mark: in 2011, jay carney said u.s.overnment policy, all of our government work is conducted on government e-mail accounts. david: that was not the case, i guess. do you think the white house did not know that she was using her snatch that secretary clinton was using personal e-mail? mark: i don't know and neither do you. phil: do you think it would be helpful for her to come out and talk about this? are you surprised it was not brought up last night. she has let this to you. why doesn't she just come out? would that be helpful? david: the reason we are here now is because of a false story in the "new york times.” i don't know why she would have to address that. phil: i get what you're saying, but if people are skeptical that nine out of 10 e-mails, or even eight out of 10 e-mails were turned over, how can you trust that? wouldn't it be easier for her to come out and squash that right now and say, here is what happen and put it to bed? david: i don't think so. i'm not quite grasping what people's skepticism means here.

. >> jay carney said at a white house briefing several years ago while she was secretary of state, it is our policy not to use personal e-mails. except for that, i think she has a good argument. the way she handled it might have been ok, but it was politically ironic. >> whether actual voters care about this or not, there's a whole industrial complex on the ride that is looking for the -- nefarious, secretive stuff. we have already seen some of that. this just furthers that narrative and gives more fodder to opposition researchers. >> if she was serious about preserving her political viability, someone every day should forward the mail from her personal account and archive it carefully. that is not what was done. it was at best a haphazard effort to preserve the record. >> there has never been any doubt in anybody's mind that she was likely run for president and win. if she were trying to be cautious and careful, you're absolutely right, that is what you would have done. that is not what they did. we just found out that there were donations to the foundation from foreign governments.

. >> a big hit to white house spokesman jay carney heading to amazon to do pr following in the foot steps of david plouffe at uber. a big government guy going to a big corporation with a pension for lobbying for big hand-outs from big washington bureaucracies. i think mr. carnie will feel right at home. >> james? >> this is it for the spring court for pushing back against overzealous prosecutors. this is a case where the fish and wildlife department in mary's home state of florida has gone after a fisherman with a law, which you remember was supposed to two after corporate fraud. this allegedly he threw undersized grouper fish back into the water when they came to his vote -- >> and they vanished. there for they accused him of getting rid of fish like shredding documents. so good for the supreme court to saying no to this fish story. >> it was 5-4, if i remember. close. if you have your own hit or miss tweet it to us. that's it for this week's show. thanks so my panel. and to all of you for watching. hope to see you right here next week. >>> time now for sunday house call. >> welcome as a

lou: and then jay carney took the same line of defense the same week of the justice department scandaler's phone records. >> when did the president find out about the subpoenas from the associated press? >> yesterday. >> i will be clear we don't have any independent knowledge he found out from news reports yesterday on the road. lou: this administration is truly extraordinary. guess what their response was when confronted with questions about the virginia scandal? >> we learned about them through the reports for possible double check but that is when we learned about them and is when the general learned about them why he took the action he has taken. lou: is it over realistic gore demanding to ask that our president actually know what is happening in his government? perhaps it is too great a burden to put of those cabinet secretaries and advisers and counselors and all of the rest to work for mr. rove, who carry out his orders to put presidential policies to tell him what is going on in the government or perhaps mr. obama as government is is just as closed and opaque from the inside as

. >> i'm not going to do it. 2011, jay carney goes out holds a press conference, this is how we do itwork is conducted on work e-mail accounts end quote. jay carney. >> and on top of that even if there's nothing in those e-mails a cause any great concern, the same time you have somebody who is deciding to take care of this on her own up in at the same time the russians the chinese, enemy, north koreans across the world are working around the clock to hack into e-mails, to figure out what's going on and in fact, you have hackers inside the state department the state department system right now that they vice president been able to evict for the past six months. >> you know who really hates -- >> national security. >> you know who hates this the, the biggest democratic critic of this e-mail behavior? >> who is that? >> a candidate for president in 2007 who said our constitution is being shredded. our constitution is being shredded. secret wiretaps. we knew about the secret wiretaps. the secret military tribunals and the secret white house e-mail accounts said hillary clinton. secret whi

you stood there, jay carney stood there for years saying those committees did not get any e-mails from secretary clinton. >> those seven committees concluded that no wrong doing was done by anybody in the administration. >> no wrong doing, but we have not seen secretary clinton's e-mails. another reporter pressed josh ernest on you keep saying this is what secretary clinton tells us, are you confident they're telling you the truth? he says i'm confident this is what they're telling us and there's no reason not to believe them. and secretary clinton's team is saying we saved everything we didn't delete anything, but the white house doesn't know what's in there. >> we're going to have much more on this story throughout this snow. first, though we want to go to the supreme court because arguments wrapping up now in that indication challenging the legality of obama care subsidies republicans ready with a plan if subsidies are ruled illegal. the law stems in a rule of law offering subsidies for coverage from an exchange englishstablished by the state, not federal. great to have you back on

and even jay carney, after bergdahl was released, said, well, it is an honorable thing to wear the militaryniform. that is certainly distinguishes you from the rest of society. like no. when you're in the military talking about the military, the terms honor and distinction have very specific meanings. you can not apply them subjectively. >> reaction of this white house was to attack, to attack the soldiers who told the truth. >> that's right. >> this is what happened. you have a guy who was supposed to serve our country. he did not do his job. he turned against our country but then because we serve or they serve such an amazing country, so many soldiers of his comrades go in to find him rescue him, as a result there are six preventable deaths. those men put their lives on the line. families and generations are changed forever. there are empty seats at christmas table every year. >> right. >> there are last names that will not be passed on. there are generations affected. then that, also you've got the other side of it, you've got these prisoners taliban prisoners. no telling what they will

a lot of those guys were old when they started, so -- president obama's former press secretary jay carneyome a senior vice president at amazon. a senior vice president at amazon. carney says he's excited to work for someone who doesn't take six years to deliver. [ laughter ] [ cheers and applause ] this is exciting. any npr fans here? [ cheers ] today is the 45th anniversary of npr, and i hear the party got pretty crazy. [ laughter ] terry gross put a little extra agave nectar in her green tea. sarah koenig drunk dialed adnan. that's never good. ira glass wore a red cardigan. it was insane. [ laughter ] you're going the opposite -- i'm now going to shift to the opposite of npr. picture what the opposite of npr is, because that's where i'm shifting with this next joke. the kardashian family -- [ laughter ] oh! oh, i just did a 180, and i threw my neck out. [ laughter ] the kardashian family has signed a deal keeping them on the air for four more years and paying them $100 million. [ audience ohs ] $100 million. so let that be a lesson. if you really work hard -- [ laughter ] -- and apply y

we've asked josh earnest, jay carney before him, what did he say in those letters? he won't reveal it. there's a fight about republicans communicating with the ayatollah over the leaders it was an open letter. >> now talking about opening the door to syria as well. >> other places as well. so the president has had communications with the iranians as well obviously. so all of this is m coing up now. >> ed henry, thank you so much. appreciate it. all right, now, over the weekend one of my next guests, ed klein, reported that according to his source "president obama's senior adviser, valerie jarrett, leaked to the press details of hillary clinton's use of private e-mails address during her tenure as secretary of state. josh earnest asked about that report. >> i published a report in a leading new york newspaper asserted that white house counselor valerie jarrett played some role in the disclosures about secretary clinton's e-mails. can you confirm that? >> it's utter baloney. >> here with reaction from washington examiner, rebecca burg. ed, this is your story. tell us

>> jay carney in 2011 had a press conference and said these are the rules how everybody in this administrationive by. >> four years you think called him every day, uh-uh, not going to do it? >> instead her staff got a server at her home and decided to do it their own way. >> what's the revelation that the clintons didn't follow the rules? the clintons tried to hide stuff and now acting like it's a vast wing media conspiracy that people want to see it? i think it's so classical it's almost biblical. that always happens. >> classic narrative. >> i'm just saying we're going to talk about it and then we're all going to get turned over and it's going to be a bunch of wedding stuff. who did she e-mail that we think we're not going to see. >> how do you know that? >> i'm just saying -- >> again, they have the rules in washington for a reason. and again, i just want to make sure people at home don't think that you're being flip about this. >> i'm just saying that with the -- first of all, you talk to 5:30 on "way too early" about jeb having jeb@jeb.org. i think she will end up turning everything over.

even if you believe everything she said those things were -- and using private e-mail even though jay carneyte e-mail for government -- >> all those things. >> also it was very important, and when you talk about jay carney saying don't do it hillary clinton sent out her own memo to the state department saying do not use private e-mail. >> so she let her secretary of state, as president of the united states have a private e-mail, server -- >> she didn't even let people in the state department use private e-mail. >> and there were a dozen other people, more than that in the obama cabinet, did it occur to anyone to do this? no, they showed up at work met with the people who run the orpgss, the i.t. people, the lawyers, and said secretary sebelius or secretary kerry, here's how it works. you have a government account, a private account for your stuff. there may be some overlap. make sure to forward stuff. that's not what she did. what she did is so beyond the bounds of normal behavior, it's shocking. but it's convenient if you don't want other people to have access to your e-mails, including, le

jay carney your predecessor, said all of our work is conducted on work e-mail accounts. we are instructed we need to conduct all of our work on government accounts >> he was asked about whitehouse staffers. >> we said u.s. government policy, certainly administration policy, is affect here that we do all of the work on work e-mail accounts. so was the whitehouse unaware house unaware of this? >> there was guidance given to white house staffers consistent with guidance given to employees and that is official work should be conducts on official systems. when there are situations when personal e-mail is used to conduct use business those e-mails are official government records and turned over to the state department which is what i understand secretary clinton's team did. >> now we know all of her e-mail, personal and official, all of it was done on a non-governmental e-mail account accounts. >> the state department is responsible for maintaining the records. >> we were told government work is done on government e-mails. that is not correct. >> i am saying that is the guidan