tv Happening Now FOX News July 5, 2016 10:00am-11:01am PDT
needed as well for her legal advice. ladies, thank you so much we are back tomorrow at noon eastern right here on tv. "happening now" starts right now. and we begin with this fox news alert. the director of the fbi is not recommending criminal charges in connection with hillary clinton with her e-mail charges while secretary of state. loretta lynch said she will abide by the prosecutor's recommendation. welcome to second hour of "happening now". >> i am heather childers in for jenna lee. it is a big weight off of the shoulders of hillary clinton's campaign despite director comey's blistering assessment of her practices.
he said she was extremely careless but said there is no charges because of no criminal intent. >> in our system prosecutors make the decisions of whether charges are appropriate baseded on the evidence that the fbi collects. we don't normally make public the recommendation to the prosecutor, we engage in conversation about p the reds lugz that is appropriate given the evidence. in this case. unusual transparency is in order. there is evidence of classified information, our judgment no reasonable prosecutor would bring a case. >> hillary clinton wrapped up an event in dc and the spokesman said they are pleased by director comey's announcement.
she heads to north carolina where president obama will campaign alongside is her for are the first time. we have live fox team coverage and we are with the clinton campaign in charlotte. and we start with catherine herridge in washington now. >> reporter: thank you, jon. it was an extraordinary event. the fbi director gave 15 minute segment and did not take questions. hillary clinton did send classified e-mails and contain intelligence from government programs and classified markings. all of this conflicts with clinton's public statement. >> seven e-mail chains concerned matters that are in the top secret special access program at the time they were sent and received. any reasonable person in hillary clinton's pop cision should have
known an unclassified system was no place for that conversation. >> reporter: director comey said she used more than one server and not secured. they found no evidence that the serve isser was hacked by a third party. they would not expect to find the evidence. and operating under the belief a third party are has the e-mails. some of them are lost for goods and the screening did not include reading the text of those e-mails. >> the lawyers sorting for hillary clinton did not read the content of the e-mails for those available to us. they used search terms to find all work related e-mails among the 60000 that remained on her system in the end of 2014. >> reporter: the director laid out elements of hc739 f.
gross negligence that does not require intent, he said as you undicated he would not recommend charges to the justice department in this matter. >> extremely careless about p her and her staff's handling of the information. thank you, catherine. >> reporter: you're welcome. >> our team coverage continues with hillary clinton in the wake of the director's announcement. she is headed to north carolina alongside president obama. this will be his first campaign trip with the first secretary of state. jennifer griffin is live inside of the convention center where they will speak shortly. with reaction no doubt with the fbi's announcement there. jennifer? >> reporter: we just received reaction from the clinton campaign and it is the first reaction we heard from them.
it was a statement from her spokesman brian fallon, we are pleased that the officials determined that no further action by the department is appropriate. and as the secretary long said it was a mistake to use the personal e-mail and she would not do it again and we are glad that the matter is now resolve issed. >> i have not coordinated or reviewed the statement with the department of justice or any other part of the government. they do not know what i am about to say. >> reporter: the fbi decision will be a great relief to hillary clinton. she will a ratify in charlotte, north carolina and campaign with the president in two hours. the timing of comey's announcement allows them to put this behind them. the optices of bill clinton
meeting with the attorney general when she would be meeting with the fbi. secretary clinton, voters find her untrustworthy and one would have to suspend disbelief to think that the political schedule does not play a role in the timing. it would be awkward for president obama to arrive here in north carolina if the investigation was continuing and if there was a possibility that secretary clinton could be indicted. heather? >> 72 hours after being interviewed by p the fbi. >> we'll bring in nan easton. and vince is a director of the daily caller. nina, it was not a legal indictment so are they rejoicing in the clinton campaign? >> thort, jon. it was not an illegal
indictment. but there was lots of rich material from opponent donald trump to borrow from. director comey said there was incredible carelessness and even to the point of her making e-mails in hostile territory where there are hackers and while the fbi could not say that there was direct evidence that her system was hacked, comey went through a lot of cases where it could have been hacked. the clinton campaign, we'll hear from them, well, this is now old news and she's apologized and let's move on, don't look at that traffic accident over there. but we can be sure donald trump will keep it well and alive. >> the spokesman said the matter is now closed. folks, move along. >> matt, you have to feel for director comey.
everybody says, i misused your name. everybody said director comey is beyond reproach. but he was in a difficult situation there. >> big time. especially consider that his bosses prejudiced the investigation prior to him making a decision here. loretta lynch apologizing for a meeting with bill clinton and president obama endorsing hillary clinton. his bosses have been no help for him to conduct it in a fair investigation in the eyes of the public and come out with with a statement saying they would not pursue charges. people find that bizarre. it is a high profile case and he came forward to discuss why they are. to hear that someone can get away with ram pant and get away.
that sends a strong message. it may be fine to mishandle information. >> the weirdest moment for me was listening to director comey said we are not going to recommend charges, but that is not to suggest that a person in similar circumstances who does the same thing might not be brought up on charges. if you do it in the fut iffure, why not now? >> he was in a difficult position. keep in mind director comey has tremendous respect cross the aisle and known for integrity and you could see it watching this. he wanted to be transparent about this. he made the argument that the charges did not rise to at this time case based on past cases, but he had a lot of harsh words for hillary clinton and her staff and handling of sensitive
national security material. and this combined with results with the benghazi report from last year, there is material that an opponent can use and look at her tenure as secretary of state and scrub it and raise questions about it. it is a vulnerability for her. and trustworthiness. he showed there was classified e-mails coming across. and even when she said they were classified later. and i didn't know they were classified at the time. that raises questions on the honesty issue that is hurting her in the poll. >> he took apart every excuse or reason or foundation for what she's doing with the e-mail server, vin? >> that was a thorough viseration of her practice and why she used the e-mail server. forget the criminal charges, he
went point by point, you said they were not marked classified and we found e-mails that were classified and you saids they were not clasdified and 110 times there were e-mails that you should do as secretary of state that are classified. security issues in the countries, adversaries can gain access to the e-mails. every single point was left on the cutting room floor as james comey thoroughly went through them. her campaign said the matter is closed. it doesn't seem it will be. it will reverberate in the election and beyond. we'll see what potential damage has done been here. nina and vince, thank you. >> we are going to talk about that. how will the fbi announcement play out on the campaign trail? director comey will not recommend criminal charges for
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>> though we did not find clear evidence that they secretary of state intended to violence. there was evidence they were extremely careless. >> the director dressing downhill hill and her staff for the practices and care little handling. his agency will not recommend charges in the case. how will it playoff in the general election. we have brad, democrat
strategist and kevin talk show host with salem media group. thank you for joining us. who does it benefit? will it benefit hillary clinton and not have to worry anymore? >> i don't think so. i think that just short of indictment, she got the worst possible treatment by mr. comey and in ways fhe went to trial, you could say not get. this doesn't advance her case that she's trustworthy. if the words coming out are careless and reckless. >> careless and reckless. and trustworthiness is where she has a problem. will this benefit donald trump with crooked hillary clinton. ncareless and trustworthies are two different words and meanings. but hillary, she's been exonerated and not going to have
a trial and no more facts and that says someone. >> according to it comey, she did a lot of things wrong. >> it is. >> and there was not enough evidence to prove criminal intent. >> i was a prosecutor, when the cases don't rise they are called not criminal and it is not a criminal. everybody said she is a criminal and doing criminal things. what about her e-mails? this states that it is not criminal and i thought the director made good points when he looked at prior cases and looked at the intent which is an important element here. and yeah, are there negative for hillary, no question about p it. >> the original question. how does this impact her
politically? >> it is not good for the presumptive nominee going in the election i am not a criminal. what did we get. someone who is careless and reckless with top secrets and sensitive information the fbi said she may not be worthy to going to jail. but we americas should expect from the people in the highest offices, be i took care of it absolutely. >> that's the point of trustworthiness comes in play in relation to carelessness. the person we vote in the highest office in the land we want to trust them with our security. and maybe not so much we can trust her. is this the greatest day for hillary clinton probably not. will careless be put on her
absolute slee. but in the end of the day it was a good day for hillary. she will argue we move on. does everyone have to move on? no. >> it is a day swing voters and voters that are undecided will this sway them to her corner or donald trump. >> republicans are still against her and what is killer for trump and why trump gets a win. all he his to do is list mr. comey's words and careless and reckless do you want this woman for president? it is all there. >> the funny part nothing changed. okay. people who support hillary. and they can raise the flag and say hey, no criminal charges and those who never liked hillary clinton, she's careless and the director said she's careless and
do we want a careless person for president. >> do to a single digit lead over donald trump right now and we'll see how it impacts the polls when it comes to who will win the general election after this. busy day. jon? >> hillary clinton heads to north color carl to campaign with president the president. the fbi is explaining the agency's investigation of her. and he called the process with intense public interest in the case. >> in our system the prosecutors make decisions of whether charges are appropriate based on evidence that the fbi helps collect.
i know there were many opinions expressed. including the people in the government. opinions are irrelevant and they were uninformed in our investigation. we did our investigation the right way. only facts matter and the fbi found them here in an a- political and professional way with. i couldn't be prouder to be part of the investigation. >> that was the fbi director james comey explaining his decision not to recommend charges against hillary clinton for her e-mail use as secretary of state. no one should have doubts about the way the investigation was conducted. i mentioned with one of our earlier case, jim comey was in a precarious situation.
his boss met with bill clinton privately on a jet a week or so ago. the husband of the woman who was under investigation here, and his boss president obama is going to it be campaigning with her today. all that aside, give us an assessment of how the fbi director did. >> i was proud to be a retired fbi agent. he did an amazing thing. he asserted the integrity of the fbi and laid out which is unusual. this is what we did and how we did it in a lot of detail and the intimate conversation between prosecutors and the fbi. which is not often put out to the public as well. the fbi is a fact- finding organization. and it does happen because you have conversations throughout
the investigative stage and ultimately there will be opinions rendered and the opinion of the fbi based on past cases this should not be charged. he laid that out for the public and the transparency was amazing and he did a great service to the public by p having the press conference. >> he said something that caught my ear. jim comey has a reputation as a straight shooter and rock ribbed and upstanding guy. there is evidence of potential in the statutes. our judgment that no reasonable prosecutor would bring such a case. you could argue that no reasonable prosecutor would bring such a case because they would not want to prosecute a former secretary of state. >> well, that's right.
if you parse the words you can come to the conclusion. often in our government, legal decisions are based on information that is not black and white and there is gray areas. and the word reasonableness comes in a lot. what is based behind that word, we don't know. i imagine to be, that if you have is a similar set of circumstances regardless of the person investigated, you would not bring charges. >> he did seem to suggest although there is no evidence that chinese or russian hackers got information he said there is no evidence they didn't. all opportunities were there for the russians or chinese or north koreans could dig in because it was not protected by the government fire wall. >> if you are a professional
hacker from state actors, they are good at what they do. and you will not find evidence that that was the case. the secretary of state after hillary clinton, john kerry once said, he assumed a lot of his e-mails were read by foreign country s and you wrote the e-mails with that happening. jeff, thank you very much. >> you're welcome. >> and the fbi recommending no charges against hillary clinton. that does not mean that she did not mishandle classified information. we'll speak with a cyber security expert about how she may have jeopardize security and how close hackers actually came to accessing sensitive information.
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that is the kind of thing every member of congress and anybody with political aspirations want a trip aboard air force one. they want to be scene hand waving to the crowd below. a joint appearance with the president and a ride on air force one. >> it is it a quick trip down from charlotte. and mrs. clinton was on board when he made his way up the stairs and they are getting ready to taxi the half-hour flight or there abouts down to charlotte. and we'll let you know what transpires when mrs. clinton and former boss president of the united states arrive in charlotte to do a little campaigning. >> hostile actors can get in the
private e-mails a accounts and assess that secretary clinton's use of domain name was known and readily apparentment and used personal e-mail extensively outside of the united states. including sending and receiving work e-mail. we assess it is possible that hostile actors gain the access to her personal e-mail account. >> the possibility of hackers gang information through the e-mail server desaying they were extremely careless. comey said the fbi will not recommend charges in the case.
i want to get your reaction. we hear about servers and security and the other things. you know about p this kind of stuff. you heard the details that the fbi director gave us about the level of security. what was going through your mind? >> i frankly thought i couldn't be shocked. you could have knocked me over with a feather the extent of the pen electrician he described. he said no direct evidence. there is a high probability that the information was accessed. i said this ten months to the day. my biggest fear that the e-mails for the hands of the adversarities and it was the incompetence. it is child's play to china and russia and north korea.
and even israel. we are watching air force one taxiing off to fly down to north carolina. hillary clinton is on board as is the president. something of a controversial trip and we'll get into that this afternoon. morgan. we know that fox has already done stories about the fact that phishing e-mails were sent to hillary clinton's private server, they are in the same style as those who came from russian hackers and we know from what the fbi director said, people in her e-mail circles. their accounts were penetrated by russian or state actors. i certainly heard him saying there is every likelihood that her e-mail system was penetrated, but they can't prove
it. >> jon, go back to a few week withes ago, the judicial watch depositi deposition. they turned off key pieces of the security to filter out on the phishing e-mails. and so you have a window of opportunity for phishing e-mails to get through. and more they get through higher probability that somebody clicks. it would be 2010 that the system was compromiseded and this is like going to it a crime scene. when i was a detective i would rather be be in one that was effective. and this is what director comey and the fbi director was faced with. no doubt they are affected. but the other question here. will they revoke the security
clearance of clinton and the people involveded. he talked about carelessness and recklessness. that is enough for sanctions on them. >> morgan, the fbi director said we won't know and we don't know whether the e-mail system was penetrated by russian or chinese or other you know, bad actors. tell us a little bit about that. what could they do without leaving a finger print. >> techniques are you so sophisticated. they can hide to the point where a low level administrator would not have the skill to detect. they can get past anti- virus programs and fire walls. and our nsa makes a living doing this. and you can rest assured the
russians and chinese and israelis are doing the same thing. and they may have enough information as they pull back out of the system they erase the logfoils and signatures of files and remnants of files and they erase it. by the time they leave there are no foot prints in the sand and like they were never there. >> morgan, fiber security an hist. scary stuff. thank you for sharing your expertise. >> he was specific to say they do assess the hostile did gain access to people that clinton e-mailed. and we'll have the announcement from the fbi coming throw days after hillary clinton was interviewed. fibroid director james comey said hiss department looked into past cases, before making
a decision. >> in looking back at past cases, we cannot find a case to it support bringing criminal charges on the case. all of the cases prosecuted involved clearly intentional and willful mishandling of information or vast quantities of information exposed in such a way to support inference of misconduction or disloyalty to it the united states or efforts to obstruct justice. we do not see those things here. >> elis wiehl and bob, who is a defense attorney and a trial attorney. busy day and let's begin through can't find a case to support bringing criminal charges based on these facts. general petraeus intentionally
shared classified information with somebody who was not able to get the information and did not have that classification. and not able to get it under the violation. and here the argument that comey is making, she did not intentionally share information with anybody that did not have the classification. >> we get into the nonintentional act and gross negligence. >> we'll talk about that in a minute. we hear him say did not willfully did not do. u.s. attorneys want to have a case that is proven beyond a reasonable doubt to 12 people. 80 percent of the cases department under the epionage act resulted not in prosecutions and it is prosecutor descretion to want to see somebody who
wanted to harm the united states. the case here and pete poet is different. it was giving to somebody. and allies of obstruction of justice. >> what cases would they have referred to? this is unprecedented. >> it is. >> this person is running for president of the united states. and a former secretary of state. and so how do you compare it to any case. >> because she is being sloppy and this is what director comey said. extremely careless is the words he used and there was no intent showing there and she's being careless and she didn't want to go through all of. this you can't climb in their head. you can't climb in her head and say there was interesting intentionally there. >> we know she intentionally lied. they were not classified and we
know from what with comey said there were over 110 e-mails in 52 e-mail chains and he went on to say she was involved in sending and receiving seven of those e-mail chains, bob? >> these attorneys were smart. they brought her in and i know as an attorney you don't bring them under this circumstances that you are sure your cloint is okay. the issues of lying under oath or in an investigation and not to the public. i respect director comey, is he specifically did not put politics in this. and take in consideration she is a running for president of the united states. >> he did it honestly. >> do you believe that is the case? i know he has a stand up reputation and he doesn't let
anything irpt fear. >> i believe when they brought her in on saturday and had a three and half-hour talk with her, they had already decided what to do unless, unless she lied to them then. and that would have been a violation of and a crime. >> and that to the american public it is not a crime. >> but lied to them it would have been a crime. >> nevertheless, i do agreement >> thank you both. we appreciate your insight. >> and president obama is teaming up with hillary clinton for a speech in northern carolina this afternoon. and the two campaigning for the first time today. she's on board with him now on air force won. >> i can assure the american
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>> you are looking live in the scene in charlotte where mrs. clinton and her former boss is about to take the stage. this comes on the same day that the fbi will not bring charges against her. rich has more on that. >> reporter: good afternoon, jon. it is a month since president obama endorsed hillary clinton
to succeed him in the oval office. and now he is getting around to campaigning for her. said clis the experience to be be president. >> the president has developed a appreciation to toughness under fire and shared commit oment values. those attributes and that character. and those values are principally the reason that the president believes she is the best person to succeed him in the oval office. >> reporter: the white house said that clinton has the toughness can and skills succeed him. in the past, the president said
that clinton had not jeopardized national security. the white house is going to have to square that with with comments from fbi director james comey now the white house has to square that with james comey's statement that she sent and received classified e-mail through her private server. he did mention that while she was on foreign trips, perhaps her devices were vulnerable and hostile actors may have gained access to her personal e-mail account while she was there. jon and heather, back to you. >> what is a story. rich edson, rich, thank you. we will of course continue to follow this developing story. but we also want to bring you some other stories, bring you up to date on them. here on "happening now," dozens of people killed in that horrific attack at a cafe in bangladesh. up next, what investigators are now doing to try and figure out what happened or how it happened. constipated? trust number one doctor recommended dulcolax
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hi, everyone, i'm kimberly guilfoyle in for gretchen carlson. we're waiting for a state department briefing after that bombshell press conference by fbi director comey. how will they react to the allegations that the state department was extremely careless? plus hillary clinton and president obama will soon land in north carolina on air force one. we'll see what they say about comey's comments. former nyc mayor rudy guiliani will be here live to weigh in on all of this at the top of the hour on "the real story." in the meantime, a fox news alert for you. the death toll is still rising from this weekend's horrific terror attack in central baghdad. investigators pulling even more
bodies today from the site of sunday's bombing. at least 175 people were killed. all of this on the heels of mother terror attacks in saudi arabia and bangladesh that claimed dozens more lives. two students from emory university were among the dead in bangladesh. the school is set to hold a vigil in their honor later this week. benjamin hall joins us live from london with the very latest. benjamin? >> reporter: hi, heather. we're still waiting for confirmation from any group in saudi arabia for those attacks. the coordination of the bombs and the targets do all point to isis. it was very lucky in that country that the three attacks were stopped early. guards noticed the suspicious behavior and responded. outside the u.s. consulate, the attacker killed only himself. but outside medina, four police officers were tragically killed. attacks on saudi arabia have long sought to destabilize the country and the monarchy who
terrorist groups have seen as enemies of islam. recent propaganda has called for a rise in attacks. saudi arabia is a partner in the coalition against isis. moving over to bangladesh, there's been quite a lot of confusion there recently with the government saying isis wasn't responsible for those attacks but trying to shift blame to local jihadi movements. this in a country that has 146 million muslims. government officials are still holding five of the hostages who were rescued. it's not clear if they're considered possible suspects or if they might have more information. today also a japanese government plane took the bodies of the seven japanese back to tokyo where the boxes covered with white cloth were lowered slowly in pairs from the cargo bay. you mentioned those scenes from emory university commemorating the two who died there. there will be similar ones at uc berkeley, a student from that university also dying in those terrible bangladesh attacks. >> benjamin hall, live for us.
busy day, thank you for joining us. >> big news day. "the real story" starts now. this is a fox news alert. state department about to hold a briefing after fbi director called hillary clinton and her team extremely careless in their handling of highly classified information. hello, everyone, i'm kimberly guilfoyle in for gretchen carlson, and this is "the real story." fbi director james comey announced there's ample evidence hillary clinton was extremely careless in her handling of classified secrets while she was secretary of state, putting national security at risk. but he won't recommend prosecution. this after the fbi read every one of the 30,000 e-mails secretary clinton provided from her personal private server to the state department. of those, 110 e-mails and 52 e-mail chains contained classified information at the time they were sent or received. eight of those