YOU’VE HAD THE HUNTER BIDEN
LAPTOP FOR TWO YEARS.
WHY HAVE YOU NOT DONE ANYTHING
WITH IT?
HERE WITH MORE, SCHOLAR,
CONSTITUTIONAL LAWYER, FOX NEWS
CONTRIBUTOR, JONATHAN TURLEY.
LET’S FIRST START BEFORE WE GET
TO THE WARRANT ITSELF AND THE
HISRY OF THE FBI AND THE DOJ
WITH DONALD TRUMP, I WANT TO ASK
YOU ABOUT THE PRESIDENT’S CLAIM
THAT THIS HAS BEEN DECLASSIFIED
ANYWAY.
YOUR THOUGHTS ON THAT.
THAT’S A BIG DEVELOPMENT THAT
JOHN SOLOMON BROUGHT UP TONIGHT.
>> IT’S A MAJOR QUESTION THAT
HAS TO BE ADDRESSED IF THERE’S
ANY SERIOUS DISCUSSION OF A
CRIMINAL CHARGE.
THE INCLUSION OF THE ESPIONAGE
ACT IN THE WARRANT WAS NOTABLE
BECAUSE THAT IS THE SAME BASIS
UPON WHICH HILLARY CLINTON WAS
INVESTIGATED FOR HER OWN
CONTROVERSY.
WHAT WAS NOTABLE ABOUT THAT IS
THE JUSTICE DEPARTMENT AT THAT
TIME SAID THAT THEY HAVE NEVER
HAD FAITH IN A GROSS NEGLIGENCE
BASIS FOR USING THAT STATUTE.
IT WAS ON THAT BASIS THAT THEY
SAID THAT THEY DECLINED A CHARGE
IN THE CASE.
SO THE QUESTION HERE IS WHETHER
THE FBI BELIEVES THAT IT HAS NOT
GROSS NEGLIGENCE BUT AN
INTENTIONAL ACT BY THE FORMER
PRESIDENT.
THAT GOES TO THIS DEFENSE.
NOW, THERE’S A LOT THAT WE HAVE
TO LEARN.
IF HE WAS DECLASSIFYING MATERIAL
AS WE’VE BEEN TOLD IN THE FINAL
DAYS OF HIS ADMINISTRATION,
THERE IS OBVIOUSLY A RIPE
OPPORTUNITY FOR MISTAKES TO BE
MADE BY HIM, BY HIS STAFF.
BY OTHERS.
USUALLY WHEN YOU DECLASSIFIED A
DOCUMENT, THE MARKINGS ARE
SCRATCHED OUT.
THERE’S A LINE DRAWN THROUGH
THEM SO THERE’S PHYSICAL CHANGES
ON THE FACE OF THESE DOCUMENTS.
WHETHER THAT OCCURRED AND
WHETHER ACTUAL DECLASSIFICATION
OCCURRED MAY BE AT THE HEART OF
THIS CONTROVERSY.
BUT THAT’S A VERY MUDDLED
RECORD.
BECAUSE THE PRESIDENT HAS
INHERENT DECLASSIFICATION
AUTHORITY.
THERE’S RELATIONS.
BUT WE’VE NEVER HAD TO LITIGATE
THAT QUESTION AS TO WHAT IS
NECESSARY FOR DECLASSIFICATION
TO BE VIEWED AS A LEGAL
CERTAINTY.
WHETHER THE PRESIDENT COULD HAVE
HAD A GOOD FAITH REASON TO
BELIEVE THERE WAS
DECLASSIFICATION, ALL OF THAT,
WE’LL HAVE TO WORK OUT IF THE
DEPARTMENT OF JUSTICE GOES
FORWARD.
>> Sean: WE HAVE THE ISSUE OF
THE TIMELINE, THE NATIONAL
ARCHIVES AND RECORD
ADMINISTRATION.
THEIR LETTER OF THANKS FOR ALL
OF THE COOPERATION OF THE TRUMP
TEAM AT MAR-A-LARGO FROM
FEBRUARY OF THIS YEAR.
THEN I THINK A VERY IMPORTANT
DATE IS JUNE 3.
BECAUSE YOU HAD THE FBI AND DOJ
OFFICIALS AT MAR-A-LARGO,
VIEWING THE BOXES.
THEY HAD ACCESS TO THEM THAT DAY
RIGHT THERE APPARENTLY LATER THE
PRESIDENT CAME AND MET WITH
THEM.
THEY ASKED THAT A PADLOCK BE PUT
ON THE STORAGE ROOM WHERE THEY
WERE BEING HELD.
THAT REQUEST WAS COMPLIED WITH.
I’VE HAD MULTIPLE PEOPLE TELL ME
THAT HEY HEARD THE PRESIDENT SAY
YOU’RE WELCOME BACK ANY TIME, IF
YOU NEED TO GET ANYTHING IN THE
STORAGE, FEEL FREE.
WE’LL ACCOMMODATE ANY REQUEST.
THAT DOESN’T SOUND LIKE SOMEBODY
TRYING TO HIDE SOMETHING, DOES
IT?
>> THAT’S THE REASON WHY FROM
THE VERY BEGINNING THAT WE SAID
WE NEED THAT AFFIDAVIT.
IF THEY WERE DISCUSSING A LOCK
ON A DOOR AND IMPROVING THAT
SECURITY, THE QUESTION IS DID
THEY ACTUALLY ASK FOR MATERIALS
TO BE MOVED TO A SECURE LOCATION
AT THAT TIME WHERE THEY REFUSED.
WHAT WAS THE BASIS FOR THEIR
ASKING FOR THAT ADDED SECURITY.
WE DON’T KNOW.
WE DON’T HAVE THAT AFFIDAVIT.
WHAT I CAN TELL YOU IS THAT
TSSCI MATERIAL IS HIGHLY
CLASSIFIED.
I WORKED WITH IT IN THE PAST.
WHEN YOU WORK WITH IT, YOU’RE
NOT ALLOWED TO BRING YOUR PHONE
IN TO A SKIFF.
SECURITY OFFICERS ARE RELUCTANT
TO MAKE ANY TYPE OF
ACCOMMODATION.
SO IF THEY BELIEVED THAT THERE
WAS TSSCI MATERIAL IN JUNE, IT’S
RATHER BIZARRE THAT THEY WOULD
WAIT THIS WHOLE TIME BEFORE THEY
MADE A MOVE OF THIS KIND.
>> Sean: JONATHAN, IT’S A
MYSTERY.
YOU’RE RIGHT.