LITTLE SCARY?
>> Tucker: I CAN'T IMAGINE.
THANK YOU.
>> HAVE A GOOD NIGHT.
>> Tucker: THE
STATE DEPARTMENT REPEATEDLY
STRUCK A DEAL WITH
HILLARY CLINTON AND HOME AMITY
AND THAT ALLOWED THEM TO REMOVE
FILES, HARD COPIES OF FILES
OF RECORDS THEY CLAIM FOR
PERSONAL AND KEEP THEM FROM THE
PUBLIC EYE.
THIS DOES NOT HAPPEN AND FEDERAL
AGENCIES TYPICALLY.
AND HE HAS THE DETAILS.
>> GOOD TO SEE YOU.
THE DOCUMENTS ARE TODAY SUGGEST
HILLARY CLINTON CERTAINLY GOT A
LOT OF SCRUTINY ABOUT HER EMAIL
SERVERS.
GOVERNMENT INCLUDING AT THE
STATE DEPARTMENT WHO HELPED TRY
OF A LAWSUIT BY THE CONSERVATIVE
STATE OF HERMAN ALLOWED CLINTON
AND TOP AIDES LIKE HOUMA
ABERDEEN REMOVE EMAILS BEFORE
SHE LEFT OFFICE BEAR THE CLAIM
AS THEY WERE UNCLASSIFIED
RECORDS AND THEY WERE PERSONAL
MATERIAL.
AND FAIRNESS, SOME OF THE
RECORDS WERE VERY OFFICIAL
SENDING RECORDS LIKE HER
SCHEDULE, HER CALL LOG, WHO SHE
SPOKE TO.
HUMA ABEDIN WAS ALLOWED TO TAKE
FIVE BOXES OF PHYSICAL MATERIAL
OUT OF THE STATE DEPARTMENT
HEADQUARTERS HERE IN WASHINGTON
INCLUDING A SET OF RECORDS
TITLED MUSLIM ENGAGEMENT
DOCUMENTS.
THESE RECORDS INCLUDED SO-CALLED
GIFT BINDERS.
WHAT JUDICIAL WATCH BELIEVES
THAT TO BE IS LISTS OF GIFTS
THAT THE CLINTON FOUNDATION
RECEIVED FROM VARIOUS DONORS
AROUND THE WORLD.
THAT COULD SHED SOME LIGHT NOT
ONLY ON THE GIFTS THAT WERE
RECEIVED, BUT THE ACTIONS TAKEN
BY THE STATE DEPARTMENT.
HERE'S THE KEY QUESTION TONIGHT
THAT WE DON'T KNOW.
WHETHER THERE WERE COPIES MADE
OF THESE RECORDS BECAUSE EVEN IF
SOMEWHERE IN THE STATE PERMIT
THAT WILL EVENTUALLY COME OUT.
>> Tucker: AND HENRY,
THANK YOU FOR THAT.
FIRST, WE WANT TO ASK ABOUT THE
CHANGES TO COMEY MEMO.
HOWIE DERSHOWITZ IS ONE OF THE
THE --
UP AT COMEY WHICH WAS WRITTEN
TWO MONTHS BEFORE HE READ IT AND
TWO MONTHS BEFORE THE FBI
EXONERATING SOMEONE FOR THE
INVESTIGATION HAD CONCLUDED?
>> DOES ANYONE ONE TO LIVE A
JUDICIAL SYSTEM WHERE ONE'S
IT WOULD BE SPLIT 50/50.
THESE RULES ARE ABSURD THE WAY
WE CRIMINALIZE CONDUCT USING
TERMS LIKE THAT THAT ENDANGER
EVERYONE.
ALSO, LET'S LOOK AT THE OTHER
STATEMENT, CALLING HER EXTREMELY
CARELESS, MAY VERY WELL HAVE
CONTRIBUTED TO HER LOSING THE
ELECTION.
COMEY WAS NOT HER FRIEND, HE WAS
PERCEIVED TO BE SOMEBODY WHO IS
TRYING TO STRIKE AN APPROPRIATE
BALANCE.
WHAT I THINK HAPPENED HERE IS
ULTIMATELY, COMEY, NOT ANYBODY
ELSE, MADE THE DECISION THAT SHE
SHOULD NOT BE PROSECUTED.
THAT'S WHY THE WORDS WERE
CHANGED BECAUSE IF HE HAD SAID
THAT SHE WAS GROSSLY NEGLIGENT,
PEOPLE WOULD SAY MY GOD, THAT'S
A CRIME.
HE ALREADY MADE THE DECISION
BASED ON THE FACT THAT NOBODY
HILLARY CLINTON, HER CONDUCT --
THAT WAS IN HIS STATEMENT.
I THINK IT'S THE RIGHT DECISION
AND I THINK THE CHANGE OF THE
LANGUAGE WAS DESIGNED TO SIMPLY
SUPPORT THE DECISION.
NO DECISION SHOULD EVER BE MADE.
>> Tucker: DROVE THE
CONSTITUTIONAL SCHOLAR, BUT
CONGRESS HAVE OVERSIGHT AND THEY
ASKED A REALLY SIMPLE QUESTION,
WHO MADE THESE CHANGES?
ISN'T THAT UNCONSTITUTIONAL?
>> THEY SHOULD BE ABLE TO.
OUR SYSTEM IS CHECKS AND
BALANCES.
IT CAUSES CONGRESS TO SUBMIT AND
SEPARATION OF POWERS, BUT CHECKS
AND BALANCES ALLOWS THOSE TO
>> Tucker: INTERESTING.
WHAT DO YOU MAKE OF THE DEAL
ABEDIN TO TAKE FILES OUT OF THE
BUILDING AND PREVENTED THOSE
FILES FROM BEING SEEN?
I'VE NEVER HEARD ANYTHING LIKE
THAT, HAVE YOU?
>> ROUTINELY, PEOPLE WHO SERVE
AS SECRETARY OF STATE ARE GOING
TO WRITE BOOKS AND THEY
ROUTINELY TAKE MATERIAL HOME
THAT'S PERSONAL, USUALLY IT
COPIES ARE MAINTAINED AT THE
GOVERNMENT AGENCY.
I WOULD EXPECT THAT COPIES,
IT'S WORTH ASKING ABOUT, BUT I
WOULDN'T JUMP TO ANY
CONCLUSIONS.
AGAIN, I DON'T WANT TO SEE
MINERALIZATION BECOME THE FIRST
RESORT.
IF WE DON'T LIKE WHAT SOMEONE
DID COME OUT LOCK HER UP.
WE SEE THAT TODAY.
>> Tucker: I AGREE WITH YOU
BUT HUMANLY ON THAT.
I DON'T THINK THAT JUST BECAUSE
WE DON'T LIKE SOMEONE THAT THEY
SHOULD BE PUNISHED BY THE RULE
I THINK WHY EVERYONE IS SO SPUN
UP AND THREATENED IS BECAUSE A
LOT OF THIS IS OPAQUE.
ON WHAT GROUNDS COULD YOU HIDE
YOUR PUBLIC SCHEDULE?
>> YOU SHOULD NEVER BE ABLE TO
DO THAT.
OUR GOVERNMENT SHOULD BE
DISCLOSING EVERYTHING.
EVERYTHING IS SUBJECTIVE UNLESS
THERE'S AN OVERWHELMING NATIONAL
SECURITY REASON FOR KEEPING IT
TEMPORARILY SEALED.
NOTHING SHOULD BE PERMANENTLY
SEALED AND I THINK TRANSPARENCY
TRUMPS PRIVACY WHEN YOU'RE A