did not pointedly recuse herself from the investigation because of this which she could have done but she kept stressing over and over, i am willing to accept the recommendations, i will accept recommendations. basically, she's not one to be the one making this decision. the second thing is i think she regrets this. she said explicitly that this
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will cast a shadow over the entire investigation. she knows this is now politicized and will continue to be and no matter what the justice department decides, that this will have become a factor, especially for republican opponents and skeptics of this that they could get a fair trial of hillary clinton or a failed investigation of hillary the whole way through i think she could go back 24 hours, she would not have had this meeting with bill clinton. in fact, she said she wouldn't do it again . >> the reporter who broke this story, a phoenix reporter was on with bill o'reilly last night and talk a little bit more about what went on, what people saw down there on the tarmac. let's listen in. >> they wait for her to land. she arrives. some people step off her plane, the former president gets into her claim, they then speak for 30 minutes privately. the fbi there on the tarmac
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instructing everybody around, no photos, no pictures, no cell phones. he then gets off the cell phone gets on his plane, she continues on with her plane visit. jon: again, it's a little more than just a casual meeting inside the airport terminal. erin, did she put the questions to rest about how she will proceed, her department will proceed with the results of this investigation? >> look, i think she probably did about as well as she could have . she was very forthcoming, saying repeatedly that she believes in acknowledgment that this casta shadow over the investigation . she even eventually after plenty of chiding by my colleague admitted that this is not something she would do again.she tried to be very forthcoming and i think she's very good at that in fact but the fact is she's also dealing with a very bad situation, a situation that
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is partly of her making and there's only so much she can do to put to rest the suspicions that are going to be arising about this duration. those suspicions, i suspect for people who are predisposed not to trust the clintons are going to remain. the question is how much bigger that becomes and whether independence also continue to be suspicious about this thing. i think she handled it very well and she made a big mistake which she basically acknowledged that she's going to have to spend a lot of time trying to climb out from underneath. jon: david, brett behr describes it as akin to a prosecutor having a closed-door meeting with the judge during the middle of a trial or an investigation . pretty good parallel theirand you have to wonder , these are busy people. maybe not bill clinton so much but the attorney general of the united states, she has time to sit there in her private plane for 30 minutes and just chew the fat with the former president?
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>> to play devils advocate, can you can imagine the pressure she probably felt to take a meeting with a former president appointed her, not excusing the fact of what he did. i think she knows what she did was wrong, he basically came out and said that but the pressure when the former president, any former president asks you to have a conversation, it's tougher in the moment i think. the other point i would like to make is the political context. i'd be fascinated to hear what hillary clinton says about this. she's going to get asked about it, she doesn't have any public events the next couple of days. he will ultimately be asked about it and does he say my husband was wrong, my husband was out of line with mark it gives just the appearance creates problems or will she say i had nothing to do with it, i can't control bill, you're going to have to ask thepresident. i think the answer is going to be fascinating for us to watch and she's going to have to answer for it .
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jon: she is going to accept the fbi's recommendation in that case. she says that decision had already been made, it had nothing to dowith this previously unreported meeting with bill clinton . i guess we can only take the attorney general at her word on that area. >> yes, he basically said that the only reason they announced this part of the process, they generally don't discuss anything having to do with the investigation. the only reason she said they decided to announce that she would be accepting whatever the recommendations are was because of the situation that was created by this meeting. i think david also makes an interesting point here, i talked about how attorney general lynch was pretty forthcoming, seemed pretty genuine in this response. that kind of up the pressure on hillary clinton to match that level of candor and frankly, when these kind of situations have come up in the past, that hasn't always been her demo. she's kind of pretended like it's not really a big issue.
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she tried to kind of wish it away a little bit. will she also say like loretta lynch did that maybe this meeting wasn't a very good idea. will she say her husband shouldn't have done that? it's hard to see her doing that but i think that what beretta lynch just did will put pressure on her to address it in that way and whether or not she does that i think is very much an open question. >> maybe she will say it was part of a vast right-wing conspiracy, you never know. erin blake from thewashington post, david gaffney, us news, thank youboth . heather: one thing to point out, if you look at her wording , specifically she did not say he would accept a recommendation. original thing she said although she switched it a little bit, i fully accept to accept the recommendation. jon: there is a little bit of weight room in there, isn't there? heather: still to come, news outlets covering the benghazi report very differently. plus, a man serving a life sentence for killing his
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ex-girlfriend gets a new trial after the hit podcast serial exposed serious problems with his murder conviction. our panel takes a look at the on on cyan case. >> ♪
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jon: a two-year congressional investigation into the 2012 then does he attack came to a close this week after a house select committee released its final report, although they are still investigating. but the interpretation of the report very depending on which media outlets you are reading or listening to. it comes in the midst of controversy about the clinton email investigation as well. joining us now, do miller, a pulitzer prize winning reporter and fox news contributor and lynn sweet, the washington bureau chief for the chicago sun-times. it seems to be that thishouse benghazi committee, although it without its final report , the issue is still seen very
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differently by different sides. >> oh yes john. the political lens through which you examine what happened that night in ben dossey december 2012 totally affected the way readers were told or people watching tv were told about it. bluebird and fox news both reported that the report cited numerous problems in the administration's handling of the episode that night, this terrible attack and also a second part, what they said about what had happened on the ground that night whereas the new york times and the usa today took a very different approach, basically no problem here, lori is not exonerated, no new evidence to suggest she did anything wrong. this report was not just about hillary clinton, it was about the obama
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administrations handling of an incident that led to the death of four americans and when you read that report as i started it, i was still working my way through it, when i read that report you cannot help you walk away shaking her head and it's just amazing that that kind of, the number of screw ups and miscommunications and misinterpretations and then of course what i think is the deliberate spinning of what happened on the ground that night, all of that is not really conveyed to viewers and readers in the way in which the times handle it and usa today. jon: here's a sample that was published on the new york times website in the opening minutes after that report was released, lynn. the headline which is not written by the reporter but the headline reads, pardon me. house benghazi report finds no new evidence of wrongdoing by hillary clinton. and then one of the closing sentences, mister dowdy who headed that committee praised by heroes as americans who
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died in the attack on september 11, 2012.they included ambassador christopher stevens and sean smith, killed in ben dossey by a mob of militia fighters who had been incited by an american-made video deriding the prophet mohammed. now, dowdy, lynn clearly stated there was no evidence that video had anything to do with what happened in ben dossey and yet the times is still referring to it there. >> let me try and bring this down to a few bite-size chunks because the report which i have not read is 800 pages but since this is a journalist that said this year, when you have that much information, reporter, columnist, a news producer, what you see is a lot of decision being made on just what is the news here? if you are a political writer or if you have an orientation you want to know in the midst of a presidential campaign,
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is there damaging information that we didn't know about hillary clinton? if that was your angle, then i want to put out there there are many angles you could have pursued if you're writing a new story about this report. well, there seem to be and i just reading what others wrote, there was no new evidence that surfaced. if you want to read a story about the obama administration mess up, well there seems to be many things that the report said that could lead you to write that we so as in a lot of news stories, what you read is a determination and kind of a subjective, maybe not necessarily partisan decision on what is the main story here and i want to put out there that there were money stories and what you might say is media partisanship i think is just viewed from the lens of what the task at hand was for the writer or producer. jon: but the report, judy
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found monumental errors at the state department, at the pentagon, at cia. but it doesn't ascribe blame to any individual but you know, harry truman had the buck stops here on his desk. a equipment has the state department, barack obama has this administration. why is nobody being held accountable? >> i think it's because there were seven investigations before this and people said oh gosh, we knew they screwed up but when you really look at the facts that leon panetta who was then secretary of defense gave in order to deploy forces to try and rescue people who were in danger there and that order did not even get conveyed to the forces out there for an hour and a half and then when it was conveyed it was missed conveyed to be prepare to deploy forces, that's a huge screwup and yet you didn't see a lot of attention to
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this in this new fact in the reports and we have to separate out and lynn, you have to separate out the spinning of what happened on the ground that might what actually happened on the ground and what this report ... >> i agree. >> hillary clinton made a statement that she had reason to believe was not true, that she in fact contradicted in private communications to libyan ambassadors and chelsea and the egyptian ambassador as to say as the new york times did that this video prompted that attack, the report completely contradicts that and so to previous reports and yet, that sentence is in the reporter's story and i tried to get them to correct it. they said that they are looking at the issue, let's see what they do. >> but judy, if you are writing the lead sounds like you are looking at the report things that were just new, not necessarily what does this mean for hillary? >> isn't that what they're supposed to be doing? >> so if there's a fault
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here, it may be that the first days were he should have been what is new in the report, so there should have been may be multiple stories, especially in the papers of record that have multiple reporters were familiar with the facts and again, since this is a media segment, this is a story that maybe just one story can't tell everything. but the analysis could have talked about what does this mean for hillary and i do agree with you that when you talk about thesituation, there's one story about what happened . the events leading up to the desk and then how the administration handled it afterwards . jon: bringing in this video which the report clearly said had nothing to do with the attack that night was mighty strange on the part of the new york times. >> but more than the new york times, if the report itself had said strongly this is new
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and this is our conclusion, that also would have influenced coverage and that's why congress and trade dowdy got flak because he did not put out conclusions in the report but you have to give that down into. jon: he did say that publicly, however. lynn sweet, judy miller, we have to run. thank you. heather: coming up, a bombshell ruling in the case of a man serving a life sentence for murdering his ex-girlfriend. the trial captured the attention of america thanks to the hit rock podcast cereal and a judge just deciding in the adnan syed case. they brought this on themselves.
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getting a new trial. his conviction for the killing of his ex-girlfriend was the subject of the award-winning hit podcast "serial" and the maryland judge has vacated syed conviction citing negligence 15 years ago. when a jury convicted himof kidnapping and strangling his ex-girlfriend , emily. a criminal defense attorney and former prosecutor, natalie merchant is also a criminal defense attorney and they join us with a little more insight. actually, i'm going to start with you. if it had not been for the "serial" podcast, do you think this would be happening? the judge says it had nothing to do with his decision. >> i don't think so. i don't think there would have been attorneys that would come forward to help mister syed, i don't think there would have been the same kind of analysis, i don't think anybody would have gone to find this alibi witness, you would've been a lot like a lot of you languished in prison without anybody tohelp him or the resources to help . heather: troy, this was
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syed's third appeal so was this the end of the road for him? >> it really was. our system is designed to ensure the validity of convictions. appellate courts are very low to overturn or to give a new trial and grant a new trial as was granted in this case because they really want to ensure the finality of the decision. heather: so what could happen next? could he actually be released from jail? i understand his attorneys have spoken out and are going to try to get bail, they say he deserves it. ashley? >> essentially the conviction is overturned so he goes back into the sameposition he was in before the jury convicted him. he is like any other defendant who is awaiting trial on murder charges . bail on a murder case is very rare and in terms of the maryland office of the attorney general, they are saying they will continue to pursue justice for lee, the victim and her family but how difficult will it be?
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it's been 15 years, to go back and find all this evidence again because troy, they will have to prove once again the on the reasonable doubt that he's guilty. >> that's right. and as a defense attorney, you want a case to be aged. often a strategic decision the defense attorneys make is to age a case because things get lost. people died memories fade but in this case , it appears that the whole reason why a new trial was granted was because his original attorney didn't do a good job read this court found there was ineffective systems of counsel because his attorney at trial to investigate a potential alibi witness it didn't even investigate, let alone not cross-examine an expert who testified about cell phone technology. heather: that apparently is what made this case take it turn. thank you for joining us, we will see what happens next. >> thank you. heather: and we will be right back, stay with us.
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jon: there is more to come. we will be back here in an hour. "outnumbered" starts right now. sandra: this is a fox news alert. a major announcement about hillary clinton's e-mail scandal and who is going to be making a call that could ultimately impact the presidential election. this is "outnumbered." i'm sandra smith. here today, julie roginsky, radio talk show host meghan mccain, fox business network's dagen mcdowell, and today's #oneluckyguy, former cia covert operations officer, mike baker is here, and a great day to have you, sir. you are "outnumbered." >> thank you very much. i'm happy to be here. julie: he was in the business of lying for a living. dagen: for all those years. can you tell us who's lying now, mike? >> but for patriotic reasons and for the good of the nation. julie: or so you say. >> or was i lying just then? [laughter] sandra: we're going to immediate your perspective and expertise on this.


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