topic. he said on saturday the interview was something she offered to do since august, that she had been eager to do it, had the opportunity in her words to talk about it in conclusion to the review process. that was about her only comment going back a couple days so we will see her later today and see what the fbi director has to say in a matter of moments so stay tuned, great to be there with you molly. you look fantastic, all right . a few more weeks. "happening now" starts right now, bye-bye. jon: of fox news alert, awaiting the statement from the director of the fbi james comey . he is expected to speak for about 15 minutes and it is scheduled to begin now. when the fbi director emerges , all eyes will be on him. we expect we are going to be hearing what the fbi has concluded about the presumptive democratic nominee, hillary clinton and whether or not she is to face criminal charges in connection with the handling of material on her private email server and on the state department says it would not have permitted her to use if she ever requested to use such a thingbut of course, we all know what happened . she did use it and the question is whether the

information that crossed that server was classified or not. heather: and when it was classified, when that was determined. it's been a long investigation and coming today, specifically when president obama iscampaigning with hillary clinton in the state of north carolina , making a couple stops there today. and we will continue to follow this story as we have from the very beginning. jon: we know she met with the fbi for three and halfhours on saturday . that was something she had wanted to do, was pleased to do and the fbi had told us that that would be one of the final elements of their investigation. so again, the question iswhat will the fbi announced today . we can only presume it has to do with the results of this investigation into hillary

clinton and her private email server although we could be surprised . heather:exactly, and there he is, let's listen to him live . >> good morning. i'm here to give you an update on the fbi's investigation of secretary clinton's use of a personal email system during her time as secretary of state. after a tremendous amount of work over the last year, the fbi is completing its investigation and referring the matter to the department of justice for a prosecutive decision. what i want to do today is three things i want to tell you what we did, i want to tell you what we found and i want to tellyou what we are recommending to the department of justice . this is going to be an unusual statement in at least a couple ways. first, i'm going to include more detail about our process that i ordinarily would cause i think the american people deserve those details in a case of intense public interest. second, i have not coordinated this statement or reviewed it in any way with the apartment of justice or any other part of the

government. they do not know what i am about to say. but i want to start by thanking the fbi employees who did remarkable work in this case. once you have a better sense of how much we have done you will understand why i am so grateful and so proud of their work. so first, what we have done. this investigation began as a referral from the intelligence community inspector general in connection with secretary clinton's use of a personal email server during her time as secretary of state. the referral focused on whether classified information was transmitted on that personal system. our investigation looked at whether there is evidence that classified information was improperly stored or transmitted on that personal system in violation of a federal statute that makes it a felony to mishandle classified information either intentionally or in a grossly negligent way. for a second statute, making it a misdemeanor to knowingly remove classified information

from appropriate systems or storage facilities . and consistent with our counterintelligence responsibilities, we have also investigated to determine if there is evidence of computer intrusion by nationstates or by hostile actors of any kind . now, i have so far used the singular term email server in describing the referral that began our investigation. it turns out to be more collocated than that. secretary clinton used several different servers and administrators of those server during her four years at the state department and she also used numerous mobile devices to send and read email on that personal domain . as new servers and equipment were employed,older servers were taken out of service, stored and decommissioned in various ways . piecing all that back together to gain as full an understanding as possible of

the ways in which personal email was used for government work has been a painstaking undertaking requiring thousands of hours of effort . for example, when one of secretary clinton's servers was decommissioned in 2013, the email software wasremoved . content but it was like removing the frame from a huge unfinished jigsaw puzzle and then dumping all the pieces on thefloor . the effect was that millions of email fragments ended up in the servers unused or its lack space. we searched through all of it to understand what was there and what parts of the puzzle we could put back together again. the fbi investigators also read all of the approximately 30,000emails that secretary clinton provided to the state department in 2014 . where an emails was was assessed as possibly containing classified information, the fbi referred that email to any government

agency that might be an owner of that information so that agency could make a determination as to whether the email contained classified information at the time it was sent or received or whether there was reason to classify it now even if the contents had not been classified when it was first sent or received and that's the process sometimes referred to as classifying. from the group of 30,000 emails returned to the state department in 2014, 110 emails in 52 email chains have been determined by the owning agency to contain classified information at the time they were sent or received . eight of those chains contain information that was top-secret at the time they were sent, 36 of those chains contain secret information at the time and eight contain confidential information at the time. that's the lowest level of classification. efforts from those of 2000

additional emails were up classified to make them confidential. those emails have not been classified at the time they were sent or received. the fbi also discovered several thousand work related emails that were not among the group of 30,000 emails returned by secretary clinton to state in 2014. we found those emails in a variety of ways. some had been deleted over the years and we found traces of them on servers or devices that had been connected tothe private email domain . others we found are reviewing the archive government accounts of people who have been government employees at the same time as secretary clinton including high-ranking officials at other agencies, folks with whom the secretary of state might normally correspond. this helped us recover work-related emails that were not among the 30,000 that were produced in state. still others we recovered from that faint painstaking review of the millions of

email fragments dumped into the slack space of the server that was decommissioned in 2013. with respect to the thousands of emails we found that were not among those produced by the state department, agencies concluded that three of those were classified at the time they were sent or received, one at the secret level and two at the confidential level. there were no additional top-secret emails found and finally, none of those we found have since been up classified. i should add here that we found no evidence that any of the additional work related emails were intentionally deleted in an effort to conceal them in some way. our assessment is that like many email users, secretary clinton periodically deleted emails or emails were purged from her system when devices were changed. because she was not using a government account or even a commercial account like gmail, there was no archiving at all of her emails so it's not surprising we discovered emails that were not on

secretary clinton's system in 2014 when she produced so those 30,000 some emails. it could also be that some of the additional work related emails that we recovered were among those deleted as personal by her lawyers when they were viewed and sorted her emails for production in late 2014. the lawyers doing the sorting for secretary clinton in 2014 did not individually read the content of all her emails as we did for those available to us . instead, they relied on header information and use search terms defined all work-related emails among the reportedly more than 60,000 that were remaining on her system at the end of 2014. it's highly likely that their search missed some work-related emails and that we later found them. for example, in the mailboxes of otherofficials or in the slack space of the server . it's also likely that there are other work-related emails they did not produce at state

and we did not find elsewhere and that are now gone because they deleted all emails dated not produce to state and the lawyers then clean their devices in such a way as to preclude complete forensic recovery. we have conducted interviews and done technical examination to attempt to understand exactly how that sorting was done by her attorneys. although we don't have complete visibility because we are not able to fully reconstruct the electronic record of that sorting, we believe our investigation has been sufficient to give us reasonable confidence there was no intentional misconduct in connection with that sorting effort. and of course, in addition to our technical work interviewed many people from those involved in setting up the personal email system and maintaining the various

iterations of secretary clinton's server, the staff members with whom she corresponded by email to those involved in the email production at state and finally, secretary clinton herself. last, we have done extensive work to try to understand what indicationsthere might be of compromise by hostile actors in connection with that personal email system so that's what we've done. now let me tell you what we found . although we did not find clear evidence that secretary clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information. for example. seven email chains concern matters that were classified at the top-secret, special access program at the time they were sent and received. those chains involve secretary clinton both sending emails about those matters and receiving emails about those same matters area there is evidence to support a conclusion that any reasonable person in secretary clinton's position or in the position of those with whom she was corresponding about those matters should have known

that an unclassified system was no place for that conversation. in addition to this highly sensitive information we also found information that was properly classified as secret by the us intelligence community at the time it was discussed on email. that is excluding any later upclassified emails . none of these emails should have been on any kind of unclassified system but their presence is especially concerning because all these emails were housed on unclassified personal servers , not even supported by full-time security staff like those found at agencies and departments ofthe united states government or even with a commercial email service like gmail . i think it's also important to say something about the marking of classified information. only a very small number of emails here containing classified information more markings that indicated the presence of classified information. but even if information is

not marked classified in an email, participants who know or should know the subject matter isclassified are still obligated to protect it . and while in the focus of our investigation we also developed information that the security of the state department in general and with respectto the use of unclassified systems in particular was generally lacking in the kind of care for classified information found elsewhere in the us government . with respect to potential computer intrusion by hostile actors, we did not find direct evidence that secretary clinton's personal email domain and its various configurations from 2009 was hacked successfully. but given the nature of the system, and of the actors potentially involved, we assess it would be unlikely to see such direct efforts. we do assess that hostile actors gain access to the private commercial email accounts of people with whom secretary clinton was in regular contact from her personal account. we also assess that secretary

clinton's use of a product personal email domain was both known by a large number of people and readily apparent area and she also used her personal email extensively while outside the united states including sending and receiving work-related emails in the territory of sophisticated adversaries . given the accommodation of factors, we assess it is possible that hostile actors gain access to secretary clinton's personal email account. so that's what we found . finally, with respect to our recommendation to the department of justice.in our system, the prosecutors make the decisions about whether charges are appropriate based on evidence that the fbi helps collect. although we don't normally make public our recommendations for the prosecutors we read frequently make the recommendation and engage in conversations with prosecutors about what resolution may be appropriate given the evidence area in this case, given the

importance of the matter i think unusual transparency is in order area although there is evidence of potential violations of the statute regarding the handling of classified information, our government is that no reasonableprosecutor would bring such a case . prosecutors necessarily way a number of factors before deciding whether to bring charges area their obvious considerations like the strength of the evidence, especially regarding intent responsible decisions also consider the context of a person's actions and how similar situations have been handled in the past . in looking back at our investigations, into the mishandling or removal of classified information, we cannot find the case that would support bringing criminal charges on these facts . all the cases prosecuted involve some combination of clearly intentional and willful mishandling of classified information or vast quantities of information exposed in such a way as to support an

inference of intentional misconduct or indications of disloyalty to the united states or effort to obstruct justice. we do not see those things here. to be clear, this is not to suggest that in similar circumstances a person engaged in this activity would face no consequences. to the contrary, those individuals are often subject to security or administrative sanctions but that's not what we are deciding here. as a result, although the department of justice makes final decisions on matters like this, we are expressing to justice argue that no charges are appropriate in this case. i know there will be intense public debate in the wake of this recommendation as there was throughout the investigation . what i can assure the american people is that this investigation was done honestly, confidently and independently. no outside influence ofany kind was brought to bear . i know there were many opinions expressed by people

were not part of the investigation including people in government but none of that mattered to us . opinions are irrelevant and they were all uninformed my inside to our investigation because we did our investigation the right way. only facts matter and the fbi found in here in an entirely apolitical and professional way. i couldn't be prouder to be part of this organization. thank you very much. >>. jon: there had been speculation that the fbi director might answer questions, he is clearly not after about a 15 minute statement. you heard it there, the fbi finds that hillary clinton and her state department did mishandle classified information. however, they do not believe she should be subject to criminal charges based on precedent and based on the kind of activity that was

involved. also said there was no direct evidence that secretary clinton's server had been hacked by outside actors, russia, china, you name it but also said because of the investigation of those hackers, they would not expect to find that kind of information and that they did see indications that people she was corresponding with, that their email accounts were hacked and well, draw your own conclusions from that. danny colson is a former fbi director deputy assistant director and fbi hostage rescue team commander. are you surprised? >> a little bit, yes. we don't know, i didn't have any information as to what the elements was but i think we can take some confidence from the fact that they clearly did a very detailed investigation. the fbi is the best in the world at doing these things you combine the technology and the ability to assimilate information.

james comey is probably the most respected man in washington dc and if he comes up with the idea, the conclusion that there was no criminality here then we got to go with that. i don't know of any organization in the world that can bring out a case like this and i don't know of a better person to be the front person and manage this thing then james comey so i'm very confident if he says it's not criminal then i have to go along with it, i have to believe it's true and we're lucky to have a man like that running the fbi, he's very independent and very capable. jon: absolutely and his reputation is above reproach. i was surprised somewhat that the tone over all of his statement was pretty negative and yet when he got around to announcing the fbi's decision, he said there was no basis for charges. he said things like, there is evidence to support that an

unclassified system which hillary clinton was using for her email at the time, and unclassified systemwas no place for those emails. none of them should have been on any kind of unclassified system . obviously that's all water over the dam now but it did surprise me that he really sort of rater over the coals in the way she and her staff set up this system but then the fbi's recommendation is that there be no criminal charges forthcoming . >> i totally agree with that assessment. i think what he's saying here is that it was amateur night out at the department of justice from security matters and i think historically, the department, i'm sorry, the department of state. historically they have been more interested in tea parties and look good, feel good things as opposed to security matters and maybe we will see a change here at the state department. i hope john kerry listens to this and i hope his aides did

but this is serious business and we want to be careful with that kind of thing but i'm sure that a lot of people in washington are glad this is over and we will see what happens next. jon: let's talk to somebody from washington. danny, stick with us but brett bear our washington managing editor is joining us now, is also her of special report. brett, your thoughts having heard the fbi director . >> john, a couple takeaways. it was very detailed. two is when he comes out and says at the beginning no one knows what i'm going to say. i thought that was kind of odd but seeing that the news conference. what he did and he was talking about there was layout the reckless handling of the email and the fact that there were seven chains of email that were top-secret classified material, the highest level . then went on to say and explain how that is a criminal act, that reckless behavior and i think that

what we're missing here is that while he's saying that no one, that people may be jarred down the road with handling material like this that he is recommending , the fbi is recommending that it would be a tough choice but it is the doj's decision. i think this is still a political hot potato for not only the clintons campaign but also the doj. i think in the end they will pass and take the recommendation of the fbi not to prosecute but it still shows this recklessness and it also shows that no matter how bizarre, it still is really a reckless decision to handle the classified material like that. jon: is certainly not something that she's going to be putting on her campaign brochure as part of her qualifications. i'm sure the clinton campaign will try to distract people

from it, say look, the fbi found nothing and there's hillary clinton right now appearing live at a campaign appearance area we don't expect her to address this announcement from the fbi director but she is out on the campaign trail right now. i'm curious brett, when the fbi director started to talk about past cases where they've looked at mishandling of classified information, one of those involves general david head of the cia, gave his personal diaries that had some classified information on them apparently to his biographer and he was originally charged with a felony. eventually that was brought down. he pled down to a misdemeanor is my recollection. but is there no parallel here? >> i think it really came down to what general betray us told the fbi along the way about that specific investigation, i think that's where the difference was it's interesting in just the

political timing of this , it comes obviously after the bill clinton loretta lynch meeting, we talked a lot about that and then you have this coming on the same day president obama is campaigning for hillary clinton in north carolina so the image is not that great to begin with but it's also that you look into exactly what james comey said, it is not flattering and it blows up what hillary clinton has been saying about this from the beginning. that said, the bottom line is that it likely is not going to face any charges because the prosecution, the prosecutors at the doj are going to go along with the fbi and we heard that from loretta lynch in defending that meeting on the tarmac. jon: there is a poll raft of material here for donald trump to work with as he continues to take on hillary clinton.

the question is ultimately going to be decided by the voters. the fbi was clear in saying that she mishandled the information and that as he mentioned, some of the work email that she was supposed to have turned over may be gone forever. >> here's the take john really quickly is that politically, he's been going after donald trump as unable to handle the seriousness of the job when it comes to national security area that he is somehow reckless in his handling of big crises for national security, well donald trump will likely take this and turn around and say jim comey just said you were reckless. you're not getting charged and you're not going to go to jail but this is what the fbi director said so expect either donald trump or some super pack to use those words from that press conference in a political sense. jon: brett behr, much to talk

about on special report, thank you very much. heather: let's bring in morgan right, a cyber security expert. thank you for joining us and i wanted to ask you a little more about these emails that were classified, not classified, unclassified and we just heard brett behr discussing seven of those were of the highest caliber, top-secret. hillary clinton herself was involved in either sending or receiving every one of those seven emails in those chains, those seven email chains area how detrimental could that be to security? >> almost 10 months to the day i was on fox news and i said one of my biggest worries about this entire setup was the fact that the emails were in the hands of our adversaries and i totally believe what director comey said. he said we are dealing with

the dissipated nationstates. russia, china, even north korea, our biggest concern is that these things classified at that level are in the hands of our adversaries. julian asad was talking about potentially russia has it, that's my biggest fear so there's no doubt director comey said was his biggest concern was the personal email accounts of hers and other world leaders had been compromised. heather: he pointed out specifically that she used her email extensively in those territories and sophisticated actors is what he called them and it's possible the hostile actors did gain access to the clinton accounts . but he says that he didn't expect given the nature of the system that they would be able to assess that, that they would know that information but they did assess that the hostile did gain access to people that clinton email. >> if you listen to john kerry what he said in reading his emails, one of the scenarios i played out almost 10 months to the day during

an interview on fox news, i said if that's the case then an email hillary clinton sent to a world leader would have been intercepted, they would have seen it was coming from a personal email server and to comey's point, you're dealing with people who can get in, steal stuff and not leave any type of residual presence. any trace of being there and the fact that these servers were reformatted or some of the high drive popped out would have likely eliminated the ability for them to definitively say that this machine was compromised but what he saying is that even though we can't prove it, we are of the 50 percent probability that this exchange in emails was compromised. heather: morgan right joining us, thank you. jon: archie intelligence correspondent katherine harris is joining us now. catherine, nobody knows this story better than you do. poor support some of the details, what stands out to you? >> the first thing is that

the director began by saying he had not coordinated his statements with anyone in the administration and then he gave a 15 minute statement of their findings and no questions and that is very unlike the director, he typically leaves it open to reporters to ask questions . he said they found 58 email chains which contain classified information at the time, that they hit that server, some of them sent by mrs. clinton and he also indicated there were emails that were recovered that did contain these classified markings so mrs. clinton has publicly said nothing was marked classified at the time. the director went on to say that someone in her position and the others around her should have recognized the sensitivity ofthe information that they were handling and that would go into this bucket of 790 3f which is gross negligence . where you don't have to show intent. he went on to say that based on their investigation, i

think morgan right address this, that they have to assume this information was accessed by third parties, even hostile nations because the server was not set up with the site kind of security you would even find in a government system but he said based on the totality of the evidence he did not think this was the case that a prosecutor would pursue so he laid out what his investigators have found in the last 15 months , what they found to be the negligent handling of classified information. his word was careless and that they should have known better even though it was not marked and that it was in the hands of a third party but even based on that, he did not think this was the type of case that a prosecutor would bring because the cleanest kind of case for a prosecutor is where they show willingness or willfulness or intent that he did not believe that that was the case here, john. jon: one of his quotes, there is evidence they, meaning she and her state department,

were extremely careless in their handling of classified information. catherine harris ... >> one last point if i could. you look at us 793 subsection f, there is gross negligence or gross negligence. there's no requirement for content or willfulness in that action and if there had been an opportunity to ask questions, the question would be what would the director sayto government security clearance holders who had been prosecuted and jailed for so much less in similar cases john ? jon: under the title or imprisoned, not more than 10 years or both, the statute goes on to say. catherine herridge, i'm sure you have a lot of work to do. thank you for sharing time with us today. so there you have it. hillary clinton appearing this beside me on screen, a campaign appearance in washington right now and a load off her shoulders as the fbi director says he will

tell the justice department that he recommends no prosecution for the careless handling of her email, personal email server and the state departmentdocuments thereon. it is thebig story of the day , more coverage i had , "happening now". hii'm here to tell homeowners that are sixty-two and older about a great way to live a better retirement... it's called a reverse mortgage. call right now to receive your free dvd and booklet with no obligation. it answers questions like... how a reverse mortgage works,

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the criminal charge against hillary clinton for use of a private email server during her time as secretary of state. that news coming today as president obama hits the road to campaign with hillary clinton alongside her in north carolina. jennifer griffin is on the road as well with the clinton campaign and she's standing by. jennifer, big day. mrs. clinton no doubt will respond to this. she's picking right now. reporter: she's speaking right now in washington dc. we are here in charlotte north carolina where she will land with president obama at about 2:20 5 pm today. she will speak not far behind me. this news that director comey will be recommending a not pursue charges against her in this case will welcome news for the campaign. we have not received any statement from the clinton campaign as of yet but certainly there were indications as early as this weekend when she spoke to the fbi for 3 and a half hours there was an immediately after that meeting that they did not believe that charges would be brought so when director comey comes out the morning after a holiday

weekend in which hillary clinton met with the fbi and just hours before she is to meet and campaign with president obama here in north carolina, you really have to suspend your disbelief there was no coordination in terms of the timing of the end of this investigation coming just a few weeks before the democratic national convention which of course the campaign wanted this all wrapped up before that convention so that they could move forward but it's hard to believe that president obama if he had any indication from his justice department or the fbi that there were possible charges that he would have agreed to allow her to fly on air force one and come down here and campaign in north carolina though this has to be viewed in the context of the past week and certainly bill clinton's chance meeting if you believe that on the tarmac in arizona with attorney general loretta lynch certainly raised eyebrows and there will be

many questions about this, one last point, i think the tone of what director comey said occurred was extremely damning in terms of maybe they didn't have enough to prosecute in terms of prior precedents of cases like this, that was what he said but certainly what he laid out, he said anyone in secretary clinton's position should have known better and that it's hard to believe that classified information did not end up in the hands of enemies even though they could not find a direct evidence of a foreign into her private email server, heather? heather: perhaps ending the role of the fbi but not ending the scrutiny involved in this. thank you jennifer griffin, live for us . jon: so let's talk about what we just heard from the fbi director with greg jarrett, he's an attorney and editor, i'll say it again. the tone of his news statement early on was quite negative and we learned some

things about hillary clinton's email use that were even more damning than what we had led to believe to this point and yet the fbi director sums it up by saying we cannot find acase that would support bringing criminal charges, your reaction . >> a lot of lawyers are going to be scratching their heads to make sense of what director comay said because he seemed to contradict himself and the law. he used the phrase serious, excuse me, extremely perilous to describe hillary clinton's use of classified information on her private unauthorized email server. well, that phrase means something to lawyers and judges. that is the phrase they use to explain what gross negligence is and we can put the statute, the criminal statute up on the screen and i'll read it, it's very short. 18 uscsection 79 ãthree at , whoever being entrusted with

national security documents and that includes by the way classified information, through global gross negligence permits the same to be removed from its proper place of custody will be fined or imprisoned not more than 10 years or both so the key phrases gross negligence. what is that? if you look up any standard jury instruction, or blacks law dictionary for example you will find the definition of gross negligence is extremely careless area so the moment he said she was extremely careless, i think most lawyers probably thought well, he's obviously going to recommend criminal prosecution and yet he did not. it's hard to understand area. jon: donald trump took about 20 minutes to make his first reaction, at least we understand it to be his first reaction. he sent out this week after hearing from the fbi director quote, the system is rigged. general contrast got in trouble for far less, very unfair as usual, bad

judgment. judgments and as you pointed out craig, the fbi director said it wassomething worse than that . >> he used the definition of gross negligence that is commonly employed i judges explaining to jurors what gross negligence means it means drizzly or extremely careless. and so now where does this go? it obviously is referred to the department of justice, generally they kind of rubberstamp what the fbi recommends. after all, a lot of fbi agents are lawyers and director comey is a former federal prosecutor, a us attorney in new york and will they take seriously when they say we don't recommend prosecution. will make the decision? loretta lynch the attorney general has said although he's not recusing herself that she won't overturn the fbi's recommendation area so

likely, it will be a decision by the assistant attorney general leslie caldwell and or the deputy attorney general sally yates, both are loyal democrats and democrats appointees so trumps to hear may ring true to a great many people that the system is rigged because the two people who will make the final decision are both loyal democrats appointees, john? jon: he's just out of the second week. the fbi director said crooked hillary, this is quoting donald trump, crooked hillary compromised our national security, no charges, while and the hashtag raid houston. greg jarrett, thank you for picking apart the law on this point. we are continuing to cover this announcement from the director of the fbi, director comey suggests that he will tell the justice department no charges, no criminal charges should be brought against hillary clinton for her misuse of a personal

email server during her time as secretary of state. that is going to bring sighs of relief to the clinton campaign and it's causing a great deal of angst in other quarters in washington and around the country, back with more coverage in just a moment. >> plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you.

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use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and stool softeners for comfortable relief of hard stools. dulcolax, designed for dependable relief jon: news alert. well-respected fbi director and former federal prosecutor james comey says his department will recommend no charges be filed against hillary clinton for her use of a private email personal server and the information that crossed it during her time as secretary of state. doubtless the clinton campaign is breathing a sigh of relief but is the issue over? let's talk with the politics of thiswith doug shulman, former advisor to bill clinton and a fox news contributor . brad blakeman, former deputy assistant to president george w. bush. doug, to you first.does this and it?

>> it doesn't end until the attorney general makes a final determination. legally, politically, there was a lot of language that donald trump can and arguably will use going beyond his tweaks justsense but let's get to the bottom line of the politics .a huge, huge victory for the secretary of state. obviously, this was a close call for the fbi. obviously there's language that can and will be used against her but for her base among democrats and democratic leaning independents, john, it's impossible to call this anything other than the biggest event of the year including beating bernie sanders in the primaries. jon: some quotes brad from the fbi director's statements.

there is evidence they, meaning hillary and her staff, were extremely careless in their handling of classified info. there's evidence that any reasonable person in clinton's position should have known that an unclassified system was no place for that information. pretty damning words for the person who wants to be the next president of the united states. >> there's no debit down about it. this may be a victory for hillary clinton but it's a defeat for american justice. one thing is for sure, while hillary may never be tried in a court of law, she is going to be tried in the court of public opinion and it's going to be up to donald trump to be the prosecutor. the american people are going to be the jury, the electorate is going to determine whether or not a equipment is capable of being the president of the united states in view of her recklessness with regard to handling and dissemination of the most sensitive all-america secrets. anybody else but hillary clinton, would have been indicted no question about it. because he's hillary, she got a pass. the question is will the american people give her 12. jon: you heard it said time and time again people feel like there is one set of rules for the clintons and another set of rules for everybody else. this doesn't dispel that notion.

>> i don't think so. there was one question both greg jarrett and kathleen harris raised but i think the fbi director asked to address in some form. what is the difference between extremely careless and gross negligence which is what the statute talks about because the two can and have been used interchangeably. that being said, i think the politics of it, those that don't trust the secretary, the 50 odd percent who think that you will have that you buttressed and those that have seen the email scandal has much ado about nothing will come away and bolden today so i think as i said, a big win for the secretary. jon: i think i agree with doug's analysis, fred, especially five months from now when people go to the voting booth art a lot of them going to be saying well, that email thingwas investigated by the highest levels of the fbi and they gave her a pass .

>> i happen to believe and i agree with doug that those people who believe that hillary should be indicted will still believe that. the question is, lori has a deficit of trust and likability. that is the and it even bleeds over significantly into her own party and her own base. you seen that with the emergence of bernie so whether she's going to be able to fully recover remains to be seen but certainly her base is going to see this is a huge victory, no doubt about it. jon: he is speaking right now as we mentioned earlier, she may not even know exactly what the fbi director had to say because my understanding is she took to the microphones before he did but we will perhaps be getting some reaction from the candidate herself later on today. brad blakeman, gentlemen, thank you both. heather: saying that no evidence, they found no evidence that hillary clinton's server was hacked successfully but given the sophistication level involved that it may not have been discoverable by investigators

if in factthat happened. let's talk with one of our national security experts up next, katie mcfarland . he will bring us a little more insight right after the break. >> 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 is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse.

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heather: joined me now, katie mcfarland, former deputy assistant secretary of defense in the reagan administration. you're watching comey is comments with us alive. your take on it, were you surprised no charges? >> i was in the west wing during the nixon administration when my boss richard nixon was forced to

resign for a whole lot less than this but the other thing that struck me is director: did two favors. one with secretary clinton but a huge favor to the attorney general because her decision making process was not compromised because of her meeting on the plane with bill clinton and secondly because hillary clinton has let it be known that well, if loretta lynch , she could be part of my administration, i'll keep her on so that compromised the attorney general and by comey coming out the way he did saying i haven't let anybody know i'm making this press conference, i'm doing it of my own volition and i'm recommending not indicting. the other thing that nobodies talked about, there were two investigations going on. this is just the first one. heather: the investigation involving the clinton foundation as well and corruption charges . >> classified, not classified, mishandling the information, they don't get that. people like you and me are really excited about that stuff. anybody outside the beltway, everybody understands

corruption and that's the second investigation and that's a criminal investigation into the clinton foundation. it countries donate to the clinton foundation in order to get favorable treatment from hillary clinton when she was secretary of state? that's the one that's ongoing . heather: but also as we were listening, he seemed to contradict himself because he went through the things that were wrong and the thingsthey should have known and yet still says no charges . he also pointed out that anyone else would face some sort of reprimand at the very least. >> he goes through the indictment of all these stuff she's done wrong and says were not going to prosecute. it does sound disingenuous. heather: because they couldn't find no similar cases where charges were brought. >> she did this wrong and she did this wrong but i don't think she meant to do those things wrong so were not going to prosecute, werenot going to recommend prosecution. i think your held accountable for your deeds whether you meant to do it or not . heather: if you compare that other situations, david trias

specifically. >> david petraeus had a more serious accusation again, not a serious accusation but a bigger penalty, heather: katie mcfarland joining us, we will be back for more, stay with us.

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ask your doctor if switching to eliquis is right for you. jon: that fbi decision still roiling politics. we'll see you back here in an hour. "outnumbered" starts now. melissa: fox news alert for you now. recommendation of no prosecution. bombshell breaking in just the past hour. fbi director james comey is saying his agency will recommend no criminal charges be filed in the hillary clinton email investigation. just three days after his agents interviewed the presumptive democratic nominee, as part of its investigation into her use of a private server and her handling of classified information. this is "outnumbered." i'm melissa francis. here today is jedediah bila. nationally syndicated radio talk show host meghan mccain. fox news legal analyst, eboni williams.