director comey: yes. >> is it fair to say that you went on to define "extremely careless" as hillary clinton's handling was sloppy? director comey: that is another way. clintonaid that hillary is not nearly as sophisticated as people thought. is that correct? director comey: i think that is fair. not as people bought, but as people would assume. i should be clear. technically sophisticated. i am not opining on other forms of sophistication. >> i want to talk a little about precedent. there is no precedent in terms of punishment for this behavior. are you familiar with brian nishimura? he is a naval reservist. he was prosecuted. what is the difference between his case and hillary clinton's in terms of extreme carelessness and gross negligence? we are dealing with statute 793, section f. it does not require intent, is that correct? director comey: 793 is gross negligence. >> is that why brian nishimura was punished? director comey: he was punished under the misdemeanor statute on facts that are very differe

comey: no. no double standard therefore in a sense that if it was john doe, warm or government employee, they would be in the same boat. we would not have any reach on the guy. >> but he would have some discipline. dir. comey: not if he left government service. >> have a lied about public servers, at they lied about not deleting those e-mails, not -- have a lied about not having any classified -- the statements are clearly dr. -- clearly documented, and you are saying an average person would experience discipline, but secretary clinton does not deserve to be disciplined. >> the director may answer. dir. comey: an average employee still in government service would be subject to a disciplinary process. if they left, you would be in the same boat. thank you very much, mr. chairman and director comey. the prosecutor has awesome power. the power to prosecute is the power to destroy, and it has to be used with restraint. you obviously know that. you are being asked to exercise that responsibility in t

director comey: no. rep. cummings: why not. director comey: the decision was made by that leader of the department of justice not to participate in the felony. rep. cummings: the question is, do you agree with the fact that general petraeus "got in trouble for far less"? director comey: it is the opposite. rep. cummings: what do you mean? director comey: his conduct illustrates the category of behavior that the prosecutions would bring. he clearly knew what he was doing was a violation of the law. huge amounts of information, even if he did not know them, it raises the inference that he did know. that's obstruction of justice. that makes it worthy of prosecution. a misdemeanor, but a prosecution. rep. cummings: do you stand by the fbi's recommendation to prosecute general petraeus? director comey: yes. rep. cummings: do you stand by the recommendation not to prosecute hillary clinton? director comey: yes. rep. cummings: how many times have you testified before congress about the general petraeus case? do

comey: our investigation found that -- >> so that was not true? comey: that's what i said. there were a small number of portion markings on i think three of the documents. >> secretary clinton said all work-related e-mails were returned to the state department. was that true? we found work-related e-mails, thousands that were not , returned. >> secretary clinton said her lawyers read every one of the e-mails and were overly inclusive. did her lawyers read the e-mail content individually? comey: no. >> and of that top security information you found with , someone who was sophisticated in those matters -- would it be obvious that that was sensitive information? comey: yes. >> did she have to sign a form regarding her responsibilities to safeguard this information? comey: yes. >> did you look at the clinton foundation? comey: i am not going to comment on any other investigation. >> was the clinton foundation tied into this investigation? comey: i'm not going to answer that. john: that is a bombshell that occurred late in the hearing was asked about the clinton foundation. we w

katherine, good morning. >> comey uncharacteristically did not take questions. fbi's findings undercut clinton's statements about her use of a personal unsecured server. comey said there is evidence of wrongdoing but that's as far as it went. >> our judgment is that no reasonable prosecutor would bring such a case. >> reporter: the fbi director said the investigation found then secretary of state hillary clinton sent or received 110 classified e-mails, nearly half contained intelligence at the top secret and secret level. >> none of these e-mails should have been on any kind of unclassified system. their presence is especially concerning because all of these e-mails were housed on unclassified personal servers. >> reporter: comey said it should have been clear to clinton and her team, many of who are lawyers, that classified information was outside secured government channels. >> any reasonable person in secretary clinton's position or the position with whom she was corresponding about those matters should have known an unclassified system was no place for that

just listen what comey said. you have got 110 emails containing classified information marked at the time they were received and sent. reporter: trump is discrediting comey and alleging widespread corruption and further criminal activity by the attorney general and making a broader claim that the government is so corrupt that james comey is sow corrupt. you can't accuse someone of massive corruption of the kind trump is accusing comey, then use his stuff. you can't say these good points he made, he's so corrupt. bill: clinton says, we are pleased the career officials handling the case have determined no further action is necessary. it was a mistake for her to use her personal email and she would do it again. democrats are saying at least she wasn't indicted. one said she was doing 67 in a 65-mile zone. it's over. reporter: the reality for hillary clinton is this stinks. she did what the people always accuse the clintons of doing, which is she went right to the edge of what you can get away with doing. got a membe

put us in the mind of james comey. what would make the fbi director decide to do this on a day he knew that if it was happening, and do you think that was inappropriate? mr. gonzales: i do not think that affected his decision. again, i do not know the factors he weighed in deciding yesterday was the day he was going to make this announcement, quite likely. what i find surprising is for the fbi director to have a public press conference and announced the findings of an investigation before even making a recommendation to the attorney general. i think he indicated that no one outside of himself knew what he was going to say, which tells me he had not even told the attorney general his recommendation. that is very unusual, for him to public the end on the world, "this is what my recommendation is going to be," without informing his boss. that i find unique and unusual, and i would be interested in terms of why he else he had to do that, but i cannot think of a reason why the announcement yesterday was in any way affected

comey said she did not. so a number of things she said that are just false based on the investigation mr. comey conducted relative to her testimony under oath to us last october. >> so are you now investigating perjury? >> well, that may -- i think that appropriate. we'll see what the chairman gowdy and chairman chaftz wants to do. the fbi says aneed a referral. maybe they've they'll get that. >> it was interesting to me he didn't look at the earlier testimony as -- as well that's fact his interview with sac clinton was not recorded, it was not under oath. was that odd? >> awful this plays into this perception that is out there very real perception there are now two standards in this great country, one for we the people and an entirely different one for the connected political class. and that's unfortunate, that is wrong, shouldn't be the case. and i always come back to, remember what took place here. the underlying situation. she decides to set up a unique e-mail situation, server situation, as mr. comey te

put us in the mind of james comey. what would make the fbi director decide to do this on a day he knew that if it was happening, and do you think that was inappropriate? i do not think that affected his decision. again, i do not know the factors he weighed in deciding yesterday was the day he was going to make this announcement, quite likely. what i find surprising is for the fbi director to have a public press conference and announced the findings of an investigation before even making a recommendation to the attorney general. i think he indicated that no one outside of himself knew what he was going to say, which tells me he had not even told the attorney general his recommendation. that is very unusual, for him to public the end on the world, "this is what my recommendation is going to be," without informing his boss. that i find unique and unusual, and i would be interested in terms of why he else he had to do that, but i cannot think of a why the announcement yesterday was in any way affected by the fact hillary c

katherine, good morning. >> comey uncharacteristically did not te questions. fbi's findings undercut clinton's statements about her use of a personal unsecured server. comey said there is evidence of wrongdoing but that's as far as it went. >> our judgment is that no reasonable prosecutor would bring such a case. >> reporter: the fbi director said the investigation found then secretary of state hillary clinton sent or received 110 classified e-mails, nearly half contained intelligence at the top secret and secret level. >> none of these e-mails should have been on any kind of unclassified system. their presence is especially concerning because all of these e-mails were housed on unclassified personal servers. >> reporter: comey said it should have been clear to clinton and her team, many of who are lawyers, that classified information was outside secured government channels. >> any reasonable person in secretary clinton's position or the position with whom she was corresponding about those matters should have known an unclassified system was no place for that

this is what comey said. the president was dead wrong when he went on "60 minutes" in the fall saying she didn't jeopardize national security. dead wrong and reckless while the fbi agents were investigating this case. >> an improper thing for the president to do in the midst of an ongoing investigation for which he has to keep some arm length distance. what comey did was extraordinary and in some ways improper. not the role of the fbi and he convicted her without giving her in some ways in the court of public opinion without giving her a chance to respond. i believe now, because he opened the door, we'll eventually hear from fbi agents who worked on the case and interesting to see if they all agreed on his decision. what do investigators think about this decision and it will be debated quite a bit in the context of the campaign trail and the trump folks are looking at what comey laid out or looking at the discrepancies between what she said and the facts. the fact that they read every e-mail and meticulously

and in this statute, that's where i have a problem with direct comey -- director comey today. he said in this particular statute where you too not have to find intent you have to find gross negligence, he said in that statute i found extreme carelessness, all right. but then he went on to say no -- i'm just quoting here no reasonable prosecutor would bring such a case. bill, i am a former federal prosecutor and very proud of it. third generation federal prosecutor. i'm thinking i might have brought that case. my dad might have brought that case. my grandfather might have brought that case. wait a second, i would have brought it to a jnd jury is what i'm saying. comey overstepped his authority. >> i guess authority was basing his statement, guilfoyle, on there haven't been many of those, right? >> right. but that doesn't matter. it's not the standard of whether or not there haven't been any. it's whether or not this particular fact pattern meets the requisite requirements to prosecute under the law. and by his own admission, he essentially stated the case and made the case to s

comey: our investigation concluded -- >> so that was not true? comey: that's what i said. there were a small number of portion markings on i think three of the documents. >> secretary clinton said all work-related e-mails were returned to the state department. was that true? comey: no, we found thousands that were not returned. >> secretary clinton said her lawyers read every one of the e-mails and were overly inclusive. did her lawyers read the e-mail content individual? comey: no. >> of the information you found, with someone who was sophisticated in those matters -- would it be obvious that that was secret information? comey: yes. >> did she have to sign a form regarding her response ability safeguard the information? komi -- comey: yes. >> did you look at the clinton foundation? was the clinton foundation tied into this investigation? comey: i'm not going to answer that. john: that is a bombshell that occurred late in the hearing when he was asked if the investigation included the clinton foundation. that is one thing republicans have really seized on. the other thing

comey, the fbi director comey, stated that there were violations of law and then didn't prosecute on them? >> more or less. what comey says is that there is some evidence that there were violations here but that you have to measure that against the standard here of have cases like this involving similar situations ever resulted in prosecutions and he said no. now, here's where i think you are going to hear a lot of disagreement. there are some former prosecutors who say the statutes, yes, make it a crime to intentionally give classified information out or put it in a place where it doesn't belong, but also make it a crime to do so if it amounts to gross negligence. what some of the former prosecutors say is comey has rewritten the statute saying you have to have intent, not gross negligence. others say look at the record. nobody has ever been prosecuted when the information is given to someone who is legally qualified to have it. so that is a critical point on comey's side. this was information exchanged back and forth between people who actually had clearance so it's person a who ha

ed, i'm going to ask you about james comey. the things that director comey said about her were brutal yesterday. in some respects, showed her to honest,n not totally some would say an outright liar with respect to some of the ways in which she handled her e-mail in the course of the last year. how bad you think the political fallout from the comey statement yesterday is for her. : i think the problem is that donald trump blew a good andrtunity yesterday implied that director comey was in on the process being rigged. rigged, it isis hard for him to turn around and use director comey's used -- words used, words that were skating in part, against clinton. because donald says that it was rate. if this was all a mess to make it look good. i think he boxed himself again by not taking a deep breath, forgetting about crooked hillary, forgetting about she should have been indicted, and saying this goes to dutchman, to care and applies to serious and this is what director comey said. i think he made a big mistake in handling what could b

and in this statute, that's where i have a problem with direct comey -- director comey today. he said in this particular statute where you too not have to find intent you have to find gross negligence, he said in that statute i found extreme carelessness, all right. but then he went on to say no -- i'm just quoting here no reasonable prosecutor would bring such a case. bill, i am a former federal prosecutor and very proud of it. third generation federal prosecutor. i'm thinking i might have brought that case. my dad might have brought that case. my grandfather might have brought that case. wait a second, i would have brought it to a jnd jury is what i'm saying. comey overstepped his authority. >> i guess authority was basing his statement, guilfoyle, on there haven't been many of those, right? >> right. but that doesn't matter. it's not the standard of whether or not there haven't been any. it's whether or not this particular fact pattern meets the requisite requirements to prosecute under the law. and by his own admission, he essentially stated the case and made the case to s

>> you can find contradictory statements, but what comey did, director comey did just 24, 48 hours ago means the government is not going to do anything. maybe the next president can do a special counsel. maybe they can have hearings in congress. subpoena her, unlikely to go through, subpoena her and say how do you square the circle of contradictions? and she'll refuse it. so you have another campaign issue. but what she hopes is this will die. it's summertime, convention is coming, post convention, fade in the mist with. that video, it's not going to fade in the mist. deirdre: steve, you ran for president. what do you think her chances are of having any kind of vote of trustworthiness among democrats? >> it's zero. that's why you're going to see an intense attack on donald trump in terms of suitability, temperament for the office. the only way she can win is to tear him down so he's seen as less attractive than she is. that's the only way she can win. she's lost the trust. no one would trust her. deirdre: a fiery summer season. >> yes, it is, and fall. deirdre: and fall, indeed. steve

jim comey is widely respected as a guy of integrity. he's proven it not just recently as fbi director but when he was in the justice department and took some very courageous stands against the white house on some matters. it was interesting to me that sean spicer didn't color out of those lines. he tried, after you read him trump's statement to circle around a little and square the circle. but it is fair game for republicans to question hillary clinton based on the words of the fbi director. it's not fair game to say, well, petraeus -- trump has said repeatedly petraeus got in trouble for far less. general petraeus gave classified information to his biographer with whom he was having a relationship knowingly and he pled guilty to charges related to that. what he did was far different than what the fbi director suggested. so to say she should have been treated the way he was, it's just flat out wrong. i thought spicer was very -- he colored within the lines of what is responsible political discourse. what donald trump is doing is not. >>

but now they don't like jim comey. >> i thought they were respectful. >> in fact, they forced comey to say there was no different standard. he says he has friends, and he's a republican, who say hey, you laid out the case, why didn't you indict her? and he said, name me one case in the last 40 years where gross negligence has led to an indictment on these charges. he said it just doesn't exist. and he had to say -- i mean, he had to come back and make it clear, no basis for a criminal charge. none at all. >> it's interesting, though, eric, does it matter? the stain is there. it's hard for -- it's funny watching democrats laud comey, who basically said their candidate is awful. >> i thought i was watching the opposite day. he's a republican. but one of the things that stood out, the intent argument. i found it very interesting that comey literally said i could find no intent on her part. and then they went through all the things that she did to hide 35,000 e-mails, they burned those e-mails. the burn bags and on and on. sure sounds like intent to me. but john mica was the star when he s

thank you very much. >>> that is fbi director comey. as you just heard, though the department of justice will makes the final decision. in the fbi's words no charges are appropriate in this case. we'll take a moment to digest some of this. john harwood? >> first of all, carl, at the largest, 30,000-foot level, hillary clinton and democrats will be celebrating the conclusion that no criminal charges are recommended. however, i think james comey's presentation was pretty damning toward hillary clinton. what he described was a culture in the state department that was lax with respect to handling classified information, extremely careless. those are pretty strong indictments for somebody who is as experienced in government as hillary clinton, and who wants to be commander in chief. so she is not going to, we assume that the justice department will go along with comey's recommendation that no criminal charges would be fined. no reasonable prosecutor would pursue such case. however, that was strong criticism that james comey leveled against h

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

lynch made that decision after meeting with fbi director james comey. comey is scheduled to appear before a congressional committee tomorrow to explain why. the justice department is launching an investigation into the killing of a black man in baton rouge, louisiana. alton sterling was shot while pinned to the pavement by two cops. he was selling homemade cds at the time. the incident was captured by an eyewitness on this cell phone video. the city's police chief says sterling was armed and concedes there are questions about what happened. i'm jackie ibanez, now back to "hannity." for all of your headlines remember to log on to foxnews.com. >>> welcome back to "hannity." yesterday during his statement fbi director james comey delivered a harsh critique of hillary clinton's, quote, extremely careless actions when it came to her using private e-mail server and the trump campaign is capitalizing on the agency's scathing rebuke. watch this. >> i did not send or receive any information that was marked classified at the time. >> from the group of 30,000 e-ma

comey said a very small number. >> did mr. comey say that yesterday? he said they were classified. >> a very small -- >> no, no, no. he said yesterday 113 e-mails were classified at the time they were sent. thousands of work e-mail were deleted. there were likely more e-mails -- >> you're a great lawyer. how can you say that, lanny? >> i said none were labeled or identified and you just ignored those words. a very small number -- >> according to what the fbi said -- >> and the fbi said that she did nothing illegal and that she had no knowledge of compromise or hacking into her e-mails. she said it was possible, but there is no knowledge. and with no illegality and no knowledge of any harm, then she's left with saying i made a mistake. which she has said many, many times. >> lanny davis, it's always great to hear your side of the story and we thank you very much for joining us today. >> thank you for letting me speak. appreciate it. >> thanks for seeing you. >> we like to have a conversation going. that's all. lanny, thank you. >>> stop and look at this

comey made clear he thought mrs. clinton was quote extremely careless in the handling of classified information. but he put for a contrived be facts of the matter. she says mrs. clinton and her aides were very careless in handling classified information. but then he sought to exculpate them by declaring very careless does not equal criminal, even as he noted what he termed potential violations of the law by the former secretary and some of her aides. >> although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is no reasonable prosecutor would bring such a case. lou: an extraordinary judgment in fact. the question of the hour and the next two hours in fact as we contain a special report about what has happened on this remarkable day, the question is why not? and why did he choose to declare he would not recommend prosecution of clinton exactly one week after former president clinton met secretly on a government aircraft with southern general lore

matt and susan thank you both. >> thanks. >> mother on the comey hearing or better described the comey grilling coming up. plus donald trump as we just noted on capitol hill today. what was he saying behind closed doors? one congressman inside trump's meeting is here coming up. and there is nationwide outrage growing. two black men shot dead by police and both incidents are on camera. two different states. that's next. i have asthma... ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo opens up airways to help improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo i

comey willing in the cross hairs. he is under fire for republicans for not giving an indictment against clinton. i am joined now by matt miller. ambassador, i want to start with you. republicans are mad comey didn't seek any sort of indictment. do you agree? >> well, his job is not to make prosecutorial decisions. his job is to issue findings to prosecutors to them in the main justice to make the decision. that was compromised by the meeting out in phoenix. so the whole thing was kind of a mess i think for the democrats. i think they had a difficult time sorting through all of this. so comey did what he did. it is over now. it's done but i don't think it should be repeated again in the future. >> and many are saying they shouldn't have that hearing today but if you look at james comey's statement much of his and clinton's don't line up. why shouldn't there be a hearing? >> because it is inappropriate to interfere with decisions made by the department of justice. i have a piece in the washington post today where i walk

something james comey confirmed today. with a history of fighting terrorism cases and white collar crimes, comey is the seventh director of the fbi. president obama nominated comey in 2013, praising his 15 years as a freshman prosecutor and his integrity. >> he doesn't care about politics, he only cares about getting the job done. >> reporter: comey famously prosecuted the martha stewart fraud case. david kelly succeeded him there. >> we have never shied away from tough cases. as a prosecutor, as fbi director, you don't really get to pick what cases you do, you really have to do the cases that need to be done. >> comey went on to become the deputy attorney general in the george w. bush administration. bun night in 2004, as then attorney general john ashcroft lay ill in a washington hospital, white house counsel alberto gonzalez and andy card stood by ashcroft's bedside, seeking his approval toof a then secret program. >> i think i just witnessed an effort to take advantage of a very sick man. >> reporter: comey has faced a

they wanted to give james comey a shoulder rub. >> the most amazing exchange was jim comey saying it's possible that hillary clinton was not sophisticated enough to understand what the classified markings on these two emails meant that landed in her inbox. it went to well, she is just maybe too dim to understand it, but that's not. >> crime. kennedy: no intent there. but my feeling is, if you get in a car and you don't know the continues between "r" and "d," you shouldn't be drying it. if you don't know the markings that put a car into reverse or drive. because even if you didn't mean to kill somebody you run into them, you are still on the hook for it. >> who are we electing? are we electing someone who is just lying or are we electing the old woman who gives her social security number to the siberian prince. o.j. simpson thinks she got away with murder. there will and 12h o.j. miniseries. they are making it sounds like they are trying comey's character. no, they are holding him accountable to the word he said. he said she is guilty, she is guilty, we are going to let her go. kennedy:

thank you very much. >> director comey -- >> fbi director james comey leaving the extraordinary news conference. as you heard him say there, it is what matters here, the facts. and after a painstaking investigation, the conclusion here, according to the director, is that no reasonable prosecutor would pursue charges in this case. however, of the 30,000 e-mails provided by secretary clinton and her attorneys, director comey indicating 110 of those were classified information. eight of them chains of top-secret information. 36 included secret information. and eight of them included confidential information, which is the lowest category. as for e-mails deleted from the account or not turned over, some 7,000 of them. the director indicating no evidence of intentional deleting of the these e-mails that were found in a number of other servers and phones used by secretary clinton. msnbc chief legal correspondent, ari melber joins us live. this is where we see the fbi department and its independence -- the agency and independence expressed by director comey. no one heard the information, the

comey, the fbi director comey, stated that there were violations of law and then didn't prosecute on them? >> more or less. what comey says is that there is some evidence that there were violations here but that you have to measure that against the standard here of have cases like this involving similar situations ever resulted in prosecutions and he said no. now, here's where i think you are going to hear a lot of disagreement. there are some former prosecutors who say the statutes, yes, make it a crime to intentionally give classified information out or put it in a place where it doesn't belong, but also make it a crime to do so if it amounts to gross neg i negligence. what some of the former prosecutors say is comey has rewritten the statute saying you have to have intent, not gross negligence. others say look at the record. nobody has ever been prosecuted when the information is given to someone who is legally qualified to have it. so that is a critical point on comey's side. this was information exchanged back and forth between people who actually had clearance so it's person a

comey. >> i did not e-mail any classified materials to anyone on my e-mail. there is no classified e-mail. >> from the group of 30,000 e-mails returned to the state department in 2014, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. >> i responded right away and provided all my e-mails that could possibly be work related. >> the fbi also discovered several thousand work-related e-mails that were not among the group of 30,000 e-mails returned by secretary clinton to state in 2014. >> i thought it would be easier to carry just one device for my work and for my personal e-mails instead of two. >> secretary clinton used several different servers, and administrators of those servers during her four years at the state department. and she also used numerous multiple devices to send and to read e-mails on that personal domain. >> so it is clear beyond any doubt from the fbi's investigation that secret

lynch made that decision after meeting with fbi director james comey. he announced tuesday the bureau would not recommend prosecuting clinton. comey is scheduled to appear before congress thursday to explain why. >>> president obama is leaving 8400 troops in afghanistan to address that country's security situation, which he describes as precarious. he acknowledges that few americans might have expected our troops would still be in afghanistan this long after the 9/11 attacks, but the president said perseveranc is needed to prevent al qaeda from regrouping and keep isis from spreading any further. i'm jackie ibanez. now back to "hannity." >>> welcome back to "hannity." yesterday during his statement fbi director james comey delivered a harsh critique of hillary clinton's, quote, extremely careless actions when it came to her using private e-mail server and the trump campaign is capitalizing on the agency's scathing rebuke. watch this. >> i did not send or receive any information that was marked classified at the time. >> from the group of 30,000 e-mails

sticking with comey. he testified before the house oversight committee for what was a grueling five-hour session. on his decision not to recommend charges against clinton. you could argue, by going this extra mile to highlight the worst of clinton's carelessness, house republicans gambled on exposing a stronger defense by comey of his own decision and a stronger defense of some of clinton's practices on email. the question comes down to whether comey was a greater asset or liability politically as far as the republican party is concerned. take a look. >> did hillary clinton break the law? >> in connection with her use of the email server? my ju. dgment is she did. >> did she lie. >> to the fbi? we have no basis to conclude she lied to the fbi. if she worked for me. it would be fair to have a robust disciplinary hearing. i want them to know that's not true. >> it's possible his words on tuesday, if left alone, would have made for a stronger condemnation of clinton's judgment. instead republicans put a spot

director jim comey said

thank you, director comey. the prosecutor has really awesome power, the power to prosecute is the power to destroy and it has to be used with restraint. you obviously know that. you're being asked to, you have had to exercise that responsibility in the context of a very contested presidential campaign, enormous political pressure. you had to do it once before and i go back to that evening of march 10, 2004 when the question was, whether a surveillance program authorized after 9/11 by president bush was going to continue despite the fact that the justice department had come to an independent legal conclusion that it actually violated our constitutional rights. that's a tough call. because america was insecure. the president was asserting his authority as commander-in-chief, to take an action that was intended to protect the american people. but you and others in the justice department felt that, whatever that justification was, the constitution came first, and you were going to defend it. as i understand it, you

they wanted to give james comey a shoulder rub. >> the most amazing exchange was jim comey saying it's possible that hillary clinton was not sophisticated enough to understand what the classified markings on these two emails meant that landed in her inbox. it went to well, she is just maybe too dim to understand it, but that's not. >> crime. kennedy: no intent there. but my feeling is, if you get in a car and you don't know the continues between "r" and "d," you shouldn't be drying it. if you don't know the markings that put a car into reverse or drive. because even if you didn't mean to kill somebody you run into them, you are still on the hook for it. >> who are we electing? are we electing someone who is just lying or are we electing the old woman who gives her social security number to the siberian prince. o.j. simpson thinks she got away with murder. there will and 12h o.j. miniseries. they are making it sounds like they are trying to impugn comey's character. no, they are holding him accountable to the word he said. he said she is guilty, she is guilty, we are going to let her go

comey laid out a

thank you. >> the case may be closed but comey is still in the hot seat. there is no way the fbi chief is going to admit it was all planned. >> the problem for republicans, you put it together right there, you say if you discredit comey in this investigation you chris cr discredit comey and his findings that she engaged in beyond heinous electronic hygiene and she took all of the risks. if you want to keep the part of comey helpful for republicans you can only go so far in discrediting him. the only thing they are going to ask him about is were you pressured were you pressured. i don't think he's going to say now that you mention it it is all a graed. -- fraud. >> what can you tell us what can make us think this is the right decision? >>> double play heading to the hi -- donald trump headed to the hill today. on the trail trump rallying crowds in cincinnati by slamming the attorney general's decision not to punish clinton. while clinton was busy attacking her rival. >> the attorney general comes out and says no charges. that's bribe before i, wouldn't you

>> he had over the shoulder comey. the: he was watching hearing. >> the dude right him was winking to his girlfriend. than distracted. john: it shows that we're off to a good start. you watched the hearing. tell me what you thought about the hearing? >> the witness is pretty good at this stuff. a cool customer. think -- thisou has been long running headache for hillary clinton. how do you think she's feeling about things at this point? how she's know feeling. if you have a thousand people drilling into your e-mail practices here at bloomberg. have a personal bloomberg e-mail, they probably find ontances you made mistakes your g-mail. whatever it is. the problem with all of this congress, they're a bunch of phonies. we all do when we're in congress, we were all doing on unofficial accounts and personal activity on the government account have a notion about the standard. i don't think anyone is adhiring to them. government started getting hacked left and right. opm got hacked. there's a little bit way the republicans pro

yet comey said the f.b.i. found 110 emails in 52 email chains contained classified information at the very time they were sent. including 8 chains containing top secret information. that's not the only con from diction from the presumptive democratic nominee. >> i optd for convenience to use my personal email account which was allowed by the state department base thought it would be easier to carry just one device for my work and my personal emails instead of two. lou: that was not on false, but preposterous. comey said she used several different servers and several device for her email. in last march she claimed all her work-related emails were delivered to the state department. but the f.b.i. director was being generous to a fault. clinton didn't even turn over half of her emails. in fact she deleted more email thans she turned over to investigators. in my opinion, director comey chose not to take questions from reporters in part because he didn't want to try to even explain that contradiction. his creation

i mean james comey, with all due respect -- and i'm with the judge. i respect james comey, but i don't respect this decision. >> oh, no. >> and i don't respect the politics of this moment. and i don't respect that the attorney general of the united states had bill clinton -- it is politicized and probably -- >> we need to talk about something. so loretta lynch, bill clinton goes. they have a half hour meeting talking about their grandchildren supposedly. then hillary gets the convenience of a saturday meeting. then, of course, she's out campaigning, as doug pointed out, with obama today, the same day comey says she's guilty of everything and other people would have been in trouble, but not her. and she lied about this, this, this, and this. really? is this the banana republic we now live in? >> sean, there's another piece to it. >> but this administration has consistently done this with these investigations. the irs investigation was a fake investigation. this was a fake investigation. the fix is in before they start. we're just seeing it played out i

thank you, director comey. and i yield any additional time. >> i think the gentleman's going to yield back. we'll now recognize the gentleman from kentucky mr. matthews. >> thank you, mr. chairman and thank you, mr. comey for showing up and your willingness to be transparent in answered a lot of unanswered questions. a few hours i went onto social media and asked people to and questions, and i've gotten over 500 questions. i'm sure you'll be able to answer a couple of them. one of the things i came in here to ask thaize is not the right difference, is what's the difference between extremely careless and gross negligence? in the process of the hearing what i'm hearing you say is that's not what your reluctance to based on. your reluctance is not based on parsing those words, it's based on the concerning of this statute; is that correct? >> it's broaderrer of the statute, and it fits within the framework of frames and of what the department has prosecuted over the last 50 years. >> so you say a reasonable prosecu

comey laid it out. i think it's unprecedented, certainly within the context of a presidential campaign. and i think, in the end, this could help her more than some of the alternatives, although it is still a scathing indictment of how she conducted herself. john: as you know, the clintons don't mind. the clintons always think they can survive scathing. what they can't survive is indictment. so, they'll take scathing any day of the week. all right. mark, i'm gonna really look forward to hearing what you have to say about what happens down there when we next see each other. until then, all of our viewers, everybody, tim jones has a great story on bloombergpolitics.com. it's about a town in vermont debating whether or not to allow syrian refugees to resettle there. coming up this week, will be covering clinton's campaign stop in electing city. tomorrow i will be there. mark will be in cincinnati with donald trump. after that, we'll be with joe biden. coming up, on "bloomberg west," the manager of lockheed

john, overall, how did comey do? how did the republicans do and what is the bottom line now for hillary clinton? john: i will answer briefly. comey gave a master class in how you go up to capitol hill and deal with oversight committee hearing. he was calm, cool and confident and collected. authoritative. i thought republicans can do incredible job on such short notice. i thought the committee conducted themselves reasonably well. i don't think they advanced the ball very much politically. i think for hillary clinton this basically concludes the week of indictment. this hearing was in the balance good for her. not bad for her. she is very close to being this behind her. as a legal political matter. mark: i got one big negative to say about come and negative things to say about the republicans. let's take a look bit of look how comey did. which was on balance. for hillary clinton's point of view and own point of view very strong. >> i believe this investigation was conducted consistent with the highest traditions of th

this isn't going away for comey. he will get brought up to capitol hill to reexplain himself. >> i found that very interesting. what you just read is very much the kind of talking points for many of the republicans today. sean spicer, spokesman for the rnc, said exactly that. so many questions need to be answered. i wonder if it's politically smart of them to shift this on to comey rather than on to hillary clinton's judgment and making good decisions. that seems like a more durable criticism than suggesting that comey was acting sort of shady when people basically on both sides of the aisle say he's a very trustworthy guy with great integrity. >> not some republican spokesman but the republican nominee reacted by saying comey's rigged. this guy was the deputy attorney general for george w. bush, is very much regarded for his independence and you know, it's appropriate for the republicans to yell and scream about this, but again, in the long run, sort of the fundamentals of this, i don't think it's going to be seen i

comey, director comey gave a lot of insight into what the thinking was around this. he talked about some of the things that he -- carelessness on the part of hillary clinton and some of her team. no doubt some of that will be used. i think a lot of this will erase itself meaning the focus and the attention to this, as much as i think mr. trump and others may try to continue to gin it up, we move from it. furthermore, the most important point is the one you made leading into this or right before the commercial. if barack obama continues this kind of campaigning for mrs. clinton, secretary clinton, and they are able to reassemble the coalition, president obama's that he was able to build in '08 and strengthen in 2012, i think it's very very difficult for mr. trump and his team. largely because the demographics of the country continue to move in favor of democratsn many key states. if that turnout level is as high it's was in '12, it bodes well for mrs. clinton. i didn't mean to cut you off, mark. >> kellyanne, you are an attorney, adviser at the trump campaign. what is

jim comey didn't give us that opportunity. i don't believe that he's lying, but unfortunately by standing up and making this type of statement, clearly outside the realm of -- outside the bounds of doj rules, without actually providing any of that evidence, you know, he's put the clinton campaign in a really difficult situation in some points with his statement -- >> director comey has really put hillary clinton in a difficult -- >> absolutely true. >> i got to go. you know what? brit hume, our previous guest. you know what his saying is? winners take responsibility. >> she has. she has a number of times. >> first she refused to say it was a mistake. then she was like, oh, it was a mistake. >> she said it repeatedly. >> she takes responsibility like my kids take responsibility. >> i got to go. thanks to you both for being here. >>> speaker paul ryan is standing by. he's next to explain why he thinks this causes big problems for the future. plus we'll ask him about a new controversy for the trump campaign. >>> while democrats u