a political issue and we already heard that from the speaker of the house today questioning whether the fbi was going in the right direction on this, ashleigh. >> saying the announcement defies explanation. joe johns, thank you for that. i'm going to turn things over to wolf blitzer who continues our coverage. hello, i'm wolf blitzer in washington. wherever you're watching from around the world, thanks very much for joining us. we start with breaking news. the fbi's assessment that there should be no charges, no criminal charges against hillary clinton in the investigation into her use of a private e-mail server during her four years as secretary of state. but while that would seem like very good news for the clinton campaign, the fbi director james comey did not go easy on her at all when he laid out the case to the american people. listen to this. >> although we did not find clear evidence that secretary

clinton or her colleagues intended to violate laws governoring the handling of classified information, there is evidence that they were extremely careless in the handling of the very sensitive and highly classified evidence. we also developed evidence that the security culture of the state department, in general and in with respect to the use of unclassified systems in particular, was generally lacking in the kind of care for classified information that is found elsewhere in the u.s. government. we assess it is possible that hostile actors gained access to secretary clinton's personal e-mail account. as a result, although the department of justice makes final decisions on matters like this, we are expressing to justice our view that no charges are appropriate in this case. i know there will be intense public debate as there was throughout the investigation. what i can assure the american people is that this investigation was done honestly, competition tebtly and

independently, no outside influence of any kind was brought to bear. >> at the same time comey was making this announcement, hillary clinton was on stage during an education event. now her campaign has just issued this statement, very brief. "we are pleased that career officials handling this case have determined that no further action by the department is appropriate. as the secretary has long said, it was a mistake to use her personal e-mail and she would not do it again. we are glad that this matter is now resolved." donald trump reacted on twitter very quickly. he tweeted this "fbi director said crooked hillary compromised our national security. no charges. wow! #rigged system." and general petraeus got in trouble for far less, very, very unfair. as usual, bad judgment.

right now, hillary clinton is preparing to leave washington for north carolina. moments ago, we saw her board air force one at joint base andrews right outside of the nation's capital in maryland. clinton and president obama will fly there together on his plane. this will be the president's first joint campaign appearance with hillary clinton. that takes place this afternoon. let's bring in our cnn justice correspondent evan perez who has been reporting on all of this along with david chalian, washington bureau chief jackie kucinich and jeffrey toobin. evan, 110 of the e-mails they found, according to the fbi dire director, were classified, contained classified information, whether confidential, top secret special access programs. that's a pretty damning indictment. >> that's right, wolf. we've known for a time that agencies that own those pieces of classified information had

gone to the state department and said this information is classified. and among the 110, we really should focus on seven e-mail chains that comey talked about. these are e-mail chains in which hillary clinton is responding and participating conversations with her aides and people who work for her and those that -- those e-mail chains that contain special access programs, highly classified information. so what comey is saying is she should have known even if she's saying that she did not knowingly send classified information, this is what she's been saying on the campaign trail. she should have known that this is not the appropriate place to be having these types of conversations. >> she has made the point for months and months that none of the information on the e-mails was marked classified with either sent or received. >> and that doesn't matter. >> but he says some of those e-mails were in fact marked

classified. it's a very small amount that indicated the presence of classified information but then he says but even if information is not marked classified in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect. >> that's exactly right. this information is classified no matter whether or not it says classified at the top of the e-mail. this is information given her place that she serves in the government, where she served in the government at the time. she should have known that this was not the place for it. again, it will probably cause her to have to address that big part of her explanation of what occurred here. let me just step back a little bit real quick. what happened today is without precedent. this is not something that the fbi does. they don't go out and say publicly what their recommendation is to the justice department. this just reflects the unusual nature of this case, obviously, and the fact that you have a

sitting or the leading contender the democratic nomination who had to be interviewed by the fbi on saturday this last weekend. this is how unusual this case is. they thought it was necessary to put it out there to make sure that people knew what was going on. >> very strong statement from paul ryan, david, the speaker of the house, the top republican in congress. let me read it to you and then we'll assess. "while i respect the law professionals at the fbi, this announcement defies explanation. no one should be above the law. but based upon the director's own statement, it appears damage is being done to the rule of law. declining to prosecute hillary clinton for recklessly mishandling and transmitting national security information will set a terrible press debt. the findings made clear that secretary clinton misled the american people when she was confronted with her criminal actions. while we need more information about how the bureau came to this recommendation, the american people will reject this troubling pattern of dishonesty

and poor judgment." that's a pretty tough statement from the speaker of the house. >> it is a tough statement and i think the subject in that statement is, donald trump, this is how you're going to prosecute the argument against hillary clinton going forward. don't get distracted by anything of your own doing. this is where the message should be. paul ryan was clear about that. obviously this has political rhetoric in this. he calls it criminal actions. james comey came out to say there's not evidence here that should suggest any prosecutor should take this case up in any way. in fact, the recommendation that he's making to the department is that charges not be brought. obviously paul ryan is playing a bit of politics with this but i do think that you have to separate the legal from the political here, wolf. hillary clinton had a big win today. in the sense that this was a major cloud hanging over her head heading into her convention and trying to launch the fall campaign with sort of rocket boosters the way she's trying to

do, travel with the president, what have you, this is removing a big threat of the criminal charge. presidential elections are not fought in courtrooms usually other than in 2000 but they are fought in the political arena and the damnation of her judgment, carelessness is not a word that any presidential candidate wants associated with them, so, yes, perhaps someone else she was running against, this would have a different political calculus and she got a win because a big threat was taken away. there were words that came out of james comey's mouth that could be seen in an ad for republicans this fall. and the fact that political powers, limited security with not just one server but private servers that were hackable, if that's a word, even that kind of statement by the fbi director saying what was the secretary of

state thinking, that's going to have political ramifications. >> we should get used to the words extremely careless because that's going to be said again and again and again by republican candidates as well as donald trump. they are going to try to refute that she's untrustworthy and that she played by a different set of rules than other people. comey basically came out and said that other people faced with this level of issues might have some legal ramifications but he said that's not going to happen. those are negative narratives that they weren't able and back out there. >> in the statement from the clinton campaign, they concluded that we are glad that this matter is now resolved. technically, it's not necessarily completely resolved although it's like likely to be because the justice department has to make the final decision,

right? >> that's true, but i've never heard of a situation where given a clear recommendation from the fbi not to file charges, the u.s. attorney or the federal prosecutors involved overruled that and wind up filing charges. so you're right, as a technical legal matter, the justice department lawyers have the last word. but i can't envision any situation where a prosecution comes about now. >> have you ever seen anything like this before? >> well, this is really unusual. when the fbi does an investigation, they either put up or shut up. they either say we're going to court, we're prosecuting, or they simply close the investigation. in certain rare situations there are announcements from prosecutors or the fbi that no charges will be brought and that he did an investigation of

governor cuomo in connection with the shutting down of a different investigation. he announced publicly that he would be no charges and what james comey did today was outline in great detail the nature of the investigation, what was done, what the evidence was and why they weren't going to file charges. frankly, i think as someone who was interested in transparency in government, people should be pleased that director comey, for better or worse, may disagree. paul ryan disagrees with the conclusion but i think everyone is better off because the director said, look, this is what i did and this is why i did it. >> very quickly, evan, because washington is a city of leaks, as we all know. there's a possibility, as you know, you covered the fbi and justice department, there could be a minority of fbi agents who

disagree with this final conclusion. here's the question. are we going to get that dissenting view? >> there are people who thought that this was severe enough that it merited very, very tough treatment and so we might hear about that. but clearly, you know, and the other unusual thing is that the fbi is usually pushing for prosecution and the justice department is on the other side of the street saying, wait a minute, we don't have enough evidence. that's also very unusual. i suspect, though, the way this was handled, james comb kney wa overseeing this personally. there was a small subset of people that knew exactly what was being done. >> and he's highly respected given his long career as departmedeputy attorney of the united states. the fbi called hillary clinton and her state department staff extremely careless. those were the words of the fbi

director. extremely careless. this cast a shadow over what was supposed to be a grand party later today, that be president obama hitting the campaign trail for the first time with hillary clinton. just a few moments ago, she boarded air force one at joint base andrews in maryland outside of washington, d.c., and we're waiting for the president to arrive. he's expected to arrive on marine one shortly and go aboard air force one to fly to charlotte, north carolina, for this joint campaign event. let's go to michelle kosinski. she's on the ground in charlotte for us. hillary and president obama are going to have plenty of time to talk about this during the flight on air force one. but does this complicate their joint appearance for the president and the former secretary? >> reporter: it's tough to imagine a more dramatic course of events for the president's first day out on the campaign trail, something the campaign has been waiting for, something that the white house has been asked about for months. you might even say it's perfect

timing for the white house. first, to have the question mark removed, to have the possibility of criminal charges against the former secretary of state essentially removed, can you imagine them standing on that stage side by side if that were the case and how they would have to address it. but what the fbi said was not exactly good either. so i think what the president can do now, we'll see how hillary clinton chooses to address this. we saw a statement. remember, she had an appearance in d.c. before boarding air force one with the president. she did not mention it. but now they will be on the stage together and the president can allow her to address it or make reference to it however she would like and the president can kind of remain on a different level. he can focus on her qualifications, on her record, on her values and leave it at that. the white house is going to be

ready for that and have a reaction to it and that we expect the press secretary to meet with reporters any minute now, wolf. the white house has focused on the past is that it was a mistake, she's reiterated that, that she's moved on from there. they can focus on what the fbi reiterated that there was no evidence of intent in the mishandling of information. wolf? >> just a lot of other evidence that it should never, ever have happened. all right, michelle, stand by. we'll get to you. evan, very quickly, because it was sort of powerful when i heard the commercial e-mail accounts like g-mail and what her private e-mail server was providing for her as four years of foreign powers, if you will,

trying to hack into what she was doing. >> that was the important focus, to find out if there's any proof of anybody hacking into it, stealing the classified information, especially spy agencies from russia and china, most active in this space. he said that there was no indication or proof of that. however, these guys are so good that they wouldn't leave the trails behind. we've reported that before, wolf. what he's saying is that it is possible that these foreign spy agencies did hack in and left no trail. previous secretaries of state have used e-mail. colin powell used a private account, a g-mail account. hillary clinton set up her own server. no security that even compares to what classified or what commercial services use. >> if the north koreans or chinese or russians or a foreign

power hostile to the united states -- >> we wouldn't even know. >> we wouldn't know if they did but left the impression that they probably did, they probably had access and it was probably easier to hack into her e-mail account than it would have been to hack into a private g-mail account. >> right. he's also saying that there were breaches of some of the people she corresponded with. so, again, the highly likely possibility that someone did get in there is still present there. >> guys, stand by. there's more to assess. we're following the breaking news. much more on the fbi's findings on hillary clinton's e-mail server. we'll talk about whether this will have an impact on her race against donald trump. also, air force one, hillary clinton is already on board and the president is getting ready to land at andrews momentarily aboard marine one. we'll have live coverage for

you. lots going on. we'll be right back.

live from washington, d.c., hillary clinton has boarded air

force one. the president, we're told, has just left the white house aboard marine one heading over to joint base andrews. he'll be landing at andrews momentarily. he'll board those stairs and see hillary clinton on that flight, a very short flight from here in washington to charlotte, north carolina. he'll be on the stage there two hours from now in north carolina. the fbi's very dramatic recommendation that no charges should be filed against hillary clinton in connection with her private e-mail server. as we await the arrival of the president, let's bring back in david chalian and jackie kucinich. no charges being filed but very damning information contained by james comey against hillary clinton's decision to use multiple servers. it's going to have enormous

political fallout in the weeks and months to come all the way until november? >> it will probably have some. remember, the universe of persuadable voters, undecided voters that are persuadable, it's a pretty small universe of voters. so if you are one of those voters, you heard two things today. hillary clinton is not being charged with any criminal wrongdoing or likely not to be charged if the department accepts the fbi's recommendation and you heard that she and her team were extremely careless in the way that this was set up. so if you haven't already fallen into one camp that says she should clearly be in jail or pure partisan targeting of her and has no bearing in this investigation and it shouldn't happen, if you're not in one of those camps, you've heard information today that will likely have some impact in how you think about her going forward as you make your decision. >> but the republicans and donald trump, they are not going to let up between now and november on this specific issue. when i say it could have enormous impact, they will try

to make sure it has an impact. >> without a doubt. this will come up time and time again. as jackie said earlier, the words "extremely careless," that is going to appear everywhere. there's no doubt about that. the clinton campaign, you have to remember from their point of view inside brooklyn, right now we're living a day of relief. james comey had very troubling words for them that they are going to have to deal with and get through the relief of the fact that there were no criminal charges which hillary clinton predicted that there will not be. i think that there are going to be lingering questions and even though she's already apologized for setting up the private e-mail system, i think she is likely going to have to continue to express that in light of jim comey saying there's basically an issue of judgment here, carelessness. that's judgment. and i think raising that at the same time that your political opponents are making a judgment argument against you is going to require her to probably -- she

can't turn her back and say this is done, there is clearly some more work for her to do here. >> you see marine one about to land at joint base andrews on the south lawn of the white house. the president of the white house aboard marine one right now. he'll be getting aboard air force one. hillary clinton is already on the plane for the flight to charlotte. it's pretty unusual, you know, the former president meets with the attorney general the other day, it cause as big stir, then hillary clinton spends 3 1/2 hours answering questions during an interview with the fbi and today, the day after july 4th, the fbi director comes out and surprises us and even officials at the justice department and said that there was no coordination on the timing and announces no charges are being filed. >> ode to be a fly on the wall in air force one. jake sullivan, her adviser, who

served with her at the state department, yes, this was supposed to be a giant party. obama was going to go speak and really rally the base. that hasn't been able to come out for some other candidates around hillary clinton and now they have this pall that has set over her campaign, they are very happy that she's not being charged with anything but that said, this is an issue that is going to hang over this event today. >> you're saying it could have been a lot worse if he had made a different decision that may have ended her presidential campaign if he had come out and said we're recommending charges be filed. at least she can go forward and she has this hovering over her. donald trump's campaign will make a big issue of it. we'll see how she handles it. do you think her speech coming up in an hour and a half from now at charlotte, she's going to address this issue? we saw the brief statement released by her campaign. >> i would be shocked if she addresses this on the stage with

the president in north carolina. i think she wants to do her best to turn the page from this morning and really celebrate this moment with the president. you've got to remember what is happening. the president is at some of his highest approval ratings of his second term. he slipped away from them in 2012 and it's all about building the obama coalition and so for him to get up there and the clinton campaign released a brand-new video having barack obama talk about hillary clinton, praising her for joining that team of rivals, that it takes somebody with high character to drop the competition of their campaign and actually come and be a loyal soldier for him and i think you're going to hear from him a journey that he took from clinton foe to clinton cheerleader. i don't think she wants to cloud any of that with james comey's announcement. >> unless she does an interview with someone, that journalist is

going to ask and get a reaction and go through the specific points. i suspect we're not going to necessarily be hearing from her although she might decide get it over with, do it and move on with it. what do you think? >> they haven't gun a lot of proactive thing like that in the past. it's 2016. anything is possible. david is right. this is going to be a celebration about why obama thinks hillary clinton is the right person to continue his legacy because that's what this is about as well. it's about continuing his mission as the head of the democratic party. >> this is marine one. the president of the united states is aboard marine one. it's just landed at joint base andrews outside of washington, d.c., and the president will get off of marine one, make that short little walk over to air force one, board air force one for the flight to charlotte, north carolina, for his first joint appearance with hillary clinton, the presumptive democratic presidential nominee. do we know the format of the

event, david, in charlotte? i assume the president will speak and hillary clinton will speak second. is that your understanding? >> i haven't seen who will introduce whom and who will speak first or second, that format. but it is -- it would be, i think, customary in this scenario where hillary clinton may want to introduce the president of the united states and have him say a few words and we'll see if he just takes the stage without that. the other thing i want to note here, you've got to remember, these are the two biggest speakers in the democratic party. >> the president is now walking over to air force one. he'll board that air force one and make a very short flight. but go ahead. finish your thoughts. >> hillary clinton is already on board and these two people have not campaigned in a political context on the campaign trail since she last did nearly eight years ago for him. and so we saw that briefly between july and november of 2008 but it will be interesting to see them together in this context. most of what we saw obviously in

the first term was a much more official capacity than as secretary of state. >> and for hillary clinton, jackie, to be elected president of the united states -- there's the president boarding air force one right now with a traditional wave, she really needs to recreate as much of that obama coalition as possible and get that enthusiasm out there in order to beat donald trump. >> absolutely. the president hasn't been able to transfer that to really anyone else as of yet. so he's going to make a big push for that. again, as i said earlier, it's not only about him or her or his legacy but keeping things that he's done in tact because the republican congress, if that doesn't flip, very much could be undone under a republican president. >> because he won decisively in 2008 and 2012. if she's going to win in 2016, she needs that obama base on board. >> african-americans, latinos, single women, there's no doubt about that. part of this trip also is very much focused at college educated

whites where she's really trying to -- she won't win the white vote. we haven't seen a democrat do that. but the notion of the difference between working class, noneducated college whites, we've seen this election going to a place like north carolina to rally the college educated whites as well. we know that pieces of those coalition, their turnout numbers do go up. barack obama's mission is to ensure for his own legacy, foir hillary clinton's victory, is to ensure to get those groups to turn out in larger numbers than they do -- than they have in the past. >> guys, stand by. the president is now on board air force one. hillary clinton is on board air force one. they are getting ready to fly down to charlotte, north carolina, for their first joint appearance out there on the campaign trail. we're going to continue to watch all of this unfold. there's other breaking news we're watching right now. u.s. officials now say isis,

they insist, is losing ground in iraq and syria but they clearly -- isis we're talking about, the isis terrorists, they have stepped up their attacks around the middle east. is this a change in strategy? we'll assess that and continue to watch the race for the white house much more, right after this. well, it was nice to see everyone.

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together, we're building a better california. welcome back. air force one is getting ready to take off outside of washington, d.c. the president of the united states is on board. the presumptive democratic presidential nominee hillary clinton is on board as well. they will have their first campaign appearance in an hour

and a half, two hours from now in charlotte, north carolina. the president just boarded moments ago. air force one is getting ready to take off. we'll have extensive coverage on that. james comey recommended that no criminal charges be filed against hillary clinton for her use of private e-mail servers during her four years as secretary of state even though you offered very damning criticisms of her using her personal e-mail server. stand by. much more on the race for the white house coming up. but there's other important news that we're following right now. the holiest month of the year for muslims is coming to an end and while this is normally a very festive month. let's talk about this and more

with ben wedeman joining us live from baghdad. it's worth noting that cnn is the only american network that is live in baghdad right now. also joining us, our international diplomatic editor nic robertson joining us from london. ben, the weekend bombing in baghdad that killed at least 215 people, the single deadliest attack in iraq since 2003, the political fallout must be enormous right now. what's the latest? >> the defense -- the interior minister, wolf, submitted his resignation today saying that he's doing so because of shortcomings in coordination between iraq's various security services. we don't know if the prime minister al abadi has accepted that resignation but the interior minister is being widely blamed for the bomb that went off saturday night killing

more than 215 people. the government is scrambling to create the impression that it's trying to improve security in the capital. overnight, they executed five isis members and said that there are 3,000 others on death row that they would like to execute as quickly as possible as soon as the proper legislation is passed. in the meantime, the government has also imposed much stricter security in and around the capital there. they are studying ways to improve it further. the prime minister has banned the use of these bogus bomb detection devices that have been used throughout baghdad for years now by private and government security, even though two years ago the man who ran the company in the uk that produced them was sentenced to ten years for fraud because it was found that these things did

not work. nonetheless, the iraqi government departments have continued to use them until just the other day. so many people are wondering why it took the government so long to do that, how it was that the government led its guard down, allowing this car bomb, this truck bomb into the city. so it appears that there's a lot of pressure mounting on the government of al abadi. >> the number of suicide attacks in iraq have killed if not hundreds but thousands of people. it's an awful situation right now. in saudi arabia it's a bad situation right now as well, nic. you've been covering this for us for a long time. three suicide attacks in 24 hours yesterday. the deadliest occurred in medina where four people were killed. this is also the city where the prophet muhammad is buried. why target one of the holiest

places in islam in the name, supposedly, of islam? >> wolf, there's a very simple reason for this. there is no claim of responsibility yet. everyone i'm talking to in saudi says this points to isis and certainly looks like isis to me. isis has a stated goal. they are trying to overthrow the saudi royal family to target medina is a massive embarrassment on the international stage for the saudi king. the saudi king is known as the protector of islam's two holiest sites. medina is one of them. millions of muslims every year come to a pilgrimage and saudi arabia's king will be essentially embarrassed about i this. the target there turned out to be saudi security officers there. you could target them anywhere in saudi arabia. so it's clear that this city was picked to send a message. the message is to the royal

family. we're trying to undermine you. that's a narrative that isis has been pushing for a year or so in saudi, wolf. >> let me go back to ben in baghdad for us. you know that situation very well. you've been to iraq many times, going back to overall of these years. most of the u.s. troops left by the end of 2011, although there's been a build-up since then approaching 5,000 u.s. troops back in iraq, even as we speak. here's the question. does the iraqi military, which has proven to be inept, do they have the ability to get the job done by themselves? >> by themselves it would be difficult but i think what we have seen is over the last two years. remember, in june 2014 when isis took over mosul with a relatively small force of a few hundred men compared to well over 10,000 that the iraqi army

had there and they were basically on the verge of collapse, since then, they have come back. the united states has spent and its coalition partners has spent a lot of money and time in reequipping and organizing the iraqi army and what i have seen in takrit and ramadi is that in the last two years there has been a very palpable improvement and they've gotten a lot more training and retook fallujah in just five weeks. it was expected to take much longer than that. it wasn't always a clean job. it was messy and there's been a lot of destruction in the jobs that they have retaken. but they have retaken fallujah, ramadi and takrit. they are preparing to go after the city of mosul, which is, of course, the second largest city

in iraq. they are doing so in coordination with the peshmerga, the kurdish forces and what we saw at the so-called liberation operations room outside of mosul. there are american advisers, british advisers, american and british trainers as well. so there has been an improvement and they are regaining ground. it's important, as we focus so much on these recent attacks by isis, that, in a sense, this is what happens when an organization like isis is cornered like a wild beast and it's striking back. but it is losing ground and this is their way, isis' way of showing its supporters that it is still a relevant organization. wolf? >> and briefly, ben, i want to show our viewers, when i saw the images of the buildings blown up, you can see on the left the destruction in baghdad over the

weekend. take a look on the right. it reminded me of the federal building in oklahoma city, the federal office building blown up back in 1995. you can see the destruction in both of those buildings. i take it, ben, you've been there, you saw this destruction. is it as enormous, more than 200 people killed, but whole buildings were simply blown apart? >> it's more the damage from the fire than the blast itself, which was large but if you saw the initial pictures that were taken, cell phone video right after the explosion, the place looked like a vision of hell. flames 360 degrees and certainly that is what caused the most destruction and the most death. we talked through those shopping malls on both sides of the road and there are just charred body parts everywhere. they are still being collected.

but as we know from the iraqi police, they have well over 80 bodies that are burned beyond recognition. wolf? >> ben wedeman on the ground for us in baghdad, nic robertson, thanks to you as well covering the horrendous situation unfolding throughout the region in the middle east, north africa. much more coming up. also, more on the major announcement by the fbi that it will not recommend criminal charges be filed against hillary clinton for her handling of the e-mails, her private e-mail ser servers while she was secretary of state. much more after this. erals. for the strength and energy to get back to doing... ...what you love. ensure. always be you. i found her wandering miles from home. when the phone rang at 5am, i knew it was about mom.

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switch to liberty mutual and you could save up to $509 call today at see car insurance in a whole new light. liberty mutual insurance. let's get back to our top story this hour. very dramatic decision by the fbi on the investigation of

hillary clinton and her use of private e-mail servers. the fbi director said there were multiple servers that she used during her four years as secretary of state, all private. here's what comey said. >> although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. >> let's get some more analysis. joining us now, our justice correspondent, he have been perez, doing excellent reporting on this. and our senior legal analyst, jeffrey toobin, joining us from new york. fbi director basically made the case that someone should have told secretary of state, madam secretary, this is crazy. don't do this. at one point he said in his statement that there were seven e-mail chains that concerned matters that were classified at the top secret special access program at the time they were sent and received. that special access program is

higher form of top secret. >> right. programs like the drone program which we obviously discuss all the time but which are still at the highest level of classification and which you just are not supposed to -- >> where was her staff? why didn't they tell her, madam secretary, don't do this? you need to go to dot goj where there is greater security. >> i think obviously a question of her judgment, but someone at this level should surround herself with staff that tell her, don't do that, madam secretary. it is clear nobody on her staffs serves that purpose to check her to say, no, this is not a good idea. at least nobody did at the time this e-mail setup was made. the director's saying essentially that, look, there's plenty of evidence here of violating the law. the question is whether it was willful and intentional to violate the law. that's where there is not enough proof for prosecution. >> he said they couldn't find that it was deliberate, although

it was clearly a major blunder. jeffrey, when you take a look at all of this -- you are a former -- you worked in the justice department. you know this. when he says that there was not enough hard evidence to go with criminal charges, there still was a lot of damning information that if she were like still serving in the u.s. government, they would have at least disciplined her, taken away her security clearances, for example, if she were just a regular government employee. >> you know, that's true, wolf. there is all sorts of bad behavior, of misconduct that is not criminal. i think that's a good thing for our country. we want criminal charges to be reserved for the most egregious wrongdoing. but it is also true that this whole operation, this whole idea that she could have, as secretary of state, this separate e-mail system, was just a terrible idea. and you suggest that someone on her staff should have alerted

her. well, that's true. but i think, in a way, that takes away the responsibility from hillary clinton. she's a veteran government employee. she was the first lady. she was a united states senator. she had to know that so much of what she discussed as secretary of state was arguably classified. and she should have known that she should never have been discussing it on this system that she set up outside the state department. i mean it is just so inexplicable, and so unnecessary. just the idea that she created this problem for herself by presumably trying to be too clever, whether it was getting around the freedom of information act or getting around later subpoenas. i mean she obviously -- all she has done is made the situation much, much worse. fortunately for her, not criminal. >> not criminal but clearly a very, very serious set of complaints issued today by the fbi director.

all right, guys. stand by. we'll have much more on this. other breaking news we're following right now, that egyptair crash that killed 66 people. we have new information about a fire on board. stay with us.

we have breaking news now on the crash of egyptair flight 4 804. the cockpit voice recorder indicates there was a fire on board. richard quest joins us live from london. what do we know? update our viewers. >> reporter: what we know is that the cockpit voice recorder is now confirming the same data scene on the flight data recorder which has already confirmed what the satellite warnings, the radio warnings, the acars, there was smoke in the avionics, there was smoke in the lavatory and that there were a variety of other warnings. so wolf, we now know, though we haven't seen a transcript, but the authorities and egypt are saying that the cockpit crew were dealing with some sort of fire on board the aircraft. of course they are not saying,

and they are not telling us or discussing, what might have caused that fire. and that remains of course the absolute top question. >> so the question is whether that fire started as a result of some mechanical failure on the plane or was the result of an individual starting that fire. we don't know the answer to that. >> reporter: we do not know the answer to that. but i think what we can now say is, when we got those first early warnings, there were questions of whether they were condensatio condensation, were they accurate, was it a malfunction of the technology. we now know that there was smoke and i assume -- pardon the obvious -- there's no smoke without fire. we now know there was smoke and there was fire on board at the front of the aircraft, wolf. so not necessarily near the fuel sections. not necessarily a fuel related fire. but we don't know what caused it and we don't know whether it was avionics related, mechanical or, since it was by the toilet, had it been done by somebody. that is -- and also there is one

other point, wolf. we know from some of the wreckage that has been pulled out of the water that there is sooting and smoke damage. so, yes, there was a fire on egyptair 804. >> richard quest reporting the very latest. we'll stay on top of it. m that's it from me. the news continues right now right here on cnn. thank you so much. great to be with you on this tuesday. i'm brooke baldwin. you're watching cnn. breaking news today. wow. hillary clinton. we have learned from the fbi, exposed top-secret information to hackers, extremely careless in her use of personal e-mail servers, use of personal devices. the headline is that the fbi is not recommending charges for what she did. fbiir