are you familiar with brian nishimura? he is a naval reservist. he was prosecuted. what is the difference between his case and hillary clinton's in terms of extreme carelessness and gross negligence? we are dealing with statute 793, section f. it does not require intent, is that correct? director comey: 793 is gross negligence. >> is that why brian nishimura was punished? director comey: he was punished under the misdemeanor statute on facts that are very different. if you want, i can go through them. >> i think there has been a review of this case, and they are similar. director comey: what they are reading in the media is not a complete accounting of facts in the case. >> would you agree there is still no precedence for punishing someone like hillary clinton? she could potentially be elected president and doing this again without fear of being punished. director comey: i do not think i am qualified to answer that question. >> thank you. >> i want to recognize the gentlewoman from new mexico. >> thank you, mr. chairman. i have had the benefit of, when to are last o

one that got a lot of attention today concerned retired navy commander brian nishimura.ow, he pleaded guilty to transferring classified data to a personal computer and got himself a fine and two years' probation. navy officer lyle white also moved classified materials to a personal hard drive but admitted he knew he should not, and he was fined $10,000, sentenced to two months in confinement. john deutsch, former head of the cia, needed to be pardoned by president bill clinton to escape similar charges. one major difference between these cases and hillary clinton's was that these men ultimately admitted they knew the classified materials were indeed vulnerable. joining me now, shannon coffin, former former doj. and matthew miller, w. good to see you both. let me start with you, matthew, as somebody who used to defend this justice department, not ms. lynch's, but mr. holder's, on whether you believe -- i mean because here's what the critics say. they say that this statute requires gross negligence. that's what had to be proven. and they say, you know, director comey's sta

are you familiar with brian nishimura's case? >> yes. >> he's a naval officer and he was prosecuted. what is the difference between his case and hillary clinton's case in terms of extreme carelessness and gross negligence? we're dealing with statute 793 section f where it does not require intent. is that correct? >> 793 f is gross negligence standard. >> is that why he was punished? >> no, he was prosecuted under the misdemeanor statute 1924 on facts that are very different. if you want know go through them, i'll go through them but very different. >> i think there's been a resue of this case and they're very similar and that's why people feel there's a double standard. >> what they're read in the media is not a complete accounting of the facts in that case. >> would you agree, then, with representative gowdy that there still is no precedence for punishing someone like hillary clinton and she could go in -- potentially be elected president and do this again without fear of being punished? . i don't think i'm qualified to answer t

bill: have you heard of brian nishimura.e pled guilty for unauthorized removal of classified materials. they found classified materials in his house. she had a private server in her home. please explain to our audience what in the world is the difference? >> that will be the responsibility of the f.b.i. director when he appears before congress. he didn't take questions or provide answers to those kinds of questions. i'm sure there are millions of americans who are puzzled about what that answer might be. >> you know andrew mccarthy the former u.s. attorney. he said in order to give hillary clinton a pass, the director rewrote the statute, inserting an intent element that congress did not require. people never intend the bad things that happen due to gross negligence. >> the attorney general could still decide to move forward with an indictment. i think jim comey has locked her into a position. if she moves forward with an indictment that calls into question jim comey's credibility and judgment. that one statement in my judgm

is that why brian nishimura was punished? dir. comey: no. he was produced under the misdemeanor statute, 1924 on facts that are very, if you want me to go through them, i'll go through them. >> i think there's been a review of this case, and they're very similar. dir. comey: that's why people feel what they're reading in the media is not a complete accounting of the facts in that case. >> would you agree then with representative gowdy that there still is it really no precedence for punishing someone like hillary clinton and she would be potentially elected president and do this again without fear of being punished? dir. comey: i don't think i'm qualified to answer that question. >> my time's expired. >> now recognize the gentlewoman from new mexico. >> thank you, mr. chairman. i've had the benefit of when you're last to or nearly last, to really have both the benefit and then to question the kinds of statements and the dialogue back and forth. where i'm settled at this point in time is in a couple of places, but particularly, i don't think t