representative gowdy: could i ask one more question? let's assume you plead guilty to armed robbery and your sentence is drug court. how many lapses do you think are appropriate before the actual sentence imposed is carried out? mr. botticelli: i would have to go back and look at the guidelines. i'm sure that that would be interpreted in different ways by different judges. ifsked the don't know that there is a specific guidance around -- representative gowdy: i'm talking about s practices. the first offense, the first relapse doesn't make any sense. the hundredth doesn't make any sense either. botticelli: the national association of drug court does put our guidance. but to your point, i think there is in a dollars meant that many people with substance abuse disorders do relapse and we do need to have a good response in terms of that. you are right, people need to be held accountable for their actions as well. so it is a real balance between recognizing relapse and holding people accountable. representative gowdy: outsell you what i'll d

i don't understand everything about trey gowdy.o understand about trey gowdy, he has served this nation incredibly well as the chairman of the benghazi committee. he has done a fabulous job with the benghazi committee. and i believe that his service on the benghazi committee, what we have seen come to light because of that committee, further illustrates that the president's foreign policy has been an absolute failure, and his willingness to close guantanamo bay and send the world's worst enemy combatants to a location near some of us is simply the icing on a disastrous cake. baking into american history a terrible eight-year run on foreign policy. before i talk about one-time obey, let's look at his -- guantanamo bay, let's look at his international interactions. you will agree, we simply cannot afford four more years of obama-style foreign policy led by hillary clinton. we cannot afford that. [applause] that an american president would travel to other nations and demand that walls come down and freedom be expanded. reagan traveled

gowdy, is recognized for five minutes. rep. gowdy: thank you, mr. chairman. mr.irector, thank you for your service to the country. and i do appreciate your acknowledge and that of my colleagues of the difficulty in recognizing binary constitutional-- my biases towards public safety. because of this loosely held conviction that the right to counsel, the right to free speech, right to a jury trial is if you are dead. so i reconcile those competing principles in favor of public safety. my concern is i hear you testify is that i have colleagues and others advocating for these evidence-free zones. they will be compartments of life where you are precluded from going to find evidence of anything. i am trying to determine whether or not we, as a society, will accept that. that there are certain -- no matter how compelling the is, we ares interest declaring right now this is an evidence-free zone. you cannot go here, no matter if there is a terrorist plot -- the case the magistrate decided yesterday in new york is a drug case. those are a dime a dozen. national security?

gowdy: i have been gone since 2010. it seemed after that it was shipped over to pharmaceutical companies. you, there has not been a shift. we have aggressively gone after. small number of dea registrant's. but i will look into it and get back to you. gowdy: i know it is hard to prosecute doctors, but when they do an examination and are just running a hill mill, prison -- a , prison might be the best place for those doctors. >> what kind of a court system would you say would not have defense attorneys who would advise their client to go to probation instead of drug court? are you familiar with that? >> actually, there has been huge support across the board as a relates to our drug court. bags i am sure it is if it is a divergent court. >> i am sure it is. i am not talking about diversion where you have no record and don't face any consequence. i am talking about you plead guilty and your punishment is of probation, sit with provision being much easier than drug court. >> there are many drug courts that operate under that

gowdy. you know, on november 20, 2014, a number of memorandum were issued by the secretary of homeland security. one of them is titled, policies for the apprehension, detention and removal of undocumented immigrants. that was pursuant to section -- to the 2002 action of this congress, creating the department of homeland security and directing the secretary to establish priorities for removal. and the worth pointing out that this memorandum has not been enjoined. nobody sued to stop it. it's in effect, nobody's challenged its legality, it's what is happening right now. in fact, the only things that have been enjoyed temporarily are the dapa, the relief for parents and the expansion of relief for children. now, my colleague who i respect and like, mr. poe from texas, did mention that the deferred action provides benefits, health care, education, in fact, the deferred action provides no such benefits. it is not a legal status. it is a deferential of deportation. it is rev cabble at any time. d

gowdy: "the right to counsel, the right to free speech, the right to a jury trial just isn't of much use if you're dead." just yesterday ... a federal magistrate sided with apple in a similar case in new york - ruling there's no law forcing apple to hack a locked phone. that new york case won't affect the california ruling - but it shows that the fight between apple and the government is far from over. the only question is whether the war of wills will be settled by congress or the supreme court. after 365 days floating around the international space station, scott kelly will finally feel gravity again tonight. the nasa astronaut is ending his record setting run in orbit tonight when he and a russian cosmonaut return to earth. this morning kelly tweeted out these pictures. they are of his final sunset aboard the space station. kelly has made more than ten-thousand orbits of the earth in the last year. the old wives tale won't hold true this year ... the girls state tournament is the old wives tale won't hold true this year ... the girls the old wives tale won't hold underway and ther

gowdy, for five minutes. >> thank you, mr. chairman. mr. sewell, you just mentioned a balancing.can you give me a fact pattern where apple would consent to the madgistrate judge's order in california? >> congressman, we'll follow the law if we're ordered -- >> i'm asking for a fact pattern. you mentioned balancing. i want you to imagine a fact pattern where you balance the interests in favor of what the bauer row is asking you to do as opposed to your current position. give me a fact pattern. >> congressman what i said was we have to balance what is the best security for the country. not balance when we should give law enforcement what they're asking, but balance what's the best security for the country. >> i thought that's what we were balancing is public safety versus privacy. you also mentioned the first and fifth amendment. can you give me a fact pattern where apple would consent to the order of the magistrate judge? >> congressman, what i said was, privacy, security, personal safety. >> perhaps i'm being ambiguous in my asking of the question. can you give me a fact pattern

trey gowdy says considerable progress has been made in the investigation but some, kratz are skeptical about the motives and latest deadlines. i'm mark crumpton. vonnie: thank you so much. all eyes on the federal reserve assurancess wait for of continued growth. pimco's economic advisor was thinking at the challenges facing policymakers. >> central banks are constantly learning and trying new things all the time. they are the only game in town and fiscal policy is not helping, so they have to try new things. they have discovered it is probably not the holy grail. this is why the impetus -- the emphasis is shifting. vonnie: joining me now is the equity manager for funds management. it seems to always prop up equity markets. guest: i like it when stocks go up and that's not the point. the point is to help the economy. i think that is where the help comes from. julie was talking about the call for an interest rate increases year. how would you rate that? probably backed off from where we thought before. it's like taking an airplane trip. you don't get off the airplane early if you don't a

what tray -- trey gowdy was saying forever, we want specific emails that have to do with discussion and never gotten them. >> precisely. so if they are holding things back, or if worse yet, if those e-mails were among ones mrs. clinton's people thought they erased and fbi was able to retrieve them, then we have a crime of obstruction of justice. so what may appear to be, oh, just a case about emails, in reality goes to integrity, and to the rule of law. and whether mrs. clinton is above the laws that govern all of us or whether she is subject to them like the rest of us are. martha: the fbi is in such a tough position here because they want to be seen completely straight shooting here and completely unpolitical and there is no reason to think james comey is not a straight-shooter on this issue. >> agreed. martha: then you have got the two judges who are independently asking for the ability to question hillary clinton and her inner circle with regard to this. is there any reason to think these judges are political. >>> oh, no, one was appointed by ronald reagan 30 years ago. one was appo

gowdy spoke of.what i'm confused about is this, the tool that you would need to take away the dogs, to take away the vicious guard dogs, is a tool that would disable the auto erase. there's some confusion as to whether there's an additional tool that you're seeking that would allow you to rapidly test possible pass codes. is there a second tool as well? >> yeah, i think there's actually three elements to it. and i've spoken to experts. i hope i get this right. the first is what you said, which is to disable the self-destruct, auto erase-type feature. the second is to disable the feature that between successive guesses as i understand it ios-9 it spreads out the time so even if we got the ability to guess, it would take years and years to guess, so do away with that function. and the third thing which, which is smaller, is set it up so that we can send you electronic guesses so we don't have to have an fbi agent punch in one, two, three, four, one, two, three, four, like that. >> after this case would

south carolina congressman and lawyer trey gowdy goes "on the record."evening, sir. >> good evening, how are you? >> very well. does this mean anything to a judge? that the house of representatives may be filing a brief saying me, too on this lawsuit brought by states against this executive action? >> you know, ordinarily, i don't think amicus briefs -- i mean, judges will never tell you that but i don't know that judges are that persuaded by amicus briefs. i think it may be a slight exception. this is a constitutional question. and the house definitely has standing. i think we would have had standing to bring the suit quite frankly, but the states brought it. i would think the supreme court would be interested in our perspective on the constitutional equilibrium. >> when will this be filed likely? >> as soon as we can find a lawyer smart enough to drafted the brief for us and that rules out most members of congress. so i think the resolution allows paul if he wants to to seek the advice of outside counsel. >> you know, i don't want to get into the weeds

gowdy. >> thank you, mr. chairman. i want to thank all of our panelists. i want to thank my friend from maryland for his gracious invitation, which i will take him up on. i would love to go see what's happening in baltimore. i suspect, mr. chairman, that it is at least on the larger scale, similar to what was happening in my own town, which is why i started a drug court in 2000. and in addition to that drug court, we started a drug court for expectant mothers who were using controlled substances during the course of their pregnancy, because i do believe getting them off drugs is infinitely preferable to incarceration in nonviolent cases. i would also say this, mr. chairman and to my friend from maryland, there is no joy like going to a graduation ceremony for those who have concluded drug court successfully. i have had folks that i prosecuted stop me in the grocery store to show me their certificate from their graduation. and they were prouder of that than anything you or i could have ever accomplished in our careers. i counselled folks who were still goin

so, trey gowdy as chairman of the committee has said we are playing it straight.o a good job. the product at the end is going to fulfill the instructions of the house. that is find out what happened and make recommendations so that it never happens again. >> state department fully cooperating. >> no. they have been ridiculous. >> secretary clinton fully cooperating? >> no, of course not. >> her assistants like yuma abedin and cheryl mills. >> they have come in as they have been compelled. in some cases compelled. some cases voluntary. no, this has been passive aggressive. from the beginning. the administration has been miserable. let me underscore that miserable. a combination of incompetence in terms of their own data and i would argue malevolence. >> congressman, nice to see you sir. >> good to be with you, thanks. >> the debate before super tuesday did not slow down donald trump. he won big on super tuesday. what about tonight? what trump's g.o.p. candidates going to do? that's next. market conditions... you can feel confident... ...in our experience. call a t.

benghazi committee chairman trey gowdy gave me a new statement in response to this development. this is first on msnbc and i want to read it to our viewers. it says, "our thorough fact-centered investigation into benghazi is not about the former secretary of state and our report will not be about her either. this is about the four brave americans we lost in libya and getting their families and all americans the truth." he tells me," i'm confident the value and fairness of our investigation will be abund dantly clear to everybody when they see the investigation for themselves." so this is big news, a former staffer who had accused them of political bias, dropping that explosive charge which many had used against the benghazi committee. sources familiar with the former staffer say that just because he removed the claim from the lawsuit, which they may say is for strategic reasons, doesn't mean he doesn't actually stand by his story of what happened with political bias on the committee. as for 2016, thomas, democratic defenders of hillary clinton may have lost one of their talking

his fifth amendment rights before congress, he urged him to instead submit to questions from trey gowdy'sttee. other aides did. that is what hillary clinton herself did in the infamous 11-hour marathon appearance where she exposed the sort of partisan bias at the republican deis. and the point was, she was willing to answer any question. so have all of her aides. we wanted brian to do the same. he decided not to, but we're pleased he is at least cooperating with the justice department. the more answers he can give, the more it will clarify the justice department's understanding that nothing inappropriate took place here. >> and you have good perspective, unique perspective, because you're a former spokesman for department of justice. how unusual is it for department of justice to grant immunity to someone like this? it's not an easy decision, right? >> well, look, i think that, you know, you have to keep into perspective what mr. pagliano may be equipped to tell the justice department lawyers that are looking into this. and i think that if you recall, back in august, when this was first l

of, who i another one thought would be my hero -- trey gowdy.hose two, i had a lot of faith in them. but like i say, it didn't take them long to get bought out. here, where iound old, ind i am 82 years theoing to be very upset if nomination is taken away from donald trump. if they think they can bring in , theysh or someone else better think twice on that. host: happening in washington yesterday, the supreme court heard the oral arguments for religious liberty versus birth-control mandates in the obamacare laws. and usa today headline says dividedcourt appears over the case. we are going to be airing the oral arguments on c-span coming up, we can tell everybody about that. we will be airing that, let me find it for you. the oral arguments are coming up on friday. there it is. 8:00 p.m. eastern time, so for all of you covering this issue, that is 8:00 eastern time. also, this story -- alleged hastert's testify at hearing. sentencing in the hush money case, according to the unannounced court hearing this week. it is the first time the court has of

gowdy. >> thank you, mr. chairman. agent milioni, i want to talk to you about drug court. before we get to drug court, would you agree that there are some who traffic in narcotics who themselves are not users? >> i would agree. >> so drug court is not going to be much help for us or for them because they're not addicts. they don't use. so let's go with those who are using drugs. i think you would also agree with me that folks who use drugs commit robbery and burglaries and domestic violence and a host of crimes that we consider to have an element of violence. would you agree with that? >> that contributes to it, an element of violence, yes. >> you have drug dealers who don't use and drug addicts who are not engaged in title xxi crimes. >> correct. >> all right. there are different models for drug court. some are diversion programs when you just divert out of the criminal justice system all together. some you plead guilty and your sentence is drug court. and we had a dickens of a time in south carolina of getting criminal defense attorneys to plead their clients to drug cou

. >> this is the fbi, though, not tray gowdy, jay. >> i hear you.her. much more of a challenge for her in the general election when she's the nominee, which i think we all expect she will be, but you know, that's -- that's an issue for her that she's going to have to contest. the way you contest it is you deal with the issue. you realize that you don't have total control over it, because an investigation is not something you can spin or control and then you focus on your campaign message about, you know, sound governance and helping the middle class, and see where that takes you. you can't spend a lot of time worrying about things out of your control. >> jay carney, the questions are out there. thank you for providing answers for us this morning. good to see you on "new day." >> thank you, chris. >>> hillary clinton and bernie sanders are going to have their moment in the spotlight now. the next one, the debate sunday night in flint, michigan. anderson cooper moderates sunday night, 8:00 eastern, only on cnn. >>> alisyn? >> chris, something else hap

they only agree to do talk to the congressional panel after a secret meeting between chairman trey gowdyr attack that left four americans dead. and that also includes ambassador chris stevens, of course. and the shot that broke a thousand brackets. >> justinson, half court for the win. got it. he nails it northern iowa wins it at the buzzer. >> northern iowa university taking care of business at the buzzer with a half court heave 75-72 that wasn't the only major marv madness upset. >> here come middle tennessee wide to the lane, give it up. and a foul! middle tennessee, first of all,. >> defeating michigan state spartans in the first round. second ranked michigan state never led in that game. those are yourik headlines. >> thank you, anna. protests coming up in utah last night were just the beginning of a long-season of protests. we're expecting them to follow donald trump wherever he goes. sheriff david clarke has seen the protesters up close. says they are not at all what they seem. he explains next. >> the video terrifying but not for this dare devil skier. the death defying stunt 14,

as a matter of fact, several months earlier, when trey gowdy was seeking to talk to bryan, we urged himought he had nothing to fear from taking questions from the house benghazi committee because he didn't do anything wrong. so we are glad to see that he's apparently cooperating with the justice department review. and i think that a lot has been made, too much has been made n fact, i think it's being misinterpreted that he has sought immunity. lawyers very frequently will advise their clients to do that out of an abundance of caution to preserve all their legal options. it doesn't at all tell you that they believe their client did anything wrong. bryan didn't and if you look at the reports today from the "washington post" and "new york times" what the justice department is looking at is the e-mails that were sent and bryan didn't have anything to do with that. bryan's job was to set up the server in the first place and then to maintain it for a few years after, but in terms of this question of whether any sensitive information was e-mailed, bryan i suspect would have very little to say

would cooperate with this process, and we are disappointed that brian chose not to talk with chairman gowdyth the fbi in this case and the job of a lawyer is to get him the best deal possible. so the fact he's been granted some type of immunity is not any kind of indication that they think he did something wrong. and, in fact, he did nothing wrong. i mean, he was responsible for setting up the system and did some maintenance of the system. you saw the report that there was no hacking of the system. but we don't think he'll have much to add when it comes to the actual classification of the e-mails -- or information on the e-mails themselves since his responsibility was really around the setting up of the system. >> setting up the server, right, of setting up the server. and we know that other secretaries of state have had private e-mails. they haven't had a personal server sitting in their basement. are you saying secretary clinton will go in under oath and testify, and you hope to get that on the calendar when under oath? >> i'm saying that she has said very consistently since last august t