mr. comey -- director comey, the -- we're all certainly very condemning of the terrorist attack in san bernardino. and we all our hearts go out to the families of the victims and i commend the fbi you've done everything to investigate this matter. now, the two terrorists are dead and another co-conspirator, the neighbor, is in jail. you've used the usa freedom act to investigate their phone calls -- which this committee wrote last year to track their phone calls and investigate everyone they ever spoke to on that phone. the fbi has done a great job already. now let me ask you a few questions. it's my understanding that we have found that the attack in san bernardino was not in any way planned or coordinated by isis, is that correct? it may have been inspired by but not directly planned -- >> so far as we know, correct. >> have you eliminated any connection between the two suspects and any overseas terrorist organization? >> eliminated in? >> have you seen any evidence of any, better way of putt

comey: thank you, mr. king.his conversation we're having today and i hope will continue is really important for domestic law enforcement, but it has profound implications for our counterterrorism work. since mr. snowden's revelations, terrorist trade craft changed. and they moved immediately to encrypted apps for their communication and trying to find devices that were encrypted, wrapping their lives in encryption because they understand the power of encryption could there is no place we see this love of and public security safety that in fighting terrorism, especially isis. because for the fbi's responsibility which is here in the united states, every day we're looking for needles in a haystack and increasingly the most dangerous needles go invisible to us because that is when isil moves them to an encrypted app and a judge's order is irrelevant there. that is why this is such an urgent future of our work and has huge implications for law enforcement overwhelmingly, but it has profound implications in the fight

they say mr. comey, the f.b.i. chief james comey, faces stiff political pressure the prit cal types in the f.b.i. and the obama justice department not to recommend charges. they also say they believe dollars to dove nuts comey could in their words resign if they don't take these charges seriously. they say a lot about what they found and what they have uncovered so far is unclear. the investigation appears to be heating up. they have one witness, the person set up hillary clinton's email server is now been given immunity. but what's coming out of the f.b.i., this is key from long-time staffers. the guy at the top plays it pretty straight and he believes there is compelling evidence she violated the law and there is a political roadblock he faces in recommending charges. i'll tell you, one of the interesting things about this story is you don't have to go and look far and wide a beat a lot of bushes to find it. this an open secret inside the f.b.i. right now. melissa: the question is, what does justice do about it. r

some of hillary's supporters have said that mr. comey is a cool of the republican party. that the inspector general of the intelligence community is a tool of the republican party. he's a former fbi agent during the clinton administration. so all of these wild allegations, they're wonderful, i love it, it's part of the political process and i think it's terrific that a lady can call and ask a question like that. happy to answer it. >> and david brock, founder of correct the record, a pro-clinton super pac, has an opposing view op-ed in the usa today paper. this is not a scandal, he writes. there was no security breach of secretary clinton's e-mail or server. secretary clinton has acknowledged that the decision to set up her e-mail this way was not the best choice. she has taken full responsibility for that decision and took the unprecedented step of asking the state department to make all her work-related e-mails public. >> well, mr. brock is a famous partisan, who supports the do so. although i think he's wrong in so many places, it's hard to know where to begin. in fact

mr. comeywe see it on isil's efforts to reach into this country and using mobile messaging apps that are end-to-end encrypted, task people to kill innocent people in the united states. that is a huge feature of our national security work in a major impediment to our counterterrorism work because even with a court order, what we get is unreadable. emily: we're joined now from d.c. by new york county district attorney, cyrus vance. what is your thought on the proceedings as they happened today? mr. vance: the inability of law enforcement to access devices where a judge has determined that there is evidence in those devices that may relate to a crime, whether it is murder or a sex crime, is having a big impact on our ability to do our job, to protect our constituents, and is having an overall negative impact on public safety. we really ought to push rapidly for a federal legislative solution to this issue. i believe that the twin interests of privacy in public safety can be balanced. i do not thin

and director comey earlier, mr. well, director comey said it's a three-step process that they're asking. can you just speak to that process? >> i absolutely can, thank you, congressman. first, i agree with you that this is not a problem which -- there are people that are trying to break into these systems, there are people who are trying to steal this information if it existed and their capabilities are increasing every day. so, this is not a threat which is static. this is a threat which is increasing. the three parts that we're being asked to develop are, first, a method to suppress the data deletion after ten failed attempts. the second thing that we're being asked to suppress is the time delay between successive attempts. both of these are specifically tailored to deal with the situation where your phone is stolen, where some bad person is trying to break into it, and it's specifically designed to defeat the brute force attack. >> right. >> the third piece is interesting, because the third piece is the government

mr. comey's not doing a lot of interviews. >> we tend to paint things as good or bad in society, black or white. so we are seemingly -- it is just the perception so take it for what it's worth, but i think to myself why are we framing this as a good versus bad? we've got two imperatives. with we expect the f.b.i., for example, to defend the citizens of our nation -- >> rose: i hear that and know that and i've known that a long time and i've even talked to the president about the balance between security and privacy and freedom. i mean, that conversation has taken place. we're no closer to solving the issue. yes, we have two imperatives but somewhere, some time we have to figure out a way and it doesn't seem to me we're making a whole lot of progress in figuring it out. >> i don't disagree with you, but i think one of the reasons that's the case is you're finding public positions now becoming more hardened. it becomes more and more difficult to do that. i, like you share the frustration. the worst case scenario for us in many ways is we fail to address this, we have a major event with a hi

expecting to hear from apple's general counsel later this afternoon as soon as they finish up with mr. comey, sewell is in the room there. comey get ag heated reaction from members of congress pretsing him for answers, we'll see what treatment apple gets when sewell comes up to testify later. >> they hold the hearing. then what? do we expect congress to come up with some legislation or. >> reporter: not this year. >> where is this going to go? >> reporter: may have noticed an eye leelection year, we don't expect anything will happen this year. clearly people on capitol hill are starting to think about this encryption problem as something they need to address. you saw this interesting power grab at the beginning of the hearing by the members of the judiciary committee who said this is the place where we ought to be considering these issues. they think there might be something happening here and want to be on board early on. we could be talking years from now. >> time is of the essence, there are many open cases across the country where investigators are holding on to iphones they can't crack.

at this time of introduced the director of the fbi, james comey who will give us additional details on today's announcement. mr director? director comey: good morning ladies and him and. the challenge we face in investigate cyber crimes is that cyber criminals often think it's a freebie to reach into the united states to do harm and steal what matters to us and we. they are halfway around the world and trying to use anonymous asian techniques -- ization techniques. no matter where they are we will try to reach them. and a matter how hard they work to hide their identity and their tradecraft we will find ways to pierce that shield and identify them. that is the message of this case. that is what it is so important we bring this case. i want to say thanks to the men and women of the fbi who worked very hard on this for a number of years across the country. what is also interesting about this case is we did virtually. we used the new york field office, cincinnati's, chicago, san francisco in phoenix. all working together we found a reasonably good u.s. attorneys office to work with. and together those offices con

at this time, let me introduce the director of the f.b.i., james comey, who will give us additional details on today's announcement. mr. director? director comey: thank you, attorney general lynch. good morning, ladies and gentlemen. the challenge we face in investigating cybercrime is that cybercriminals often think it's a freebie to reach into the united states to steal from us. they think it's a freebie because they're halfway around the world to use anonymoinization techniques. the message of this case is that we will work together to shrink the world and impose costs on those people so that no matter where they are we will try to reach them. no matter how hard they work to hide their identity and their trade craft, we will find ways to pierce that shield and identify them. that's the message of this case. that's why it's so important we bring this case. i want to say a word of thanks to the men and women of the f.b.i. who worked very hard on this for a number of years across the country. what's also interesting about this case is we did it virtually. we used the new york field office, cincinnati, chicago, san fra

mr. chairman. >> comey responded to icea's questions here by saying, yes, the u.s. government, the fbi has asked all other aspects of the u.s. government presumably therefore the nsa whether or not they could help him get into this iphone and they couldn't do it and they wouldn't be in the litigation in the firstace place if the fbi felt they could do it themselves. as we know, apple's source code is one of its most prized business secrets. you can imagine there would be resistance from apple for handing over their source code for the iphone to the fbi. >>> the oil markets are closing for the day. let's go to jackie deangelis at nymex. >> 34.40 is where wti finished the session today. crude moving high in lock step with equities today. they think the equity market is the momentum that drove the crude trade higher because there wasn't a catalyst. they are looking for one to take crude over the $35 mark. api is out this afternoon. department of energy tomorrow morning as well. estimates are all over the place. we are looking to biological a plats of 2.5 million bears

now i know if mr. comey were here, he would say we hoped we wouldn't have to bother you about this because we were trying to work this out with the technology companies. i understand that. but i wish, frankly, that we had put forth this bill a year ago or two years ago and then we'd be in the position of answering this question today instead of starting down the path of handing this question to a commission that we hope will provide some answers and guidance to us that will help us to make policy. but i'm delighted to be a cosponsor of this bill. i commend the senator from virginia for spear heading this effort. i think it's one that deserves quick attention here and something that we can move so we can get to work on trying to understand all the ramifications of this decision. we don't want to compromise national security, but we also don't want to compromise personal security. and we don't want to create something which could redowned against national security if it fell into the hands of some of our adver

i thank you, mr. comey, for being here. >> chair thanks the gentle woman and recognize the gentleman from texas, mr. poe, for five minutes. >> thank you, director. appreciate you being here. start with a little -- some basics. the fourth amendment protects citizens from government. citizens have rights. government has power. there is nowhere i see in the fourth amendment that there is an except for terrorist cases exception or fear cases that the fourth amendment should be waived. i signed lots of warrants in 22 years. from everybody, including the fbi. four corners of the warrant. what it's to be searched. and law enforcement typically would fulfill the duty or ability in that warrant, as far as they could. which is a good thing and return the warrant. now, we have a situation where the issue is not lawful possession. fbi's in lawful possession of the san bernardino phone. lawful possession of the phone in new york. you agree with me on that? >> yes. >> so we're not talking about whether the phones are in

in the next few days or weeks, officials expect director comey to make his recommendations to loretta lynch about potential criminal charges. >> mr. director. >> thank you, attorney general lynch. >> reporter: the two appeared in public together last week for an unrelated matter and while sources say they have discussed the clinton investigation, the only public acknowledgment has been comey's confirmation to coming that he is deeply involved in the case. >> this is one i'm following very closely and get briefed on regularly. i'm confident we have the people and the resources to do it in a way we do all our work which is promptly professionally and independently. >> as part of that report fbi reports that nearly 50 agents are appointed to the investigation. testimony of brian pagliano, reportedly in exchange for immunity for from prosecution. clinton has admitthat using her private e-mail was a mistake but she insists she did not do anything illegal. >> i did not send nor receive any e-mails marked classified at that time. >> clinton continues to build up her delegation account. targeting donald trump about. >> some say we can so

mrs. clinton is the fbi. yesterday, director james comey testified in front of the house judiciary committee talking about mrsinton's email problem. >> what i can aschurr you is that i am very close personally to that investigation to ensure that we have the resources we need, including people and technology and that it's done the way the fbi tries to do all of its work, independently, competently and promptly. that's our goal, and i'm confident it's being done that way. >> now, some americans don't trust director comey, talking points does. i believe an honest investigation is being done by the fbi. and we should know the results of email situation within a few weeks. summing up, donald trump and hillary clinton will win the popular primary voting. mrs. clinton will be the democratic nominee, unless she is indicted. mr. trump looks to be unstoppable but it is not a lock for him yet. that's the memo. now for the top story, reaction, joining us from boston, democrat mary anne marsh. here in the studio republican andrea tan tea tear rose host of outnumbered. do you see things differently. >> i think comey is a

the next days and weeks, the investigators expect comey to make his recommendation to attorney general loretta lynch about potential criminal charges. >> mr. director? >> thank you, attorney general lynch. >> the two appeared together last week for an apparent unrelated matter. the only public acknowledge of it, the progress that is deeply involved in the case. >> this is one that i'm following very closely. we have the people and the resources to do it. and the way that we do all of our work is independently. >> and the fbi officials, 50 agents assigned to the clinton investigation. they have cooperation and testimony of brian pagliano, apparently in exchange for immunity of prosecution. he set up clinton's home server. clinton has admitted that using her private email system was a mistake, but insists that she did nothing ill local. >> i did not send nor receive any emails marked classified at the time. >> meanwhile, clinton's campaign is focusing on building up her nomination delegate count. starting donald trump. >> when some say that we can build walls, banning people based on their religion and turning on each other. well, this is n

the next days and weeks, officials expect director comey to make his recommendation to attorney general, loretta lynch, about criminal charges. >> mr. director? >> the two appeared in public together last week for an unrelated matter. law enforcement says that they have discussed the clinton investigation, and the only public acknowledgment has been to congress that comey is deeply involved in the case. >> this is one that i follow closely and get briefed on regularly and comment. and the way that we do all of our work, professionally and independently. >> as part of that effort, fbi officials report that nearly 50 agents are assigned to the clinton investigation. last month, they secured the testimony of brian pagliano, reportedly with immunity from prosecution. he's the former state department staffer who set up clinton's home server. clinton has admitted that using her private email system was a mistake, but insists that she did nothing illegal. >> i did not send or receive any emails marked classified at the time. >> meanwhile, clinton is trying to build up her delegate count. >> some say that we can ban people based on their r

officials expect director comey to make his recommendation to attorney general loretta lynch about potential criminal charges. >> mr. director. >> thank you, attorney general lynch. >> the two appeared together in public last week on an unrelated matter and while sources say they have discussed the clinton investigation the only public acknowledgment has been that comey's comment to congress that he is deeply involved in the case. >> this is something i'm following very closely, get briefed on often, and we do all our work promptly professionally and independently. >> as part of that effort, nearly 50 agents are assigned to the clinton investigation, brian pagliano's testimony has been assured in exchange for are failure to prosecute. clinton admitted that using her private e-mail server was a mistake but she did nothing illegal. >> i did not send or receive any be e-mails marked classified at that time. >> clinton continues to build up her delegation count. and ads against donald trump. >> turning against each other. well, this is new york. and we know better. >> reporter: clinton's rival bernie sanders has won si

this time, let me introduce to you the director of the fbi, james comey, who will give us additional details on today's announcement. mr. director? >> and so we're going to continue to listen in to this. pete williams is there and he will update us again but it's a huge breaking story coming from the attorney general's office and the office of the fbi. seven iranians, alleged hackers, who have been indicted for potentially a serious -- what could have been a disastrous disruption in financial institutions across the country. 46 financial institutions involved over a course of about a half a year. in addition to that, a threat to the dam in new york, a bedroom community of new york city up in westchester, about 25 miles away. we'll continue to listen in to this and get updates from pete williams who will continue to follow this news conference. >>> meantime, back here in belgium, so much ahead this hour, live from brussels, we're continuing to follow breaking news in the terror manhunt still under way. updates as we get them throughout the hour. a lot of different nationalities cominging coming together. earlier today,

goodlatte: director comey and mr. vance seemed to suggest that the security provided on prior devices is fine. but advancing encryption technology is a problem. what do you think about that? mr. sewell: it's important to understand that we have not started on a path of changing our technology. we have suddenly come to the notion that security encryption and privacy are important. apple began back in 2009 with our encryption of face time and i message. we have been on a path of generation to generation as the software and the hardware allow us to provide greater security and greater safety and privacy to our customers. what happened between ios seven and ios eight is that we were able to transform the encryption outgrowth of is used within the software and the hardware the phone to provide a more secure solution. rep. goodlatte: we are moving to end to end-to-end encryption on many devices and apps, not just apple iphones. why is that happening? mr. sewell: i think it's a combination of things. from our perspective at

few days and weeks, officials expect director comey to make his recommendation to attorney general lorret at that lynch about potential criminal charges. >> mrdirector? >> thank you, attorney general levera lynch. >> the two and in public last week for an unrelated matter. while sources say they have discussed the clinton investigation, the only public acknowledgement has been comey's confirmation to congress that he is deeply involved in the case. >> this is one i am following very closely and get briefed on regularly. i am confident we have the people and the resources to do it in the way i believe we do all of our work, which is promptly, professionally, independently. >> as part of that effort, fbi officials report nearly 50 agents are assigned to the clinton investigation. last month, investigators secured the cooperation and testimony of it brian taglianot reportedly in exchange for immunity of prosecution. he set up clinton's home server. clinton has admitted that using her private e-mail system was a mistake, but she insists she did nothing illegal. >> i did not send or receive any e-mails marked "classified" at the time. >> meanwhil

at this time, let me introduce the director of the fbi, james comey, who will discuss additional details on today's announcement. mrhank you, attorney general lynch. good morning, ladies and gentlemen. the challenge we face in investigating cyber crime is that cyber criminals often think that it's a freebee to reach into the united states to do harm, to steal what matters to us, to wreak havoc. they think it's a freebee because they're halfway around the world and trying to use non mization techniques. the message of this case is that we will work together to shrink the world and impose costs on those people, so that no matter where they are, we will try to reach them, and no multihow hard they work to try to hide their identity and trade craft, we will try hard to pierce that shield and identify them. that's the message of this case. that's why it's so important that we bring this case. i want to say a word of thanks to the men and women of the fbi who worked very hard on this for a number of years across the country. what's also interesting about this case is that we did it virtually. we did the new york field of

mrs. clinton, who would be last. the source said it's not uncommon in these vest gags for the director to sign off on every interview and this week on hill, director comey said he is deeply involve. >> i am close to the investigation to ensure we have the rs resources we need, including people in technology. independently, confidently and promptly. >> two sources have also told fox news that the state department can't touch the security clearances for clinton an her aides without checking with the fbi first. because the bureau intended to question them directly about the classified e-mails and where the information came from. and they're going to need their clearances to do that. think of it kind of like sitting at a school with a teacher at a show and tell and the agent says, mrs. mill, when you sent this information, where did it come from, so, that is what they're looking at. >> thanks so much. >>> fox news alert. scott kelly holding a press conference at this hour about his out of this world experience. he spent one year, imagine that, at the international space station. that historic trip was part of an experiment to figure out how long-term trip t

mrs. clinton who would be the last. the source side not uncommon in high-risk, high-profile investigations for the fbi director to sign off on every interview. this week on the hill director james comey said he is deeply involved. >> i am very close personally to that investigation, to insure that we have the resources we need including people and technology and that it is done the way the fbi tries to do all of its work, independently, competently and promptly. reporter: intelligence source also told fox news that the fbi is investigating whether mrs. clinton and her close aides shared computer passwords. this goes some way to explaining how this highly classified information got out of secure panels into that unsecured personal email network, david. david: catherine herridge, thank you very much. >> reporter: you're welcome. melissa: here with latest take on details, what it means for hillary clinton presidential bid, judy miller and richard fowler. judy, let me start with you? >> this is continuous bad news for mrs. clinton. drip, drip as she points out. she is running on platform, of experience and competence. who do you want to get three a.m. phone call? if she can't protect cla

director james comey borrowed a phrase from the broadway show "avenue q" saying "everyone is a little bit racist." on a personal front, what racial blind spots do you have? >> well, let me go answer mr. mcgee's question because i think it's a very profound one. i think the most important thing that happened to me was a combination of my church and my youth minister when i was a teenager insisting that we go into inner city chicago, because i lived in a suburb, and have exchanges with kids in black and hispanic churches. it was also important for me to be a babysitter for the children of migrant workers and learn more about their lives and to go hear dr. king speak in chicago when i was about 14 years old. that got me thinking about what i needed to do to try to fulfill my faith. and when i was in law school, i had the opportunity to meet a visionary woman named marian wright edelman who had worked with dr. king, who was the first african-american woman to pass the mississippi bar. and i asked her for a job. she said she didn't have any money. i was working my way through law school. she said if i could get a job, get myself paid, she'd give me a job. so i got a law student civil rig

comey. i think they see the value of what cvp brings to the table on these issues. >> thank you for that. mr. price? >> thank you, mr. chairman. commissioner, i'd like to ask you about two distinct but related areas to push our borders outward. the first is cargo screening overseas. the second, preclearance for airline passengers. first, on the cargo screening, as you know, the 9/11 act required cvp to scan 100% of maritime cargo originating in ports prior to landing on american shores. for a variety of reasons, from costs to technological restraints and inadequate harbors, this requirement remains elusive and perhaps it's not ultimately possible. i think this committee has recognized that. in fact, in our 2016 report, we acknowledged as much. we acknowledged the expectation that the department in light of this would provide to the congress an aggressive alternative requirements that relied on the abilities achieved to date. i'm quoting. so we directed to provide a briefing within 45 days of enactment for the improvement of maritime scanning at foreign ports. not so much a question as a comm

mr. chairman. i yield back. >> as the chairman and even alluded to, there is a lot of education that will be taking place. the director clapper and director comey come if you would elaborate briefly with section 702 is to your prospective agencies. >> i will start that i will also but i will also invite the deputy director of the nsa all of us have an equity that represents the vital intelligence capability for all of us. just to be clear, this is a provision that governs the tradition that governs the collection on non-us persons overseas and the current law expires in december of 2017 and so we are already embarked on the education campaign to ensure that people understand what the vital tool this is. let me first turn. >> for the efforts against the valid foreign intelligence non-us persons that are overseas and the targeting of u.s. persons that would require a separate court order to do that. in the course of of conducting the collection under 702, if a u.s. person is in contact with the intelligence target there are minimization procedures we would use to minimize the retention and the disclosure of the identity of the person and the valu

comey and others. i think they see the value and the importance of what cbp brings to the table on these issues. >> thank you for that. >> mr. price. >> thank you, mr. chairman. commissioner, i'd like to ask you about two distinct but related areas to push our borders outward, as we say. the first, cargo screening overseas. the second, precludes for airline passengers. first on the cargo screening. as you know, the 9/11 act required cbp to scan 100% of maritime cargo originating in foreign ports prior to landing on american shores. for a variety of reasons from cost to technological constraints to inadequate infrastructure at many harbors this requirement remains elusive. perhaps it's not ultimately possible. i think this subcommittee has recognized that there in fact in our 2016 report, we acknowledged as much. we acknowledged the expectation that the department, in light of this, we provide to congress and aggressive alternative requirements that build on the layered security capabilities achieved to date and that could be realistically achieved within the next two years. i'm quoting. so we directed to cbp to provide a br

mr. chatted for five minutes. representative chatted: i happen to be a graduate of the college of william and mary. anything nice she would like to say about the college of william and mary? director comey a glow coming from your seat. representative chanot: there are currently two members. this hearing is about electronic data security. as is already indicated, this is about electronic data security, or as you described it, keeping our stuff online private. so i would like to ask you this and it may seem a little off topic. but i don't think it is. a few weeks back, the fbi's general counsel james baker acknowledged that the fbi is "working on matters related to former secretary of state's use of private e-mail." officials said that hillary clinton is not a target of this investigation and it is not trending in that direction." the president then weighed in, even though he rarely had never been briefed on the matter, commenting he did not see any national security applications in hillary's e-mails. obviously, this is a matter of considerable import. is there anything you can tell us as to when this matter might be wrapped up one way or the other? director comey: i can't. as you know, w

director james comey borrowed a phrase from the rodway show "avenue q" saying "everyone is a little bit rac t racist." on a personal front, what racial blind spots do you have? >> let me go answer mrne. i think the most important thing that happened to me was a combination of my church and my youth minister when i was a teenager insisting that we go into inner city chicago, because i lived in a suburb, and have exchanges with kids in black and hispanic churches. it was also important for me to be a babysitter for the children of migrant workers and learn more about their lives and to go hear dr. king speak in chicago when i was about 14 years old. that got me thinking about what i needed to do to try to fulfill my faith. and when i was in law school, i had the opportunity to meet a visionary woman named marion wright edelman who had worked with dr. king, who was the first african-american woman who passed the mississippi bar. and i asked her for a job. she said she didn't have any money. i was working my way through law school. she said if i could get a job, get myself paid, she'd give me a job. so i got a law student civil rights research council grant. the first thing she did wa

comey and others. i think they see the value and the importance of what cvp brings to the table on these issues. >> thank you for that. >> thanks. >> mr price? >> thank you, mr. chairman. commissioner, i'd like to ask you about two distinct but related areas to push our borders outward as we say. the first, cargo screening overseas. the second preclearance for airline passengers. first on the, on the cargo screening. as you know, the 9/11 act required cvp to scan 100% of maritime cargo originating in foreign ports prior to landing on american shores. for a variety of reasons, from cost to technological constraints to inadequate infrastructure at many harbors, this requirement remains illusive. perhaps it's not ultimately impossible. perhaps this subcommittee has recognized that. in our 2016 report, we acknowledged as much. we acknowledged the expectation that, that the department in light of this, would provide to the congress an aggressive alternative requirements that build on the layered secured capabilities achieved to date and that could be realistically achieved within the next two years, i'm quoting so we directed cvp to provid