michael mukasey. wrote an op-ed piece in the washington journal. you have come under some criticism from defenders of secretary clinton in recent days who are upset about the notion that no one is pointing out that you have not identified yourself as an advisor to jeb bush. i want to get that out of the way. i want you to answer the question of the extent that how that affects the situation. michael: i have not spent a lot of time with governor bush. i got an e-mail from an editor at the wall street journal asking me if i had been following the story and whether i was interested in writing anything and i did. i didn't check with anybody on the bush campaign. i haven't spoken with anybody there in months. two-parter.-ed is a through in a went relatively careful way and talked about the various areas where secretary lee -- clinton might be in some legal jeopardy. area,ings in the legal one related to keeping classified material in an unclassified rotation -- location. another is to the espionage act. th

talk to the biggest critics, official united states attorney general about the investigation, michael mukasey. >> did you surf? >> with a cloth? >> i launched a snapchat account. >> love it. >> those messages disappear all by themselves. >> is the former secretary of state taking the investigation seriously? >> we will sit down with former congresswoman a clinton supporter and friend and new poll numbers suggest an opening for vice president biden. what would it mean for hillary clinton? we will talk to a senior advisor with draft biden 2016 and a close family trend. >> plus, where does the iran knack deal stand? we will sit down with republican presidential candidate mike huckabee who met with the biggest critic israeli prime minister binyamin netanyahu. >> i would like to have the election tomorrow. i don't want to wait. >> donald trump attracts 30,000 to a football stadium in alabama. is he now the man to beat? we will ask our sunday panel. >> the fight over government funding for planned parenthood after a new video draws outrage all now on fox news sunday. >> hello from washington. we ha

attorney general michael mukasey about the investigation. plus -- >> did you wipe this? >> what, like with a cloth or something? i recently launched a snapchat account. i love it. those messages disappear all by themselves. >> is the former secretary of state taking the investigation seriously? we'll sit down with former congresswoman ellen tousher. >>> new poll numbers suggest an opening for vice president joe biden. what will it mean for hillary? we'll talk about josh alcorn, a close family friend. >>> plus, where does the iran nuclear deal stand? we'll sit down with republican presidential candidate mike huckabee, who just met with the deal's biggest critic, benjamin netanyahu. >> i'd like to have the election tomorrow. i don't want to wait. >> donald trump attracts 30,000 to a football stadium in alabama. is he now the man to beat? we'll ask our sunday panel. >>> a fight over government funding for planned parenthood after a new video draws outrage. >>> hello again from fox news in washington. we begin with exciting news here in d.c., something everyone in this divid

attorney general michael mukasey who served under president george w. bush and an adviser on national security measures on the jeb bush campaign. welcome today, sir. good to see you. >> good to be here. >> okay. let's start -- the clinton camp says this is a mischaracterization of the facts. we heard from her press secretary this week, brian that len. here is what he says. >> what's going on is something that happens all the time. you have a bureaucratic tangle over what counts as classified and what doesn't. >> he says everyone agree has the definition of classified is flexible. is this nothing more than a political witch hunt? >> no, it is not a political witch hunt. so far as definitions of what's classified and what's not, obviously at the margins there are some things that may or may not be classified. we're talking about information that went to the secretary of state who is the highest foreign relations officer of the united states. it's inconceivable to me that a great deal of that was not classified, and that's something we're going to have to

michael mukasey is here.id have secret information on her server is she therefore guilty of a crime? >> there's an element of judgment. the question is whether she knew she had it and whether she was directly responsible for putting it on there, we will hear a lot about how staff was involved in this and there will be an attempt to kind of muddy it over. stuart: whether you knew about it or not, whether you sent it to your own e-mail server or not, to have it on there is in fact a crime, isn't it? >> not unless you know. stuart: not unless you know? >> yes. stuart: but then if the e-mail is about the whereabouts of our ambassador in benghazi. if the e-mail is about drones, if the e-mail about the positioning of french jets and all of those facts are correct, then that's top secret and it doesn't matter, then her judgment is called into question. if she doesn't know that's top secret, there's something wrong. >> not necessarily knowing it's top secret, but knowing that it's on the private server, it's clear th

>> we will talk to one of her biggestne of clinton's biggest critics, former attorney general michael mukasey a cloth or something? r chat account. >> i love it. those messages disappear all by themselves. >> reporter: is the former secretary of state taking the investigatio

attorney general michael mukasey about the investigation. plus -- >> did you wipe this?>> what, like with a cloth or something? i recently launched a snapchat account. i love it. those messages disappear all by themselves. >> is the former secretary of state taking the investigation seriously? we'll sit down with former congresswoman ellen tousher. >>> new poll numbers suggest an

former attorney general and budget to bush michael mukasey. now agree that if hillary is indicted it doesn't prevent her from running for president of the united states. in fact, rick perry, i believe, is still under indictment and he is running for president, correct? >> correct. the statute that she -- that bars somebody from holding office could not possibly apply to her because the constitution sets the requirements for being president and they don't include not being convicted under that statute. >> okay. now, let's assume that if hillary wins, as my last guest suggests that she would. would a convention prevent her from serving out her term. >> no, it would the no. americans can elect anybody they choose. including convicted felons. i remember mayor curly was elected from jail in boston. >> could she give herself a pardon if she is president and she was convicted of something? >> you know, the problem with that is that, in order to give a pardon, the person receiving it, the constitution says that the president can pardon offenses agains

>> i do. >> michael mukasey, thanks very much for joining us.tributor, senior legal analyst jeffly toobin and mark preston. jeffrey, give us legal context. what's your analysis? how serious potentially is this violation, this investigation, of hillary clinton and her private server on those e-mails? >> well it's certainly a serious political problem and it's not going to go away any time soon. these investigations take time. but i really think the former attorney general is hyperventilating a bit, talking about felonies and what the evidence might show. there is absolutely no evidence here of any sort of criminal conduct. criminal conduct has always involved giving or allowing people who don't have access or shouldn't have access to classified information, giving them that information. here hillary clinton clearly made a dumb mistake in using this kind of server. but there's no allegation that she gave or allowed this information to go to people who weren't supposed to have it. she was dealing with her staff. these are people who are entitled to

. >> let me show you something michael mukasey wrote about this matter this week. it's a misdemeanor punishable by imprisonment for not more than a year to keep documents or materials containing classified information at an unauthorized location. notice the information is protected. the issue does not turn on whether document or materials bear a classified marking. did he get it right? >> well, kind of. he's not really giving you a full explanation. the law requires a violation on the classified information. that you know something is classified and would intentionally move it to an area unsecured, like an unsecured server. in this case there's no indication whatsoever that any of the e-mails that hillary clinton received or sent while secretary of state were classified. even there are now some kind of disputes between the different agencies as to whether some of them retroactively or in hindsight should be classified. certainly when she received them or when she sent any of the e-mails in question, none of them were marked classified. so it's almost a totology tha

talk to the biggest critics, official united states attorney general about the investigation, michael mukasey> did you surf? >> with a cloth? >> i launched a snapchat account. >> love it. >> those messages disappear all by themselves. >> is the former secretary of state taking the investigation seriously? >> we will sit down with former congresswoman a clinton supporter and friend and new

. >> we'll talk to one of clinton's biggest critics, former attorney general michael mukasey. >> did sfler. >> with a cloth or something? >> i recently launched a snap chat account. >> i love it. those messages disappear all by themselves. >> reporter: is the former secretary of state taking the

joining me now, judge michael mukasey. more difficult than just saying it. >> saying it is easy. doing it is and should be hard. >> why? >> because it's the constitution, the founding document, the document that defines this country. what this country's government is is defined by the constitution. that's not something you change casually. >> so a lot of people would say, well, originally this idea of birthright citizenship rooted in the 14th amendment was not intended to do what it does now in the sense that some people may take advantage of it. >> it was not -- the problem we have today certainly wasn't contemplated at that time. that was passed to deal with slavery. what it said was that all persons born in the united states or nationalized are citizens. period. so that it -- it cut across that problem. >> mm-hmm. >> this was not anticipated. >> all right. now, in the past 200 years the constitution has been amended 27 times. the last time was two decades ago. this was the 27th amendment that had to do with salaries for

bush, michael mukasey.ou on the show this morning. >> good to be with you. >> it's so good to be with you. a lot of people were buzzing last week about the "wall street journal" editorial page where you say i believe, because going back and talking to lawyers in the intel community, if you look at the u.s. code that applies, that this is a case that could involve criminal issues. >> it's possible. >> it's possible. but you say the main thing is just a breach of common sense. >> right. you don't as secretary of state, you're handling the top foreign affairs and foreign policy issues for the government. nothing that isn't sensitive gets to you, it gets resolved below. you don't put it all on a private server. i mean that's sort of like your surgeon doesn't need a sign in the o.r. that says "wash your hands before you operate" in order to know to wash your hands. >> a lot of people in the news media have been going around giving an incorrect standard for this, which of course shouldn't be a shock. but they tal

when you hear people like michael mukasey say three felonies or other people calling for criminal investigation. you know what? we don't know yet. i mean, slow down, guys. it's not time yet. hold on. because you're making yourself look like you're politicizing it when hillary's created her own problems. let her suffer. >> maybe that's a good point, dana. let this thing draw out instead of getting really aggressive up front. >> every day for the last two weeks there's been a new development. today we find out that platt river networks in denver but they had the servers in the toilet in new jersey, there's just a -- i think it's actually good to have a little bit more information. if i were her team i'd say, how do we wipe this issue clean? how do we get -- >> you can't. and a double flush isn't going to do it. >> wiping the server in the toilet. getting very grim. >> very clogged. >> less fiber. >>> here's david egg ignatius on "morning joe" what the officials think about this. >> you have to remember we just had a cia director david petraeus one of the most decorated generals in our modern hist

on fox news sunday former attorney general michael mukasey, who is an adviser for republican presidential candidate jeb bush, saying the investigation ultimately has nothing to do with the hardware, but with the person who was in charge of it. >> no, it is not a political witch hunt. we're talking about information that went to the secretary of state who is the highest foreign relations officer of the united states. it's inconceivable to me that a great deal of that was not classified. to say that the investigation is not of someone personally is ridiculous. the fbi does not investigate machinings. it investigates people. and she's certainly one of the people who's being investigated. >> in the meantime, in an attempt to soothe jittery democrats, clinton aides have begun highlighting her upcoming benghazi testimony in october as a potential breakpoint from months of bad headlines. team clinton reportedly expects hillary to do well under questioning and is banking on house republicans to overreach on this one. one longtime democratic operative and clinton confidant even went so far as to s

. >>> michael mukasey will join me later at 5:00 p.m.crashing into a mountain in indonesia. the airline is run by a safety record that is very, very poor and it's banned in europe. stay with us. ow, mommy, but it's time to let the new kitchen get some sleep. if you want beautiful results, you know where to go - angie's list. now everyone can get highly rated service even without a membership. you can shop special offers or just tell us what you need, and we'll help you find a local company to take care of it. angie's list is there for all your projects, big and small. pretty. come see what the new angie's list can do for you. that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they pick up some of what medicare doesn't pay and could save you in out-of-pocket medical costs. call today to request a free decis

former attorney general michael mukasey said on the email scandal of hillary clinton. inspectors from the state and intel community are asking the justice department to investigate her, specifically whether she sent or received classified emails on her private email account. the supporters continue admit this is smear campaign or bureaucracy sy by clinton detractors. they say the only one that cares is the press but she may be only one with that opinion. after she left state indicated there may be a second server involved. keep an ear out as email-gate continues. can't help keep an eye out for donald trump. he is everywhere including "face the nation," he went after some of his own, hedge funders he said are getting away with murder. >> they are making tremendous amount of money. they have to pay taxes. i want to lower rates for middle class. the middle class, they are the ones getting absolutely destroyed. >> reporter: finally gop candidates are clearly getting irritated at the amount of press trump is getting. one such challenger former arkansas governor mike hub bee

attorney general michael mukasey about the investigation. plus -- >> did you wipe this?r something? i recently launched a snapchat account. i love it. those messages disappear all by themselves. >> is the former secretary of state

the electoral college as michael cohen knows too well. 17 candidates on the republican side, some of whom are ganging up on your boss now. it won't be the worst thing. mike mukaseyar, unlikely to be charges if it's shown, as i believe, that there was no personal intent -- >> what do you mean as i believe? no personal intent doesn't matter. >> it does matter. >> after these were subpoenaed she waited two years and she erased some of them, which we may recover. >> come on. those were personal emails. >> whoa. personal emails? she said she was emailing with bill but bill doesn't email. >> what personal information could she possibly care about so great -- >> yoga and wedding plan. >> 30,000 emails on yoga. >> wbig wedding? >> she has a wedding planner. >> she should not be doing anything on an unsecured server. every government official learns about security and they're given security clearance. she was -- she was -- hold on. she was -- hold on. she was the first lady. she was the governor. senator. and now -- now she is secretary of state. she knows better. >> would mr. trump give me a million dollars if vladimir would sell us the server? >> in a heart beat. >> tw