. >> that explanation shows an utter lack of understanding about how classification works. what happens with classification is the pass and of time it is more likely to be declassified, they are trying to make the reverse argument that somehow with the pass and of time they have become more sensitive. but what the clinton campaign says and what the state department says really only matters for those emails that have intelligence that were generated by the state department. that is a tiny slice of the pie. the vast majority contained intelligence from other agencies. those agencies that got the information in the first place own the information and have final say on classification, and they have weighed in. they have said there are 22 top secret emails that cannot be released under any circumstances. not even heavy redacted. the reason just a final point that is very significant is based on the recent conversations i had, the intelligence community is operating up the assumption there are other full copies of the clinton emails out there and the server was compromised. so ev

in the interesting chapter of classification. but those who have said to gather the biggest haystack of information because we don't want to miss anything. so to have that metaphor has been lost. you said the traffic is being vacuumed by the surveillance program with private communications and government agencies classified thousands of documents every day so now they are classified but the term has no meaning anymore. >> >> he decides he will storm the country and to get on in the country and presidential candidates never do this. if you go to the encampment the literally the number of times they spoke to less than a dozen. >> when i wrote my first book i was skeptical of global warming. and then raise to public awareness. and with the political ideology. and those you were worried about a massive famine. so initially the skepticism perhaps they are wrong now. so to attend climate change meetings i have read deeply in of literature to suggest it could become a significant problem. >> is there a solution? >> yes. that they will h

highest level of classification. that's a significant develop.e they weren't classified as that at the time, but the information within them could have been. why would she not have noticed that? you heard jim said the state department says it would be incumbent upon a state department employee to have that judgment. >> senator diane feinstein ranking member of the senate intelligence committee came out and defended her just a few moments ago and said none of these e-mail chains were talking about actually originated with hillary clinton. we have no idea. i spoke with a clinton adviser about whether she responded or whether it was labeled. stepping back a moment here, the political problem for hillary clinton right now is not within the democratic party and those primary voters. she has more than a 70% trust rating with democrats. okay? democrats trust her. they trust bernie sanders maybe a little bit more, but they trust hillary clinton an awful lot. her problem would be if she we were to become the nominee and she were to move into the general e

the highest level of the government classification. the decision coming days before the the iowa caucus is a major distraction for the democratic presidential candidate, over the past year, clinton has been under fire for at times, using a private e-mail server to conduct business, while secretary of state david spunt has more on what this means for her campaign. >> reporter: hillary clinton greeted supporters tonight but made no mention of the the news that broke just hours earlier, surrounding her personal e-mail server. news that she may have sent or received top secret e-mails, on her personal server, exploded on line and on the campaign trail late this afternoon. seven e-mail chains totaling 37 pages were being upgraded in classification to top secret. >> in consultation with the intelligence community we are making this upgrade. >> reporter: top secret is considered one of the highest levels of classification and applies to information that could cause exceptionally grave damage to the national security. the e-mails were on her h

higher some say just a specific classification inside top secret? >> chris, when you read these e-mails, i think what leaps out would be a difference of opinion between the state department and intelligence community whether they should be classified at all, what the classification might be. i wouldn't rush to judgment based on the inspector general's cover letter. i also think that given none of them were marked classified at the time, and let me give you an example of why. if i were to send an e-mail to secretary kerry, on a trip to visit a foreign leaders, including an argument in "new york times" or some other publication about a snowden leak -- i'm making this up, but for illustrative purposes -- if that suggests it's accurate, it might be classified. if it's just to put the secretary on notice, it's unclassified. you can see why even among compartmented programs there >>> clinton and her campaign people are pushing back hard. he spokesman has accused the inspector general in the her he sent, and here it is, to committee chairman and the senate

this is an example of over classification run amok. jeb bush tweeted: "we need a president who can be trusted to keep our secrets secret. obviously that's not @hillaryclinton" "this is unacceptable. this is a disqualifier" bernie sanders campaign says he stands by this: the american people are sick and tired of hearing about your damn e-mails. the state department wont be releasing these emails now, and may never, but this re ignites the email issue - just as the voters are about to have their say. clinton and her white house rivals are making their case to iowa voters this weekend. the former secretary of state has an event this morning in ames. authorities in california are still looking for two men who escaped a maximum-security prison last week. three men broke out of jail.. using a makeshift rope to jump from the roof. one of the inmates surrendered to police.. officials believe the other two, hossein nayeri -- jonathan tieu california -- possibly traveling from san jose to fresno they could be traveling in a white 2008 g-m-c util

this recommendation goes to said classification, and they have the final decision.n suspension. is there anything else you'd like to tell us? >> no, ma'am. >> already considered a high security inmate, an upgrade to level one means that bowden's existing privileges and movements will be even more restricted than before. armando doctor has been a close management one inmate at santa rosa for the past several months. >> i've had him for years since i've been here. it's been a constant struggle but he is one of the more extreme cases we've dealt with in his dorm as far as the constant cutting and the behavior. >> doctor's arms have only begun to heal since two cutting incidents weeks earlier. >> i wasn't thinking at the time. i was just aggravate. i was angry. i couldn't think of anything else. >> i've done it periodically off and on over the years when i felt that, you know, the situation, it got too tough, that i couldn't deal with it and i might have retaliated physically. so i took the physical retaliation out on myself. >> doctors says his squinting is the result

. >> you've got to be able to explain your criminal history to the person in classification.ay that this is going to work for you. >>> there's a good reason why some inmates try to avoid trouble while serving time at the suffolk county jail in boston. for each month they don't receive a disciplinary write up they can earn good time or days off their sentences. with the good time that he's eligible to learn, 65-year-old anthony peppe's release was less than two months away. >> there's nothing better than getting out of jail. it's like such an awesome feeling. you know, i can't describe it because you have to be in prison to know what it is to be free again. a ton of bricks is off my shoulder, you know? >> but peppe has just been told he will not be earning 15 days of good time. he's been sanctioned for fighting. >> inmate peppe was down in a medium security housing unit in 121. the officer heard scuffling coming from back of the unit. as the officer approached, he looked into his cell and found that inmate peppe was breathing heavily, bending down. he noticed that the other in

higher level of classification the reason they get that level of classification because you can revealurces. the reason it has that classification you don't want our covert operatives potentially at risk being compromised or even kidnapped or murdered by revealing the information the intelligence that they have collected. and for her to have this on an unsecured server that i guess it was reported was in a bathroom somewhere, that is a very, very serious allegation. and i would note, general petraeus was criminally prosecuted and right now the obama pentagon is trying to strip him of one of his stars for doing what appears on the face touw be much, much less than hillary clinton did. it really raises the suspicion that the obama white house is behaving as it always does, putting politics ahead of the law and ahead of defending this nation's interest and national security. >> i want to go back to what came up in the debate, this new york values issue. it was an issue that came up that i took personally and the result was i got many invitations to become citizens of other states or certa

the highest classification status. that is new.s have involved the top-secret status as opposed to lower levels of information. the state department says these were not marked as such at the time the e-mails were sent but to that question you brought up, was the information in there, whether marked or not classified at the time it was sent? the state department doesn't know the answer to that but it's launched its inquiry. here's how the state department answered questions on how these e-mails came to be determined to be top secret classification. >> you guys were prepared to release it until the intel community came in and said, hey, wait a second? >> no, i wouldn't say that. we had an ongoing discussion with them at their request. we've decided to make this upgrade. it's a state department decision. we're doing it but at the request of the intelligence community. >> here's another key question. we asked the state department about this. even if the information is not marked as such, does the state department employee or official h

the classification may not be just a conference of opinion.warnings on the isis attacks in europe. we'll have what is the real story. . . . . rrn . rrn >>> fox news is learning that the fbi is going directly to the enteleigence agencies involved to determine the classification of hillary clinton's private e-mails. mrs. clinton last night deflected questions in the democratic town hall. >> you know, i had no intention of doing anything other than having a convenient way of communicating and we have answered every question and continue to do so. but maybe being faster and scramble around and find out what that means, i should have done it quicker. >> are you willing to say an error in judgment? >> no nothing i did was wrong. it was not in any way prohibited. >> a pogizing. >> as soon as you can. this is not an excuse but an explanation. when you are facing is something like that you got to get the facts and it takes time with the facts. >> how is that playing with the intelligence agencies? catherine harris? >> reporter: an intelligence source s

it was a lower level of classification. the bottom line is a year ago march hillary clinton went before the american people before launching this presidential campaign and looked them in the eye and said there is no classified information on that personal server. it appears that's not true. what the justice department does with it and what the white house does is anyone's guess at this point. but i would point out, i was at that south carolina democratic debate sunday night. hillary clinton gave her most full-throated endorsement of the president and his legacy. this is coming at a time when the justice department is potentially deciding her fate. you ask about breaking news. there is a new poll out tonight in iowa. it has hillary clinton down 8 points to bernie sanders. there was car after car leaving base had a large event. you know, there were various polls suggesting he's leading in the by double digits in new hampshire. this clinton campaign is on defense. i want to go to catherine herridge. you have been on top of thi

%pxñ aware f the classification requirements did not seend classification material. >> exactly.seeing that perhaps that was not between the case. she might draw a distinction and i think her campaign has between top secret information, classified information. >> and sending and receiving? >> exactly. but to the average measure, is that any different? this information was still sent over unsecured server. if you were to ask state department official, any other lower ranking official do that what would the consequences be? i think there would be very serious consequences. >> never got out ahead of this. this goes march 10th and didn't get ahead of it they have actually created this problem for themselves. >> they have. she under estimated the poll of this problem. the depth of this problem. and frankly, you know, now they are having this argument that overclassification is a problem in the federal government. why weren't having thisók argument while she was at the state department or in march when she released that statement. >> he alludes to the fact that they have had some discu

up next two leaders tackle the latest can chapter in the clippen e-mail -- material with a classification level above top secret. what do you think? is the scandal real or just politics? >>> a look outside the beltway at charlotte, north carolina, where they're now shoveling out bank of america stadium ahead of today's nfc championship game between the carolina panthers and the arizona cardinals. now, to the latest developments in the hillary clinton e-mail scandal. we learned this week some of the e-mails contained information so sensitive most lawmakers can't read them. joining me now, two top members of the house and senate intelligence committees here in washington, adam schiff, and how sensitive was invite information in clinton's private e-mails? and does it represent a security threat if a foreign government was able to get ahold of it? >> it absolutely represents a security threat. there's about 1340 e-mails that we know of so far that had classified information. there's been a lot of conversation about what the s.a.p., special access program, information that's been referred to.

the prison's internal classification team has recommended the transfer.lassification officer. >> today is supposed to be the day ms. beasley comes through, let us know if we're going to the compound or not. it can go either way. i know i did everything i'm supposed to do. you know i ain't been in no trouble, keeping a clean record, keeping self occupied whatnot. i'm looking for it to go favorably but if not i got to be ready for it. >> how do you feel about that? >> a little anxious, you know. but more or less like i prayed about it so i'm feeling pretty good about it. >> i review them every six months and make a decision with their behavior. as to what level -- the next level that will go and whether they'll be released. it all based on their behavior and they're aware of what the rules are. and if they follow the rules, then they will get good news, and sometimes they won't get good news. inmate mchellon. >> yes, ma'am. >> i'm miss beasley with state classification. you're going to be released to open pop. >> thank you. >> you're welcome. >> yes! yes, y

commander in chief of the united states marlie: "top secret" is one of the highest levels of classification, reserved for material that, if released, would cause "exceptionally grave damage to the national clinton's camp described the news as "over-classification run amok." bernie sanders, who's trailing closely behind her in the polls, also brushed off the issue. despite being the oldest contender in the race, sanders is drawing much of his support from millennials here in iowa and across the country, who make up nearly a third of voters. jacob mckay, a sanders supporter, will vote for the first time during monday night's caucuses. he attended a what's a caucus event at drake university, where students simulated the political frenzy of the caucus experience. >> i have gotten to know who the candidates are, and i have not really gotten to the nuts and bolts of the process. marlie: in a process that takes several hours, caucus goers on both sides will take to schools, gyms, and other locations to choose a candidate. marlie hall, cbs news, des moines, iowa. alyx: clinton maintains she never s

we'll send the classification department. send individuals out to different counties where the smoke or drama may not be and we see if they can live in population. because we don't want a large contingency of people in our segregation units. it creates more disciplinary problems and we try to keep down the violence. if we try to stem some of the violence, we do. >> that step has now been taken with one of suffolk county's most notorious inmates, daniel esdale. >> yeah, man. >> mr. esdale was transferred to another facility for a week. he was here for a long time and sort of taking that known identity for him out of it and placing him somewhere else where he's not so known will be good for him. it was a real win/win for both the department and daniel because he's given another shot in another county. >> the suffolk county jail has almost been a second home to cindy archer but today she'll have another chance to put it behind her. >> i'm leaving. i'm going home. i'm getting discharged. >> you are? >> yeah. i'm excited. i'm goin

were on the line -- again without getting into the classification -- lies were on the line in some of the information in these e-mails? >> i'm not going to get into that for all of these conversations, but i would say anytime that any information comes out with human intelligence or can confirm something that people may wonder about, but once the conversation starts, it confirms it, it tells our adversaries that can get to a private server in new york, once they get that confirmation, it does do serious damage. >> congressman schiff, i want to pick up on one thing that senator lankford said, the inspector general, and he was simply reporting what the intelligence community cause saying, appointed by barack obama, confirmed unanimously by a democratic-controlled senate, person for a political hit job. >> i would say this. you have several republican chairs actively campaigning against hillary clinton and doing investigations of her at the same time, one of which went to -- >> muck cullo isn't, he was an obama appointee. >> let me fin, one who went to a rally saying his purpose was to d

clinton's camp described the news as "over-classification run amok." bernie sanders, who's trailing closely behind her in the polls, also brushed off the issue. despite being the oldest contender in the race, sanders is drawing much of his support from millennials here in iowa and across the country, who make up nearly a third of voters. jacob mckay, a sanders supporter, will vote for the first time during monday night's caucuses. he attended a what's a caucus event at drake university, where students simulated the political >> i have got to see the candidates talk and i have not gotten the nuts and bolts of the process down yet. marlie: in a process that takes several hours, caucus goers on both sides will take to schools, gyms, and other locations to choose a candidate. alyx: that was marlie hall reporting. clinton maintains she never sent or received classified information on her private e-mail account. with two days to go, leaders and central iowa are keeping a close eye on the candidates. in a somewhat surprising mode -- move, it was the republica

he had to have his classification levels upgraded in effect.in order even to evaluate this program that was discussed on hillary clinton's server. i talked to three national security lawyers who deal with this for a living. this is all they do today. and they all said without exception there is no question this person would have lost her clearances if this were a senior gs 14 or 15 employee. probably would have lost his or her job and possibly would have already been indicted. >> not only that but the emails then go to hillary clinton's lawyer who doesn't have the classification or the access either. i want to put up this pew poll, pretty large sample nationally about hillary clinton would make a blank president, good, great, average, and you can see the breakdown, 28% terrible. charles? >> let me just start by saying that the spike, steve's innuendo, david is not a double agent. [ laughter ] brazenness of her denial. for her to say today i never sent or received because, remember, earlier she said i never sent, which allowed you to do a clinto

higher classification than top secret. does it raise it to the level of a game changer? she possibly get the fbi recommending indictment and maybe an indictment? >> the underlying problem and why this is so confusing is we have no idea. there's vast amounts of classified material, a lot of it overclassified, some changed classifications in between. whether she knowingly did something to make her liable or whether someone else in the operation did something is what the investigation presumably is all about. you and i have been journalists a long time and been through a lot of scandals. both of the time the real issue is what the voters decide the scandal says about the character of the candidate. >> let me ask you as a matter of law. because she signed as non-disclosure agreement, signed becoming secretary of state. she sent out a memo to everybody else in the state department, don't use a private server. >> that's right. >> special access programs that are above top secret. every single incident if it's dozens of e-mails, seems that every one of those could be a potentia

classification will come and talk to you in a few minutes. >> a few minutes? >> the inmates are given a temporary housing location until they talk to classification officers. through the classification process is you know how we find out if people need to be separated from the general population, if they have any gang issues, if they have any enemies, or if they have any psychiatric issues. and then they house them appropriately after that. for inmate sobel and inmate potter, since it doesn't seem like they have any housing restrictions, doesn't seem like they have anything that's going to keep them separated from the general population, chances are they'll likely be housed by tomorrow morning. >>> coming up -- >> apparently i wasn't as clean as i thought i was. >> brian sobel is assigned a cell and a cellmate. >> his little cell is his domain. something doesn't go his way, he doesn't appreciate that. >> the possible gang-related brawl leaves investigators with questions. >> your eye is a little bit red, are you okay? did you get poked in the eye? but uft you'

contained government sket secrets, nearly two dozen of them requiring one of the highest levels of classification. >> right now the implications may be more political than to suggest wrongdoing. however, the state department is saying today that 22 e-mails from clinton's home server contained some of the u.s. government's most closely guarded secrets and won't be released. this has been an issue dogging clinton throughout her campaign for president. hillary clinton said she never sent or received information on her personal e-mail account that ed classified at the time. these e-mails in question today were on the home server. again, the state department department feels they're too sensitive to make public. >> this is an example of over classification run amuck. subject of a bureaucratic turf battle for several months. some of the agencies that were the loudest voices in this interagency squabble have prevailed. >> clinton is calling for the e-mails to be released but not in this stilted manner. there are investigations underway as to whether government information was compromised. >>> breaking n

the highest level of classification as demanded by the intelligence agencies. >> none of this traffic was marked classified at the time it was sent. >> just minutes earlier, lester had asked clinton about how the e-mail investigation might affect her campaign. >> anything could happen. indictments could happen. why shouldn't people, if they weigh the electability question, hanging over your head as you march forward. >> because the facts have remained the same. there was never any information sent or received that was marked classified to me. >> for people who are watching this play out and know the republicans will come at you on this with an open investigation, shouldn't people have some concern? >> no, they shouldn't, lester. i just don't see it as anything that will in any way cause any voter to -- a voter with an open mind to have any concerns. >> reporter: clinton's campaign called it a bureaucratic turf battle. >> these e-mails should be released to the public can view them. this is an example of overclassification run amok. >> reporter: jush tweeted marco rubio rubio said. >>

days as secretary of state contained information so secret they fell under the highest level of classification. nbc's andrea mitchell has details. >> reporter: as hillary clinton was campaigning in iowa, the state department dropped the e-mail bombshell. e-mails from her private server top secret, the highest level of classification as demanded by the intelligence agencies. >> none of this traffic was marked classified at the time it was sent. >> reporter: just minutes earlier lester had asked clinton about how the e-mail investigation might affect her campaign. >> anything can happen. indictments could happen. why shouldn't people, as they weigh the electability question, worry about this hanging over your head as you march forward? >> because the facts have remained the same. there was never any information sent or received that was marked classified to me. >> for poem who are watching this play out and know the republicans will come at you on this with an open investigation, concern? >> no, they shouldn't, lester. i just don't see it as anything that in any way will cause any voter to -- a

. >> top secret is considered one of the highest levels of classification, applies to information that could cause exceptionally grave damage to the national security. e-mails were on her home server and she has repeatedly denied e-mailing any classified information using her personal server. >> i did not e-mail any classified material to anyone on my e-mail. there is no classified material. >> reporter: news broke just three days before the iowa caucus. the start to the presidential election year. in a statement, clinton called overclassification run amuck. arguing if at least one case some of the contents appeared to involve information from a published news article. when pressed about the e-mails, state department spokesman john kerby wouldn't say much more. >> i'm not going to get into debating or discussing candidates one way or the other on the campaign trail. >> reporter: while the state department won't release even small portions, they want the e-mails reported to the public. david spunt cbs3 "eyewitness news". >>> in iowa the candidates are crisscrossing the state. making a f

the classification process is you know how we find out if people need to be separated, from the general population, if they have any gang issues, if they have any enemies, if they have any psychiatric issues and they house them appropriately after that. for inmates sobel and potter, it doesn't seem like they have any housing restrictions or keep them separated from the general population it seems like they'll be housed tomorrow morning. >>> coming up -- >> apparently i wasn't as clean as i thought i was. >> brian sobel is assigned a cell and a cell mate. >> his little cell is his domain. something doesn't go his way, he doesn't appreciate that. >> the possible gang-related brawl leaves investigators with questions. >> your eye is a little bit red, are you okay? did you get poked in the eye? >> you just got one eye that's red. >>> the downtown branch at the sacramento county jail system is its own gang investigation unit. it exists to keep pace with the ever-growing networks of gang-affiliated inmates. deputy gaming is assigned to the unit. >> we do have quite a few of gang members in sa

a spokesperson demanded the called it over classification run amuck. some may have impressions of secretary clinton that have nothing to do with the e-mail situation. >> i don't like bill clinton so i don't like hillariry. i know that sounds bad but i feel he was in the office for awhile and i don't want another bill clinton in the office. i wouldn't vote for her. >> would the e-mails with hillary, do they bother you at all? >> not really. i'm mostly deciding because of immigration. that is what is really getting me. immigration, education. >> bernie sanders had down played the clinton e-mail scandal but that was prior to his big jump in the polls. we'll see how all of that plays out in the final days of the the iowa caucuses. >>> ted cruz is running just behind donald trump in the iowa caucuses, the texas senator bringing in the closest allies. iowa talking to cruz's wife and other big name backers. >> i've heard a lot of people say this is the most lively exciting caucus they've seen in a long time. >> not to mention unpredictable. heidi cruz spent s

that's why we're doing a review here at the state department to look at the classification at the timeffic was sent. all i can tell you definitively is it wasn't marked classified at the time it was sent. >> sreenivasan: a clinton campaign spokesman criticized the decision to withhold the e-mail chains as "over- classification run amok." the announcement came three days before the iowa presidential caucuses. we'll hear from judy, in iowa, after the news summary. talks aimed at ending syria's civil war got off to a shaky start in geneva today. after days of uncertainty, the main opposition group announced it will send a delegation to meet with a u.n. special envoy-- but not with syrian officials. today, the envoy met with representatives from bashar al-assad's government, and he urged the opposition to engage, if it wants to be heard. >> we have been strongly suggesting to them that the best way to actually discuss the implementation of such type of discussion and therefore of improvement is to be done here and to do it with us, as proxy talks or directly. whatever is the format. >> sre

some say higher, and some say a special classification inside top secret? >> i have gone through a lot of the e-mails and you can see why there would be a difference of opinion between the state department and the intelligence intelligence about with they should be classified at all, what the classification might be and i would not rush to judgment based on the inspector citizen's cover letter. i tinge that given the that nothing was marked classified at the time this is no reason when you read the contents for the secretary to lead to the conclusion they should have been marked as "classified." an example why, if i were to send an e-mail to secretary john kerry who is on a trip to visit a foreign leader, including an article in the "new york times" or another publication, about a snowden leak and i am making this up, if that e-mail suggests that the snowden leak is accurate it could be classified, if it is just to put the secretary on notice it could come up, it is unclassified. you can see why even among compartmented programs there could be a difference

there have been earlier e-mails at a lower category of classification. in the top secret and the highest. as you say the state department says they were not marked as such at the time. however, the state department says it still has not determined it's going to go on to set up its own investigation to determine whether that information was classified at the time. you know, that's another issue because there's been this charge that a lot of this has been done retroactively, that it was not classified at the time they were sent, it was only a later determination made. but the state department saying here that question is actually unanswered. this information may indeed have been classified at the time, whether or not it was marked. listen to how john kirby answered the question on who determined whether this information was classified. >> you guys were prepared to release it until the intel community came in and said, hey, wait a second? >> no, i wouldn't say that. as i said, we had an ongoing discussion about this traffic with them. at their request, we h

. >> top secret is considered one of the highest levels of classification, applies to information that could cause exceptionally grave damage to the national security. e-mails were on her home server and she has repeatedly denied e-mailing any classified information using her personal server. >> i did not e-mail any classified material to anyone on my e-mail. there is no classified material. >> reporter: news broke just three days before the iowa caucus. the start to the presidential election year. in a statement, clinton called overclassification run amuck. arguing if at least one case some of the contents appeared to involve information from a published news article. when pressed about the e-mails, state department spokesman john kerby wouldn't say much more. >> i'm not going to get into debating or discussing candidates one way or the other on the campaign trail. >> reporter: while the state department won't release even small portions, they want the e-mails reported to the public. david spunt cbs3 "eyewitness news". >>> in iowa the candidates are crisscrossing the state. making a f