overclassification. there is some overclassification. that is obvious.one who lives in the town knows that it is a problem. but we are not talking about overclassification. argument made hoc by the secretary and her defenders. in this case, there are 25 e-mails which have been taken off of the secretary's server special top-secret, access programs. those are accessible by very few people in the u.s. government. yet they went through the computer. that is not about overclassification. that is classification and the of that information. some of mrs. clinton's defenders have raised the issue of overclassification as kind of a discretion and an interesting thought. it has nothing to do with her server. she raised the issue of post disclosure classification, which is when you put a stamp on something. that information was classified the moment it went wherever it went years ago. that is the standard that is used. else, at thishing point, overclassification is not her problem. host: the lead editorial on usa today. clinton's private e-mail set up undermine ope

it's case of overclassification. >> reporter: and series of in-depth questions about immigration-related legislation. and deportation of children. per happens the biggest surprise of the night was when moderators showed sanders answering a question from more than 30 years ago. >> this ia what you said about fidel castro. >> in 1961 they invaded cuba and everyone was convince that had castro was the worse guy in the world. they forgot he educated the kid, gave them health care an tote tly transformed the society. >> reporte now sanders did clarify his 1985 comments by saying what he really meant was he wanted to see cuba become a trying to say is that the u.s. never should have invaded cuba. hillary clinton held an afterparty with eva long gor ya in attendance. >>> and stay with 7 news for continuingoverage of the race for the white house. we have a list of early voting locations on our web site and download the voice you choice app with the latest from the campaign trail. >>> 5:07 now your time. on jt one station, a bold burglar hitting a south florida home twice n. 24 hours she caught t

i think what we've got here is a case of overclassification. i'm not concerned about it. i'm not worried about it. and no democrat or american should be either. [ applause ] >> the question was, who gave you permission -- was it president obama? >> there was no permission to be asked. it had been done by my predecessors. it was permitted. i didn't have to ask anyone. >> if you get indicted, will you drop out? >> oh, for goodness sake, that's not going to happen. i'm not even answering that question. >> joe? >> the most interesting point on the entire comment, when mrs. clinton refers to others having done it, like powell, condoleezza rice and madeleine albright, that is actually not true. while they may have from time to time, used their private e-mail account to send an e-mail to the state department, not one of those former secretaries of state had a private e-mail server in the basement of their home from which they conducted all of their government business. that is what this case is about. this case is not about e-mail. it's about the server. the server is the essenc

all the pressure pushes toward overclassification which keeps getting worse and worse.about those documents, you're probably as well informed as i am. >> thank you. we have seen rushes influencing the southeast europe how do you see these strengths? do you think that these actions are much more tactical? >> taking this seriously. the challenge is almost everything that has been done is hastening the downfall. but that is years away and as the saying has it, in the long run we are all dead. he seems completely oblivious. i think the kind of assertion, target of opportunity, policies he has pursued will continue. he does not have the wherewithal, but i imagine it will continue to push to get a seat at the table and assert weight with respect to the former soviets fear. those of you talking to the chinese about central asia just laugh and russia. russia has no capacity. we are the game, not the russians. >> in the back row. >> thank you. kevin barron with defense one. talk more about the use of covert ops on the rise, the question of overclassification, a lot of officials

. >> i think that what we've got here is a case of overclassification. i am not concerned about it. i am not worried about it and >> if you get indicted, would you pull out? >> oh, it's not going to happen. i'm not even answering that question. >> reporter: well, she's had 34 lawsuits filed against her on this. you can see why she might be getting annoyed answering it over and over again. also, of course, the frontrunner republican donald trump was brought up early in the debate. both candidates were asked about donald trump, is he a racest specifically? -- racist specifically? they didn't use the word but did sort of tap dance around it just a bit, especially bernie sanders when he started saying he didn't believe the american public would elect a president who was anti-muslim, against mexicans, african americans and women and then he said remember, donald trump was the original birther. here's what he said. >> and let us not forget that several years ago trump was in the middle of the so-called birther movement trying to delegitimize the president of [ cheering and applause ] >> y

talk more about the use of covert ops on the rise, the overclassification with a lot of officials over the last few years say the intelligence community needs to a better job telling the story. they want more information in the american public to understand more, yet we are finding makeover for when it comes to isis, terrorism and the middle east. how cannot be reconciled? what's happening with the whatever else you're hearing and what changes could or should be made to open up any of this? >> was in gym, i wouldn't say our actions against isis are covert. some of them are discrete and small unit. i wouldn't say there's much secret about them. in general, you are right. we do a terrible job helping the american people under an the work and how we do it. my favorite example is the 215 program, you know, if you could've imagined telogen scanning on the back, saying the whole purpose of the program is to limit the number of phone calls we listen to. that's the whole point. but once it gets out, it is mass surveillance, but if it were possible to imagine intelligence getting far enough out

she did blame overclassification in part for that. here's what she said. >> others might say that wasn't at the time but now with circumstance we don't want to release it. so therefore we have to classify it. i've asked, and i echo colin powell on this, release it. once the american people see it they will know how absurd this is. >> and alisyn and chris, i know you're thinking, why are you in miami covering the michigan primary, mississippi primary? this is where both candidates will be pivoting. bernie sanders will come to miami tonight, really pushing toward the next series of contests, even as he waits for the returns. we have the univision event simulcast on cnn. so we will have both candidates understanding tough questions tomorrow. >> we were thinking brilliant boondoggle. cnn political analyst and editor at the atlantic, brownstein, jackie kucinich and mark preston. ron, i want to get your take. i know you are paying close attention to michigan because you think it is telling of where the electorate is. just pull up the polls.

and then offered some, i think, disingenuous explanation about overclassification and interagency disputeust not going to hold. pretty clear what happened with the email question. pretty clear what happened with the response to that question. >> charles, steve, juan, dana, thank you. as always, that is it for the panel. stay tuned for a final thought on tonight's coverage of the big contest. pet moments are beautiful, unless you have allergies. then your eyes may see it differently. only flonase is approved to relieve both your itchy, watery eyes and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide. flonase changes everything. ♪ (cell phone rings) where are you? well the squirrels are back in the attic. mom? your dad won't call an exterminator... can i call you back, mom? he says it's personal this time... if you're a mom, you call at the worst time. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. where are you? it's very loud there. are you taking a zum

. >> she has to stop hiding behind this umbrella of overclassification.arris: look, rampant across government. >> just because everybody else is doing it doesn't -- >> she created it. not outside source, agent every time stamping every email she authors. she can create that information. harris: bret and i traded emails earlier. i will be able to do down a few roads that have not been traveled in the democratic race so far. 30 minutes per candidate. that gives me a chance to get as many questions as possible. watch bret baier host the town hal featuring democratic presidential candidates hillary clinton and bernie sanders, tonight in just a few hours on "special report," 6:00 p.m. eastern. >>> the islamic state is spreading its own brand of evil, you know it. claiming responsibility for a massive bombing with 60 people at least dead. the terror army causing unspeakable acts as it marchs across the mideast. we heard of horrible beheading after 10-year-old boy for missing friday prayers. what is the obama administration doing to stop them and is it enough? >

and i think that what we have got here is a case of overclassification. >> if we -- >> i am not concernednd no democrat or american should be either. >> the questions were -- secretary clinton -- the questions were who gave you permission to operate? was it president obama? >> there was no permission to be asked. it had been done by my predecessors. it was permitted. >> if you get indicted, are you going to drop out? >> oh, that's not going to happen. i'm not even answering that question. >> senator sanders, you have gone from saying the following, the american people are sick and tired of hearing about your damn e-mails to claiming that it is a very serious issue. which is it? >> there is a process under way, and that process will take its course. today in america, the middle class is disappearing. we have massive levels of income and wealth inequality, climate change threatens the whole planet. 47 million people live in poverty. i'm going to focus on the issues facing the working families of this country. >> secretary clinton, you have known donald trump a long time. you have seen what

>> i think that what we got here is a case of overclassification. i'm not concerned bit.worried about it. no democrat or american should be either. >> the question was --s. [cheers and applause] the questions -- >> there was no permission to be asked. it had been done by my predecessors. it was permitted. i didn't have to ask anyone. >> if you get indicted would you drop out? >> my goodness. it won't happen. i'm not even answering that question. andrea: there could be more trouble ahead. the rnc filed two lawsuits against the state department. one seeking release of communication including texts between clinton and her aides when she was secretary of state. the other seeking any emails or records between the state department and clinton's 2016 campaign, to see if there was any collusion over her email scandal. juan, this is a very, very big deal and i sense that the rnc, with these lawsuits, is trying to draw attention to this and perhaps pressure the fbi to release whatever they found. you have to assume that the fbi, this national security espionage group, very small gr

. >> i think what we've got here is a case of overclassification. >> if i give me permission. >> i am not concerned about it. i am not worried about it and no democrat or american should be either. >> excuse me the questions were -- [cheers and applause] >> permission from president obama? >> there was no permission to be asked. it was done by my predecessors. it was permitted i didn't have to ask anyone. >> if you are indicted win you drop out. >> oh, my goodness -- i'm not going to answer that. deirdre: biggest issue overhanging inhillary clinton's campaign. she may face indictment over her handling of classified material while she was secretary of state. attorney and fox news contributor tamara holder is with me now. great to see you. donald trump said repeatedly during campaign speeches if hillary is allowed to run. i'm happy to face her if she is allowed to run. will she be indicted? >> i don't know. just because there is an fbi investigation doesn't necessarily mean there is an imminent criminal charge pending. the fbi has been talking to people. they interviewed one of her form

the only punishment comes from not using continue result is overclassification.-ed is here, abbie lowell, chief investigative council for the house democrats during president clinton's impeachment trial. thanks for coming on. >> my pleasure. >> when you hear immunity, why would mr. pagliano, give me reasons he would want immunity before talking with investigators. >> it means that he and the government have good lawyers. the government's side you want to not slow it down, delay it, he's going to not testify without it you want to get his information. it's very good lawyering to give it to him because he's not the subject of this. from his lawyer's point of view, if you can get ultimate 100% assured protection for your client you do it. it never means your client's guilty of anything. it means given what the law lets you get you got the best that you can get for your client. >> people's imaginations run wild when they hear this and hear immunity. >> that's right. >> could the concern be he inadvertently participated in putting a system that allowed for classified

. >>> what we've got here is a case of overclassification. >> with your permission. >> i am not concernedt worried about it. and no american should be either. >> if you get indicted, will you pull out? >> goodness, that's not going to happen. i'm not even answering that question. [ cheering ] >> well, that was uncomfortable. hillary clinton last night being questioned by jorge ramos at the democratic candidate. joining me, democratic party chairman ed rendell, thanks for being with us. >> my pleasure. >> does hillary clinton have to refocus after michigan? and i'm not talking about the e-mail issue, which is a continuing shadow and which voters haven't seemed to care about but now there is a trustworthy question that's been coming up in the exit polls. does she have to be more specific about trade and policies to counteract bernie sanders? it looks like this is indeed going to go all the way to june, even with the big delegate lead, the way it plays out. >> yeah, i always thought this would be something that would carry on, because bernie sanders has done a great job on the campaign trail

you mentioned the overclassification the intelligence agencies indulge in. you have been talking about classifying documents to avoid embarrassment. could you enlighten us how 2,000 documents became classified after politics reared its ugly head? >> i don't really know the answer. you are certainly right. it is not that people are trying to protect the guilty by classification. there may be some of that. but it is mostly all of the pressure in the system you never get pinged for overclassifying something. but you can get in trouble for letting out something that is classified and not realizing. so all of the setups in the system push to over-classification. about the 2,000 documents you are probably as well informed about that as i am. >> okay. in the middle. the red tie gentlemen. >> thank you. we are seeing that over the past few years russia's influence in the southeast europe or western b b balkens has been increasing. how do you see this trend over the next few years -- balkans? >> i take putin serious with his claims. the challenge to russia is that al

. >> i think what we have got here is a case of overclassification.erned by the, i'm not worried by the, and no democrat or american should be either. there was no permission to be asked. it had been done by my predecessors. it was permitted. i didn't have to ask anyone. >> if you are indicted will you pull out. >> it's not going to happen. i'm not even going to answer that question. bill: judge napolitano, welcome to you. it wasn't just the email, it waltz server. legally speaking a significant distinction why? judge napolitano: because her predecessors, colin powell and condoleezza rice did not have servers in their own homes. the secretary of state has two email streams. a regular email stream and secret email stream. she hired an expert to divert both email streams to her hope server. bill: are we asking the wrong question about email when we should be asking about private servers? judge napolitano: sometime we are. sometimes it's very complex. ramos has an excellent understanding of what happened and asked the right question. in one of her answer

two or three years later the overclassification mindset of certain people classified an article publishedn the "new york times." i don't know what you mean by s.a.p., by the am not a classified document if it says s.a.p. if you are questioning judgment of colin powell, condoleezza rice and hillary clinton, you can disagree with that but don't say it could lead to criminal behavior. bill: reading from judge napolitano piece. s.a.p. is a category of top secret and constitutes the highest level of secrecy for the utmost protection of the government's greatest secrets. that's s.a.p. >> well if that's s.a.p., it's not classified. i never heard until this moment that there was any problem with any email being labeled contrary to our classified system. bill: it's unheard of -- >> why didn't you ask this about colin powell. bill: it's unheard of for s.a.p. data to reside in an unsecured vulnerable venue which is where clinton caused four s.a.p. emails to reside. >> the double standard referring to hillary clinton hearing about an s.a.p. classified document years later labeled and you don't mentio

talk more about the use of covert ops on the rise, the overclassification with a lot of officials overthe last few years the intelligence communities needs to do a better job. yet we're fighting a covert war. extremely in the dark and when it comes to isis and terrorism in the middle east. how can that be reconciled. what conversations are happening in the government or through nic and what changes could or should be made to open up any of this? >> i wouldn't say our actions against isis are covert. some of them are discrete and small unit. i wouldn't say there's much secret about them. that's interesting. in general, you're right. we do a terrible job at helping the american people understand our work and how we do it. my favorite example is the 215 program the telephone meta data program. if you can imagine intelligence getting out in front of that and notice the whole purpose of this program is to limit the number of phone calls we listen to. that's the point. is to be selective. but once snowden gets it out it's mass surveillance which we know is impossible in any case but if it we

and i think that what we have got here is a case of overclassification. >> if we -- >> i am not concernedd no democrat or american should be either. >> the questions were -- secretary clinton -- the questions were who gave you permission to operate? was it president obama? >> there was no permission to be asked. it had been done by my predecessors. it was permitted. >> if you get indicted, are you going to drop out? >> oh, that's not going to happen. i'm not even answering that question. >> senator sanders, you have gone from saying the following, the american people are sick and tired of hearing about your damn e-mails to claiming that it is a very serious issue. which is it? >> there is a process under way, and that process will take its course. today in america, the middle class is disappearing. we have massive levels of income and wealth inequality, climate change threatens the whole planet. 47 million people live in poverty. i'm going to focus on the issues facing the working families of this country. >> secretary clinton, you have known donald trump a long time. you have seen what k

i think what we got here is a case of overclassification. i am not concerned about it, i am not worried about it, and no democrat or american should be either. [cheering] were did theyn give you permission? >> there was no permission to be asked. my predecessor did it. >> if you get indicted, will you drop out? >> i will not even answer that. guest: what is important from the entire comment is when mrs. clinton refers to others having done it, like powell, condoleezza rice, and madeleine albright, that is not true. while they have -- while they may have, from time to time, use their private e-mail to send an e-mail to the state department, not one of them had a private e-mail server in the basement of their home from which they conducted their government business. that is what the case is about. the case is about the server. that is the essence of the case. no isis why brian paglia important. that is why sit unit -- that is why documents are subpoenaed from those who provided service for the server. ofclearly relates to the use -- when you h

. >> i think that what we've got here is a case of overclassification, i am not concerned about it, ied about it, and no democrat or american should be either. >> the questions were, secretary--questions were who gu permission, was it president obama? >> there was no permission to be asked. it had been done by my predecessors, it was permitted. >> if you are indicted would you drop out? >> oh for goodness -- that's not going to happen. >> and judge napolitano. >> i'm sorry that she gave answers like that because she knows if she's indicted she will be forced to drop out, and she knows that there's a substantial legal case being built against her by the fbi which was listening to what she said last night. she knows that the fbi will call her in and say mrs. clinton this is the evidence that we have, shall we present it to the grand jury or work with us, she is a hopson's choice that she doesn't want to make. stuart: why would she be forced to drop out? >> good question, politics will force her, the law will not force her, but the fact that an indicted human being out on bail and subjec

i think what we have got here is the case of overclassification.oncerned about it, or read about it, and no democrats or americans should be either. [applause] there was no permission to be asked. it was done by my predecessors and permitted. i did not have to ask anyone. -- if you have been indicted -- in like hillary clinton: i am not even answering that question. host: hillary clinton asked if she was indicted whether or not she would drop out. republican national committee on wednesday filed two lawsuits seeking access to hillary clinton's messages. a new chapter in the legal saga over her decision to use a personal e-mail server while secretary of state. this would seek access to a wide for idea records and it is the most direct legal challenges that by republican party officials seeking access to the records from the government. the litigation could give republican party operatives access to stockpile of government records generated by mrs. clinton and her aides covering -- going into a hotly contested general election campaign. say about the

and i think that what we have got here is a case of overclassification. >> if we -- >> i am not concerned no democrat or american should be either. >> the questions were -- secretary clinton -- the questions were who gave you permission to operate? was it president obama? >> there was no permission to be asked. it had been done by my predecessors. it was permitted. >> if you get indicted, are you going to drop out? >> oh, that's not going to happen. i'm not even answering that question. >> senator sanders, you have gone from saying the following, the american people are sick and tired of hearing about your damn e-mails to claiming that it is a very serious issue. which is it? >> there is a process under way, and that process will take its course. today in america, the middle class is disappearing. we have massive levels of income and wealth inequality, climate change threatens the whole planet. 47 million people live in poverty. i'm going to focus on the issues facing the working families of this country. >> secretary clinton, you have known donald trump a long time. you have seen what ki

that's not overclassification. >> i know you don't have access to all the evidence -- >> i don't have>> as an attorney and former judge, what troubles you most? >> what troubles me most is the way that stuff got from the secret network within the government. that network doesn't talk to any other network. so what has to have happened is somebody took it off there and either transcribed it or sum rietzed it and then put it on her server. that's very troubling. >> doesn't that mean that most likely if there were to be charges in the case like this, it would be the staffers who did that versus it going up to hillary clinton? >> well, one of them just got immunity, that's the guy who set up the server. >> it's not versus because if she ordered that be done and there's one e-mail, you remember, where somebody says -- she's expecting talking points and he says well i need to get a classified fax machine and she says make it on paper and send it unclassified meaning take the marking off it, send it unclassified. if she knew that that was the way it was being done on her order, that's a probl