this is for people who submitted foia requests. we wanted to respond or read the white house response to what you are writing. they touted its success. it excludes instances where it could not find records or a person refused to pay for copies. it released 91% of requests. we actually do have a lot to brag about. what do you make of that? guest: this is the white house putting their own spin on some bad numbers. this is the equivalent of your son or daughter going to school and coming home with a bad report card and him saying well, i tried my best. it's not good enough. they have done some laudable things under the freedom of information law. on day one, he turned upside down the presumption that records ought to be releasable. that had not always been the case in the past. i mentioned earlier, they don't gouge us. he instructed federal agencies in that one category where it's backroom discussions and conversations about policy, in those cases, agencies ought to release them. what we saw last year is those numbers were low. i thin

. >> the lawsuit is over six foia requests. >> foia, freedom of information act requests which allows tus get documents from the government. >> the point of the foia is to open window on the operations of government why and how and what decisions are being made. in fact, one of president obama's first actions on his first day in office was to state his administration's policy about foia. and he said that there should be a presumption of openness, that when, in doubt, the government should disclose. for five years, at least with respect to one of its requests the a.p. has been waiting for the state department to disclose. >> what is the state's department excuse? five years is so unbelievable. >> the state department is slow at responding to foia qu s not just a.p. but citizen requests. >> five years. >> five years one of the requests. others go back two years. the state department says it receives 19,000 foia requests a year. that is a lot to process five years is too long for the citizens of the united states to wait for information how their government functions. >> let's set aside

we will abide by what others -- whatever foia we have to turnover. we have a retention policy and unless there is an open foia we generally would hold on to those for a certain number of weeks and then delete them or purge them from our system. but we always have abided abided by whatever the state law was on that and i rely on my legal counsel to do that. >> there's also no archiving requirement in maryland on e-mails deleted archive a ton of states that operational menus for all of you to peruse for eight years. >> i understand there's a press question in the back. >> i am annie from the "boston globe." i have a question related to the chairs question. you believe under the auspices of good government that an initial -- an official should use a personal e-mail or account for duties? >> i am not an expert on federal requirements for state requirements. frankly i'm a little sick of the e-mail drama but in our state whether you used a personal e-mail or a public e-mail or a carrier pigeon it was all at public record subject of disclosure and response

we'll continue to follow your foia request and more importantly in my view, mine. >> right. i agree. you're more important. >> thank you for being here.

foia is a principal component of that.hen we talk about the delays introduced in the process, we are still getting responses back from federal agencies asking for correspondence between congressman ryan and federal agencies from the last election. it's a frustrating tool to use for presidential setting. it's not the only tool that we use. part of our vetting was digging into secretary clinton's background. we were so frustrated with the response for the records that we were unable to get at the state department. the ap filed a federal lawsuit to recover e-mails that she had written about a number of subjects which he was secretary of state. host: how does large volume explain denial? does it take longer to comply? guest: when you have a large volume, you are rushed. it's always easier and safer to withhold something then asked delhi really something that might not be supported under the law. one of the troubling items that we found in our investigation was in the rare occasion -- it's only about 2% of requests that are cha

and you've got foia act requests. this one here shows the state department apparently had a team they called the benghazi group. fox news has been told their job was damage control. this scene was known as the cheryl mills task force. this e-mail here is about blue mountain, the security team that was supposed to watch the ambassador and guard the compound and this e-mail again mentions the task force.

back us up a little bit explain exactly what foia is.on from the federal government and it is often described as a law that keeps citizens in the know about their government. take us deeper into the. when did it start? why did it start? how has been working? >> guest: 1966 was when it was passed. it has been amended several times to clean it up try to break into the electronic age encompass things like e-mail and text messages. this is one of the fundamental tenets of democracy in the u.s. when it comes to transparent government and holding government accountability, holding government accountable. it is the closest equivalent to a citizen subpoenaed. you can demand that the government turn over records related to its activities and are only about nine different categories of exceptions, exceptions to the law. for example, you can't answer something that may be classified or soviet-made national security applications. >> host: what do people what do folks want to know? >> guest: a lot of veterans ask for their medical files under the fre

>> leading the news in "usa today," white house office to delete its freedom of information act or foiaules will exempt the office from transparency law. the white house says the change is consistent with court rulings that hold the office is not subject to foia. >>> in "l. a. times" starving sea lion pups stranding on california beaches. rescue centers are struggling to keep up with hundreds of sick and starving sea lions washing up along the coast. scientists expect warmer waters from el nino are affecting their birthing grounds. >>> a wisconsin woman accused of causing a deadly crash while allegedly driving and facebook chatting made an initial court appearance yesterday. millberg faces three counts of homicide by negligent operation of a vehicle. one count of reckless driving causing injury. the crash killed her 11-year-old daughter and 5-year-old nieces. she was released on $30,000 signature bond. >>> oregon's democratic governor kate brown signed a first in the nation voter registration law monday. it uses dmv records to automatically register voters that potentially adds 300,000

we'll continue to follow your foia request and more importantly in my view, mine. >> right. i agree. you're more important. >> thank you for being here. >> thank you. >> we appreciate it. and, you know, the state department can put our foia request to bed tonight by calling up and telling us we found it, we have the document. if they have that document and she signed it, it is officially her problem. if they didn't have the document and she didn't sign it it is their problem. you can go to facebook.com/thekellyfile right now during the break to see our state department request and the federal form that could leave mrs. clinton potentially facing criminal charges so says the form itself. plus, when the doj dropped an ugly report on the city of ferguson, the mayor responded by firing staff. but now he's firing back. he says he's about had it with the doj. that this report is unfair, unbalanced and often untrue. he'll explain why right after this break. and then we finally get a chance to speak with the man who prosecuted this case who investigated the michael brown shooting an

so the standards by which we process foia requests we process documents to be released, those are the standards we'll use for the review. what we determine are appropriate under those standards will be public. >> harf is also getting questions by a cable obtained by fox news that shows in 2011 mrs. clinton's office was ordering people not to use personal e-mail for security reasons while she carried out government business exclusively on those private accounts. >> this isn't her best practice guidance. her name is at the bottom of the cable as is practice for cables coming from washington. some people think she wrote it which is not accurate. >> members of the benghazi select committee on the republicans say they certainly intend to call mills even ryan us before this is all through, gretchen. >> it keeps getting more interesting. catherine herridge, thank you. keep on it. >>> another alert to tell you about because president obama participating in a town hall. this is at benedict college, columbia, south carolina. the president is speaking at the historically black college as he make

they say they're cleaning up foia regulations. and here is what that office does.s is the critical thing. here is what the office of administration does. record-keeping like what? archiving of emails. john fund to you, what do you say? >> well, technically they may have a point because some courts have ruled on this issue but talk about bad timing? this is an administration that came into office promising the greatest transparency ever, and as a result, we expect more from them. what we're get something almost nothing. we're getting transparency literally being, have a blanket thrown over it. gerri: go ahead. >> this is is outrageous. gerri: fred, your reaction to this. come on, the president said i will share everything. i'm wide open. most transparent administration in history. don't give us a foia request, no. we'll not respond. >> my reaction is they're not cleaning up. they're hiding something. why would they do that now? they realized that reporters and other groups are really, filing many, many more claims now. they saw what happened with hillary and happeni

and it will reopen i believe this foia lawsuit because they lied.ided false sworn declarations to the court. >> very interesting. chris farrell, please keep us apprised of this situation. thank forzs for coming back. >> thank you. >>> let's move on to this. there's been harrowing testimony from the man who escaped from the tsarnaev brothers. taking the journey through his terrifying ordeal from the moment he was carjacked to his conversations with tamerlan where he admitted to the bombing and his quick-witted escape at the gas station. that getaway a pivotal moment in the man hunlt. the police were able to use the locator in main's iphone to close in on the brothers. let's bring in eric guster, criminal defense attorney looking at this videotape surveillance rnd videotape as well. great to have you back. >> good to be back. >> this is amazing surveillance video. bring us through what happens as mr. main comes into the gas station out of the car. >> he really runs from his life from these brothers because they've admit they've blown up several people

they and our white house is likewise not subject to foia. called the presidential records act which is counterpart to the federal records act and where one ends, the other begins and vice versa. host: here's steve and maryland. you are on with daniel met cap. go ahead. caller: just an observation and a comment. we understand that this issue is being debated. do you believe that the inspector general office of the state department will look into this matter and through their independent review determine whether or not administrative violations have occurred or potentially criminal? i want to stress the fact that this is not a debate of whether something was correctly or incorrectly, but we have a system in place that i believe could easily address this and protect privacy, if required. what are your thoughts on that? guest: my first bought working back from front is that i have no basis in speaking of anything that might be criminal. put that entirely aside. it is one thing to violate a criminal law and it is another thing to take action that

we will abide by what others -- whatever foia we have to turnover. we have a retention policy and unless there is an open foia we generally would hold on to those for a certain number of weeks and then delete them or purge them from our system. but we always have abided abided by whatever the state law was on that and i rely on my legal counsel to do that. >> there's also no archiving requirement in maryland on e-mails deleted archive a ton of states that operational menus for all of you to peruse for eight years. >> i understand there's a press question in the back. >> i am annie from the "boston globe." i have a question related to the chairs question. you believe under the auspices of good government that an initial -- an official should use a personal e-mail or account for duties? >> i am not an expert on federal requirements for state requirements. frankly i'm a little sick of the e-mail drama but in our state whether you used a personal e-mail or a public e-mail or a carrier pigeon it was all at public record subject of disclosure and response

i am not familiar with the request for the first lady's dresses and have not gotten deeply into foia litigation in the eight weeks i've been at main justice now, but i can assure you that going forward, i would be happy to work with you and other members of the committee. >> my question i think it was not who pays for them, i wasn't clear initially. but i appreciate your commitment to work with us on this. i think there's a lot of work needs to be done at the department. and in the federal government generally about transparency, which you referred to in your opening comments and fidelity to the rule of law when it comes to freedom of information. thank you very much. good luck. >> thank you, senator. >> senator durbin. >> thanks, mr. chairman, and thanks for being here today and coming by my office. let me ask you at the outset about human trafficking and stipulate that i think senator cornyn's bill is is a good bill. we've been mired down on one aspect, hoping we can break through. you have not only dealt in some capacity with the victims of human trafficking and it strikes me that

i think our foia laws are in place for transparency. the department of justice is committed to ensuring that they are followed not just in the letter but also in the spirit. i am not familiar with the request for the first lady's dresses or gotten into foia litigation. i can assure you that going forward i would be happy to work with you and other members of the committee to ensure that we are fulfilling our obligation under the foia laws. john cornyn: i appreciate your commitment to work with us on this. there is a lot of work that needs to be done at the department and in the federal government generally about transparency. thank you very much. good luck. sally quillian yates: thank you senator. dick durbin: let me ask you about human trafficking. i think the bill is a good bill. we have been mired down on one aspect of the bill. it is felt strongly that we need to address this. you have dealt with some capacity with the victims of human trafficking. it strikes me that these victims are very young. that is on tragic aspects of this. m

that would be kind of shady if you're using it to avoid foia.void foia. >> i think management, if you take the industry -- >> it's cybersecurity. and you have never sent an e-mail and not being familiar with e-mails seems to complicate things. >> i think management is different than expertise. we expect the commander and chief to oversee the military, but it doesn't mean that the commander and chief enters the position with a great mastery of how the weapons work. they have to then learn and manage. >> it is just e-mail. it is not weapons mastery. not only does it terrify me. if we'll remember a few years back when the supreme court was ruling on -- i believe the case was whether or not you could use a cell phone from work to send texts and stuff and these people were like can you print from a phone. >> there are a lot of questions. >> as a lawyer i will argue that goes to my point. >> ari, as a lawyer -- >> did you know he was a lawyer? >> no. that's shocking. are you a lawyer? >> we have to wrap up. make one last very quick point. make one las

it's just foia standards. it might be hard for 55,000 pages to have an estimate how much time it will take my hand but 300 is seems a little bit easier. >> willits 900 pages in 300 e-mails. shorter than 55,000 by mathematics. i don't have an estimate on that particular piece. i can check and see if there is more specificity. let me add one more thing and brad asked this last week. specifically reduction criteria has included and would include since we are following the same standards national security personal privacy privilege and trade secrets among others. as per regular process will identify the basis for any reductions and that's i think something that was brought up. >> one last thing. did anyone ask given the alarm of the sticky while asked for an electronic version of it as well? >> i don't believe so mad. i think this has been handled in a specific way for some time. >> later former secretary clinton took questions from reporters about her use of a personal e-mail address. here is some of the exchange

and i think that our foia laws are certainly in place to ensure the kind of transparency that is really the bedrock of our democracy. and certainly the department of justice is committed to committing that foia laws are followed not just in the letter but also in the spirit. i will confess that i am not familiar with the request for the first lady's dresses and have not gotten deeply into foia litigation in the eight weeks that i've been at main justice now, but i can assure you that going forward, i would be happy to work with you and other members of the committee to ensure that we are fulfilling our obligation under the foia laws. >> just to clear up my question i think it was about who pays for them. i wasn't clear about that initially. i appreciate your commitment to work with us on this. i think there's a lot of work that needs to be done at the department and in the federal government generally about transparency, which you referred to in your opening comments. and fidelity to the rule of law when it comes to the freedom of information. thank you very much. good luck. >> thank yo

g@7lztóuafkp@)' k so i think there's selective compliance with the foia request and with the foia law maybe not politics but they're playing selective memory challenges and it's in response to what the american people care about. so kind of fooling the american public or denying the american public the right for answers that are pretty legitimate questions. i don't think the questions are not appropriate. the answers just are not forthcoming. >> and we've all seen in recent years a number of the congressional investigations that are onongoing. and democrats say they're witch hunts, no purpose behind them. but we'll see what the committees have released that they've gotten back. not talking about subpoenas. entire sheets that are just blacked and marked out. some things are confidential. but it seems sometimes that there are politics in play and they'll say, listen, we'll give you alt pagel the pages but there won't be any words on them for you to read. >> i understand why the president should have the ability to keep information such that he can make sound policy. i'm not against reda

with its obligations under the law trying to say to the secretary look we're going to get hit with foia requests, subpoenas, we have to make sure our files are up to date and you've got your stuff before you leave. she either did that untruthfully, right? she either said they had everything when they didn't. >> right. >> or for some reason she didn't do it. and we asked the state department for an answer to that. so far tonight we don't have it. we expect and hope we'll get it tomorrow. >> megyn every employee at the state department has to sign this little piece of paper when they leave the state department. and it says i certify basically under penalty of perjury that i have returned all official records that were in my possession while i was an officer of the department of state. so where is that document, megyn? and if there isn't -- if she didn't sign that, why not? there are a lot of questions to be answered. >> if she signed it, as you read the law and the manual itself which refers to the criminal code, if she signed that saying she had given them everything back, everything fed

the way in which we missed this one most a lot of us got foia requests denied from the state departmenthat really should have been available to us. >> you're saying that was a sign. that was a sign of something going on. >> right. if you get back to something that says no existing document and you're pretty sure that document exists how the foia letters are often written, perhaps time for other questions, why does this document not exist in the public domain. >> let me play devil's advocate via rachel maddow here is what she said this week on her program about hillary and the press. >> the media noise and static and nonsense is so loud is hard to have effective reporting about what she would be like as a national leader. seeing the scrum and stupidity around this coverage issue i worry about whether we're going to be well served by a beltway press corps that doesn't know how to talk about bill or hillary clinton without treading into real nonsense. >> glen what's the response to that as we all gear up for another campaign. >> i think that's silly. i think there's a ton of substantive re

we foiaed that one too. we asked for two documents, very simple, yes or no do they exist? that is simple. who at state is making this call? that's the question we need to find out now. it's not jen psaki. >> this is a potential catastrophe for her. may even involve secretary of state kerry whose job it is to assure that his predecessor's documents are there at the state department and who we now know he knows even though he's in iran negotiating god only knows what, we now know that he knows that her documents are not -- >> that is a two-second order. find the document, answer the question yes or no. in the meantime her other story appears to be falling apart why she did this in the first place. she came out and said it was convenience which a lot of people doubted. she's a clinton. >> she didn't want to carry two blackberries with her even though we know during much of her professional life she carried two. >> the clintons have been through a lot of investigations, so people had questions about this convenience excuse was real. listen to what she said last week and listen

guest: if someone were to avoid a foia, short for freedom of information act request, if someone were to request e-mails to or from her, the first step in the process of handling that request is to search for records. if there were no such records within the state department because they resided entirely outside of the state department, that would insulate those e-mail records from even the possibility of foia exposure. one of the things that i've said without much fear of contradiction is that based upon my first-hand involvement and a number of things in the clinton administration, i have absolutely no doubt that secretary clinton well knows the operation of the freedom of information act and knows what she was doing. host: we will continue this topic of transparency in the federal government. for republicans 202-748-8002. we will take those calls in just a moment. expand on that last point -- that she noted. guest: there were two dozen scandals that are rented -- corrupted during the clinton administration. when there is scandal or controversy, there are always records pertaining t

the issues we are seeing getting access to this leaked document, which normally would be exempt from foia, is only one half of the picture and one half of what the commissioners way when they make it asian as to whether -- make a decision as to whether antitrust laws have been broken. what did they find the restraint did that was bad? but we also looking at antitrust law, we are also looking at what were the legitimate pro competitive business justifications for that restraint? how does that balance against what was bad? what we have seen in the press is one half, the determination of what might have been bad. what we have not gotten and what likely was in that 160 page document gathered by the commission from other sources, was what was legitimate pro-business justification for the conduct. antitrust test away those against the other, and that is difficult. it is difficult to disdain which conduct from plain old competitive conduct. we have to remember -- go ahead. cory: it is an interesting story and i do not think we have heard the last of it. google has said the fact the charges were

i am sure she will throw that away to from the dusty foia request and the vince foster papers. tonight finding off that marvin gaye was ripped off. plus going base to base and a news conference today what remains for boxing with a means for you. i am kennedy. kennedy: in my crazy to think secretary clinton's actions are shady or illegal? this is a "you're crazy, kennedy" emily is the campaign director for the center for american progress action fund and david is a former state department official who will know all about this. i will start with you. welcome to both of you. david, how do think secretary clinton did with her press conference? >> if it was a little bit awkward. it was all smiles at the beginning at the end it looked to belittle like the b-2 is making an argument to the court. we saw the lawyer of hillary clinton. but what is still true and well was confirmed is that what she did was not illegal or that she misused classified information or repeal state secrets. kennedy: how can she say that when we don't have evidence? the jihadist server or someone who had access

i got it unsealed through my foia process. and reagan was coming out. he said he was coming out here and he saw the reporters, but he wasn't going it talk to the press. and you can infer from that, is that the reason he didn't want to talk to the press, he kind of made some stumbles and they wanted to keep him more on message during that period before. so he wasn't going to answer any impromptu questions, it wasn't worth it to him. he also said, if hinckley had only waited, because he was going to get on, he was going to climb onto the running board of the limousine, raise himself up and wave to about a group of about 200 spectators across the street. his back would have been to hinckley as he waved. but hinckley didn't wait. hinckley started shooting. it is 2:27 p.m. and we know it's 2:27 p.m., because the moment the gunfire ends, secret service agent calls on the radio to the headquarters, the secret service headquarters at the white house. and an agent there looks up at their clock and finds out, notes it's exactly 2:27 p.m. so he shoots, six shots.

getting access to this leak document normally would be exempt from foia. it's only one half of the pictures -- one half of the picture. here, we are looking at what they did that was bad. but when we are evaluating something under antitrust law, we are looking at what the legitimate procompetitive net of that restraint? what we have seen in the press is one half. we have seen the determination of what is bad. what was likely in that 160 page document and gathered by the commission was what's the legitimate competitive justification for the conduct? that is difficult and difficult to extinguish exclusionary conduct from plain old ordinary conduct. cory: we have a jump here, but it is an interesting story. google has said charges were not filed, but that doesn't mean we are going to start reporting on it will stop we will be back with more on this story and a lot more "bloomberg west" coming up after this. ♪ cory: this is "bloomberg west." i'm cory johnson. why apple execs are digging a new steve jobs biography. in the trials tribulations rocking silicon val

and you've got foia act requests.ere shows the state department apparently had a team they called the benghazi group. fox news has been told their job was damage control. this scene was known as the cheryl mills task force. this e-mail here is about blue mountain, the security team that was supposed to watch the ambassador and guard the compound and this e-mail again mentions the task force. and this e-mail here is yet another example of how the clinton team dealt with the media after the attack. requests had to go through this benghazi group before responses were sent. joining me now chris ferrell i know you have more to tell us about the state department and your lawsuit. >> we're going back into court to reopen a one-year-old closed legal case. because the state department has engaged in misconduct and misrepresentations in a case concerning e-mails regarding hillary clinton and her close personal aid and chief of staff. so those e-mails which have never been produced the state department lied to us, they made fals

>> we're going to under take a review of them as we would with any foia release standards. act. we expect that to take several months given how large this document set is. we'll release them the end of that. separately we'll first review for public release 300 emailing we've already provide to the benghazi select committee. we'll go back over those for public release and release those first because we understand there's so much public interest in them. >> you're going to give all these documents related to benghazi to the select committee that is now investigating. >> we've given the select committee a little under 300 of her emails from that trunk she provided to us that were responsive to a request. we provided the select committee with those. we're reviewing them first for public release and review the rest of the 55,000 pages. >> do you have any problem with the fact that she decided, she and her team decided what was government related, the 30,000 emails that she said we delivered to the state department but another 30,000 were private she said and she indicated pretty

critics aren't convinced, quote maybe epa will fulfill foia requests after they are done trying to fulfill your grill emissions. >>> you can go in some neighborhoods and it is easier to buy a firearm than a book. people say well we should have firearms in kindergarten. we should have machine guns in bars. you think i'm exaggerating. >> exaggeration is exactly what earned the commander in chief three pi pin oakios for playing fast and loose with his language. >>> and finally with ncaa tournament tipping off this week brackets are all around. according to one gambling group more than 70 million brackets will be filled out. for some perspective washington post points out that is more than votes cast for any presidential candidate ever. the one obvious difference is people can fill out more than one bracket unlike elections. 40 million people are expected to take part in guessing the winners for the ncaa tournament or about the same number of votes jimmy carter was elected with in 1976. >>> a wealthy eccentric linked to a pair of killings and wife disappearance was in court today after shockin

, not to pile on my friend joe, but i do feel like -- i just want politicians to have to answer to foiauests. when we have this thing where everybody is using their private e-mail, i don't think -- i don't think -- it's not -- i don't feel comfortable trying to have any kind of moral superiority that i may want to vote for or support, i just don't like it. >> i've said and i've written -- >> stop it, joe! stop your yelling! >> i've said she would be better off, meaning secretary clinton and the public, had she used the dot-gov e-mail. >> that's the thing that drives me nuts, though, is she won't just come out and says that. it was just a matter of convenience, and in mindsight -- >> it has to be some hindsight now. >> but a guy like carville is saying -- >> she doesn't, and that's -- >> but see, that's what i think people suspect, it wasn't an innocent thing from the beginning, where i don't want two devices, here's what you don't know. >> forget forget about the ear part of what she said, if anyone e-mailed her from the office, she responded to them on their dot-gov e-mail address so t

now, the associated press, they are frustrated because they did the foia requests five years ago.y got nowhere. state department says they are backed up. you know, the usual kind of stuff. all of this goes to not corruption, i think that word is too strong. but honesty. if the republicans come out of the gate with a fresh air candidate who says, along i'm an honest guy or gal if it's carly fiorina, you know, you contrast honesty against the clintons. that's a tough -- that's mr. cusack, a tough perception to fight, is it not? >> it is and be president of the united states. you can't be secretive here is a novel idea bill, when if she released personal emails? it would humanize her to see the emails about chelsea's. >> she is not going to do it. >> no she is not going to do it what she should say to the fbi the justice department. come, in take a look at my server, all right, mr. bevin please keep my private emails private. i think they would agree to do that in bright. -- writing. if there is some mistake i made by classifying private email that really is public business then you

negotiations are specifically not foia-able.nd that is why i made that decision, sir. and that is why that has existed. i believe. representative connolly: and you regret that decision? chairman wheeler: no, sir. representative connolly: by your view, by making that decision come you protect to the content? chairman wheeler: yes, sir. representative connolly: ok. did you feel, when president obama issued his statement with respect to net neutrality,. there were press reports at the time that you -- and your colleagues were surprised or taken a little bit off guard. you may want to comment on that. but did you view his issuance of such a statement as -- and -- which was still under way? chairman wheeler: no. as we discussed, all president have had input to the process. in multiple administrations and multiple proceedings. it is not undue at all. representative connolly: not any different than congress weighing in with letters or resolutions or hearings such as this? chairman wheeler: correct, sir. representative connolly: thank y

argue that she has a good reason to, but if she was use a state e-mail, if she had, it would all by foia-ible. a lot of information have foia'd e-mails looking for hers. maybe they just want to know how she conducted business, but many have been told over the course of their public reports lawsuits, that sorry, there's no records from the secretary, without being told, sorry, the secretary never used a dot-gov e-mail. i want to go back to something that susan said true. how do we know? how do we know it was a secure server? it took a long time for the white house to realize that its server was being hacked by the russians, and we reported on that back in december. how does hillary know that she doesn't have any of her communications spied on or hacked on by any of the governments that might be wanting to do that, or non-quasi-governmental grooms. to say it was on property protected by the secret service? how does the secret service protect from that kind of hacking? they're not capable of that. >> there's some trade craft going on today. i'm not knocking it. opening up the speech condemning t

. >> we know from benghazi, foia requests a lot of reporting done from the "weekly standard," there was tremendous back and forth happening between the white house and state department, clinton's top staffers on those benghazi talking points and how to message it. it is really not plausible and i do think this causes problems for the white house. i think they should have thought before they marched president read about it in the news. >> or somewhat surprised or caught off-guard by the question in cbs. that is clearly not the case. it is interesting that the president already spoken about it. we waited how many days for former secretary clinton to come out to address a growing problem. this is not something that is minimizing with time. >> only getting bigger. firestorm erupting between congress and the white house after dozens of republican senators sign a letter to iran's leaders criticizing u.s.-led nuclear talks. so did they undermine the president or were they right to take action over what some fear will be a very bad deal? we'll debate that. >>> new developments in the flag banni

. >> circumvented foia.s exactly right she's done so successfully. >> like the kid who kills his parents and then begs for mercy on the grounds he's an orphan. we had no obligation to produce the documents, they weren't in our possession. why weren't they in your possession, state department? because the secretary of state ran away with them. how can it work? >> what's really ridiculous about what doj has told the courts is, hey she gave us everything. we don't have any reason to doubt her. >> right. >> right? >> right. they're talking about the documents she just recently produced. and how we're supposed to take her word that was everything. we'll get to the server in a second. meantime, chris, she came out in a statement yesterday to a journalism group i've heard people laughing, i don't know what to think of this. you watch it and you tell me. >> i am all about new beginnings. [ laughter ] a new grandchild, another new hairstyle -- [ laughter ] >> -- a new e-mail account. [ laughter snflt [ . >> why not a

. >> does this story have legs the email thing because everybody is filing foias, freedom of information some are filing lawsuits. the republican party senses blood in the water. so they're going to try to keep it alive. but i think the folks are going to get bored with it unless there is more stuff to come. >> i think it's going to be old at some point. and i also think -- i know this is a big washington story. but, i don't think it's the kind of thing that's going to resonate between manhattan and malibu. i think it's going to go away. by the time the campaign picks up in ernest. it's going to be old news. that's what she is going to say, it's old news. >> right. now, sexism, there was a sound bite yesterday from a turkish reporter. actually the first question in the 10 that she took in the press conference, which is protocol by the way. it wasn't that she was just like the reporter. it was protocol. he said if you were a man and then kind of looked down and she knew it was coming, by the way. well, other people answer that you know what i'm saying? look. do we have to go through this

public e-mail or carrier pidgeon it was all a public record subject to disclosure and response to any foia. >> reporter: now the state department's watchdog released a blistering report that they wrote 1 billion e-mails yet only marked 60,000 empts e-mails. it raised the potential for a much wider problem but for top officials. >> we'll follow it. thanks. >>> stocks were down again. the dow lost 27.5. the s&p 500 lost 4. >>> up next, the republicans discuss what happens if the supreme court offers a death blow. fox 2 in detroit with a tanker explosion. they closed interstate 94 in dearborn. it took nearly two hours for firefighters to contain that blaze. a couple of other vehicles caught fire there. one official said the tanker was carrying a petroleum product. no serious injuries were reported. fox 26 in houston where the va clinic is no longer allowing decorated vietnam veteran john sutton to take his ptsd service dog to his therapy sessions. the va says emotional support dogs are not often trained to be in waiting rooms with service dogs and veterans. a clinton spokesperson said it is w

. >> here's what i'm trying to get at did anybody give two nickles to try to ensure that when a foia request came in or a subpoena came in or a litigation demand came in that the people had the documents to which they were entitled? she thinks they're hers, they're not, they're mine, yours my audience's. she had them hoarded on her server in chappaqua or wherever it was and i wonder if anybody in state did anything to ensure the public had a right to access to them. >> the majority of her e-mails were with state dot-gov e-mail addresses. we took additional steps here at the state department to send a letter last fall to former secretaries in order to make sure we have an accounting for or records of these documents. >> okay. was state involved at all in setting up that server? >> i don't have any information on the server. i don't have any information to suggest that but that was i believe about six years ago it must have been. >> i know that you've said a lot you know, about what former secretaries have done and so on and so forth. don't you believe that the secretary of state shoul

the foia, freedom of information requests, the white house's administrative offices saying we'll notomply with that anymore. it is over. we were the presidency of clarity. sharing information. not anymore. what was your reaction? >> totally unacceptable but the administration, remember, promised to be the most open and transparent in history. it has turned out to be the most clandestine. their modus operandi, sue us. we do. suing health care epa, irs. gerri: waist of time though. >> waist of time of course. money. gerri: should do things right the first time. >> you bet. gerri: pleasure to have you on the show tonight. thanks for coming in. >> thanks, gerri. gerri: now we want to know what you think. here is our question tonight. has the federal government lost its ability to control spending? log on to gerriwillis.com to vote. i will share the results at the end of tonight's show. >>> coming up we have another big, big cyberattack. it exposed over 11 million folks personal information. could you be one of them? the secrets the government doesn't want you to know about. a new book sh

by the way, we have foiaed that form as well and we're waiting on an answer. >> well, you know and this is where the clinton case and the pal and rice cases are not analogous. because neither of those previous secretaries did what hillary clinton did. they didn't have a private e-mail server through which they handle all their official business. so the question isn't as key as it is in this case where she's under penalty of perjury would have had to fill out that form that said yes, i surrendered all the documents. so as i say -- and of course jen psaki comes out and she's days late in answering these questions and information dribbles out and so on. you know, i have to say and this is jen psaki i'm sure is a fine young woman with a very bright career ahead of her, but she seems way out of her depth at times in that job. and she didn't come out of a background in diplomacy in the state department. she came out of a background really in politics as a spokesperson. and typically in the past megyn, the people who have been the spokesperson for the secretary of state have had the title of a