cnn senior legal analyst jeffrey tuben and paul callen. you have both been all over the system. job at the u.s. attorney's office figuring out these cases. so, let's play the disadvantage. you play the defense, you play the prosecution. he comes out and says "extreme carelessness." was it a wink that he could have made this case but for some reason chose not to? >> there's bazar things going on here. because first of all director comey is the cop on the beat. he's supposed to be investigating the facts and only the facts and referring that to justice department inhouse career unit. they're supposed to make the decision whether to prosecutor or not but he's a former federal prosecutor and instead of saying i'm reporting the facts, he's saying we're not going to prosecutor. >> you think they set him up to give cover to the attorney general after what happened to the clinton plane incident? >> i think he's torn -- this is a close case and any prosecutor is going to say there is enough here to indictment and would it be won at trial? let me focus on one thing, the thing you've been