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New Day

FBI Emails Probe Dominates Last Week Of Campaign; FBI Director Under Fire Over Email Review; Clinton: "Trump Is Already Making Up Lies" About Email Probe. Aired 8-8:30a ET

Aired October 31, 2016 - 08:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[08:00:01] DONALD AYER, FORMER DEPUTY ATTORNEY GENERAL: He's put us in a position where our election is in danger of being jeopardized by a bunch of squirrely, unclear, ambiguous information, and he did it, I think, with the best of intentions. But I agree with Mr. Painter, it's entirely wrong to have done what he did, however well-intentioned he may have been.

ALISYN CAMEROTA, CNN ANCHOR: Mr. Ayer, Mr. Painter, thank you very much for spelling this us out for us so that we can better understand what's happening. Appreciate you being on NEW DAY. We're following a lot of news this morning. So let's get right to it.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, (D) PRESIDENTIAL NOMINEE: We're not going to get distracted. We're not going to get knocked off course.

DONALD TRUMP, (R) PRESIDENTIAL NOMINEE: Hillary has nobody to blame but herself for her mounting legal troubles.

CLINTON: Donald Trump is already making up lies about this.

UNIDENTIFIED MALE: The way to win is to peel off Republican votes from Donald Trump.

TRUMP: We're leading all over the place.

CLINTON: For as long as he has been rich and famous, he has wanted people to believe he is generous.

UNIDENTIFIED FEMALE: He's been incredibly generous with his time and his money.

CLINTON: He abuses his power, games the system, and he doesn't care who is left holding the bag.

(END VIDEO CLIP)

UNIDENTIFIED MALE: This is NEW DAY with Chris Cuomo and Alisyn Camerota.

CHRIS CUOMO, CNN ANCHOR: Good morning, welcome to your NEW DAY. Happy Halloween. Boy, there's been a big trick or treat depending on your political persuasion. The FBI now has a warrant to begin examining thousands of newly discovered e-mails from Hillary Clinton's longtime aide Huma Abedin. FBI agents stumbled upon these e-mails as part of a separate investigation. But FBI Director James Comey did not reveal their discovery until Friday in a letter to Congress.

CAMEROTA: Now, dozens of former federal prosecutors are blasting the FBI chief's decision to do this in days of the election, and both campaigns are calling for full transparency. Donald Trump thinks this is bigger than Watergate.

There's a lot at stake with only eight days left until Election Day. We have it all covered for you. So let's begin with CNN's Justice Correspondent Evan Perez. He is live in Washington. Give us the latest, Evan.

EVAN PEREZ, CNN JUSTICE CORRESPONDENT: Hey, Alisyn. FBI investigators are now armed with that new search warrant and they're beginning the work of reviewing thousands of news discovered e-mails belonging to Huma Abedin. Now, Abedin is one of Hillary Clinton's closest advisers, and investigators think that at least some of these e-mails are from an account that was on Clinton's private server, perhaps ones that were previously deleted. That's the reason why they're investigating whether it affects the case that the FBI thought was closed back in July when Director James Comey recommended that there were no charges against Clinton.

Investigators found the e-mails weeks ago, stumbling on them as they conducted a separate investigation of Abedin's estranged husband, former Congressman Anthony Weiner. He's under investigation for allegedly exchanging sexually explicit messages with an underage girl. And that's leading to questions from the Clinton campaign about why all of this only became public on Friday when Comey sent this letter to congress days before the presidential election.

Law enforcement officials tell CNN that investigators spent the past month doing a lot of work trying to figure out how big of a deal this was. Technical experts spent time cataloging the e-mails, analyzing metadata to determine that a significant number of the e-mails appeared to have gone through the Clinton server. At the same time they were constrained by the fact that they were operating under an existing search warrant that was limited to the Weiner sexting case. Officials tell me that they saw enough in the e-mails that there may be some classified information in them and that some may not have been reviewed by the FBI before. Now despite calls from the Clinton campaign and from Republicans to provide more information, Comey right now has no plans to say more while his investigators are doing their work. Alisyn, Chris?

CUOMO: I'll take it thank you very much, Evan.

The FBI director is under fire from the left, and many on the right, as well. It's an uncomfortable position and maybe rightly so. The new e-mail probe is going to dominate the last week of the presidential race, and the question is, did it have to? CNN Senior Political Correspondent Brianna Keilar has more. Brianna?

BRIANNA KEILAR, CNN SENIOR POLITICAL CORRESPONDENT: Chris, it is unprecedented that you have a major party nominee heading towards an election this close and they have this sort of cloud over them of an FBI investigation. That is what Hillary Clinton is facing. Her campaign is certainly concerned about it. They're trying to change the narrative by pointing fingers at James Comey.

(BEGIN VIDEOTAPE)

HILLARY CLINTON, (D) PRESIDENTIAL CANDIDATE: It's pretty strange to put something like that out with such little information right before an election.

KEILAR: Shockwaves through Hillary Clinton's campaign following a surprise letter Friday from FBI Director James Comey.

DONALD TRUMP, (R) PRESIDENTIAL CANDIDATE: If she never heard the word email, do you think she'd be a very happy woman today?

KEILAR: Comey notifying members of Congress that the Bureau discovered e-mails that appear to be pertinent to the now closed Clinton server investigation, those e-mails found on a laptop belonging to Anthony Weiner, the husband of Clinton's longtime aide, Huma Abedin, currently under investigation for sexting with an purportedly underage girl.

[08:05:09] Comey can't say if the e-mails are significant, they could even be duplicates of those already reviewed. Now Democrats and some Republicans are criticizing Comey's decision to go public as political, worrying it could tip the scales in Trump's favor.

TIM KAINE, (D) VICE PRESIDENT NOMINEE: This is an unprecedented move, as your folks were describing earlier, because it happens close to an election which is in violation of normal Justice Department protocol, and it involves talking about an ongoing investigation, which also violates the protocol.

KEILAR: Senate Minority Leader Harry Reid penning a damning letter to Comey, alleging that he, quote, "may have broken the law by violating the Hatch Act," a law that prohibits federal employees from engaging in partisan political activity, as 100 former federal prosecutors and high-ranking Justice Department officials, Democrats and Republicans, sign a letter criticizing Comey's actions.

TRUMP: Hillary has nobody to blame but herself. Her criminal action was willful, deliberate, intentional, and purposeful.

KEILAR: But Trump's campaign hoping to capitalize on the issue.

MIKE PENCE, (R) VICE PRESIDENTIAL CANDIDATE: We commend the FBI and the director on their decision to keep their word to the Congress and move forward.

KEILAR: House Speaker Paul Ryan called Comey's move, quote, "long overdue," and he's renewing his call to suspend all classified briefings for Secretary Clinton until this matter is fully resolved. Clinton remaining confident that she is in the clear. CLINTON: We've called on Director Comey to explain everything right

away, put it all out on the table. Of course, Donald Trump is already making up lies about this.

(BOOS)

(END VIDEOTAPE)

KEILAR: Clinton is getting backup from a lot of big names, including Eric Holder, the former attorney general in the Obama administration. He has penned an op-ed today in "The Washington Post," and part of what it says is that he is deeply concerned about this vague letter, as he puts it, that Comey sent to Congress that really started all of this. He said the decision was incorrect, and he really backed up Tim Kaine, saying that he, James Comey, broke rules by talking about an ongoing investigation and doing this so close to Election Day.

CAMEROTA: OK, Brianna, thanks so much for all of that.

Let's discuss it now with our CNN political commentators. We have Bakari Sellers, a Clinton supporter, and Corey Lewandowski, former Trump campaign manager. Gentlemen, great to see you this morning. Bakari, this is not going to be resolved in the next eight days. We have reporting from Evan Perez that Director Comey may not even come out and tell the public any sort of update in terms of what they find, if it's substantial, if it's not substantial. So how are voters supposed to feel comfortable pulling the lever for Hillary Clinton?

BAKARI SELLERS, CLINTON SUPPORTER: Well, I don't think it's about voters feeling comfortable pulling the lever for Hillary Clinton. I think, in fact, this is galvanized many of her voters. I think the base of the Democratic Party is completely outraged. I think many in the middle and independents are completely outraged, because if you look at the USAM, which is a United States Attorneys Manual which governs the conduct of everybody from the FBI to the attorney general and everybody in the Department of Justice, you see the Director Comey violated policy back when he made this announcement in June or July. He violated it again testifying in front of Congress, and then he violated again last Friday. And he had this information for a month.

And so people are outraged. And they're not outraged with -- with Hillary Clinton. They're outraged with Director Comey for coming forward with absolutely nothing. And I know that you're going to ask questions as we proceed, but just be cautious in filling this void that Director Comey has left with innuendo. That's unfair to the American people.

CAMEROTA: Well it's just uncertain. I mean it's not innuendo, it's just unclear. We don't know and we won't know what's on Huma Abedin's e-mail laptop.

SELLERS: Well, first of all, it's not Huma Abedin's --

CAMEROTA: Right, it's Anthony Weiner's --

SELLERS: Correct. CAMEROTA: But we don't know what was collected on that laptap that

were her e-mails.

SELLERS: And that's correct. And that is what we're talking about. We don't know, we don't know if these are duplicates. We don't know if these have already been turned over. We don't know if they're insignificant. We have no idea what they are. And for Director Comey to come out and say they may or may not be significant 11 days out from an election, is absurd. It is the biggest error of any administration official since George Tenet told George W. Bush that WMDs were a slam dunk.

CUOMO: Look, here's the good news. It's a gift to you, because I am not beating you over the head this morning with the ferocity that I normally would about this woman who committed voter fraud because she listened to your nominee, or that Fahrenthold has this biggest piece to date about the fact that your boss doesn't give what he says he gives to charity. So you're loving this because you don't have to deal with that as directly as you're going to.

COREY LEWANDOWSKI, FORMER TRUMP CAMPAIGN MANAGER: You know what else we're not talking about? We're not talking about Clinton Inc., which was a big story last week, the amount of money that they made from their close relationship to the foundation. We're not talking about the Obamacare premiums which in some places are up 100 percent, in most places on average up 25 percent.

[08:10:07] What we're talking about is a potential criminal investigation, whether that's Huma Abedin, or Hillary Clinton, 650,000 e-mails are on a computer which Huma Abedin swore under the penalty of perjury she turned over all devices which potentially had this information on it, which we know now not to be the case --

CAMEROTA: Well she says she did. She said she doesn't know how they g|" on the laptop.

CUOMO: Who has 650,000 --

CAMEROTA: She doesn't.

SELLERS: How can --

CUOMO: Hold on, Bakari. You know this. You know that nobody has said that they have 650,000 of Abedin's e-mails. They're saying on Weiner's laptop.

LEWANDOWSKI: That's right.

CUOMO: That's the cache that they see.

LEWANDOWSKI: And what we should do --

CUOMO: But that's an important distinction.

LEWANDOWSKI: Hillary should go out and say release the affidavit that the FBI applied for to get the warrant. Let's see what is on there. Someone in the FBI applied for an affidavit, to get a warrant from a federal judge to say there was criminal something here. I want to investigate. Why don't you release that information? But --

SELLERS: That's not true, either.

CUOMO: Go ahead, Bakari. How is it not true?

SELLERS: But see, that's not true, because all you have to have, and this is the void that's filling with innuendo because all you have to have is probable cause, which is a very, very low standard. It doesn't even have to be criminal activity. The fact is the FBI didn't even have a warrant until yesterday. So for Corey to actually sit here or anyone to sit here and tell the country that somebody in the FBI read those e-mails and saw something is factually and patently false.

LEWANDOWSKI: That's not what I said.

SELLERS: The reason we know that to be the case is it's fruit of the poisonous tree if anybody at the FBI read any of those e-mails. So we have to stop filling this void again with innuendo that's not true.

LEWANDOWSKI: What we know is true is that the FBI applied for a warrant from a federal judge. You don't just say hey I'm going to fill this out. You have to fill out a form. You have to explain why you think a warrant is warranted, and then a federal judge who is unbiased says yes or no I'm willing to grant you a warrant. And you know what happened yesterday, they granted a warrant so that they could go and look at those e-mails because there's potentially either classified information or something that could reopen a case which could cause a constitutional crisis in this country if it is found that there is --

CAMEROTA: Because they thought that there was classified --

LEWANDOWSKI: We don't know why --

CAMEROTA: We do know. They said the metadata suggested --

SELLERS: Correct.

LEWANDOWSKI: On the Clinton server

CAMEROTA: -- to the Clinton server.

SELLERS: But this also, this also, this also is not a criminal arrest warrant, Corey. What they got was a search warrant. And through the metadata they found information or they found e-mails that may go tough the Clinton server. And so we do not know what's in them. And the tragedy in doing this 11 days out is that we're not talking about issues. I mean, this is a blessing. This is manna from heaven for the Trump campaign because we're no longer talking about the women who've come out and said he sexually assaulted them. We're no longer talking about the fact he hasn't turned in his tax returns. We're no longer making this election about what it has been, which is the temperament to be commander in chief. LEWANDOWSKI: None of those are criminal issues.

SELLERS: Sexual assault is a criminal issue, Corey.

LEWANDOWSKI: The bottom line is this, whether it's 11 days before or one day before, the American people have a right to know if the vice chairman of the Clinton campaign who is, quote, "like a second daughter to us" has violated any laws.

SELLERS: I agree. No, no, no, I agree. You know what, the American public deserves to know if she's violated any laws. But the American public does not deserve to be left in the dark with something that may or may not happen.

My good friend Matt Lewis attempted to make an analogy. I thought it was false, so I would add to it. He said is it OK if you throw a flag in the final quarter of the fourth quarter of the Super Bowl. I said it is, but you simply cannot throw the flag if it may or may not be a penalty. And that's what the FBI has done. It may or may not be a penalty, and we're sitting here talking about facts that we just simply do not know, and now we're eight days out from an election and it completely -- it handicaps Hillary Clinton. But she's going to press forward and her supporters are too.

LEWANDOWSKI: You know what the problem is? On July 5th when Director Comey made this announcement that he wasn't going to prosecute the case, I didn't hear Bakari or anybody else saying he has violated policy --

SELLERS: I actually said that.

CUOMO: Yes, we did. We heard you say that --

LEWANDOWSKI: I didn't see a letter --

CUOMO: Some of them did, but it was low because they liked the result. But you hated it.

LEWANDOWSKI: Of course.

CUOMO: You said he's way out over his skis. He shouldn't have done this.

LEWANDOWSKI: That's exactly right.

CUOMO: And now he's doing something that has far less precedent and no basis, and you love it. So what does it say about the hypocrisy?

LEWANDOWSKI: It's not that I love it. The bottom line is he shouldn't have done either of these things, but here's where we are today.

CUOMO: No, no, no, if you really felt that way you'd say I'm not going to discuss this, because just like I said last time, this guy has less basis this time to be talking. I'm not going to say anything. But you're not -- LEWANDOWSKI: It's the number one new story of the weekend. How can

you --

SELLERS: That's actually, that's also intellectually dishonest.

LEWANDOWSKI: I'd rather be talking about Clinton Inc. and the increasing rates of Obamacare.

CUOMO: No you wouldn't.

LEWANDOWSKI: Of course I would.

CUOMO: It's not like you answered the question you're asked on a regular basis. You can talk about whatever you want. And you love this because you love the unknown.

LEWANDOWSKI: There's a potential constitutional crisis here for Hillary Clinton.

SELLERS: What's the constitutional crisis?

LEWANDOWSKI: If this is found that she lied or that Huma Abedin lied --

SELLERS: You're making stuff up --

[08:15:03] CAMEROTA: There's no evidence to say --

CUOMO: How do we know there are no e-mails in there with Huma Abedin says Donald Trump says here's where we should hide the server.

LEWANDOWSKI: How do we know they're unclassified information in t those e-mails, we don't know.

CUOMO: We don't know and usually that's why the FBI never says anything.

CAMEROTA: Bakari, last word?

SELLERS: But I was just going to say that for Corey to say that we were championing this and the Republican Party is making this, they have this new talking point that Democrats weren't saying anything in June or July when Comey made his first statement that's patently false and intellectually dishonest.

In fact, the Republicans have used that extreme carelessness line, which is a Comey opinion which isn't rooted in fact but simply his opinion back from July and still using it today.

The fact is we need to be talking about Donald Trump and Hillary Clinton and who's going to make the best president of the United States. And I think that voters have seen throughout this process, especially after the debate, that's Hillary Clinton. So I expect a resounding victory next Tuesday.

CAMEROTA: Corey, Bakari, thank you very much. CUOMO: All right. Look, you may like it. You may not. Trick or treat. It's up to your political disposition, but the FBI director's decision to talk about a case when he doesn't even know what's in the e-mails yet, is an October surprise. What could you learn that would make a difference to your vote? Lawmakers from both sides weighing in next.

(COMMERCIAL BREAK)

[08:20:16]

CAMEROTA: Donald Trump capitalizing on the FBI's new probe of e-mails from Hillary Clinton's longtime aide, Huma Abedin.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: To cover up her crimes, she bleached and deleted 33,000 e-mails after receiving a congressional subpoena. But I have a feeling they've just found a lot of them. Don't you think? Have a feeling. Huma. They just found a lot of them. We never thought were going to say thank you to Anthony Weiner.

(END VIDEO CLIP)

CAMEROTA: Well, FBI Director James Comey revealing that agents discovered the e-mails on a laptop belonging to Abedin's estranged husband disgraced Congressman Anthony Weiner.

So joining us now to discuss this is Republican Congressman Bob Goodlatte. He is from Virginia. He is the chairman of the House Judiciary Committee and a Trump supporter. Congressman, thanks so much for being here.

REPRESENTATIVE BOB GOODLATTE (R), VIRGINIA: Good morning, Alisyn.

CAMEROTA: Do you think it was out of bounce for Director Comey to send Congress that letter when really he didn't know yet what was on the e-mails?

GOODLATTE: No, I do not. And Secretary Clinton has no one to blame but herself for the situation she finds herself in. For the last 3 1/2 months she's been traveling the country, telling the American voters that she has been cleared of this by the FBI director.

So, the FBI director who is under considerable criticism for taking this upon himself back during the summer, I think, felt very, very strongly that since there was substantial information that needed to be examined, directly related to his earlier investigation, as reported to him by the FBI agents, and prosecutors who were looking into this matter, he felt that it was important that he let the American people know, and the Congress know.

He told the Congress back when he testified before the committee in July that if substantial new information were found, that he would continue the investigation, and that's exactly what he's doing. CAMEROTA: So the problem is, is that we don't know if it's substantial new information. All we know is that it's new information. We don't know what's on there, and, in fact, we just had some ethics lawyers on who previously worked in the White House, and they say the DOJ has a policy that you do not give updates to people, including Congress, in the middle of an investigation unless there's a national security threat. This is no national security threat.

GOODLATTE: The fact of the matter is, we do not know even whether that's the case or not, because of the fact that we are dealing with, and he disclosed earlier on that -- and confirmed that we're dealing with e-mails that contain classified material.

However, the fact of the matter also is that when she came and testified before the House Select Committee on Benghazi and raised her right hand and swore to tell the truth, the whole truth, and nothing but the truth, she, in fact, gave false testimony to that committee.

And that's clearly based upon the findings that the director laid out in his news conference back in July when he announced, and a lot of people thought he went through all the things that she did in violation of the espionage act and then he said, however, we're not going to indict her. A lot of people thought he was going to say we were going to indict her.

CAMEROTA: Yes.

GOODLATTE: But either way the fact of the matter is she committed perjury.

CAMEROTA: How?

GOODLATTE: Three days later I and Jason Chaffetz sent to the Justice Department --

CAMEROTA: Yes.

GOODLATTE: -- and the FBI director referral for perjury -- one word of that for 3-1/2 months.

CAMEROTA: You're saying that Hillary Clinton lied. What did she say that was a lie?

GOODLATTE: She said several things. I don't have the list right here in front of me. But she said that she had turned over, that there was one device involved, there was more than one device involved. She had turned over all the e-mails that required. The director confirmed she had not turned over all the e-mails that she was supposed to have.

CAMEROTA: Yes.

GOODLATTE: And there were a total of four separate distinct -- things that we outlined in a separate letter --

CAMEROTA: Yes. GOODLATTE: -- a month later to the department. Still haven't heard from them. What are they doing to protect the people's elected representatives from being imposed upon by people who commit perjury when testifying before committees?

CAMEROTA: Congressman, what we've heard many voices on both sides today say that they feel it's pressure, it was pressure from Republicans like yourself that made Comey break with protocol. That he was sensitive to all the pressure that you applied to him, and that, in fact, this is a big break in protocol with the FBI director injecting himself into an election eight days out. What do you say to that?

GOODLATTE: Well, look, look, when the attorney general of the United States got on board an airplane on a tarmac at an airport in Arizona with Mrs. Clinton's husband, the former president.

[08:25:06]And then a few days later says, oops, I really shouldn't have done that, that doesn't appear to be appropriate, it's suddenly then fell to the FBI director.

And I don't know the circumstances behind how it came for him to have to make the decision that prosecutors normally make. Now he's the head of the Federal Bureau of Investigations not prosecutions.

He then took it upon himself to outline his findings in this case. And ever since that time, this has become a major issue with regard to the appropriateness of how it's been handled.

And the FBI director today is keeping a commitment that he made back several months ago that he would inform the Congress if he continue the investigation, because he told --

CAMEROTA: Yes --

GOODLATTE: -- the Congress at the time that the investigation was complete.

CAMEROTA: Yes, yes.

GOODLATTE: It's not completed and the public needs to know that no matter the timing.

CAMEROTA: Yes, it does sound like that that's his rationale. You're right that's what he said in the letter that he had said he would update you and it sounds like that that's what he's doing. We've heard this morning from several people including Congressman Elijah Cummings, who says that there should be also an FBI investigation into whether or not the Trump campaign is tide to Russia, and that that would have very serious implications obviously for democracy for the outcome of the election. Are you calling for a more thorough investigation into those possible ties?

GOODLATTE: If there are facts available to the FBI that would support an investigation that indicates a violation of the law, then the FBI should follow the truth wherever it leads them. That's exactly what the House Judiciary has been doing throughout this entire process. But that is a red herring when there is no such public finding of that.

CAMEROTA: But hold on one second, Congressman, because there has -- hold on just one second. There have been I think 17 investigative and intelligence agencies that do believe that Russia has breached DNC computers, and that has tried to insert themselves into this election and has hacked e-mails. So it does -- there is information --

GOODLATTE: Well, we certainly -- we certainly should be investigating that. But whether that has anything at all to do with the Donald Trump campaign is for investigators to pursue. In this case, they did pursue it, they did make findings that she had taken actions that are clear violations of the espionage act.

They determined that notwithstanding that they were not going to indict her. Now new evidence has arisen that would indicate that the investigation should continue. He told the American people through the Congress, through their elected representatives -- that he would tell the Congress if he continued that.

CAMEROTA: Yep.

GOODLATTE: And now he is doing just that.

CAMEROTA: Yep.

GOODLATTE: So the fact of the matter is, I didn't hear the attorney general objecting to the protocol -- in fact she said she was going to follow the recommendation of Mr. Comey --

CAMEROTA: Yep.

GOODLATTE: -- back in July. And now I understand she's been engaged in attempting to pressure him not to disclose to the Congress the American people what he said he would do back then when she was perfectly fine with it.

CAMEROTA: Yes. OK.

GOODLATTE: And a lot of other people who are now complaining about the director were applauding how he handled this back then.

CAMEROTA: Yes.

GOODLATTE: So the director is trying to do his job. It's a difficult job.

CAMEROTA: Yes.

GOODLATTE: He's been criticized by virtually everybody on every side of this issue at one point or another. And now he is doing, I think the correct thing in letting the people know that when Mrs. Clinton says that she's been cleared, not quite. Because there is still a substantial amount of information, and obviously in looking at this through the other investigation -- CAMEROTA: Yes --

GOODLATTE: -- into Mr. Weiner information was examined that caused them to say hold up and we can't go any further on this because there's information related to other investigations.

CAMEROTA: Right.

GOODLATTE: That's why they sought a warrant. That's why they sought Mrs. Abedin's cooperation.

CAMEROTA: Yes.

GOODLATTE: And that's why this is proceeding today.

CAMEROTA: It is interesting to see how the tables have turned, Congressman. Thank you very much for being on "NEW DAY." Great to get your perspective -- Chris.

CUOMO: All right. So, Clinton sees it differently. Obviously she's blasting Donald Trump about making up lies, or perverting what is known and she's blaming Comey the FBI director for getting out ahead of his skis.

Let's discuss with Democratic Congressman Jerry Nadler. He is a Clinton supporter. The fundamental case of Mr. Goodlatte and the GOP is you did this, Clinton, you started this server thing, so you can't say now you don't like the FBI looking at it, and it's fair speculation until we're told otherwise.

REPRESENTATIVE JERRY NADLER (D), NEW YORK: Well, the fact is that the FBI is a peace agency. It's part of the Department of Justice. They're purview is to see if a crime was committed. They ruled, and they don't -- they don't comment on ongoing investigations.

When someone is indicted, they announce the indictment and perhaps the evidence. In some cases, of public interest where someone's name has been dragged through the mud they decide it's fair to announce we're not going to indict and why, and that's fair also.