facebook.com/thekellyfile. let me know what you think. was it a genuine moment with hillary clinton? i mean, it seemed she was upset. let me know what you think. this is the kelly file. tonight. >> i was not thinking a lot when i got in. >> a second government review, in fact confirms hillary had top secret information on her private e-mail server. >> i didn't really stop and think. what kind of e-mail system will there be. >> mark steyn is here with information. >> i think this is detectivasta to her campaign. >> the kentucky clerk that was jailed because of her religious beliefs has been set free. mike huckabee is here with reaction. >> lock me up if you think that's how freedom is best serves. donald trump surges past

hillary clinton in a brand-new poll. laura inkrogram has more. all that and more on the black lives matter movement. "hannity" starts here, right now. welcome. a second review of hillary clinton's e-mails by two government intelligence agencies confirm that top secret information was on her private server and that the information was classified at the time she received it. earlier tonight, clinton apologized for her e-mail scandal. watch this. >> that was a mistake. i'm sorry about that. i take responsibility. and i'm trying to be as transparent as i possibly can. >> joining us now with more is ed henry. it was the top secret designation, the highest classification available. she denied this repeatedly. why the turn around? >> this is an independent review by the intelligence community. she's not admitting there was no

top secret information. the intelligence community is bolstering their case, as they previously said in the first review they believe there was classified and in a couple of cases top secret information. this is challenging her narrative again. that's why she's doing these interviews. the abc part about saying i'm sorry. she's trying to clean up friday's interview with nbc news where she stopped short of an apology and said she was sorry this had been confusing to voters. also at work, is after joking about her e-mail. she's trying to show a more contrite tone in the interviews. her campaign admitted this is part of a poll tested approach. after a recent focus group where voters said they wanted to hear more on the e-mails. they decided to get more transparent and she taking more questions from the media. officials admitting they want to bring more spont nayty to what has been a cautious campaign.

veteran democratic strategist david axelrod said her plan read more like the onion. to show that more spontaneous side clinton retweeted an ms nbc clip of her. that may have been off message, especially as you say on a day when we're learning the second review by the intelligence community is saying there was, in fact, classified information in that server. >> are we supposed to believe this "new york times" piece points out she wants to show more humor. >> i don't look at her and think chris rock, larry the cable guy or jimmy kimmel. it sounds manufacturing. i'm not surprised that david axelrod thinks it's silly. >> i think that's what he's trying to get at. you remember george h.w bush

saying message i care. you don't come across as authentic. same problem for richard nixon. hillary clinton has a problem connecting with middle class voters, even as she pushes a middle class message. that's why the campaign is worri worried. >> remember, the words that come out of people's mouths that describe her were not very flattering. first word was liar. let me ask you about the state department employee that was being paid to monitor the server that was in the closet of the bathroom of the mom and pop organization that will plead the fifth. what do we know about the employee? did they report the income to the state department? >> that may be one reason why he took the fifth. the early reporting we've done suggests he did not report to the state department or federal government. that he had made extra money on the side. that's by a reason why he's told congress and the fbi that he doesn't want to testify because of fear of self-incrimination. we don't know the full story.

we only know part of it. the other issue is don't forget what happened on labor day. vice president joe biden was on the campaign trial and was hearing from voters run, joe, run. she said go talk to my life. suggesting the door is open but he's trying to get his wife on board. >> thanks so much covering the clinton campaign for us. the author of a brand-new book joins us. mark steyn is with us. i don't know what to think of this. this campaign is in significant legal trouble. you have the poor clerk in kentucky we'll talk about in a second. the perp walk, put in jail. now we've got hillary clinton's campaign saying they want to show she's funny. i don't look at hillary clinton and see larry the cable guy. i don't see chris rock. i just don't see it. >> i actually, as david axelrod pointed out, it's hilariously

funny to have your campaign spokesman announce you're planning to be more spontaneous. i gather that hillary's director of spant nayty has director she's going to be spontaneous. this thursday at 2:00 p.m. at bud steiner in new hampshire. if you're there, you'll get the chance. you've underground the background check you'll get the chance to see her being spontaneous. >> if you sign the loyalty pledge before they let you into the event. i mean, it's getting a little crazy. >> yeah. no. no. that's actually -- that actually is what is -- this is a post modern campaign. the point about campaigning in something like the new hampshire primary is that you encounter voters and you persuade them to vote for you. they were a bernie sanders guy, but they go to a hillary event and they're so stunned by her spont nayty and her humor that they switch. with the hillary campaign, you have to announce before they'll let you into it that you're pledging your lifelong allegiance to hillary.

in other words the campaign has conceded she is incapable of political persuasion. that's why politicians go on the stump. that's why there are whistle stop tours. without it there's no point of do it. you might as well e-mail it to the server in the toilet to colorado. this campaign is a joke. but not in the way that hillary's poll tested director of humor approved campaigned spontaneous ad-libs and quipped would like. >> like a town hall where they bus in the people who are asking spontaneous questions. there's more bad news. >> right. >> donald trump is beating her now -- >> that's. >> go ahead. >> yeah. no, i was just going to say, this is the problem, is that basically hillary is the straight man. she's actually the butt of her own jokes. and that is why this campaign to

announce you're going to be lighting up, that's not going to work. >> either you have it or you don't. to her husband's credit, you're the only person that matters to him in the world. she doesn't have his warmth. she doesn't read a teleprompter. donald trump beating her five points. bernie sanders up nine points in new hampshire. gained on her significantly in iowa. joe biden's numbers are going up. and, you know, now we have a second review of only 40 e-mails. they have determined there was top secret information about north korea's nuclear program including satellite imagery. she lied to the american people. now it's a legal issue. shouldn't that be a bigger concern at this moment? >> i think so. there's no doubt now she broke the law. there's no doubt she committed a crime. and she committed a crime that if she were anybody else, she

would be in jail for. as you mentioned a couple minutes ago, it's happened at a time when a low level county official has -- was dispatched to jail. and that actually is one of the big issues in this country. whether we're bifurcating into a system where by if you belong to a certain privileged elite the laws don't apply to you. the clinton assumption has been that the laws don't apply to them. if we're in a situation now where it's taken for granted by everyone from the cia and the other intelligence agency that she, in fact, broke the law, and she is wandering around with impunity nobody else could get along with. i don't see how long she can carry on campaigning. joe biden, you know, in 2008, the democrats were told hillary is the heir presumptive. let her get on with it and win

the nomination. she loused it up. she defeated herself. this time around, joe biden was told again, hillary is the heir presumptive. and she's loused it up again. and the fact is that neither he nor any other democrat should sit around watching this slow motion train wreck. >> let me go back and remind people, as big as this e-mail server is getting, she was the one that was excoriating the bush administration for quote, using private e-mails. she also admitted on another time, that she didn't use an e-mail or write anything down for fear of being subpoenaed. you may remember these. >> our constitution is being shredded. we know about the secret wire taps. we know about the secret military tribunals. the secret e-mail accounts. it's a stunning record of secrecy and corruption. of cronyism run amuck. >> are you keeping a diary, you keeping good notes of what's

happening? >> heavens no. i'd get subpoenaed i can't write anything down. >> she admits she doesn't write anything down. she excortiates them for a secret e-mail. there's all the other lies. the number one adjective people use liar. remember when she said she landed in bosnia under sniper fire. >> i remember landing under sniper fire. it was supposed to be some kind of a greeting ceremony at the airport but we ran with our heads down to get into the vehicles to get to our base. >> all right. mark, i'm showing video right now. i'm going to show the video of her landing in bosnia. she's walking. there's no ducking or dodging. she's being met with flowers. she has a history of lying and hypocrisy. what do you think in terms of the ads that people could make against her? >> well, you know, i think you can get away with it. if you're like bill clinton,

bill clinton is a liar. and he tells the lies he needs to tell to get out of the situation he's in. he does so very charmingly. the point is, hillary, i think, would possibly have a sporting chance of surviving this if there was any good side to her campaign. but everything about her campaign is tone deaf. when she was endorsed by jeantia heen over the weekend, she had this ridiculous choir of erythmic white npr listening women pretending to do a negro spiritual where they substituted jesus' name and replaced it with hillary. i don't know who thought that was a great idea. whether they're going to do that with every well-known hymn. what a friend we have in hillary. she walks with me and talks with me and tells me poll tested

jokes. i don't know if they'll do that with every hymn. there's no upside. it's not as if she's a great rogue which is what hillary clinton is. you know he's an unprincipaled rogue but he gets away with it because the charming bits are charming. when she's not being criminal she's being wooden and unlikable. and the danger for the democrats is that bernie sanders will end up sneaking this thing away from her in iowa and new hampshire kw her so-called south carolina fire wall is going to crumble, too. that strategy won't work. >> i don't think that's going to work ever. if they ever change amazing grace to amazing hillary, i'm done, i'm out, it's over. we've lost. good to see you. >> amazing hillary, swing low sweet hillary. don't ferget that one. >> coming up. >> i want to give god the glory p. his people have rallied and you are a strong people. >> the kentucky county clerk who

refused to issue marriage li e licenses was released today. hillary clinton would lose to donald trump in a head to head matchup according to a recent poll. we'll check in with laura ingraham next here to respond. covergirl is the easy way to draw attention perfect point liner smudge with sponge-tip to create a smokin' kitten eye lash blast mascara adds an instant blast of volume add a pow to your brow! wow! from easy, breezy, beautiful covergirl ♪ lease the 2015 rc 350 for $429 a month for 36 months. see your lexus dealer.

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live from "america's news hq." the left engine of a british airways flight catching fire in las vegas. a plume of black smoke could be seen billowing into the sky. the fire happened as the london bound plane was preparing to take off. the 159 passengers and 13 crew

members escaped on emergency chutes. two people suffered minor injuries. queen elizabeth the second is about to reach a major milestone. she'll become the longest reigning monarch in britain's history. that's when she'll pass queen victoria who was on the thrown for 63 years. she came to the thrown in 1952 following the death of her father. we'll get you back now to "hannity." for the latest, foxnews.com. welcome back to "hannity." earlier today kentucky county clerk kim davis was released from jail. she had been behind bars for six days after refusing to issue marriage licenses to same sex couples. standing by is our own shannon bream. >> she was overcome with emotion as she thanked the hundreds to gather to support her today.

shortly after the judge set her free, but not without conditions. the federal judge warned davis if she interfered with her deputy clerk's efforts to issue marmsh licenses she could be facing jail. while she's been in jail, her deputies have been issuing licenses. >> whether her name is on it or not. it is her authority. she cannot allow her name to be associated with something that conflicts with god's definition of marriage. >> 2016 gop presidential contender mike huckabee rushed to defense davis last week. he head lined today's rally in her support. >> we will stand with him. we will stand with the constitution. we will stand with our faith. and will not be bullied no

matter even if they incarcerate us. >> senator ted cruz was not part of the event but he did visit davis. she could be back to work as early as thursday. >> joining me now is one of the attorneys for kim davis. i'm trying to understand, why jail, fingerprinted, mugshots. six days in jail. are we criminalizing our christianity or somebody who has a deeply held religious faith or view? >> thanks for having me on. that's exactly right. there is no reason why kim davis needed to go to jail for this. especially when a very reasonable and easy accommodation would be available that would allow her to keep her conscious intact and would allow marriage licenses to flow for the county. >> i think an argument can be made, can't it, considering this is the first time that a society

has changed the definition of marriage. couldn't the case be made her job description has dramatically changed? >> well, there's no doubt that when kim davis ran for office and was elected to office and took her oath, marriage was defined as one man and one woman. really it still is in kentucky. the supreme court decision imposes same-sex marriage on all the states against their laws. in this case, the governor of kentucky had the opportunity to exempt any clerk who had a exemption exception to participating in a same sex marriage. rather than doing that duty, the governor ran roughshod over them. >> don't the people get to decide this? that's the important part here. and it was kim willing to accept the accommodation or a different job so she didn't have to participate in something -- a new statute that shifted her job description?

>> well, kim davis asked the legislature to take action on this issue well before the supreme court's decision in june. she did it within weeks of becoming elected. so this wasn't a spur of the moment decision for her not to issue licenses. the fact is, she was elected to the rowan county clerk office. marriage licenses are less than one tenth of one percent of what she does. like all persons under kentucky law she's entitled to an accommodation. the deputy could pass an executive order which says the order is issued under someone else's authority and name. that would satisfy kim davis. >> we appreciate it. here now with more. former arkansas governor mike huckabee. you did go, this is criminalizing christianity. i think the first amendment is very clear. the free exercise thereof. this was not the job description when she was elected.

i think she has a strong lawsuit at the end of this. thoughts? >> i hope she does. one of the things i find amazing -- i was in gitmo a few years ago and went down there to see what was going on with the detainees. we accommodated the terrorists. we painted stripes in the cell to point toward mecca. gave them a prayer rug. made sure they had muslim approved meals because we wanted to be sure to accommodate the faith of terrorists. are you telling me that we cannot just somehow accommodate a person, an humble christian woman who by the way is a democrat, and at least allow her to carry out her conscious because the supreme court has illegally ruled would violate her basic obedience to god. >> she's also an elected official. i understand there's a job description for that job. but the job description changed since the time she was elected. would you support the idea of

states deciding the issue? >> well, that's how it has always been. there's not a word in the constitution about marriage. nothing. the supreme court had to legislate from the bench in one of the most overreaching decisions they've ever made. this is a mark, sean, not just of judicial overreach. it really comes to judicial tyranny. everybody who ever passed civics knows the three branches of government are equal and the courts can't pass on one. they can rule on one, but they can't go ahead and prescribe exactly what it looks like. that's why we have a legislature. it's why we elect people to be in the house or senate. so that they have the power of the purse and can actually create the law. then the executive branch signs it and enforces it. this is an extreme court that wants to be all three branches. >> i agree with you fully and completely here. my issue is we almost seem to be on a collision course here. that is changing cultural -- >> we are. >> and the constitution and freedom of religion.

in this particular case, a woman of conscious, a christian, that is practicing her faith, a job description changes because a court decides. what do you see in the future? i never understood why they put this woman in jail for six days with rapists and murderers and thieves. all right, so she didn't sign -- wasn't going to sign the paper. don't you think this is a bit of an overreach. do you see more of this coming? >> when an unelected judge puts an elected official in jail for doing the job that she has which is following the only law that she has in front of her, it's interesting to me that she's incarcerated without bail. my gosh, john wane -- >> she had the ability to pay bail. >> unreal. >> governor -- >> you ask what's coming, i tell you what's coming, sean, it's next it's going to be your pastor the head of your christian school, who else is going to go to jail before this over? this is long from over. we have to stand up for what's right.

>> if they won't marry or won't hire. we saw this with the little centere sisters of the poor. good to see you. we'll see you on the campaign tri trail. poll numbers are in and reveal donald trump would beat hillary clinton if the election were held today. conservative eeconomists is here to weigh in on the black lives matter. conomists is here to weigh in on the black lives matter. is here to weigh in on the black lives matter. aeconomist is here to weigh in on the black lives matter. neconomist is here to weigh in on the black lives matter. economist is here to weigh in on the black lives matter. economist is here to weigh in on the black lives matter. n economist is here to weigh in on the black lives matter. if you're suffering from constipation or irregularity,

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a lot of polls. >> not the favorite of the gop establishment. carly fiorina by the way, has snagged 25 endorsements over the labor day weekend from fairly prominent folks in northern new hampshire. obviously, trump is on the top of most polls. has been for a while despite all the predictions. including i think early on my own. wow, i think he's going to get bored of all this. kind of flame out. and what i think we see is that the for now, at least, people see only one candidate really talking about the bread and butter issues of the middle class. and he's offering, i think, hope to a lot of people. and these other candidates are like, look, the establishment is failing so we're going to fix it. and they represent the average american in the election. things can change. i know trump has a lot of folks

who don't like him or think he's not conservative. for now people want their lives to get better. >> i think it runs a little deeper in this sense, steve. is that conservatives like laura, myself, we're looking at republicans that promised in the 2014 election they're going to stop the illegal unconstitutional executive amnesty. five years in we still haven't repealed and replaced obamacare. they don't want to get blamed for a government shutdown. are they going to back down because they'll be blamed for a government shutdown? haven't they really earned the contempt of conservatives? they've created the problem? >> in many respects i think they have. if you look at movement conservatives, people who have been involved in the conservative movement for a decade or two decades like you and like laura, like me. the disagreement isn't so much -- >> didn't mean to keep you out of the list but laura and i are more right wing that you.

>> i forgot. this is new. this is new. if you look at people who have been involved in the conservative movement for a couple decades, the disagreement isn't so much in what the problems are. it's whether donald trump is the solution to those problems. i agree with so much of the assessments that you just talked about, the things that laura is saying. >> why is ted cruz hated? why is he a pariah. he stood up to fulfill the promise everybody else made? >> in many ways he's embarrassed them. he's taken them head on from inside the senate. it's obvious why they wouldn't like him. if you don't want things to be disrupted in washington, you don't like ted cruz. that explains it in a fairly simple way. >> ted is resonating. interesting. next question, joe biden i think is going to get into the race. can the guy that actually said about barack obama he's a main stream african-american who is articulate and bright and clean, a nice looking guy.

can that guy win? can that gaff machine win? >> that's part of his charm. you can pull the string and it's a gaff omatic. it's part of his charm. i think biden has in many ways a lot of the charm, different substance, different ideas but a lot of the charm of trump. he looks like a working class guy. trump doesn't look like a working class guy, but he relates to them. he has a way with people that is endearing. i know he's infuriating to a lot of people. but biden also has that. he has the fluidity on the stump. if he make as gaff, somehow people find it, oh, that's joe. so i think he's going to be a lot harder to beat than hillary. >> maybe so. what do you think steven? >> i agree with that. i would argue to take the negative on laura's comparison there, i would argue they both say a lot of stupid stuff as well. joe biden is somebody who can come into this race, particularly when he's running at a time, if he runs, when hillary clinton is saying she's

going to be thaeauthentic, she' going to have a reset of her campaign. we'll see the true hillary clinton, the one that's been hidden. >> the one that makes us laugh like larry the cable guy? >> she's apologizing for something that just yesterday she said wasn't a mistake. that's not the best way to rebrand yourself as authentic. joe biden, look, as much as we laugh about the things he says sometimes. i think he's tough to defend president obama administration like he would have to do, obviously. he does speak from the heart. he says things in an unscripted way. i think that accounts for a lot of his gaffs. >> we'll continue this discussion. this is getting interesting. i think trump has gotten stronger as a candidate. and it's showing itself on the campaign trail. coming up next tonight on "hannity." >> anytime you have black rage expressed based on black suffering in the face of white fear ground in white privilege,

that clash is one in which you're going to get some hyperbolic rhetoric. >> really? conservative economists dr. thomas soul is next to weigh in on the blake lives movement. citizen's united is seeking the help of the former u.s. citizen general to gain access to hillary's e-mails. can hillary go to jail? it's a new fiber supplement that helps support regularity and includes b vitamins to help convert food to energy. mmmmm, these are good! nice work, phillips! the tasty side of fiber, from phillips'. we all feel the calling to build something great. ♪

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welcome back to hannity. a local chapter of the black lives matter after they were caught on tape chanting a derogatory statement about the police. >> we have to not smear the entire movement because of one tiny part of a march where people said something despicable. that is not representative of the whole movement. >> anytime you have black raged expressed on black suffering in the face of ground fear ground

in white privilege that clash is in that you're going to get rhetoric. there's no doubt about that. >> you're saying it was only hibber bolic? >> absolutely. you can't run for president and not talk about black lives matter. that's the testimony to the power and strength of this movement. >> this happened in minnesota. here now with his take on the black lives matter movement, he's a senior fellow at the hoover institution thomas sowell is back with us. why is it controversial to say that all lives matter? how did that become a controversy? >> i'm still working on that. it will be a long time before i figure it out. all lives do matter. >> we as conservatives, we're prolife. we believe that every life matters. and now but yet this is apparently a controversial thing to say. >> well, i think there are

people who have the movement and they have their idea of what's going to help. what's painfully tragic already is this notion that only black lives matter. black lives are the ones that are being lost more so than any other lives in this great cruse aid against the police. the number of blacks killed compared to last year, in baltimore alone, is up by some amount far -- >> almost 80%. you're 100% right. violent crimes -- especially post the freddie gray michael brown cases, you see police are afraid to do their job. their staying back. they're not going into the dangerous neighborhoods. they're not taking on those with guns dealing drugs et cetera. because they fear to do their job. >> absolutely. this is not even new is what gets me. about a decade ago, heather mcdonald did a book called cops

are racists. she points out after the demagogues come out and trash the police, the police pull back and the net result is the criminal element then has a freer hand and more blacks will be killed than there were before. so i don't know why you would keep going down that same road when it produces these same results. again and again. >> so let me play for you a democratic candidate. it's not just hillary in the race. she's got her problems as we've been discussing. i want to play former governor o'malley said black lives matter, white lives matter. all lives matter. but more importantly. i want you to listen to the crowd reaction. immediately after he says white lives matter, all lives matter. roll the tape. >> every life matters. and that is why this issue is so important. black lives matter. white lives matter. all lives matter.

>> then he apologized for saying all lives matter. but what are those boos tell you, professor? >> i think that this is a movement which has a desire to have power and prominence and logic doesn't mean much to them. i'm afraid that no lives really matter very much to them if they can do this. >> there's a poll that came out today, a rasmussen poll talked about president obama and the issue of race. only 20% of voters believe the president has brought americans of different races together. 47% think that he has driven different races further apart. do you believe that? >> yes. it's part of the whole political polarization. you've got to turn women again men. blacks against whites. workers against employers. the whole bit. because that's how you get more votes and you try to convince as many people as possible that they are victims.

and that only by turning to them can they be safe. because they other people are their enemies. to the extent this works there will be more votes. >> you're a brilliant writer. you've taught economics at stanford, at the hoover institution. you wrote a new book and you talk -- we keep hearing about income inequality lately. you talk about the disparity between nations cultures, geographic, demographic cultural imperatives that shape the wealth of nations and individuals. what is the characteristic for the 94 million americans out of the labor force or 50 million americans that are in poverty. 46 million americans on food stamps. those that are not successful? economically? what is the answer? what have you learned? >> well, the most important thing i learned is that when you

kr consider the factors involved. political, demographic, there was never ever any rational basis for expecting even approximate ekwaquality of inco. when we find that's the case, there's no point in looking for a special villain because that's the way it s. that doesn't mean that's the way it has to be. many very poor people have risen to prosperity. sometimes great prosperity. >> you're following the political race. is there any one candidate out of the republican 17 that grabs your attention the most that you like the most? >> i guess there are two. governor scott walker and governor bobby jindal. and my main reason is that they are people who have done things and have had to take the responsibility for the consequences. >> good to see you, thank you for being with us. coming up, speaking of

trouble, hillary clinton's campaign, you don't want to miss this, former u.s. solicitor general ted oleson is getting involved in the server scandal. he's going to help citizen's united access to all of her e-mails. he joins us next as "hannity," continues. ♪ all of our legendary racing heritage. all of our pioneering four wheel drive experience. come together in one amazing new vehicle. this is the all-new gle coupe. a mercedes-benz suv with the heart and soul of a race car. >> test test. >> test test. >> test test. >> test test. >> test test.

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president of sit sins united, not a bad deal, having your name on a supreme court decision. i think that is pretty -- >> well, sean, we're putting the scene back together. >> ted, how many times have you argued before the supreme court? >> 61. that is pretty impressive. you're extraordinarily bright. tell me the arguments you'll make to get the release of the records and how soon do you think it could happen? >> well, the judge already ordered many of these records to be produced. in fact, last may, four months

ago, the judge had the parties in front of him -- this is judge emmitt sullivan in washington, d.c. he said i'm going to set a schedule. he looked at both parties and said let's work something out we can agree upon. and both sides, including the justice department lawyer agreed september 14th would be a part of the schedule that these documents will be produced seven days from today. the judge said you better be comfortable for that because i'm not going to give extensions. the justice department lawyer said that is fine. we understand. no extensions. that is the date. so these documents are due to be produced next tuesday. >> we have the reuters report

they're going to shift to 50 people coupled with the second review now, and in fact shows she did have top secret material involving north korea's nuclear arms, and satellite photos that she had to have known were classified. >> if they want to do that with hillary clinton's documentation, i can understand that. i will be open minding to hearing what they have to say. the documents we're expecting next week are cheryl mills documents. i don't think many of those, i am hopeful they don't have classification review issues. if they want to give it to us in pieces we're open. i can tell you having a stay for 4 or 6 months is unacceptable to us. >> i agree with you and by the way, you started this two years ago. so credit behind the scenes. i talked to rudy giuliani.

former prosecutor himself. he identified 12 to 13 statutes that may have been violated in this. you're the expert. you understand the law as well as anyone. who do you see? in terms of legal problems she may have? >> there is nobody who would know more than rudy giuliani. he was the attorney general, the individual responsible for virtually the entire department. he's a very, very careful lawyer. he knows what he's talking about. there are all kinds of laws involved here. david said well, if there is a problem with classification, he can understand how they have to go through the process. these documents that he is entitled to next tuesday may have known about these documents for four months. they have had plenty of time to go through these things. if they had issues, they should have raised them before this. this motion now to try to delay everything comes along at the last minute.

there is very little doubt that the motion the justice department and state department have made to delay everything and consolidate it before a judge is because they had to produce the documents next week. so this is a last-ditch effort to take the issue away from the judge who ordered them to be produced. >> wow. maybe a lot of late-night reading next week. guys thank you for your hard work. appreciate it. and ted, we'll be watching closely. when we come back, our question of the day is straight ahead. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief.

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you never miss an episode. we miss you when you're not here. hopefully, we'll see you back here tomorrow night. the o'reilly factor is on, tonight. >> i guarantee you that if you were president, this deal wouldn't be made, a deal would be made that's 1100 times better. >> donald trump returns to the factor. and tonight we will ask him about a variety of subjects, including the gay marriage controversy in kentucky and black lives matter. >> i declare i am all in, i will stand with any man that worships the god of abraham, isaac and jacob. >> glenn beck who has not been a fan of mr. trump will appear with him tomorrow at a rally around the iran nuke deal. mr. beck will be here tonight. also ahead, charles krauthammer on a new report that leaves no doubt hillary clinton did have classified information