joining me eric lichtblau and ari pel ber. let me start with you. equal justice under the law, did what james comey said yesterday meet that standard? >> yes, based on the evidence they provided and what is publicly known, according to a very volume nows review of the e-mails, the fbi which means director comey and also the investigate ares and line agents read every e-mail, interviewed the key players, looked at the security issues including legitimate questions about what it means to use a private server and what exposure that provides classified information, and then came to a judgement that i thought was quite clear in the way he stated it. that number one, there wasn't the kind of evidence to support the bringing of federal charges. full stop, that is enough. but then number two he clearly wanted to go further and say this wasn't a close call. indeed, no reasonable prosecutor, he said, would go forward on these facts. >> eric, and yet there is this ongoing debate that people who have been in lesser positions within the government have been char