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tv   Americas Election HQ  FOX News  July 2, 2016 9:00am-11:01am PDT

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patriotic fourth of july. as the fbi investigation of hillary clinton's private e-mail server comes to a close, agents still haven't interviewed the presumptive democratic candidate. could today be that crucial moment? brand-new fox news polls, trouble for her republican rival donald trump. will he now be able to ramp up his criticism of hillary clinton's e-mail scandal to turn those poll numbers around? we have just learned three students from u.s. universities, including one u.s. citizen died in the bangladesh terror attack as isis takes responsibility. a live report on how it all ended coming up.
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good to you on what has turned into an exceptionally busy news saturday this fourth of july weekend. i'm leland vittert. >> i'm elizabeth prann. we have brand-new video for you. this we know is the motorcade arriving at hillary clinton's home in washington, d.c. we can tell you what some of our producers on site there, about four hours ago we saw a motorcade leave. it's presumed to be hillary clinton. jennifer griffin is reporting that the clinton campaign is not responding to any media requests this morning. kristen fisher has been following this developing story with the very latest. >> ron: here's the deal. there are unconfirmed reports that hillary clinton could be interviewed by the fbi as early as today. the meeting would ikely happen
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at her home in washington and would suggest this investigation into her private e-mail server is nearing its end. that's one reason why monday's meeting with loretta lynch and former president bill clinton was explosive. lynch regrets the meeting for creating an apparent conflict of interest. the frustration goes beyond appearances. fbi agents are reportedly livid over the meeting because bill clinton himself is a potential target and witness. >> the issue is how does it impact the work that i do and within the department of justice does? s i certainly wouldn't do it again. >> yesterday lynch tried to quell the outrage saying she will not lock any potential criminal charges, she would accept the recommendation of the fbi and other career prosecutors. she did not officially recuse herself. when asked if the white house had a hand in that decision, here is how the white house spokesman responded. >> the white house and president
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were not at all involved in that decision. what i do feel confident telling you, even though i have not discussed it with him, he believes that this matter should be handled without regard to politics. he believes this investigation should be conducted based on facts. >> but that's easier said than done aechlt specially when president obama is said to campaign alongside clinton for the first time next week. they have events scheduled tuesday in north carolina. this weekend clinton's schedule completely clear, leaving ample time for that possible interview with the fbi. >> thank you so much. for more insight on the clinton e-mail investigation, let's bring in "wall street journal" reporter colleen mccain-nelson who has been covering the clinton campaign. busy weekend all of a sudden. you connect these dots. monday you have the surprise visit between bill clinton and the attorney general. thursday, it blows up in their face essentially. friday the attorney general makes this hastily put together
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announcement and the clinton campaign is totally dark. what do you make of it? >> radio silence from the campaign. there is certainly an opportunity for this interview to happen at this point. hillary clinton has been off the campaign trail for the last few days. she certainly had an opportunity there to prepare for an interview. as kristen said, she has no campaign event scheduled this entire weekend. it could be happening today or could be happening in the next couple of days. we heard from sources that the investigation is nearing an end, an interview is happening soon. this weekend seems like the perfect opportunity for the fbi to conduct the interview. >> in terms of what you're hearing and from the bread crumbs, nothing official is coming out of the campaign, did they understand the impact of the bill clinton/loretta lynch meeting and how bad the operatives were? is there anger at bill clinton? >> i think there is frustration on all sides that this happened.
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and regret. you hear the white house having to tip toe around this. josh earnest never said this meeting was okay. he broadly deepded lor ita lynch and her conducting this investigation without political interference but never said the meeting was okay. we haven't heard from hillary clinton because she hasn't been on the trail. we haven't been able to ask her about this. we'll have to hear from hillary clinton. i don't think anybody is thinking this is a good idea. >> is the clinton campaign looking at this beloved former president by so many as a liability, especially after you look at the black lives matter comments, some things that turn into real messes hillary clinton had to clean up?
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>> i think there are mixed feelings. on balance, people in the clinton campaign still view bill clinton overall as more of an asset than a liability. they acknowledge occasionally he says things and does things they wish he would not. i think this week is a perfect example of this. you see bill clinton has high approval ratings. he still is helpful to her on the trail more often than he is hurtful. i think a whole lot of people would like a do over this week. >> what spin are you getting from the clinton campaign in terms of how they are going to put out this fbi meeting, a presumptive presidential candidate being interviewed by the fbi in a criminal investigation is unprecedented. how are they going to spin this coming into the convention that should be this perfect time to unload their messaging and lay everything out? instead they have to play defense? >> right. they said all along. they previewed what they are going to do. they said we are going to cooperate, answer every
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question, we did nothing wrong. you've got a sense of this after the inspector general report came out which was critical of hillary clinton and said she shouldn't have done this. the clinton campaign and hillary clinton seized upon different words in the report and said i did nothing wrong, i've been cooperative, even though she hadn't spoken with the inspector general. >> there is a contingency plan within the campaign for what happens if james comey walks out and says i'm recommending an indictment? loretta lynch said i'm going with what the fbi recommends? >> i would imagine you have to plan for every scenario, but certainly hillary clinton and her top advisors give off the appearance they are certain that is not a possibility. we shall see. >> you actually have to say, how are you so certain? if you haven't been given any heads up, if there's been no
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improper communication, if there was really only golf discussed on that plane between bill clinton and loretta lynch, how do you know? >> right. i think it would be we know because hillary clinton did nothing wrong. she did not break the law. that would be their answer. the fbi and the career prosecutors will weigh in with their own answer. >> take me through where this goes from here from the party perspective. is there any contingency plan you're hearing about from the white house, from the dnc if she is indicted do we think about a joe biden option? do we do something different? >> interesting josh earnest got that question this week, is there a plan b if an indictment is handed down. he said he was not aware of a plan b and they are not expecting an indictment. that's not something they are talking publically about. they are just not willing to entertain that possibility at this point. the problem for the clinton campaign beyond the investigation, the political
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problem is that it just keeps hanging over her campaign and coming out in dribs and drabs. >> you look at the video of hillary clinton coming back in, the motorcade coming back into her house. that is not what you want as the presumptive democratic nominee camped out of your house saying is this the day you meet with the fbi? >> that is correct. this comes just a couple of days before she hits the campaign trail with president obama. something they have been looking forward to. they are hopeful president obama can give her campaign a jolt of momentum. instead she is going to be answering questions about this. timing is not what they were hoping for. >> the president may have to answer questions. with the attorney general, this terrible lapse in judgment.
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did bill clinton say, i want to talk over to the attorney general's plane and walk up the stairs and nobody thought to say, this may not be the best timing, mr. president. >> right. i think it was as simple as that. when you talk to sources in the campaign and talk to people who are friends with bill clinton, they say this is just who he is. he is a gregarious guy. they point out the fact he has had tarmac tete-a-tetes on the tarmac. sometimes it's a question of judgment. what people just don't understand is how neither bill clinton nor loretta lynch nor any of the gate keepers around them raised a red flag and noted this might not be the best time. >> what do you make of what we are seeing here from the white house on this and the messaging from the attorney general is specific. i expect to get the
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recommendation from the fbi. are they trying to have their cake and eat it, too, in the sense if the fbi clears her loretta lynch could say i have nothing to do with it. if they recommend to indict there is daylight to say, i can overrule them if i want to. >> right. it's a complex question for loretta lynch, to be sure. there is probably feeling if she recused herself that was an admission of wrong doing and they perhaps talked about something else in the conversation. there are a lot of different calculations here. she wants to emphasize they just talked about golf and grandchildren. she ultimately did nothing wrong except perhaps exercise poor judgment. >> she said this was a bad decision, but i didn't do anything wrong. do you make anything of that daylight there? do you get the sense they are leaving themselves an opening for the fbi to come back and say
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we think there should be an indictment and her say, not going to do it? >> that seems unlikely they would be able to justify doing that at this point after all that transpired. she said this was always her plan from the beginning. she was always going to accept the recommendations of the fbi and career prosecutors, and she just wanted to underscore that now. it would be very tough to justify then coming back and overruling them. >> i have a question for you. it may be a stretch but is there any possibility this meeting could have any impact on the investigation? >> that's a great question. loretta lynch says no. she is just accepting the recommendations and that she is not actually weighing in on them herself. she would argue no. at this point, we don't have sight lines into this. by its nature, it's not a
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transparent process. >> you have to take loretta lynch and the clinton campaign hasn't said anything, at face value if you want to. there were two people in that meeting on a private jet. you may have been referring to the meeting between hillary clinton and the fbi and how that could affect the fbi investigation. >> right. that will definitely have an impact on the investigation. this is the final step in the investigation. once they have interviewed everyone else, then they turn to hillary clinton and interview her. she is probably the final interview they are doing. they clearly are going to be looking for answers to key questions. her answers will help determine the final outcome. >> we have a lot of our viewers ask about the steps in the investigation and why it takes so long. obviously, it is very secretive. we do know that when it does
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happen, it does mean they are wrapping up the investigation. can you sort of walk us through that process? maybe people who aren't necessarily familiar with it, what happens at the beginning and how this is wrapped up within this conversation? >> right. obviously, this investigation has stretched over the course of several months. so they have a lot of documents, they have interviewed people who worked for hillary clinton at the state department. this has been a very long drawnout process by its nature to be thorough. so hillary clinton is at the center of this. she is the final interview in this process or one of the final interviews in this process. once they speak with her, we expect there will be a conclusion in the near term to this investigation. >> what will and will not be public after those findings come out? >> we'll see the recommendations and we'll get a determination
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from loretta lynch and we'll go from there. >> you think about it though. we may never know what the fbi found. they pulled out her private e-mail server. they have the physical hard drive that exists. they are going through that. p that famous question from ed henry, the hard drive has been deleted and what the forensic teams have been able to pull off that hard drive, we may never know what those other 30,000 e-mails, we may never know what's in them. it seems meeting with the fbi, to some end is politicaliness. you can't have democratic e takes the fifth. at the same time, it's very difficult because when you walk into one of these meetings with the fbi, you may have done nothing wrong but if you say something a little bit off the truth, even if it's a misremembrance, if you will, to the fbi, that in and of itself is a crime. there is a risk here to her. >> right.
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this is not a no-pressure situation. >> i'm not sure you ever meet with the fbi in a no-pressure situation. if you want to have coffee with the fbi, i would think, you know? >> that sits with the idea she's had this block of time, time off the trail and this weekend. that certainly suggests if the fbi interview is happening, there probably was prep time leading up to this to ensure she does not make a mistake and she doesn't hurt her own cause. >> that is what i was going to ask you, too. there had been some examples of her saying she had an x amount of number of campaign events she wasn't able to meet with with investigators. what type and is there any evidence of her preparing for this meeting? what type of preparation would she experience? >> right. certainly the expectation would be she would prepare for this meeting. i think it would be a matter of just going back through,
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refamiliarizing yourself with the decisions that were made, the timeline, the sequence of events, making sure she knows what is in the e-mails that have been released and all the documents that have come out so she doesn't misremember something, as you note. >> for the sake of discussion but also an important clarification, this could be a multiday interview. this could have been today was prep at her lawyer's office, tomorrow was the interview. we have no idea. when you put the time line together of the toernl talking about these things then you take that out two weeks to the convention, that compresses things. >> unfortunately we want to continue picking your brain but a number of media outlets have been waiting outside hillary clinton's home all morning in washington, d.c. jennifer griffin has been following the campaign and she has the very latest. thank you for joining us.
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>> hi, elizabeth. it's a very confusing situation here outside hillary clinton's d.c. home. just a few minutes ago we saw a convoy that appeared to be carrying secretary clinton. we could not see instid. there were sun shades up in the windows. there was a secret service detail following the suv that pulled into the driveway behind me. there was a lot of activity here. that convoy was assumed to be carrying secretary clinton. just yesterday "the daily caller" reported she was going to be meeting with the fbi today. we have not been able to confirm that because the campaign itself, none of the spokesman will comment on that report. no one is talking about this alleged meeting. the activity outside her d.c. home suggests that something is
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afoot. of course we had that unusual meeting on the tarmac in arizona with bill clinton and attorney general loretta lynch which raised eyebrows. loretta lynch had to address that meeting yesterday from aspen which she said she would accept the findings of the career prosecutors and fbi agents who have been working on this case. there are 140s assigned to this case. again we've seen several top aides to hillary clinton questioned not only by the fbi of late but also by judicial watch. they interviewed patrick kennedy who is the undersecretary of state for management this week as wells clinton's key aide. some of the leaks of those depositions have come out but no real smoking gun in terms of this investigation into how classified information and records were kept as a result of hillary clinton keeping a private e-mail server in her
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home up in chappaqua, new york. >> it's leland here. we've been talking to colleen mccain nelson. she said there is no do-overs in presidential politics. boy, would the clinton campaign love to have a do-over of this week. give us a sense from your sources inside the clinton campaign, how much are they scrambling here? how surprised were they by the bill clinton/lynch meeting monday that blew up in their face? how surprised are they on the timing of a possible interview this weekend? >> the way i would describe it from what i'm object serving as we cover hillary clinton is that they are in a sort of bunker mentality. this should have been a very positive week for hillary clinton. she had -- there were a number of missteps by the trump campaign. they planned to roll out a number of various attack ads against donald trump. unfortunately that meeting in
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arizona between bill clinton and attorney general lynch, even lynch said yesterday if she had it to do over, she would not have met with president clinton on the tarmac. as david axelrod, president obama's former chief strategist said the optics are simply not good. i have a feeling if secretary clinton met with the fbi today, this was something negotiated for some time between her lawyer and the fbi. we had expected she would meet with the fbi. the campaign said up until now she had not been asked to meet with the fbi. typically as this case has wound along, would you expect they would have to talk to secretary clinton. if she did meet with them today, it does seem as though that would be an indication this investigation is winding up. back to you. >> jennifer griffin live outside the clinton's house here in washington. back to you if we get any more
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interviewed this morning by the fbi as it related to her e-mail scandal. this is a criminal investigation. this is a video from outside her home in washington, d.c., a half hour ago the convoy coming back from fbi headquarters arrived at her home. a statement now from spokesman for the campaign. secretary clinton gave a voluntary interview this morning about her e-mail arrangements while she was secretary. she is pleased to have had the opportunity to assist the department of justice in bringing this review to a conclusion. out of respect for the investigative process, she will not comment further on her interview. of course there are going to be a lot of people taking that statement apart, most notably perhaps this issue of quote/unquote this review. we remember hillary clinton for so long has called this a security review. we know james comey, head of the
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fbi, said the fbi does not conduct security reviews, they conduct criminal investigations. pictures of mrs. clinton during her time as secretary of state where we now know she was using that blackberry she has in her hand not connected to a state department e-mail server but her home server. we know the fbi recovered the hard drive from hillary clinton's private e-mails. what they got off that, we don't know. the big questions are what happened inside this meeting, what does the fbi know, what did mrs. clinton say? >> what are we going to learn from it? >> did she take the fifth amendment during that meeting? we are in so many ways in unchartered waters two weeks before the democratic national convention. >> we've been following this for quite some time. we knew the interview was going
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to be the end of the investigation we would hear a conclusion from the fbi at that time. we didn't necessarily know when the interviews would take place. mrs. clinton didn't have any campaign events this weekend. she had been pushing off the possibility, though she volunteered to meet with investigators. it's certainly a moment we had been waiting for. jennifer gingrich is live outside hillary clinton's home in washington, d.c. you just heard the news. obviously, you were notified from the campaign. i want your reaction and what activity you're seeing there at the home. >> elizabeth, what we can confirm is that she did meet with the fbi at fbi headquarters in washington, d.c. this morning. the meeting lasted about 3 1/2 hours. we are seeing her convoy leaving the residence followed by the secret service. i saw a silhouette of what may
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have been secretary clinton sitting in the right hand rear seat of that vehicle. we received a statement from the campaign saying, "secretary clinton gave a voluntary interview this morning about her e-mail arrangements while secretary. she is pleased to have had the opportunity to assist the department of justice in bringing this review to a conclusion. out of respect for the investigative process, she will not comment further on her interview." that is from the spokesman of secretary clinton. we just received it a few minutes ago. the activity at the house suggests secretary clinton has now left the residence. it's not clear if she will head back to chappaqua, new york. >> jennifer griffin, thank you very much. >> we'll work on her microphone to bring her back for insight. it's interesting when you take apart this statement from the campaign. this has been the whole issue as she responded to these
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accusations about her e-mail server. so carefully worded is the statement. as though hillary clinton is not the subject of this investigation. we are learning from the fbi and others that the fbi conducts only criminal investigations. she would be the target of that criminal investigation. we'll bring in the former assistant of the fbi. it's not only the process but what happened inside these interviews. there was a lot of speculation james comey himself might have been the one to conduct this interview. goes without saying that would be unusual, to say the least. >> i want to bring in steve moore, senior economic advisor to trump. we saw and as leland mentioned, the carefully worded statement, security review not criminal investigation. i want to get your reaction and of course let our viewers know you are working with the trump
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campaign. >> sure. i think this is a scandal that just won't go away for hillary. she thought this was going to be the end of the process. with the news that's come out this week and even today about the fbi interview, it looks like this is the beginning stages of this. what's on the mood of so many voters is that the word you haven't spoken which is indictment, whether she will be indicted over these charges. that would throw a wrench in this whole campaign, wouldn't it? it's interesting hillary has been so mum about this. she tried to trivialize this whole scandal from the beginning. if you look at the inspector general report that came out a few weeks ago, she basically did not cooperate with dij. this makes her look guilty to me. >> can you give us insight behind the scenes of the trump campaign. you used the word indictment, but obviously campaigns need to
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prepare for all scenarios. if there is an indictment, on the other hand if charges are dropped or the outcome is opposite of that, what is going on behind the scenes can you tell us to prepare for all scenarios? >> i work on economics with mr. trump, not this issue. there are so many different possible outcomes here. what happens if she does get indicted? i have no idea whether that is going to happen. it is looking more probable than it was a week ago. what happens to the democratic convention? can she run for president if indicted? s these are all questions no one knows the answer to right now. >> steve, leland here. when you think about the messaging coming out of the trump campaign the past month, we hear the words "crooked hillary." that seems to be donald trump's nickname, putting something out on twit their caused controversy about that as well.
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yet that messaging hasn't seemed to work in the polls. over the past month if you look at the averages, donald trump's gone down by four, five, six points in the horse race poll. why is the american public not responding to what you're talking about right now? >> i disagree with you a little bit. there is no question donald trump had a really bad two or three weeks there a few weeks ago. no question about it. he dropped a lot in the polls. remember the mexico judge comment which hurt him. i think in the last two weeks he's made a gigantic comeback. that speech he gave about a week ago where he aggressively went after hillary as crooked hillary and went through point by point by point all the scandals that have been associated with hillary. you look at this week. can you imagine a candidate having a worst week? you have the benghazi report come out and now the e-mail scandal seems to be escalating. i think there's been a good week
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for donald trump's campaign. i think this right now is a toss-up election. >> unquestionably it's been a bad week for the clinton campaign which sometimes in politics ends up being better for you. what do you make of the fact for the next two weeks for clinton is going to have to not only answer questions about what she answered to the fbi, she has to be talking about the e-mail scandal, having to talk about clinton, meaning her husband meeting with the attorney general, something that is cheerily didn't work out as planned. how does donald trump capitalize to take the wind out of her sails going into the dnc? >> the biggest problem, and when you tie all this stuff together in terms of how this affects the election, there is that trust issue. if you look at those polls, there are two problems hillary has right now. she is way behind donald trump
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on the economy, and on the trust issue you see a trust deficit with hillary. all these scandals and what happened this week reenforces the trump campaign message which is she is not trustworthy. the clintons seem to be one half step ahead of the law. again, this has been a terrible week for her, whether she can recover is very questionable. especially given whthat meeting with bill clinton and loretta lynch. all this looks like a big cover-up. >> whether it looks like a cover-up, i'll leave to you. everybody would like the do over that does not happen in presidential politics. mr. trump learned that a few weeks ago. stand by for us, sir. we'll bring you back in later. i want to bring in jennifer griffin. leland brought up a good point about messaging and crooked hillary, that label he put on his democratic opponent.
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jennifer, i want to ask you a little bit. you touched on it earlier in the show about what the campaign was planning for and obviously the huge detour they had to take this week, and what you can expect from the week ahead regardless of any outcome we may or may not learn within the next 24 hours. >> there's been a great deal of fact checking of donald trump's statements and prior actions by the campaign. they released a flurry of those e-mails. what is expected is secretary clinton on tuesday will be campaigning with president obama for the first time in north carolina. that is a key moment in the campaign. president obama was going to campaign with her in wisconsin, then you remember the orlando shooting occurred and they had to cancel that. the fact almost exactly a week after there was that questionable meeting of bill
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clinton and attorney general loretta lynch on the tarmac in arizona, the president is essentially coming out and will stand side by side with hillary clinton tuesday and campaign there. we know on friday vice president biden will campaign with her in scranton, pennsylvania. they really wanted to get this over with so they could move on in preparation for the convention. that's what we see happening. i think a couple of things that are notable because i was looking back at some of the history to hillary clinton's e-mail server and what some of the regulations are, the laws are that she would have broken and why the fbi might be investigating her. we only learned about this e-mail server in march of 2015. this e-mail server was set up on the very day she was being confirmed in january 2009, when she was being confirmed as secretary of state after president barack obama was elected. later that year in december of
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2009, barack obama as president issued an executive order, basically saying classified information and record-keeping had to be done in a certain way. basically strengthening those regulations. all the laws that potentially were broken are under u.s. code 18. that's what the fbi would have been asking her about in that 3 1/2 hour interview today at fbi headquarters. news develops.ffin, we'll come wouldn't you have liked to have been a fly on the wall for those 3 1/2 hours assassinatingly enough, you don't have to answer all the questions. you can go with your lawyer to meet with the fbi. you would have to assume, though we are not positive, hillary clinton has a plethora of lawyers with her. has the money to hire them. and she would sit there and answer some of the questions, doesn't have to answer all the
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questions. joining us on the phone, foreman federal prosecutor doug burns. we'll get to him in a minute. you want to figure out how adversarial these interviews get. we know as much as we focused on the e-mail server and that scandal, there is reporting this fbi investigation not only expanded to include why the server was set up what classified information may or may not have been compromised, but a look at the clinton foundation headed by william jefferson clinton and money moving in and out of that led to public corruption. >> that was one of the things folks were so frustrated about, he was part of the investigation as well. you brought up a good point when
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you mentioned the 3 1/2 hours that took place today. what are we going to learn from those meetings? you mentioned there are tens of thousands of e-mails that are in custody, if you will, they are in possession of the fbi. will we with be privy to what is in those e-mails? perhaps this is information you want to be made aware of. >> 50,000 plus e-mails on hillary clinton's private server. she turned over 20,000 of them to the state department. she also deleted 20,000 plus e-mails from the server itself and wiped the server, tried to erase the hard drive. how many of the other e-mails were agents able to recover using very sophisticated computer forensics the fbi are best in the world at is to be
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determined. we don't know that. the fbi does. when hillary clinton was in that meeting today for 3 1/2 hours, she may not have known what of those other 20,000 e-mails the fbi had recovered. so you're going in there blind. >> colleen mentioned that earlier today. we talked about bill clinton with her on the campaign trail. initially he had been rolled out, a huge asset, obviously the former president beings very jovial character. now it's shifting whether or not he could be a liability on the campaign trail. >> certainly his decision-making this week is being called into question. >> a a lawyer you would know what's right or wrong. >> law 101, would you not meet with the prosecutor investigating your wife. you have to live with the fallout of it. you don't know if that meeting did not occur, if she could have
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done things behind the scenes, now she is going to accept the findings of the fbi and what they call the career prosecutors at the department of justice less influenced by political appointees. doug burns is on the phone with us. >> how are you? >> doing well today. if you were a federal prosecutor, would you have wanted to be in that room at fbi headquarters? >> absolutely. you guys hit it on the head. that decision to meet with the prosecutor who is investigating your wife and you're an ostensible witness. the more i think about it, i think bill clinton may have been the aggressor walking on to the plane. i'm defending loretta lynch a little bit, but i think she knows it's law 101, 102 and 103,
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obviously, to not create that type of appearance of impropriety. go today, here we are saturday of fourth of july weekend, right? that's when she is going to meet with the fbi? it's amazing. >> give as sense. this thing doesn't happen in a couple of days. i doubt this was planned monday or tuesday she would do this interview fourth of july weekend. it's a holiday weekend. there are folks at the beach. it ends up out of the news cycle by tuesday when everybody comes back and starts paying attention before the convention. take is through the basics. hillary clinton and her lawyers walk into a room at fbi headquarters, what's it look like, what happened? >> excellent question. basically that is a proffer session. she goes in, everybody walks in. probably a number of government meet. a, that's always practically the
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case, b, intimidation, maybe eight, nine agents there, pleasantries are exchanged. the prosecutors with deference because it is a little different. i know you know all these rules however it behooves us to go through them. you can call a time-out and confer with your lawyers privately or we can tep step out of the room. things like that. they start going into questions about the events. it's hard to say how long that particular meeting will be. i would say two, three, four hours. >> it was 3 1/2 hours. >> she can end it any time. she can say i want to take the fifth amendment on that issue? >> yeah. that's a really good point. let me just explain that. >> i have to bring you back after the break or later in the show. we only have about 15 seconds. >> she want shut it down any time. she is not required to speak to them.
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>> excellent point. she made a big point about that in she keeps saying, i'm willing to talk to show her openness. >> doug schoen, please stay with us. more after the break.
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and you're like, i don't want to speak. they have the alternative showing a subpoena obviously for her which would require her to appear before a grand jury. very often what happens is that grand jury subpoena is issued to somebody and lawyers will weigh in with prosecutors at a meeting. i'm not suggesting that necessarily happened here. she can take a time-out, a break any time, confer with her lawyers and tell them she is uncomfortable with a particular question or line of inquiry they are going down. that's the way these meetings go. i can tell you that's probably not the case. probably not all that many time-outs and that type of thing. she wouldn't necessarily assert any fifth amendment or shut down the meeting early. it was a straight 3 1/2 hour meeting. i'm theorizing. basically they went over a lot of the facts and the specific questions they developed by virtu of all the time they spent, resources and things they
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looked at. i know from the inside of investigation that forces or causes them to crystallize specific questions they are very curious about. and by the way, many of the inconsistencies where they say she had indicated this, now it appears it's the opposite. the thing with her aide. >> we speculated there are thousands of e-mails brought up in that conversation. it's hard for us to remember what we had for breakfast. thank you for joining us. please stand by in case we need you later on in the show. >> my pleasure. thank you. the clinton campaign putting out a statement about today's meeting between the fbi and
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hillary clinton saying it was a review. we know the fbi conducts, not reviews criminal investigations. steve pomerantz conducted a lot of them. after the break. you're here to buy a car.
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fox news alert as we continue to cover the breaking
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news out of washington. hillary clinton, the presumptive democratic nominee, meeting with the fbi for 3 1/2 hours today at fbi headquarters. at issue, her private e-mail server that we now know had significant amounts of classified information on it. the campaign putting out a statement saying she, meaning secretary clinton, is pleased at the opportunity to assist the department of justice in bringing this review to a conclusion, end quote. we now know from the fbi director among others that the fbi does not conduct security reviews. they conduct criminal investigations. one of the first people to make that point on television former fbi assistant director steve pomerantz who joins us now in studio. steve, nice toyou. thankfully neither of us have ever had an fbi investigation, interrogation, or interview. give us a sense and probably most of our viewers probably haven't either. give us a sense of what it's
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like at fbi headquarters at 8:00 a.m. this morning when hillary clinton walks in the door. >> okay. i think the first thing to remember is this is not a picnic. this is an adversarial process. she is the main subject, we believe, with good reason, of a criminal investigation here. you're exactly right. they can call it whatever they will. it's a criminal investigation. she is the main subject of that investigation. and this interview, interrogation, if you will, is the culmination of that lengthy investigation. they, the agents who are conduct this interview, have prepared for weeks, if not months, and have a list of questions, very long to ask her. it's an adversarial process. they're looking for information. they're looking for the truth. and they're looking to get the questions answered that they have. so this is what's going on at fbi headquarters and has gone on for 3 1/2 hours. it's a difficult process. these agent, excuse the terminology, but they want to sweat her, they want to get her
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under pressure and they want to get answers to tough questions that they have. this is not a pleasant process for her. >> a, can you answer this question. did she have to be in the room? did she have to talk to federal agents today? and b, what type of representation is there with her? meaning, you know, so often when we look at -- this is apples to oranges, up on the hill and she has a panel of lawmakers so she's getting hit with all sides. is there a panel of fbi agents? what type of environment is she in? >> that of course i can't know in this case. in a normal criminal investigation, which is anything but i realize, you would have one agent, probably two. >> good cop, bad cop. >> well, sometimes helping each other remember what questions they want to seek, one's taking notes. it's always better to have two. in an ideal situation there would be an ideal situation from an fbi's agent's perspective, no lawyers on in the room. certainly they don't need help, in my opinion, from government
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lawyers although sometimes the justice department has a different opinion and they put somebody in the room. they certainly don't want her attorney in the room. >> she didn't have to be there? >> you're right. i need to answer your questions directly. a, she did not have to be there. nobody has to be unless they're arrested in the company of the phi fbi. she's there. we've heard the expression lawyering 101. what every second day lawyer will tell any criminal defendant is don't talk to the cops. you don't have to do it. don't do it. she's there. i'm sure if she was not run for office and was going to retire and raise her grandchildren, she wouldn't be there. but she has to be from a political perspective. she has to be there. >> we've seen it before though, she didn't talk to the state department inspector general. >> exactly. >> big key point the clinton folks have overlooked. we look back at other investigations in the clinton, they lawyered up as much as they probably could and obstructed as much as they could. this was a political decision in
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terms of being in that room. >> correct. >> we know about the e-mail server. we don't know how many of the deleted e-mails that the fbi has recovered. but conceivably the fbi agents know what's in their cards. hillary clinton may not know and that comes in the issue of -- if you're going to meet with the fbi you've got to tell the truth. >> tell the truth. the worst thing that she can do from her own perspective and from her attorney's perspective is to lie to them. that's the worst. we talked about other cases where people have gone to jail, not for the underlying offenses that were under investigation necessarily but because of the way they conducted themselves during the investigation. either on instructing, witness a tampering or lying. she may think she knows but she does not know the totality, nor does her lawyer, the totality of the information that the fbi agents have now in terms of the
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months' long investigation they've done. this is not a pleasant experience for her. has not been, i assure you. >> steve, we know you were on the other said of a number of those investigations. we appreciate you being here with us. thank you, sir. >> you're welcome. we are restarting now, welcome to the second hour of america's election headquarter where's you're watching a historical day in u.s. politics. the presumptive democratic nominee meeting with the fbi in washington, d.c. for a little over three hours. our own jennifer griffin is live outside of hillary clinton's home in washington, d.c. with the very latest. hi, jennifer. >> good morning, elizabeth. we've been here most of the morning. actually standing outside hillary clinton's d.c. house, residence. she has left the residence. she left about -- within the last hour. she met, as you mentioned, with the fbi at fbi headquarters. her aides say it was voluntary.
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the meeting lasted 3 1/2 hours we're told. just a few moments ago her former -- her former top aide and chief of staff, cheryl mills, left the residence behind us. that's of note because cheryl mills herself has had to talk to the fbi about this private e-mail server and so obviously hillary clinton and cheryl mills still discussing the -- what they told the fbi and what they -- how to move forward from today. the clinton campaign would like to put this day behind them. they had been expecting that hillary clinton would be called by the fbi as part of this investigation. again, nick merrill, her spokesman said this was voluntary. i'll read from a statement they issued. secretary clinton gave a voluntary interview this morning about her e-mail arrangements while she was secretary. she is pleased to have had the opportunity to assist the department of justice in bringing this review to a
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conclusion. out of respect for the investigative process she will not comment further on her interview. so very interesting. all day yesterday aides would not confirm that she was meeting with fbi despite the daily caller report that broke the story yesterday that she would be meeting with the fbi here in washington. >> jennifer, we hear so much the clinton campaign using the term security review and review in that statement. any evidence that the campaign obviously is taking this as seriously as they need to be? >> well, i think certainly everyone is taking it seriously. whenever the fbi is involved you have to take it seriously. certainly inconvenient this week the optics of that meeting between hillary clinton's husband bill clinton and the attorney general loretta lynch force that meeting, of course, took place on the tarmac -- it was a spontaneous meeting on the tarmac in phoenix, arizona, and forced the attorney general to
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make a statement yesterday at a festival in colorado saying that she would accept the recommendations of the career officers in the justice department as well as the fbi. one would expect her to accept their recommendation, so she did not recuse herself from that -- from the case. so she still is involved in the case. but of course, again, the optics of her meeting with bill clinton at a time when not only hillary clinton but also bill clinton might be called as a witness in this investigation. >> a lot of folks making the real point here about loretta lynch's comment that she left a little bit of daylight there in the sense that not only could she say, hey, i have nothing to do with this if the fbi clears her, but there's enough wiggle room in the statements that she made and what we got off the record from the justice department officials that she could still overrule the fbi if she wanted to. jen, give us a sense of how you're feeling the clinton campaign is reacting to all of
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this? are they -- have they been expecting this and rolling this out and feel like they're in control or are they in panic mode, are they in bunker mentality? give us a sense of what's happening behind the scenes. >> no, i would not say that they are in panic mode. i would say that there is a bet of a bunker mentality as evidenced by the fact that nobody would respond to our e-mails or calls yesterday when the story broke that clinton would be here in washington meeting with the fbi. i would say that the campaign is calm about this. they expected this to be a part of the investigation and that most likely what this indicates is that the investigation is winding down because usually you would interview the principle of the investigation, hillary clinton in this case, at the end of the investigation. so 3 1/2 hours is quite a long time, however, to be sitting with the fbi and one of the problems with that, as lawyers like our own greta vhas told me
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that you can trip yourself up. 3 1/2 hours of talking to the fbi when you're feeling the heat, if you lie under oath, that's a problem. so 3 1/2 hours is notable. and -- but the campaign was expecting that she would meet with the fbi. this was voluntary, as her spokesman said. i think what they hope is that they can wrap this up before the convention starts. what they hope is that it will not overshadow the campaign that she and president obama will be doing on tuesday on north carolina. that will be their first campaign experience and then of course vice president biden later in the week. >> we'll see if the headlines they want out of the campaign appearances with president obama are enough. jennifer griffin live outside hillary clinton's house. mrs. clinton has already left destination unknown by us at least. although we haven't known much about her movements over the last couple of days and maybe
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the next couple of days as she is off until tuesday. >> let's bring in steve pomerantz because jennifer griffin gave us the per expect segue. 3 1/2 hours is a very long time. what could have gone right and what could have gone wrong in that meeting? >> again, none of us were there so you have to do a little bit of speculation but that was a good synopsis. that's a long time. it's a long time to sit and answer questions. i would presume there were no long breaks. again. that's a presumption. that's a very long time to sit and answer questions. i'm certain she took a drink or maybe went to the bathroom. >> are these videotaped? >> i would think, yes. not 100% of the time but i would be very surprised if this was -- i would be amazed if it was not. >> a record, a transcript? >> not for the record. this is not a deposition. >> she's not under oath. >> no, she is not under oath. that's a slight correction but only slight because there is a
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specific statute which makes it a criminal offense to lie to the fbi. so you sdondon't have to be und oath to be prosecuted for lying to them. there are certain times when people are placed under oath but this would not fit any of the circumstances that i'm aware of. so she wasn't under oath but doesn't matter, she lies, she's prosecutable. >> if that is videotaped that is the hottest tape in washington right now. >> we talk a lot about -- >> this tape just being turned around from outside hillary clinton's house. that is cheryl mills who left hillary clinton's house about 20 minutes or so ago. former chief of staff to mrs. clinton. a key witness in this e-mail investigation. steve, what do you make of the fact that a key witness in the e-mail investigation who conceivably has talked to the fbi as well is now walking out of mrs. clinton's house just a little while after mrs. clinton left after coming -- from her meeting with the fbi? >> you got to think though as a
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comparison made about the two interviews. a lot of talking, what did you say, how did you answer that question, here's how i answered that question. and hopefully there's no daylight between those answers. i'm sure that's the kind of conversation that took place. >> and we talk to much about speculation it sort of brings me to my next question. we talk about what cheryl mills could or could have not said when she obviously met with investigators. when the public is sort of, you know, champing at the bit, there are voters. we're all voters, we want to know perhaps what happened this morning. can you give me an estimation of how long we can see a conclusion and also what will we see in that conclusion? >> that's a very good question. i heard leland earlier talk about the e-mails and what's going to happen. whether they will be made public. again, this is a criminal investigation. so all this is evidence and there are very strict rules in the process of how you handle evidence. there's a -- of course anything
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if there is a trial or any kind of criminal process then, of course, it's public. if there's not, in my experience, whatever evidence you've acquired goes back to the person or institutions you acquired them from and you don't make it public. >> we may -- >> nothing about this is going to be routine. >> we may never learn about hillary clinton's yoga classes and her daughter's wedding she was so careful to protect on that e-mail server. stand by, steve. great insights. thank you. now for the political side of this kevin, bloomberg politics reporter who has been following the trump campaign spoke with some trump officials in the past couple of minutes. kevin, you're with us. >> thank you for having me. yes, official campaign statement is being written as we speak. but i've spoken with trump world insider and what i've learned is that they're viewing this as another example of trying to strike a character contrast with hillary clinton and they view everything and all of the
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developments that we have watched unfold in the past several days from that meeting on monday with bill clinton and loretta lynch and now, of course, a 3 1/2-hour meeting with the fbi. they are watching this play out. yesterday in denver donald trump himself poking fun of the reported meeting between former president clinton and loretta lynch. so clearly they are watching this closely. they view polls tightening and they think this is good for their campaigns. >> you know the one thing in politics and it's an old rule and that is if your opponent is getting ready to jump off a cliff, don't get in their way. if they're having a bad week, don't send them a life preserver in the form of screwing up yourself. what is the trump sort of logic here? what is their strategy going forward? are they going to just let hillary clinton try to hang in the wind with this fbi news out there? are they going to try and come out and aggressively message it? we saw him on twitter this morning. that seemed to not go over so
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well. >> you know, if this was the primary season i would tell you that i would expect the trump campaign to just hammer this full force. as you alluded to we have certainly seen a shift in tone somewhat from this new general election donald trump campaign. so i think that what you're seeing is a newly implemented rapid response strategy in full conjunction with the republican national committee. they have been pushing out messaging daily. but i also think what you're seeing is a campaign that has come to realize that if you look at independent voters, if you look at general election polling, both donald trump and hillary clinton have extremely low favorability ratings. and so for many independent voters this becomes a decision in november based on things like trustworthiness, on who can handle terrorism, and who can handle the economy. all areas that the trump campaign feels confident that they can win in november. and this bolsters their case. >> that's what i was going to ask you, because we talk about
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these two candidates and one of things we refer to when we look at the polls is that they both do have high unfavorability. >> historically. >> when he tries to hit her on issues like this as he's focusing on the independent, how does he use this to his advantage? >> great question. you know, he has campaigned in suburban pittsburgh three times this year alone. and so i think what we're starting to see is the trump campaign that is focusing much more on the grass roots state level, state campaign races, than they are essentially with the more national free media that we saw him utilize during the primary. you know, he's been doing a lot more local radio, for example. he's been trying to communicate specifically more with target audiences and getting his message directly to them as opposed to sort of the more bombastic type of strategy we saw earlier. look, i'm not saying that donald trump is going to be soft-spoken between now and november. what i am saying is that they're
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watching this clinton controversy very carefully and they're watching it play out before striking back. >> who is in charge? paul manford or donald trump continuing to control his messaging as he's says he's his own best adviser? >> donald trump is in charge of his campaign. no question that he is still calling the shots. in terms of who is managing day to day -- >> i'm going to interrupt you on one thing. any continengency planning you' hearing inside the trump campaign if hillary clinton is indict and you get a switch with a joe biden or something like that coming in, have they begun to think about that or are they not there yet? >> my reporting has not led me to believe that they are anywhere near that. they are fully prepared to go against hillary clinton. >> certainly seems as though they would like to go against, especially after the week that hillary clinton has had. kevin cirilli, bloomberg politic on the trail with the trump campaign. appreciate your insight.
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we'l that statement from the trump campaign you told us was coming. trump has not tweeted in the past couple of hours. thanks, kevin. >> thank you. >> all right. liz? >> i suspect we will see that. after the break, we've got the latest details on the terror attack in bangladesh which claimed the lives of students attending colleges here in the u.s. as well as one u.s. citizen. you don't let anything keep you sidelined.
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a fox news alert as we now know a u.s. citizen and students attending u.s. universities were among the 20 killed in the isis terror attack in bangladesh. two students attended emory university, georgia, a third student attended the university of california in berkeley. katie logan following the latest from our bureau over seas in london. hi. >> hi, well, the attack happened in a busy cafe in dhaka which is popular with foreigners and wealthy bangladeshis. it seems these people were the targets. the white house has confirmed that sadly one u.s. citizen was amongst the dead. it's believed that three of the victims were studying in the
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u.s. now on friday evening around 35 hostages were taken in the cafe. finally after a ten-hour standoff over 100 police stormed the building in a hail of gunfire at dawn. six gunmen were killed. one arrested. but by the time police intervened many hostages were apparently already dead. reports indicate that foreign hostages had been executed first. the state department has released a statement condemning the attack, calling it a despicable act of terrorism. it says it's offering assistance to the baengladeshi for the r authorities and the italian confirmed nine italians are among the dead, one is missing. japanese officials say seven of its citizens were killed. 13 hostages were rescued. isis has claimed responsibility for this attack saying it targeted citizens of what it calls crusader countries although that claim is yet to be
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verified. and bangladesh's prime minister has pleaded with islamic extremists to stop killing in the name of religion. she also announced two days of mourning and as that process begins, questions are also being asked as to why security services didn't act sooner and more effectively because, leland, this is not the first time isis has attacked in bangladesh. it's by far the worst attack but it does indicate that extremists in this country are becoming more escalating their tactics and there's great concern about the rise of isis across the region and worldwide. >> worldwide, especially now during ramadan as that comes to a close. kitty logan live in london. we just heard from the white house about the terror attack in bangladesh. a statement says the white house condemns the attacks and offers condolences to the families of the victims as we now know there was at least one u.s. citizen
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killed. the white house goes on to pledge solidarity with bangladesh in condemning acts of terror. all right. switching gears. as many as 43 million americans are expected to travel for the fourth of july weekend, according to aaa, with many of those taking to the skies. in the wake of the terror attacks airports across the country are tightening security to keep travellers safe. our own garrett is here with more. >> liz, we've seen in poll after poll across the country that two of the top concerns for folks continue to be national security and terrorism. that's especially true after the recent attacks at the airport in istanbul and yesterday in bangladesh. those concerns are not keeping americans inside this fourth of july weekend. aaa projects this fourth of july weekend will be the most traveled on record. 43 million people are expected to hit the road, air, and trains over the next few days. with that many folks in transit and will w. the ever growing
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threat of terrorism security officials across the country are beefing up their presence at airports and transit hubs. some of that will be visible like canine units and heavily armed officers. other security enhancements though we won't see. this week at a senate hearing homeland security secretary jeh johnson said the public should not be concerned about attacks over the holiday weekend but if they see something suspicious, say something. >> we continue to encourage the public to travel, to associate, to celebrate the holidays, to celebrate the july 4th holiday, continue to go to public events but be aware and be vigilant. >> reporter: even on a local level police departments across the country are making some changes to security plans for parades and celebrations on monday. that's especially true here in d.c. which puts on one of the nation's largest celebrations. >> there has been some small changes but we have a pretty tight security plan for the fourth of july with our
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partners, so it's nothing significant and nothing that should change the ability of people to come here and feel safe and still celebrate. >> reporter: the message is go out and enjoy yourself but, as always, if you see something that does not look right, say something. >> all right, garrett tenney, thank you so much. so joining us now with more on what security measures are already in place at airports nationwide former assistant homeland security secretary douglas smith. i want to play a sound bite for you and get your reaction. it was from cia director john brennen earlier in the week. take a listen. >> i think there's a variety of reasons. first when individuals are committed to carry out these attacks, so-called suicide attacks that kill and maim so many people they don't have to worry about ann escape route. what they do is then just make sure they're able to penetrate whatever sort of perimeter defense there might be and in a
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lot of these civilian areas there is no perimeter defense. >> for context there you heard the cia director john brennen saying she's attackers are going in without an exit plan. they have really nothing to lose and think go in there just for mass casualties. how do you protect against that enemy? >> i think it's a real challenge. i think the dci is spot on on that. when someone is willing to die it makes it a whole lot easier. our intelligence yun service, law enforcement state and local, have learned a tremendous amount since 9/11 and created security plans. it's not waiting what you see at the airports, at a tsa checkpoint, they extend far out. i was on a briefing call yesterday with tsa that linked in to airports across the country and it was impressive to hear all the local authorities, airport authorities, tsa, custom, all agencies working together, thinking through these in realtime. how do expand that perimeter as far out as you possibly can.
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your earlier piece is right. you see a lot of visible things but for every one thing you see visibly can tell you there are ten or 12 things happening behind the scene the traveling public will never seen. >> i want to expand on a point you brought up. you were on that phone call yesterday and you developed a tsa in response to the 9/11 terrorism attacks. but we know that there have been a number of reports that not one but dozens of tsa airports have failed security tests when those tests did take place. there's been a lot of scrutiny with the tsa. how do you instill confidence in the travelers this weekend and how do you adjust the threats? after 9/11 a lot of the threats were taking place onboard airplanes and now we're seeing them long before the security check points? >> let me start with the second one first. one of the great things post 9/11 is how all of our agencies are working together. working out of dhs with the fbi, with the cia, they're constantly push that threat assessment further and further out to get earlier warnings. while the threat posten 9/11
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very much was the taking of the aircraft, it has evolved. they are looking at open areas. i'm here in new york today, walk down the streets of new york you see what nypd is doing for a forceful presence to keep people safe. that's the really important take away from this. that it's not a stagnant plan. the plan changes constantly. even within the airports. when i was at dhs any given time during the day the agency could at any given moment change what their threat protocol was, what to look for, while the tsa did have some bumps this spring, i give jek tear johnson credit. he got out there very quickly. began to immediately address what some of the challenges we're. pushed more canine units out. enhanced the training. but it's a shared responsibility. dhs takes it seriously but we need congress to take part in that as well. general public as you heard in your earlier piece, if you see something, say something. it's with that layered approach the traveling public can feel safe, they can get on an
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aircraft this weekend with a certainty they're going to get to see their loved ones in a safe and efficient way. >> all right. thank you so much for joining us, douglas smith. and for all of our travelers, if you see something, say something, even if you feel like you're overreacting. >> thank you. a fox news alert as we continue to follow the breaking news out of washington, d.c. hillary clinton meeting with the fbi today in their criminal investigation into her e-mail server continues. she left her home in northwest d.c. about an hour or so ago. and that's where we find our jennifer griin outside mrs. clinton's house. hi, jen. >> leland, i'm outside hillary clinton's home in washington, d.c. she met with the fbi at fbi headquarters for 3 1/2 hours. we'll have all the details coming up. many people clean their dentures
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m. fox news alert as we continue to uncover an unpress debted day in american politics. presumptive democratic nominee for president hillary clinton just got done with a 3 1/2 hour interview by the fbi as they continue their criminal investigation into her private e-mail server. and if it contained classified data. this wraps up what you might say is a pretty bad week for the clinton campaign. it began on monday with a meeting between bill clinton and attorney general loretta lynch on her private airplane in phoenix's airport, that cascaded into a couple of bad day of publicity and now news of this fbi interview. the fbi interview happened here in washington. hillary clinton left her house this morning about 8:00 a.m. and arrived back at her home a little before noon. and we now go live outside her house where jennifer griffin is standing by with what her campaign is saying about this. good afternoon, jennifer.
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>> good afternoon, leland. remember, the week started in cincinnati, ohio, for hillary clinton. that was the first time she was campaigning, seen on the same stage as elizabeth warren. it was largely seen as an audition for her to be a potential vice president. she's being vetted to be clinton's vice president. that seems like a long time ago from today. the last 24 hours the campaign has gone silent. would not respond to e-mails about requests when the news started breaking yesterday, early yesterday that hillary clinton would be meeting with the fbi here in washington. we never could get that confirmed. we finally received a statement from her spokesman nick merrill when secretary clinton arrived at her home behind us sometime around 12:20 today, and that was after that 3 1/2-hour meeting with the fbi at headquarters. her spokesman nick merrill says it was a voluntary meeting but 3 1/2 hours a quite a long time to meet with the fbi.
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also of note, leland, cheryl mills, her former chief of staff, was seen coming out of hillary clinton's residence here in washington just a little while ago. we saw her carrying two bags and getting into a taxi. what's notable is that cheryl mills has no formal role in hillary clinton's campaign. she has no role in the campaign, but she was chief of staff and she has been interviewed by the fbi about her knowledge of the private e-mail server and how classified and sensitive information was handled and how records were handled by the clinton -- when she was -- by secretary clinton when she was secretary of state. it is notable to see cheryl mills in the mix. she was here the day that elizabeth warren had her first meeting here in the residence behind us. so a lot going on this week. this is not what the campaign wanted to be talking about. they wanted to be focusing on elizabeth warren coming out for clinton. they also wanted to be focusing
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on donald trump and they had pulled out many, many -- put out many e-mails at the end of this week talking about donald trump's products, ties and shirts made overseas. they wanted to talk about trade. but unfortunately today all the news is about this meeting with the fbi. >> you can imagine that's going to be the news for the next couple of days at least until hillary clinton goes and campaigns with president obama on tuesday. jennifer griffin live outside mrs. clinton's house. back to jen as news warrants. >> to break this all down, the breaking news of the day as well as the fallout after attorney general loretto lynch had an impromptu meeting, angela, a fox news contributor, and mark levine, radio show host and democratic member of the virginia house of delegates. thank you for joining us. certainly we have a lot to talk about. mark, i want to start with you. we just heard from jennifer griffin. she was talking about how the clinton team certainly wanted to talk about something else other than the meet that bill clinton had with loretta lynch and
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obviously the 3 1/2 hours of interrogation the democratic presumptive nominee had to undergo today. >> i'm glad it took place. i'm glad we are getting it over. she testified for. over 11 hours at benghazi and they found nothing. 3 1/2 hours, the fbi, there's no there there. there's nothing here. it's interesting article in politico by a to tphotographer took a picture of ronald spears who said i disposed more top secret information than hillary clinton. on his desk was a national intelligence daily which is above top secret. >> not about the nominee? >> you know what happened to him? >> i released more top secret information than the former secretary of state? >> and what happened to this guy is he got a letter from the state department saying you really shouldn't do that. please do better. that was it. no criminal investigation. he got a letter in his file. please don't do that. >> mark, it's sad that we're discussing this. she met with the civil rights
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organization rainbow push and you had blacks that were divided on hillary. you had some folks who just wanted to stay at home. i think she did very well in her speech there. but this puts a damper on all of it because folks think -- they don't trust her. >> this is fair game for everyone. how does she change the narrative? leland and i were talking earlier and the statement said security review and review. so they're trying to stay on top of the message, they're trying to be one step ahead. but how do you keep doing that? all the headlines are going to say -- >> by staying on point. she needs to have her own message. when you answer to the press, when she spoke before rainbow push i saw a humble hillary clinton that spoke from the heart. >> i'm not sure i would have ever predicted you to say that. >> humble hillary clinton. it surprised the heck out of me and i was right there on the front row. what up saying is she needs to change the narrative. not the press. >> i think this is the beginning
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of the end of this. everyone realized this wasn't going anywhere. >> mark, you were saying it was the beginning of the end of the election process in the primary back in january and february that lasted until april. that's a long end. >> she won as i predicted. >> let me get to this though. this point, you say it's the beginning of the end, they're going to clear this up. a good friend texted me this noteworthy fact. so far this year hillary clinton has had one interview with the fbi. she has had precisely zero press conferences. >> the reason she's had the interview is because it's finally happening. they waited. i think they took way too long. >> she has had zero press conferences. >> fine. >> does that happen now? >> i think it will. >> i think it just did. >> she's going to get the clear from the fbi. they're going to say there's nothing there. the law requires there to be an intent. no one thinks hillary clinton intended to disclose anything. she made a mistake. colin powell made the same mistake whoa. >> wait. >> i'm not going to let you talk about the brother like that, no. >> your opinion, not your own
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fact. >> colin powell did not have the private mail server in the basement. he had a private e-mail account. >> i don't think so. look, a lot of material is considered classified. none of this has ever been found anything that hillary clinton read that was and frankly a top government official, dirty little secret, they disclose little classified information all the time. >> stop, don't do that. don't make excuses. do not make excuses. she was secretary of state. do not make excuses toer her. that's a problem with liberals. go ahead and tell the truth so we can move on. >> there's nothing here. i think that's what we're going to found out. >> one more jump and we don't have too much time. after the news that we saw this week bill clinton liability on the campaign trail, yes or no? >> i think if he wants to be a liability, yes. i think he can be an asset if he wants to be an asset. >> may be the most popular politician in america sttoday. he will get big crowds in support of his wife.
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>> he got big crowds in 2008 and 2012 as well. >> angela, mark, tharnnks, guys. hillary clinton obviously going to deal with a lot of political fallout over her e-mail server but what are the legal implications of the fbi investigation? we're going to break it down with one defense attorney on what she could be facing. coming up.
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well, we all know hillary clinton spent 3 1/2 hours with fbi investigators today in washington, d.c. it's a meeting that's been weeks in the making as we wait to find out what happened.
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let's talk about what's next. here to shed some lighting e.j., a criminal defense attorney based in atlanta. thank you so much for joining us, sir. we appreciate it. >> thanks for having me. >> some of our viewer, of course, as we wait to find out exactly what the findings, conclusions are, they want to know what is the possibility -- what type of punishment could she be facing? what could happen next? >> well, i think it's important to parse out the politics from the law. >> right. >> if we just look at the law for a second and put the politics aside, there's really two statutes in play. executive order the obama administration has on classified information and separate from that there's the federal records act. the executive order essentially would, if properly analyzed, show that hillary clinton broke the rules. it's a rule, it's a policy, it's not a criminal law, per se. so she could be found as having broke the policy by having a private e-mail server by not
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securing classified information. in terms of the federal records act there's got to be an intense to really leak or distort classified information in such a way that raises to the level of her intentionally breaking the law to disseminate classified information to parties that are not supposed to have it. so that becomes a very difficult thing for the fbi or any prosecutor to prove because even if you show she had her own e-mail server, even if you show she missed e-mails, even if you show she wasn't taking proper pre precautions, it wasn't as though she -- >> that's what i was going to ask, how do you prove intent? >> you're not going to. then you shift to the political reality. the political reality is that no one in the obama administration is going to indict hillary clinton. the fbi director reports to the attorney general who reports to the president. it's a nonstarter. if someone other than hillary
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clinton were to become president, you might have an indictment but i'm not sure it would stick. the best possible outcome would be if hillary actually becomes president, then you might get an independent counsel appointed by congress to investigate her and prosecute her. still going to have a tough time making it stick. it feels and tastes a lot like whitewater from a generation ago. but theoretically if they can prove that she intentionally leaked classified information to parties that she knew did not have that clearance, she could be guilty of a federal felony and face, you know, 20 or more years in prison. it's a serious criminal offense. >> i want to ask you a question because i have heard pundits make analogies and they have said that this case and draw the analogy to general david petraeus, former cia director who pleaded guilty last year to mishandling classified information. do you think that's a fair
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analogy at all? >> you know, that's a really good point. i don't know that it is particularly fair because petraeus actually took pieces of classified information that had active ongoing combat strategies and leaked them to a reporter, to an actual journalist who was doing, you know, a buying griog him who he was having this affair with. >> what i'm understanding is that you are saying that intent could be proven there? >> i think there's more of an intent there because he knows that that's actionable intelligence and he's giving it to someone who is in at least in name, in the press. >> if hillary clinton knew that she had her own server, which she knew perhaps was unprotected -- >> yeah, and i think that there are clearly some advisers she was consulting that she knew did
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not have security clearance. but she was e-mail -- from the e-mails, if you actually sit down and read them, it looks like these asking them questions about strat jid and political advice and not necessarily leaking actionable confidential information. so there may be a distinction there both in terms of the law, substantivity and the intent. it's not as though she, you know, leaked information to the "new york times" and said, hey, i want you tere's watts going on in, you know, on the ground in afghanistan or something like that. so i think there is sort of a difference there. but again, you know, if we're really talking about fairness, maybe the best thing that could happen, if she becomes president, is an independent counsel gets appointed, let that person investigate, let that person use their prosecutorial discretion and decide, do we present this to a grand jury or do we not? >> e. jay, i would pick your brain all day. >> thanks for having me.
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>> thanks. that's the legal side as you take a live look at hillary clinton's house, she arrived back there about two hours ago from 3 1/2 hours with the fbi. she calls it a review. they call it a criminal investigation. more on that when we come back. when you've been making delicious natural cheese for over 100 years like kraft has, you learn a lot about how people cook. i wish i had like four different mexican cheeses but in one super melty cheese. it does exist! you still have two cheese wishes left. this new dog treat called max and dentalife.covered it's really different. see? it's flexible... ...and it has a chewy, porous texture, full of little tiny air pockets that gives dogs' teeth a clean scrub all the way down to the gum line. (vo) introducing purina dentalife. for life.
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and what a two hours it has been on this saturday. you started the day with sort of rumors that hillary clinton had had a bad week and may be meeting with the fbi. we now know that it is all but unprecedented. the democratic presumptive nominee for president has just spent 3 1/2 hours with the fbi in what they have described as a criminal investigation into her mishandling of classified information. >> you talked and spoke with jennifer griffin, the campaign taking a detour, something they weren't planning this week. not only did we have the fallout from bill clinton meeting with attorney general loretta lynch but she had a 3 1/2 meeting with fbi investigators. perhaps a little detour in the campaign. we also expect to hear what we heard from kevin cirilli from the trump campaign later on today, reaction to as you can see there hillary clinton returning to her home earlier today in washington, d.c. >> and there are so many unknown unknowns here in washington including but not limited to exactly what crimes the fbi may
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or may not be looking at. the one that people are talking about, 18th section of the code, gathering, transmitting, or losing defense information, classified information we now know was hillary clinton's server. this can be anything from nothing to time in prison. and we don't know where it is going to end up. we do know though that attorney general has said, although some say there's a little bit of daylight, she's going to follow whatever recommendation the fbi makes. >> we had heard her say that on friday. she was in aspen. >> damage control there. >> thank you so much for joining us. we appreciate it. we'll be back tomorrow. >> see ya.
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decrease alcohol use while taking chantix. use caution when driving or operating machinery. most common side-affect is nausea. life as a non-smoker is a whole lot of fun. ask your doctor if chantix is right for you. . a fox news alert over an extraordinary meeting rocking the political world. the fbi interviewing hillary clinton about her e-mail practices when she served as secretary of state. the presumptive democratic presidential nominee returned to her home in washington shortly after noon following the meeting this morning at fbi headquarters. hello and welcome inside this hour of "america's election headquarters." i'm kelly wright. >> i'm laura i thinkle. the clinton campaign confirms she met voluntarily with fbi to discuss her use with a private e-mail server and the possibility that classified information was put at risk. we're told that meeting lasted

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