. >> he has been pretty good on foia. >> i have appeared before him in foia cases and one of the casethat is he was listed as one of his most important, in fact, a number of them were foia cases, i wonder adam, if you think that would change if he ended up being the -- >> you know, i'm not dying for them to take a lot of foia cases. they treat them as ordinary cases and they try to figure out what congress meant and they're not big picture cases. they turn on small interest issues. so they are no fun to cover but more importantly they're not going to change the law in any fundamental way. >> merrick garland isn't going to get that slot. >> that's another story. [laughter] >> i just -- here we are and the countdown has begun. they were talking about it today. >> you see no chance of lame duck and the republicans say, maybe we will take a 63 moderate after al? >> i don't know, i guess i would take mitch mcconnell at his word and it sounds like it. it sure doesn't sound like it. [laughter] >> so katie, we talked about the doctrine and whoever is in the white house really can have emphasi

operates and the foia law. you are an avid practitioner of the foia law. >> amongst other descriptions, but yes. >> what's your sense of how well foia works today in sort of the demanding transparency from, whether it's from the agency or other elements? >> good question. i think that -- i'll keep it focused on the intelligence agencies. largely everything is classified. so if i'm filing a foia request or subsequently a lawsuit that, you know, requires the declassification, i think that on the administrative side, just sending it in, it's terrible. it does not work well. it's only when moving to the litigation stage that it actually has results. and that's just results in terms of production. but then you have to deal with a whole different set of issues, which is what we have been discussing, you know, the whole time, which is this is redacted for this reason, this reason, this reason. and i challenge it. sometimes i win. and then, you know, we find out that oh, this really didn't have to do with national secu

the same as under foia. a president trump could not instruct an agency to not respond to foia requests made by washington post reporters. those reporters have the same rights to use foia as any other member of the public. when you get into the grayer talk abouteally it that much and it is not for the reasons donald trump says, someone had this story and i'm going to hurt this publication, but they do it all the time. just because they give "the new york times" something doesn't mean it will give it to anyone else. there are a lot of people who are credentialed and covering the white house every single day but they are at smaller publications. there is a big discrepancy between bigger and smaller there. re, do the bigger outlets get invited to things like background readings were the explain how president obama you namecision about, it, syria. there was a background briefing and all the smaller organizations complain they do not get invited because they are not enough. they're there every single day, they are

how he might treat foia. he does not seem very transparent so he does not seem to be inclined toward transparency. we do not know what it would look like. he has not spoken about foia from what we can tell on the campaign trail. except to criticize his opponent. >> in regard to a hypothetical trump presidency, let me recall an episode from the 1960's. the supreme court case that upheld the fairness doctrine was, i think the history shows it was instigated or supported in part by the kennedy administration, a liberal democratic administration suing a radio station that broadcasted john birch type material. that is one thing a president could do, a president with hostility toward the established press, institutional press might try to stimulate private litigation against "the new york times" or others. i hope i am not planting a suggestion in his mind. >> i don't think you need to plan one. -- i don't think you need to plant one. donald trump has threatened or sued the media dozens of times over. >> and presuma

we are now receiving 30,000 foia -- we have 30,000 foia requests pending. the number of people asking for material keeps going up. that is another reason why we are very committed to getting this done. >> it's actually reassuring that that number is going up. it makes me glad more people are concerned about how their government operates and the increased transparency throughout our nation's capital and our government is a good thing. >> if the gentleman yields back, i'll point out, though, in 2008 the state department was spending $400,000 in lawsuits. now they're spending about $4 million in lawsuits. so it is duplicitous to say we're trying to save -- hey, we're trying to open up the openness and transparency in the same time you're in federal court arguing not to release information that's open to the public. >> mr. chairman -- >> no, we're going to recognize mr. russell for five minutes. >> thank you, all four of you, for being here today. we appreciate your long service to our country. ambassador kennedy, do you believe that congress has a responsibili

i have the foia question. so in my frustrating experience in dealing with foia and the slowness and the backlogs from the federal agencies that i have submitted requests to, one of the things i've been told repeatedly in the past say four or five years that, oh, well, we're constrained because of the sequester. they blamed the sequester for reducing their resources to respond to my foia request and presumably others. i'm wondering is there anything that a president can do to, to instruct agencies that they must, you know, devote a certain amount of resources to responding to foia or is that something that congress would have to fix? >> congress, i dwes i'll take it. i know everybody loves to talk about foia but i guess i'll take that one. so congress, obviously, could fix it by allocating funds. is that likely to happen? no. could the administration and, again, i think this would be done through was to of information policy, department of justice tell agencies that it is policy that you spend x amount of your

. >> and you have the responsibility of conducting and coordinating foia searches in response to foia requests? >> that is correct, for the office of the secretary, yes. >> for the office of the secretary of state. mr. finney, according to a deposition that was given by karin lang by judicial watch, your office was under the belief that then secretary clinton didn't use e-mail for work-related purposes, and your office was not aware of this e-mail use until, according to sworn testimony, 2013, is that pretty much right? >> i don't know the specific dates, but that is correct, sir. >> okay. during secretary clinton's tenure as secretary of state, did you know she was using private e-mail for work-related purposes? >> no, sir. >> you did not know that? >> no, sir. >> according to the state department ig report, there were dozens of people who knew about it. they knew that secretary clinton was using a personal e-mail account, and they knew that she was using a personal server for work. but you didn't know. and according to your title, it would appear to me that you should have known. wh

including the response to foia requests. we're working closely with the national archives administration, secretary kerry is is focused the attention on foia and we have directed more resources towards foia processes. working with nora, we're ensuring that we're capturing appropriately. we started that in 2015 and we're expanded to state department officials and secretary kerry and we will deploy a tool for the captured materials by the end of the calendar year. the increase of the e-mail strains the decade old management systems that we're in code sked yule for what we deploy and through all of the work that ambassador jacobs has done to meet the deadline. we're training the employees on record preservation and on a high level of review, they appointed davidson as the transparency ordcoordinator. provide the procedure and technological solutions. inspector generals reskpru last year secretary kerry asked the state general to explore the issues. the state department has issued full reports for the recommendations of the mana

i have a foia question. in my frustrating experience in dealing with foia and the slowness and the backlogs from the federal agencies that i have , one ofd requests to the things i have been told repeatedly in the past four or five years is that we are constrained because of the sequester. they blamed the sequester for reducing their resources to respond to my foia requests and presumably others. i am wondering is -- is there anything that the president can do to instruct agencies that they must devote a certain amount of resources to responding to foia? or is that something that congress would have to fix? >> i know everyone loves to talk about foia. [laughter] >> congress obviously could fix it by allocating funds. is that likely to happen? no. could the administration and i think this would be done through the office of information policy at the department of justice. could they tell agencies that it is policy that you spent amount of your budget or you have this many -- it would be scaled, it would have

those of you who don't know, we use the freedom of information act, the foia law, to uncover government records. we were investigating a few years ago and we noticed in our losses hillary clinton did not having e-mails are coming to us from the obama administration. just to be sure we asked for clinton e-mails related to benghazi and sure enough the government towards the end of 2014 started making is that the many of the documents we need to look at. in february 2015 they told the court they give everything to judicial watch but there may be of the documents to at. a few weeks later the "new york times" reports about the basics of the clinton e-mail scandal, that she was using a clinton server, private server, she thinks to be a private server, and producing thousands of e-mails for herself and evidently the state department but not for the american people. she was conducting all of her government business on this separate server. of course, all bets were off in terms of the doing of the freedom of information act, the obstruction of congressional investigation, the obstruction of frau

-- hearings over foia requests, and so there's a whole realm of cases that we need to look at to see how the courts deal with national security, and time after time after time, many of the judges, many of the important judges in important jurisdictions have said, it's national security, we don't want a part of it. we're not equipped to think about it. the president told us this person is an enemy combatant and they need the surveillance powers whether or not we get to constitutional issue. the president told us we need to have this kind of foia request denied, whatever it is, and i wanted to see what the substance of this was and how the judges interacted with the lawyers and for the most part many of them just took a back seat. and by the time they got engaged and interested, it was too late. >> so it's interesting you. said the courts and judges, i think the tomorrow you just used, were like a deer in the headlight. but federal courts was always used to prosecute national security cases from big spies to the terrorists. the east african bombers, for example, were prosecuted in fede

saying he had heard things from people at the justice department about a foia lawsuit.in the weeds, though. there hasn't been this sort of smoking gun from the podesta e-mails. that could still come. there is a very direct line. the u.s. government has essentially said it's russia who hacked into democrats e-mails and leaked them. so, we do have the russian connection. and then those things find their way into trump's talking points. so there's this kind of vicious cycle involves foreign actors. and it's not the kind of thing anybody expected to be talking about at this stage of the campaign. >> right. >> so barack obama, the president of the united states, he's now weighing into this campaign more than ever before. he's trying to perhaps maybe drive a further wedge between republicans and donald trump. particularly commenting on those who say donald trump's behavior is bad but they're still going to support him, listen. >> you can't repeatedly denounce what is said by someone and then say, but i'm still going to endorse him, to be the most powerful person on the planet

either voluntarily or subject to foia or other information. there's information that gets ferreted out. i wonder if you would take those in pieces. because i think there is part of this question is what should the agency affirmatively provide to the public. whether in response to a foia response or involuntary disclosure -- >> would it be bad if i said everything? it's interesting and i'm just going off of what dan said. i think with all my experience, with all due respect, there is a resis tans to transparency. i don't know what goes on behind the scenes that people who are actually saying put this out or not but my experience has been when things are secret and operational sources and methods, details are raised or national security it's not always the case. oftentimes it's about embarrassing information and, you know, i think that -- i've certainly shown that in my reporting. and i'm not sure if that's a cultural thing. you know, so, as carrie said, transparency is here to stay. z along with that, there needs to be a cultural change a cultu

. >> so first of all, these were documents for public release through the foia process, not necessarilywe shared with congress. >> these documents report career state department personnel were quote suspicious of a special group of employees brought in to review the e-mail classification. some had worked with david kendall, hillary clinton's long time personal attorney. they described an atmosphere of a shadow government. >> hillary clinton was out there trying to get her former people, her own attorneys to be the one that made the determination on these documents. >> the state department would not even acknowledge today the appearance of a conflict. and late tonight the republican chairman of the house judiciary committee is asking the attorney general to investigation kennedy for possible violations of public corruption laws. >> catherine, thank you. joining me now with more, alan dershowitz, harvard law professor and author of the book e leg tile dysfunction. this guy kennedy was actively involved in covering hillary's tracks. and when the fbi agent involved said we can't change the

so you got an intentional evasion of foia. whether l. there be consequences? absolutely.sequences in federal court. >> if elected president that hillary clinton is going to have to deal with this down the road? >> whether her or her attorney, this is going to keep going. this is not going to stop. >> mr. sekulow, you are involved with the irs thing. did i misstate anything? miss lerner walked away. nothing happened with her. >> she did walk away. we filed a lawsuit in this case and we just got an opinion from the u.s. court of appeals district of columbia a snan must opinion and the court held not only will our lawsuit proceed that that ongoing violations violate both statutory and constitutional law here. so this idead when president said to you not a smidgen of corruption it was did he call it a bone headed move in a local office, we have the actual emails where this was directed from washington, d.c., signed by lois lerner. and also copies, by the way, to the chief council's office of the irs. this goes much higher than lois lerner and the president was incorrect when

and all these e-mails and foia requests, by the way, not just wikileaks revelations, really bring us back to the same point. you know, hillary clinton surrounds herself with people who when they're not spewing anti-catholic bigotry, they're worried about what is in her core, what will her message be, can she find her voice. this woman's been finding her voice for 30 years. then we see a foia request, the fact that you have collusion between the fbi, the state department, the department of justice, the state department's being used as a concierge for foreign nations, for favored donors, the 200,000 victims of the haiti earthquake in 2010 have to wait a little bit longer for help because the state department's trying to figure out who the friends of bill clinton are, should get the contracts. this is terrible. you don't want these people running the government. and then, of course, we know how she feels about people when nobody's looking. deplorable, irredeemable, bernie sanders voters are basement dwellers. >> she did apologize for saying half -- >> only because she was caught. >> wel

there have been e-mails released that are certainly embarrassing but one of these e-mails came from a foia request and it basically shows the state department patrick kennedy undersecretary trying to get the fbi to downgrade a classification of one of hillary clinton's e-mails it was about benghazi and he wanted it to be declassified instead of classified. how is she going to approach that tonight? what's she going to say to voters? >> well, alisyn, i agree with president barack obama that there's no credibility associated with that assertion. and number two, let's not forget that these e-mails came from hacked from a foreign state entity namely the russians that's been identified by the department of -- >> well no hold on one second, this one is from an actual freedom of information act request. this isn't part of the wikileaks dumb that i'm talking about. this exchange between the fbi and the state department where the fbi released it as part of their reports, and it shows that the -- it appeared to show, that the state department was asking for a favor and wanted one of her e-mails invo

well, you know, we've made a foia request to the governor. to know what the communication was with between dr. mccabe during this campaign and governor mcauliffe. and, you know, out of nowhere the lieutenant governor of virginia calls a person who's never run for office before and asks her to run for office in a district that is completely unwinnable for democrats, and they proceed to give her almost half a million dollars out of a super pac, and the democratic party gives her over $200,000. and then that race is over, and then all of a sudden this, her husband is appointed to be the, you know, second in command at the fbi and is overseeing the clinton e-mail investigation. so it's, these coincidences that the clintons find themselves in and our governor, they look shady. neil: you know, john, they come back and say there was no quid pro quo, he gave, or his political action committee gave more money to two other candidates. i don't know that they won or lost, but that this is nothing special or different. what do you say? >> well, you know,

guest: those are being released through a foia request. the f.b.i. recovered about 15,000 e-mails that clinton deleted when her lawyers purged the personal e-mails from the work-related ones before she turned the work-related ones tot state department. the f.b.i. recovered 15,000. they released those made the second release yesterday. they're largely dupe cats. they tend -- they so far have been documents that were already released through other requests, perhaps an email that was an identical email chain forwarded with the line, please print at the top. that's the kind of thing coming out. host: virginia from alabama. good morning. caller: good morning. i would just like to ask a question. i would like to make a comment first. i would like to ask a question. i am a retired civil servant that worked in the top secret capacity. for these e-mails to be released and for the media to take a hold of them and publish them and talk about them like you're doing, to me, it's a hindrance to our government. in order to destroy a government you must destroy it f

the coverage of the two negative stories, the false accusations and the foia release, 23-1.ate of nevada most of the balance, colorado dead people supposedly voted. virginia -- they can't vote because they are dead. in north carolina you have the firebombing of the gop headquarters. that's voter intimidation. voter fraud has many phases to it. it's intimidation and actual voter fraud. non-citizens have been voting in this country. martha: it's a legitimate concern for any american. it's the bedrock of our democracy. it has to be as clean as humanly possible. >> since 2000, 31 cases of documented voter fraud. there is not a single study on voter fraught out there. >> the pew study? "the washington post." are you arguing there were 30 or 31 votes in total? that the cases involve how many votes? >> this is a rare thing in this country. that's what i think -- i think there are legitimate questions. i think the contributions and coverage, those kinds of things. you want to talk about that. you think -- i think trump can go to town on it. but to tell people this election is being

whenever there is a foia request. martha: really?'s been reported on quite a bit. >> i try to do the best i can to keep up on all of these russian dirty tricks. it's hard when they stage them every day. but i know from my own experience that if you get a foia or subpoena for record you do have to look and communicate and ask which ones need to be turned over and what the criteria is and those sorts of things. the bigger story a lot of people are missing is that these things are being stolen, these emails, by the russian government and hackers sent in that have been encouraged to do so by donald trump. that's a pretty unprecedented. it would make ronald reagan roll over in his grave to have a republican who is as cozy as donald trump is with the russians. >> we haven't had anybody come out and say that isn't an email i ever wrote. ma. >> marco rubio himself said, and he's a republican candidate for u.s. senate and former presidential candidate that he won't discuss the wikileaks hacking because he doesn't believe -- he believes today

. >> first of all, those documents were foia process not necessarily what we shared with congress. >> reporter: the fbi department shows career department personnel were, quote, suspicious of a special group of employees brought into review the classification of clinton e-mails. some worked with david kendall, hillary clinton's longtime personal attorney. the fbi documents call it a shadow government. >> hillary clinton was out there trying get her former people at williams and connelly, her own attorneys to be the ones that made the determination on the documents. not the career professionals within the state department. that goes to intent and goes so far beyond what is reasonable in our expectation of how that . >> the state department's position is there was no contest? >> no conflict of interest. the mere fact of previously working at what is a very large law firm does not in and of itself constitute a conflict of interest. >> reporter: late today, the "washington post" published the first interview with brian mccauley who said he and kennedy agreed to do a favor for one another.

whether you look at wikileaks, the foia request, whether you look at what's happened in project veritas, they can't win fair and squarely. can't you go out there and tell america, this is my vision on health care, isis, economy growth, corruption. she can't do that. her entire campaign is about donald trump. and then they run into problems like this because they're actually paying people to incite violence. do you remember donald trump had to cancel a rally in march. >> they're bragging about that. people's lives were in danger that night. >> it interfered with demarkcy. we know there with dead people registered to vote and they're still voting. he means that what we saw from the journal itselves contributions this week, 96% of the donations from working journalists went to hillary clinton, 4% went to him. >> what a shock. >> 27 to 1. we know that when his accusers came forward, he's denying, they're all fabrications and lies, what happens, 56 seconds out of the major net work broadcast, abc, nbc and cbs less than one minute was committed to that. 23 minutes was committed to his accuse

republicans are already doing a foia request to get to the bottom of it, find those e-mails, if any,nd what governor mcauliffe might have arranged or done on her behalf to make this happen. let's talk to tom dupree on all of this. tom, the governor's office was explaining, i think, in general, that two other or three other individuals got even more money. but this stands out, obviously, for who she is, or was, at the time she ended up losing. but that her husband was in this role in the clinton e-mail investigation. do you think or is the fear that the governor knew that? >> yeah, neil, this just raises lots more questions. i don't think anyone should be surprised that evidence of this nature is coming out at this point. but, i guess, from my perspective, what's troubling about it is that it certainly raises at least the appearance of impropriety. and that there was some sort of hidden exchange or hidden understanding, or hidden quid pro quo. and it doesn't seem like too much to ask that our public officials, would simply take a lot at the whole situation as an average american would

. >> new e-mails obtained by the republican national committee through a foia request. while clinton's presidential campaign was in its early steps, white house communications director, jennifer palmeri, suggested she reach out. >> they wanted to try to tamp it down as best they could. >> in one e-mail "think we can get this done? >> a day later it's added "good to go on killing cbs idea." a senior administration official said the e-mail exchange referred to their desire to prevent kerry from doing any interviews at a time when the iran nuclear talks were at a sensitive point citing the deteriorating situation in syria. "any communications professional would have advised his or her boss against going out to do a round of interviews." the interview appeared on the cbs morning show. he was not asked about the server. today the state department pushed back on a separate story first reported by fox news concerning two missing bankers boxes of clintons' e-mails. according to the report, the i fbi -- newly revealed fbi transcrip transcripts: >> we strongly refute those claims

he was citing public information about a case involving a foia -- freedom of information request.s out of bounds? >> listen, just throw the e-mail up on the screen again. first of all, as you say, the fact that a status hearing is coming up would be public information. second of all, to get a window into the judge's thinking. that's not because they're going out for drinks with the judge, it's because there's a status hearing when the lawyers present would, based on the judge's questions, get a window into his thinking. so there's not a lot of "there" there. if the implication was here you have clinton lawyers and the doj colluding on how they'll do the investigation and decide guilt or innocence, that's not there. >> what about any sort of allegations, russian ties, i know foreign minister sergei lavrov talked to chris christiane amanpour. what are they telling her? >> you have russian officials to the highest levels, vladimir putin and the foreign minister dying hacks in the u.s. election system. here's how sergei lavrov answered the questions. >> well, it's flattering, of cours

he should have said i noticed you are using different e-mail, is it complies with foia?hat would have been a good thing for the president to say. liz: chris, thank you very much for your time tonight. appreciate it. >>> coming up, republican gubernatorial candidate getting heat for selling these isis hunting permits, trying to raise money with it. it is a joke, but not playing well. the candidate and former navy s.e.a.l. is going to talk about it. a new report that the mainstream media gave trump's accusers seven times the coverage versus hillary's wikileaks scandal. we'll show you the numbers next. >> they are so dishonest. [chanting] this man creates software, used by this bank, to protect this customer, who lives here and flies to hong kong, to visit this company that makes smart phones, used by this vice president, this little kid, oops, and this obstetrician, who works across the street from this man, who creates software. they all have insurance crafted personally for them. not just coverage, craftsmanship. not just insured. chubb insured. . >> we begin tonight wit

fundamental reforms to get at the problems of government ethics and current members of congress, reforming foiandamental campaign finance reform. drain the swamp, and it will fill back up again unless you have these kind of reforms according to the watchdogs. >> not terrible optimistic. >> even though trump is camped out in florida, the question, not just his government resort is florida already gone? are crackerjack caputo uncover add memo a republican-linked group put out essentially says it's baked into a 3% to 5% lead for hillary clinton already. florida terms, remember 2,000, technically a landslide. >> close connecting the dots from karen and glenn sharing the take of six republican strategists all six deeply involved in the fight to hold the gop senate majority. zero res relationship with the tru hillary campaign. whether they can hold the senate. twobelieve, possible. four said most likely not and trump's numbers are by far the biggest problem. not just in the states where he's losing big. in other states underperforming past republicans. all six said they had zero doubt trump it headed

. >> we know from foia and wikileaks and e-mails released and also the fbi director that hillary clintonnd her team were extremely careless with material. what could be wore thse than kng that already? >> i don't agree that we absolutely know that they have been careless. director comey said that at his press conference, but then we found out when there was testimony, we looked at other things that she never did receive classified information that was properly marked. there has been a lot of confusion about that. but we're now back in the situation where we just don't really know the underlying facts. we continue to see e-mails from wikileaks, but that is not what this review is about. this goes back to if we believe what people have reported something related to anthony weiner. so we don't know all the facts. which is why having opened this door, i think it's incumbent upon him to explain what it is we're looking at. >> he's more than welcome to come here and answer our questions. matt miller, thank you. law enforcement saying director comey felt he had to tell congress now about the ne

character issue, but others did and i'll tell you something, the press, the "daily news" and others foiaedinformation and it was important we honor that and when we put this out there it spoke to a character issue he has. >> new york city controller scott stringer, thank you for joining us. appreciate it. >>> up next, donald trump attacked a friend of mine. she's going to get the last word on that tonight. if you have moe ulcerative colitis or crohn's, and your symptoms have left you with the same view, it may be time for a different perspective. if other treatments haven't worked well enough, ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn's. entyvio works by focusing right in the gi-tract to help control damaging inflammation and is clinically proven to begin helping many patients achieve both symptom relief as well as remission. infusion and serious allergic reactions can happen during or after treaent. entyvio may crease risk of infection, which can be serious. while not reported with entyvio, pml, a rare, serious brain infection caused by

fallon is talking about the e-mail investigation, a foia request to get e-mails. it was public envelopes at the time. those are the facts. r today donald trump is going to go out on the hustings. what's he going to do with it? >> he has said that these allegations or alleged allegations are false. he's been very clear about that. he's note fried the new york tms of that and there's nothing more to say. >> he is going to go after the victims? is he going to double or triple down and say bill clinton, the you know the clinton accusers let's talk about them? or is he going to move off it? >> we'll wait and see what donald trump does when he's in florida and he's in ohio for a few stops today and we'll listen to what he says. i'm sure the media will be very interested in what he has to say and let him speak for himself on that. >> what's the chance that he sues the press to get out of this? >> that i don't know the answer. i'm not an attorney and i didn't stay at a holiday inn express last night so i'm not sure. you know, that's a question for the legal team of which

governor pence said about the haitian leak is criminal wrongdoing, and it is not from the russians, but a foiad if they directed aid to friends of bill, that is going to haunt her into the term. and you cannot rule out donald trump, and if the russians drop her private e-mails, she is compromised as a national security leader, wait and see. >> and the one thing that i return is the way that you started earlier in the show, chuck, which is talking about trump's tweets. he continues to be by far, and he, and the case that you heard hugh hewitt make, and have you heard donald trump make a case that concise and to the point? and why? because he is constantly inflicting self-wounds and tweeting about things, and tweeting about the random cultural events, and tweeting that he cannot make this story about her. the more it is about her, and the case over and over again, the e-mails or the clinton foundation or the other state department and the more it is about her, the worse she does, and the more it is about him, the worse he does. >> but you can't get away from the fact that when you are talking ab

. >> first of all, these were documents for public release through the foia process and not necessarily what we shared with congress. >> so we didn't really get a great answer to the question. the reason we asked the question is that republicans who were pursuing, this brit, say this goes to the heart of the matter that kennedy was trying to alter the evidence in a way that would be more favorable to the state department and to hillary clinton. >> yeah. because, if the document's classifications were reduced or. >> correct. >> eliminated. >> absolutely. >> it would reduce the charge against her. >> correct. >> that she was sloppy in the handling of classified information. >> that is correct. >> it was clearly after the request had been made. >> yes. >> this negotiation, if you will, took place between the fbi official who dealt with such things and kennedy at the state department. >> i went back to this particular document, which was a letter that was sent to the computer it firm in colorado that wassin was managig the server by the house government oversight committee and it specifical

character issue, but others did and i'll tell you something, the press, the "daily news" and others foiaedor this information and it was important we honor that and when we put this out there it spoke to a character issue he has. >> new york city controller scott stringer, thank you for joining us. appreciate it. >>> up next, donald trump attacked a friend of mine. she's going to get the last word on that tonight. >> did you study st. augustin at stanford? >> yes, sir. >> thomas aquinas? >> yes, sir. >> two pretty smart guys, right? >> yes, sir. >> they believed in that part of the old testament which said who shedeth a man's blood by his blood shall be shed. >> and emmanuel kant said the death penalty is a categorical imperative but mr. president those write are from other centuries. >> i have a harris poll says 71% of the american people support capital punishment. >> that's a political problem. >> i'm a politician. >> yes, sir. >> that was oscar winner and "west wing" cast member marlee matlin on "the west wing" in the oval office, a room that donald trump someday hopes to work in. dona

as you have in all these cases of foia releases to the public, you have an interagency dialogue, thisetween the state department and the fbi, as to what the proper classification ought to be. i think that's the conversation that went on. there was a simultaneous conversation about how many fbi billlets -- >> you don't see this as horse trading with kennedy and the fbi -- you don't see this as any type of negotiating? >> well, you know, i can only go on what the parties themselves have said in both the state department and fbi. have said there was no horse trading, there was no agreement. conversations that took place at the same time. so it looks to me like sound and fury signifying nothing but i'm sure it will come up in the debate tonight and the secretary will have a chance to give her own reaction to it. but honestly looking at the documents themselves and hearing what state and fbi have said about it, there doesn't appear to be a lot of there, there. >> congressman schiff, thank you. coming up, national polls indicate latinos support hillary clinton over donald trump by 50 points

with that, it's a healthy, vibrant way of discussing how we're going to release documents through foiahe problem is this agent saying that there was a quid pro quo in play. why would he say that if he didn't have any reason to say it? >> i can't speak for that individual, chris. all i can tell you is the fbi themselves said there was no quid pro quo sought and certainly none delivered. >> do you believe that the cease-fire in syria is holding right now, that russia is not bombing additionally? >> well, these are early reports, chris. i'm glad you asked the question. certainly we're gratified to hear the reports that there might have been a reduction here in the violence. it's a little too soon to tell how genuine this is and how long it's going to last. we've seen these kinds of commitments and promises before. and we've seen them broken. we're watching this very carefully. again, it's a welcome announcement. now we have to see if they can actually put the muscle behind it. >> donald trump says, i could see myself meeting with russia before my administration begins. the statement is up

has been a huge part of the e-mail story whether or not hillary clinton intended to somehow evade foia putting them on private e-mail server at issue whether or not she commit add crime having the server rather than poor judgment. we'll leave that aside. richard painter, former deputy white house counsel during george w. bush administration, what he said is an official doesn't actually have to have a specific intent or desire to influence an election themselves to be in violation of the hatch act or of government ethics rule, that the rules are violated if it's obvious that the officials actions could influence the election. there's no other good reason for taking the action and the official is acting under pressure from persons who obviously do want to influence the election. so kendall coffey, what we have here rlecs like jason chaffetz who clearly want to influence the election. you have knowledge sending a letter to jason chaffetz would be immediately leaked and knowing the effect would cause controversy that impugns the reputation of only one political candidate. don't we have, ev

foia requests, requesting blackberries.he doesn't recall ever talking to bryan pagliano who got immunity in the case. i mean, it is mind-boggling. she barely remembers her name and her date of birth. i'm not sure she remembers being secretary of state, if you read these interrog tore answers. total amnesia. cheryl: gregg jarrett, former attorney. >> don't hold that against me. we have all sinned. cheryl: david? david: i glad he recovered from being a lawyer. fight for florida, poll showing a close race for the state, clinton holding slim 2-point lead for trump in head-to-head match up. that is within the margin of error. hillary clinton and donald trump fighting for crucial american vote in battle ground state. we sent adam shapiro to littlehe pulse of the voters. adam, what are people telling you? reporter: we're speaking to republicans who are trump supporters. note traditionally in little havana, we're in versailles they serve a strong cup of coffee like expresso but cuban coffee. they have strong opinions as well. in th

you have fallon talking with the doj about what their schedule will be for a status hearing with a foiastion for some of clinton's e-mails. why do you believe that that isn't inappropriate? >> well i mean we've got to go through each of these e-mails. but again what's happening here is exactly what happened with the question of whether the foundation was in touch with the state department. there was absolutely no evidence of wrongdoing at the end of the day. if people were talking to each other, people who may have known each other for a long time, that's one thing. but the question is, did anything happen? you know, i mean remember back in the foundation issue, it turned out that mohammed downous, a nobel prize winner who had some relationship with the foundation, had a meeting with the secretary of state that would have happened anyway. again this is the trump campaign looking for problems where problems don't exist. and even if they succeed in finding a problem, the idea that that's going to somehow push donald trump's behavior -- look, we're, we're past last friday right? imagine re

kennedy did talk to the fbi as he did on other email traffic that we were getting ready to release to foia did you say the fbi guy got it wrong? >> what i'm saying is the fbi as an institution said there was no bargain suggested. >> you are blaming the fbi? >> no, no, no, not at all. what i'm saying is that both the state department and fbi looked into this and there was no bargain even suggested by the -- >> then why did -- why was the term "quid pro quo" used? it's one thing to suggest it looks like quid pro quo. there it is, quid pro quo. >> why don't we show the viewers at home the exact email and they can make up their own minds. it says the agent advised that in exchange for the marking -- for marking the email unclassified, state will reciprocate by allowing the fbi to aplace for agents in countries where they are presently forbidden. you do this for us. you change it. you declassify that secret email and we'll put more fbi agents in the middle east for you guys. if that's not what quid pro quo, i don't know what is. >> the term was used. >> if that in fact had happened, yeah, you a

they cyst, and one of the -- racist and one reporting team at republicca got a bunch of dataly to a foiarequest and found it to be racist. but this is the early stages. >> thank you. this is wonderful. i'm a physician, a. bit late. but i wanted to get two areas in which this might have something to do with medicine. there's tremendous confidence in the medical community -- could you speak up? >> i'm sorry. i'm a physician. big data comes up in two ways. the first is that the medical community and the business community are convinced that all the data going to at the electronic medical records is going to give us brand new insight into taking care of people and health, and i wonder -- it's not your field but i wonder what you think of this. i'm skeptical. the second thing is, the other -- another big push in medicine is to force individual physicians to take risks with a patient they take care of. that is to say if a patient doesn't require so much here, you do well. if the patient requires more care, then you anticipate, you're screwed. and we're not insurance companies itch wonder if th

jail, you know, viewed as racist as one of the reporting teams at propublica after that of data using foia request and audited and found it to be racist. there's work being done by this in the early stages. >> thank you. this is wonderful. i'm a physician, a little bit late, but i wanted to get to areas in which it's might have something to do with medicine. there's tremendous confidence in the medical community -- >> could you speak up? i'm sorry. >> i'm a physician. big day comes up in two ways. the first is that the medical community and the business community are convinced that all the data going into electronic medical records is going to give us brand-new insight into taking care of people and health. i wonder, it's not your field but i wonder what you think of this? i'm skeptical. the second thing is, another big push in medicine is to force individual positions to take risks for the patients that they take care of. that is to say, if a patient doesn't require so much care, you do well. if the patient requires more care, than you anticipated, then you are screwed. we are not insuran

the fact that why does it take so long for the white house and state department top respond to these foiasts? for so long hillary clinton has been stonewalling on these emails. you are talking 2015, a year later we are starting to discover more of the fact there could be potential coordination between the state department. bill: he did a cbs interview, john kerry did, and he was not asked about this. >> obviously the story was out there and you would think given he's the secretary of state and her second user that he would be asked about it. to mercedes points about these connections and who runs cbs, possibly. but at this point we are grabbing at straws. there is a real issue. people are upset about hillary clinton's emails and this looks like something out there dangling. bill: i have got to go, we have to get back to the storm. he could always do steve harvey. mercedes, thank you. juan, thanks to you as well. martha: all eyes on this hurricane making its way up the florida coastline. next senator marco rubio joins us. our coverage ask continues straight ahead. stay with us. lobster. wi

not forthcoming when dealing with investigators and dealing with the benghazi committee and others, foiansparent and provide all of this. most of us thought it was baloney at the time she said it. here we have evidence in fact they were clearly hand picking what emails they would make public, what emails they would withhold, and doing so for political purposes. >> you but know in terms of the president and whether or not he was sending emails back and forth to that server he claimed to not have any knowledge she was using a private server, a lot of people out there we thought for a long time reason we didn't see some of these because they had been going directly to the president. >> andy mccarthy from nationalreview.online, that is clear why we didn't see a hillary clinton prosecution. it is pretty persuasive case. what the white house would say just because the president was corresponding with hillary clinton on non-governmental email doesn't necessarily mean he knew it was unsecured private server. the follow-up question to that, if the president didn't know that was he communicating w

also the same administration that has rejected more foia requests than any administration in history, record last year with plenty of time to go, so probably shouldn't be giving too many lessons on the media and complaining considering this president has made an art of it in his seven and a half years in office. neil: joe, you and i have chatted about this before. your last appearance with me got thousands of e-mails. i can see why donald trump feels the system is rigged against him insofar the media coverage of words he has said and allegations that have come up sometimes from over a decade ago versus very real, very relevant e-mails that have leaked out from hillary clinton, some as recently as weeks, months ago. so he says that's not fair, and we crunched the numbers, and he's right in this respect, that the media will offer ten times the coverage of his travails than hers. but how does he address that without looking like a baby? >> i think he needs to stop addressing it, because if you look at the poll numbers, they're not moving in a direction that he needs them to with three we

we had $16 trillion of bailouts with the federal reserve, thank goodness to bloomberg for their foia request. we spent $748 billion on t.a.r.p. we had 50,000 plant factory closings since the geyear 2000. we've lost 5 million jobs. these job losses are following on people who do not have college educations. it is the source of the inequality that we're speaking about. and we have had our banks fined 248 -- our top ten banks fined $248 billion and no one has been held accountable for this. we can talk about how this happens and what we should do about it in our discussion. my point is, there is very good reason for people in this country to be angry. >> thank you, pat, very much. tom? >> it's an honor to be here. and an honor to speak at a forum dedicated to susan polchen. the book she and her husband wrote about patronage is still important to me as a reporter. i was very surprised to hear marty's description where he said he was paying the check for marty that seemed to be a very unusual thing. [ laughter ] no, that's not fair. he's a very generous person. but i just wanted to give h