a federal judge says he wants to see the deal with the feds bryan pagliano the guy that setup her e-mail server and managed it. why would the judge in the civil case want to see that. >> because pagliano was supposed to testify tomorrow in our freedom of information act case. the judges in that case wanted discovery to figure out if there was a lack of good faith and handling of freedom in the case and how the system was run. he said a few hours earlier on friday that he was going to answer -- assert his fifth amendment claims right to every question the veraciattorneys as you give me the legal basis for doing and because you can't do that necessarily. every question that you answer with the fifth amendment assertion of privilege, you have to have a reasonable fear you're going to be prosecuted for that answer. >> is the judge looking to find out whether or not the immunity he has been granted by the department of justice and beall know the fbi can't grant the immunity, only the department of justice can, is the judge looking to see whether or not he's in jeopardy or whether or not he ha

huma sends an email to pagliano and other i.t.ple saying we can't have that because, whatever she says on that would be subject to the freedom of information act. harris: interesting. the other thing is too with pagliano, with all these different devices, now we know how they were able to trace emails between her and bryan pagliano because they weren't on her server because they got sent to him. >> there were funny things that happened. she sent email to very close friend. computer went down of the close friend responded. the email came back to the responder. so the close friend called the state department's main switchboard saying would you please use this email for mrs. clinton. harris: can't make it up. sandra: things are changing fast. we're on it. you've been on this story with us from the beginning, judge. >> it is a lot of reading. [laughter] sandra: hillary clinton and donald trump face off in the general election, it is shaping up to be extremely close race, just points apart. new polling shows a definite gender split how

clinton, that was the privilege, over her conversations with bryan pagliano. sought judge must be getting pretty frustrated after seeing all of this. >> so what you've got is a witness on the stand in the civil deposition, cheryl mills, who's been with hillary for years and years or some people call her the pitbull. she's claim not only does she have attorney-client with hillary but she has attorney-client with bryan pagliano. so it makes sense the judge is getting frustrated with all the dances they're doing. but what did pagliano, the guy who set up the server, give the department of justice that made it worthwhile for them to issue an immunity, whether it's transactional use? >> we don't know. we don't know how broad the immunity is, whether there's any immunity at all. that's why it's important for the testimony to take place. the judge may constrain his ability to assert the fifth. but each question needs to be answered. and if he wants to assert his fifth amendment right, that's his choice if the court lets him. but we can draw conclusions against him. a

bryan pagliano pleads the fifth when questioned about her server. thank you here. this just got interesting. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis and a $200 savings card stop taking cialis and get medical help right away. who don't have access thto basic bank

guy bryan pagliano facing questions about setting up that notorious private server. he invoked the fifth amendment and the judge referred to the f.b.i. probe as a criminal investigation as opposed to clinton's characterization "security review." kimberly guilfoyle joins me. bryan pagliano, a man of mystery. the f.b.i. groontd form of immunity. the judge put it under seal. now here he is in the judicial watch case invoking the fifth amendment 125 times. >> he had a prepared statement saying they are going to assert their fifth amendment right against self incrimination so there is no messup what so and it's stated and repeated exactly the same way for each question. he will have it on a card. on advice of counsel i observe my fifth amendment rights. all the good stuff will be under seal. what are they going to be able to get? this guy is clammed up. shut down shop. that's what happened. when you think about it, judicial watch is bringing it forward. wouldn't you think the government would have a healthy interest in monitoring their own behavior seeing if there has bee

bryan pagliano will decline to answer questions from watchdog group judicial watch during his deposition scheduled for monday. hillary clinton maintaining she did nothing wrong and is trying to shift the conversation to the political hit job that is the trump university lawsuit, but it turns out the law firm behind the trump lawsuit gave big money to the clintons. more speaking fees, and while the lawsuit was under way. we'll have details for you tonight. >>> top story, donald trump heading west. trump set to hold a rally in sacramento with less than a week to go before california's primary. fox news senior national correspondent john roberts traveling with trump and has our report. >> reporter: in a two way race hillary clinton leads trump by four points, 45-41. add in third-party candidates and the contest is a dead heat. clinton leads among women, trump among men. trump is more trusted to create jobs and handle crisis. clinton trusted to handle an international crisis. >> how are you? >> reporter: in indiana today, the man who won the 2012 who would you rather have over for dinner pol

then the third thing is every time there was a question about the it specialist brian pga who -- pagliano who has cut a deal criminal probe mrs. clinton's email practices there were strenuous objections from her attorney as well as government attorneys. so five hour deposition. there were really not a lot more details about how that server was set up and why. >> i still think the weirdest thing that pagliano has immunity because you only need immunity if they're forcing you to testify, whether it's grand jury or a trial. and not just -- he doesn't have to talk to the justice department. so why does he have immunity? i have always been suspicious that there is a grand jury some place and they are supposed to be secret. that's just peculiar to me. >> could entirely be possible based on ongoing reporting an intelligence source said to us that pagliano was really a central figure and really quite a devastating witness because he was allowing the fbi to knit together the existing emails, the emails that were recovered and who was having access to the system and who was logged on. and, more sig

pagliano reported to in the state department. those are all unanswered questions by ms.or context, pagliano has emerged as a central player in the investigation he struck an immunity deal last year with the justice department as part of that probe into clinton's e-mail practices. >> what about the campaign memo from the clinton camp? >> we told you about the memo from john padesta that was sent over the weekend. they said two years ago she was not doing enough to preserve her e-mails. yet she said she was meeting the requirements under the federal records act. >> under the federal records act, records are defined as recorded information regardless of its form. and meeting the recordkeeping obligations it was my practice to e-mail government officials on their state or other dot gov accounts so the e-mails were captured and preserved. >> the inspector general's report that was published last week found that the rules were broken by mrs. clinton on the retention of all government records and just to be clear, at that un news conference she told reporters she was meeting th

specialist bryan pagliano set up the server. whether he was working for the clintons at the time, or simply for the state department, and what if any evident was made to shield these record from the state department laws or the freedom of information act. judge napolitano: is there a perception in law enforcement or intelligence in washington, d.c. that this inspector general's report has moved the ball forward at all in terms of a potential indictment of mrs. clinton? reporter: an intelligence source we have been working with for the better part of a year said that inspector general's report is significant. because in their opinion, it ups the pressure and the likelihood that the justice department will be forced to bring an indictment against mrs. clinton and some of her associates. because for the first time it publicly clarified what the department of state rules were for handling emails. in this case national defense information. that the rules were broken, and this sensitive information was moved outside of secure governme

bryan pagliano took the fifth like he did on capitol hill last year.uestioning is part of a lawsuit by 9 conservative group judicial watch, separate from the fbi investigation. our chief intelligence correspondent is live for us in washington. >> a judicial watch official tells fox news the deposition of clinton i.t. specialist bryan pagliano last bd an hour and a half and he invoked the fifth more than 125 times. the official said pagliano was working off an index and card and read the same crafted statement each time. the judicial watch official said they asked all of their questions and at the end they felt it was a sad day for government transparency. pagliano struck an immunity deal with the justice department as part of the fbi's ongoing criminal probe of clinton's practices. he's well within his legal rights to take the fifth and there was no immediate comment from his attorney, trace. >> meantime, the hacker has not revealed documents from the democratic national committee. >> this hack of the dnc is giving reporters a new window into the issue

martha: bryan pagliano set up the server and he reached an immunity deal.atherine herridge says his testimony is quote devastating. you can see why her attorney is in this stage of the game in the deposition would be frequently telling her no, do not answer that. do not answer that. >> this is not the criminal case. this is one of the 39 freedom of information act cases filed against the state department. in two of them. this one and another one, judges ordered these depositions. mrs. clinton and miss mills' lawyers' greatest fears are she'll say something that can be used against mrs. clinton. it was frustrating for me reading this, imagining myself having been there when her lawyer, a former federal prosecutor, miss mills' lawyer, who is representing all of mrs. clinton's aides, would not let her answer questions about bryan pagliano. this is the key to the case. what did mrs. clinton tell bryan pagliano she was trying to accomplish when she paid him $5,000 to migrate her state department email account and her secret state department email account away fr

pagliano taking the fifth is exactly what he should do.ld do, you want free legal advice, folks? when feds give you a subpoena. get a good lawyer, if you have the ability to invoke the fifth amendment privilege against self-incrimination that george washington and thomas jefferson everyone else fought for, don't forget, england, you were guilty until you had to prove yourself innocent. we decide to find a country the other way around. >> can i ask you a quick question though. bryan pagliano is given immunity by the justice department. someonheard his voice even though he pled the fifth before the benghazi house collect committee and plead the fifth in the "judicial watch" case he does have immunity. how does that play in? >> there is a piece of paper you get. signed by the attorney general of the united states of america. if it gave him full immunity he could not take the fifth. >> okay. >> that is what takes away your privilege, because they're telling you we can't charge you with a crime. >> because these are two different cases? >> corr

specialist, bryan p pagliano who got the immunity.equests would require the agency to locate, review, redact and arrange for inspection, a vast quantity of material, the agency need not honor them. foia requests are not supposed to be labored over for generations." just within the last few minutes the state department was asked to address this 75-year delay. >> it is a very broad range involving a number of people over a period of four years, and it's not an outlandish estimation, believe it or not. >> not outlandish. >> according to the court filing, the state department lawyers maintain that the rnc's request for records is overly broad and therefore should not have to respond. but they are standing by this term of 75 years to process all those requests. remember, pagliano's e-mail file was missing so they had to go locate it in the first place. >> if there hadn't been a private server going through all these e-mails. 75 years? really? >>> today is the deadline as well for clinton's i.t. specialist. what does that mean? >> bryan pag

harris: you started to bryan pagliano. to drop the news.rine herridge, our correspondent on story. he wrapped up. he was in the deposition, i.t. specialist for hillary clinton. took the fifth 125 times. >> more "outnumbered" coming up. >> a lot of fifths. he is. he is. but i'd like to keep being terrible at golf for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you. when you have type 2 diabetes, like me, hi, i'm dominique wilkins. there's a moment of truth. and with victoza®, a better moment of proof. victoza® lowers my a1c and blood sugar better than the leading branded pill, which didn't get me to my goal. victoza® works with your body to lower blood sugar in three ways-- in the stomach, the liver and the pancreas. and while it isn't for weight loss, victoza® may help you lose some weight. non-insulin victoza® comes in a pen and is taken once a day. (announcer) victoza® is not recommended as the first medi

by his testimony and in the separate civil suit brought by the freedom of information act pagliano has until tomorrow to file that immunity deal with the judge because the i.t. specialist intends to take the fifth in the civil case as he did during december in congressional testimony when this video was shot. he has every legal right against self-incrimination and when you take the fifth in a civil case legal experts stay can work against you and can be seen by court as an admission of wrongdoing. on top of that clinton's former chief of staff cheryl mills and her legal team consistently blocked questions about pagliano and mrs. clinton's server during her recent deposition, fwlokd in excess of 200 times and when people further down the chain block testimony or take the fifth it does increase the likelihood that mrs. clinton will be called to testify in that civil suit about her e-mails. gretchen? >> is there a legal maneuver? has it accomplished anything here? what does it mean? >> four of the central players are represented by the same lawyer. legal experts say it's unusual and may i

pagliano has what is called immunity which mean head can't be criminally prosecuted for what he tellsgators. he spends to take the fifth in the civil suit over the e-mail as he did in december during congressional testimony. he hassary are every legal right against self-inincrimination but when you take the fifth in a civil case it can work against you and can be seen by the court as an admission of wrongdoing. on top of that clinton's former chief of staff, cheryl mills, and her legal team have blocked questions about pagliano and his setup of the clinton server in her deposition in the case. when people don't the chain won't answer questions it increases the likelihood that clinton will be called in addition four of the central players in the the fbi investigation are represented by the same attorney, from her former chief of staff to the policy advisedder and the aide who decided the e-mails were personal and destroyed and not turned to over state depth. the former u.s. attorney says the legal maneuver presents challenges for the investigators. >> each of those potential targets or

a nearly 5 hour deposition last week preetedly objected to questions about it specialist brian pagliano'sng up the private server. according to the transcript of the deposition with judicial watch on tuesday bette milliken son as well as obama administration lawyers objected to the line of questioning about pagliano. i am going to instruct her not to answer an illegal question. she caught an immunity deal as part of the ongoing criminal probe of clinton's e-mail practices. this pattern of objections was repeated through out the deposition by 7 lawyers for mills including four attorneys representing the state and justice department as well as her personal representatives. white house spokesman josh earnest referred e-mail questions to clinton's team. >> they can discuss the situations she made to secretary of state as they relate to her use of e-mail. the focus of the white house has been on the institutional questions that have been raised about the way in which the state department manages its records and manages its e-mail system. >> the team response appears to be swifting with the cha

brian pagliano is the aide and faced questions from the attorneys for judicial watch. >> he would not today and he was granted immunicipality and so explain this. >> it seems odd. the immunity of prosecution was granted in a different case, the specifically the fbi's investigation of hillary clinton and others violating the espionnage act sending and receiving information on an unauthorized server. today's lawsuit is something else entirely. whether she set up the server to circumvent deliberately the public record's law. the second reason, the immunity is only limited and actually called derivative use immunity and protects him from prosecutions for only what he said to the fbi and the doj in their probe but not incriminating himself in a deposition. >> in a civil probe. >> it is climbing up. anything he does say or the fact he doesn't say anything can reveal something to the judge? and can they bring in hillary clinton. >> the standards are difficult in a civil case. this guy set up a private e-mail server and communicated with hillary clinton and the so- called keeper of the secret

, pagliano has cut an immunity deal with the department of justice.want to bring radio talk show host. what's your take on the investigation? >> it's obviously very, very serious. it's not just about hillary's honesty, which, of course, is relevant, whether she got permission, there's a connection between this and benghazi. let's assume the server was hacked and we don't know what it was or wasn't and the terrorist were aware that there was an exchange between stevens and clinton's concerns about security. this is about national security above anything else. it's extremely serious. i still, however, don't believe that the doj is going to indict her, that would be a political decision made ultimately by obama and that would kill her candidacy and i don't think he wants that on her resume. maria: would obama allow an indictment? kevin: absolutely not. basically instructing the attorney general not to indict her. that's scary when the president comments on an ongoing investigation on a presidential candidate which is scary. at the same time he's trying t

specialist bryan pagliano lasted hour 1/2 and he invoked the fifth more than 120 times.e read off index card and read the same statement each time. at end they said it was a said day for government transparency. pagliano struck immunity deal with the justice department as part of ongoing probe of clinton email practice. he was well within his legal rights. we contacted his further but there was no further comment. hack of dnc is giving reporters new window the clinton campaign is worried about how to combat them in the media on use of unsecured private server by then secretary clinton for government business. the documents say the emphasis by the party should be placed on how use of a private email was not prohibited that federal regulations give government officials the flexibility to determine which emails are pub and she turned over more emails than any other secretary of state. meantime the head of wikileaks, julian assange, still holed up in the london embassy is promising to release clinton emails within the next few weeks. this does suggest that the clinton server

. >>> hillary clinton could be getting a helping hand from her former aide bryan pagliano.ormer staffer who set up her private e-mail server refusing to testify in a civil case against the state department by pleading the fifth amendment despite the fact he was immune from being charged criminally. he was granted immunity. we've seen the immunity statement. how can he claim the fifth amendment against prosecution if he's not going to be prosecuted? . >> if you're granted immunity, you're put in the same position had you asserted the fifth amendment. whatever statements you make cannot be used against you, therefore you can't be incriminated. that's the easy part. let's say i use a classroom, hypothetical, yes, i killed the guy, they can't use that statement, and by the way, i threw the weapon in the east river at such and such street. they go recover the weapon. they've obtained evidence against me flowing from what i said and that starts getting tricky. david: stick to pagliano for a second, the question is, is he not obstructing justice, since he's been granted immunity,

bryan pagliano set up the server for clinton but invoked the fifth amendment 125 consecutive times during a deposition yesterday. the conservative advocacy group is suing the state department new e-mails reveal the state department staffers disabled security features on the server which was later breached. >>> breaking overnight, louisiana deputy schaefer is dead after being shot in a new orleans suburb. it happened when david mitchell stopped a man for questioning investigators. say the suspect grabbed deputy michele's gun, the 19-year-old allegedly shot the officer three times in the back. police gave chase and arrested him in a nearby backyard. >>> rapper troy av is pleating not guilty to attempted murder as well as other charges. investigatesers say this video shows him firing a gun during a deadly brawl at a t.i. concert last month. but rowling collins was also wounded by another shooter. his attorney says the wrap rapper is a victim, no the a criminal. >>> the largest health care fraud take-down ever. the justice department has arrested more than 300 people million. that nationwide

brian pagliano planning to plead the fifth during a deposition by a watchdog group.as rationale to do so. pagliano has been part of an fbi investigation into whether or not hillary clinton broke the law by sharing and storing classified information on that home server. and those are your headlines on this saturday morning. >> thank you, sandra. well, the primary just days away sparks are flying on the campaign trail. hillary clinton taking aim at donald trump. new poll number suggests she should be spending more time focused on bernie. a live report from california is straight ahead. >> convicted cop killer hiding out in cuba. our new best friend. is a deal in the works to bring her back to america to face justice and why wasn't this deal done before? we have got details coming up. >> we'll have continued coverage -- continuing coverage of the passing of muhammad ali. arthur aidala and bo dietl will be here to share their memories of the poxing legend. >> i make medicine sick. i'm so fast, man, can i run through a hurricane and don't get wet. meet me will pay his deb

especially with bryan pagliano talking for the first time.e has immunity in that part of the case. a lot of these superdelegates have pledged to her because they are terrified of her. how can she make bernie sanders' life difficult? >> i think she is more likely to try to entice some of the bernie sanders' supporters to say i'm the vessel for democrats to run in this general election. and then by which give them some kind of platform, tip of the hat or even the number two position, a person who is more progressive, more like bernie sanders. i don't think bernie sanders is the choice for hillary clinton for number two. but someone in that line. herresherrod brown fromio. kennedy: elizabeth warren seems more and more like a hillary clinton surrogate. i would argue she is further left than bernie sanders. she certainly would excite some of those sanders supporters as a way of punishing bernie. >> i think elizabeth warren fits the -- fits on paper who hillary clinton could pick. but as far as the other part of the hillary clinton equation to win

bray an pagliano expecteded to plead the 5th and not answer any questions when he takes the stand tomorrow. that decision pushing it back by two weeks. clinton's deputy chief of staff huma abedin and patrick kennedy are scheduled to be deposed later this month. >> the cleveland cavaliers getting a welcome as they bring home the nba title. >> they waited for hours to greet them. the first title in 52 years. huge ovation for lebron james and the teammates. the victory parade will be tomorrow. >> that has been decades in the making. 10 minutes after the hour on this tuesday morning. under fire chief is speaking out after an actor is crushed by one of the vehicles. was yeltsin's death caused by a defective model? what the company is saying about it. >> bouncy house horror. look at this. >> this is a terrifying moment a child's toy goes airborne right into electrical wires. >> the piker caught on camera. a mountain biker flying into a bare at full speed then flying over his handle bars. yikes. when josh atkins books at laquinta.com. he gets a ready for you alert the second his room is ready. so

brian pagliano will not answer questions next week when he is deposed for freedom of information lawsuit against the department. >>> and embarrassing admission by the state department. someone in the public affairs bureau made a deliberate request to edit video from a press conference. it was a question over whether the administration was lying about holding secret talks about iran. the officials later revealed the department had been lying to protect the delicate negotiations. no one claims he or she can remember who ordered the cuts. >>> uber got the biggest inve investment from saudi arabia. saudi arabia's public investment fund parking $3.5 billion in uber. uber valued at $62.5 billion. the managing director will join uber's board. the company has been operating in saudi arabia since 2014. it says 80% of the customers are women. the deal makes sense for both sides. uber is investing heavily in the middle east. >>> new information this morning on the murder/suicide that created panic and chaos on the ucla campus. we have new details about the crime and victim next. i'm only in my 60's

for instance, she talked to bryan pagliano, the clinton i.t.e wanted to know what did they talk about, what did she learn? i was doing it as mrs. clinton's attorney, so you can't find out. >> wow. she made herself mrs. clinton's attorney, and she kardashianed you in the way that kardashian was used by o.j. perhaps. you want to find out what and who would be next in your quest? >> we want to find out about this freedom of information act, how it was upended by the clinton e-mail issue. we want to know where those missing e-mails are. mrs. clinton only turned over half the e-mails she took with her. up next is a key state department official who supposedly told folks or was aware of the e-mail system and they didn't want individuals talking about it. was aware of the open records law and next week is bryan pagliano, the i.t. official. >> and colin powell also had a private e-mail and now the clinton camp is saying these are two of the same things. is it? >> no, it isn't because mrs. clinton obviously didn't check into prior practice before settin

pagliano is the same ex-staffer who struck a deal in the ongoing fbi investigation. he's also filed a motion on his own to keep his records under wraps. heather. >> very interesting. lauren green, live for us. thank you, lauren. >>> meantime, former secretary of state and presumptive democratic nominee, hillary clinton, hear what she has to say herself because she will join fox news's bret baier on "special report" at 6:00 eastern. >>> we're going to have quite an election, aren't we? i personally can't wait to debate him. >> well, i probably could think of nobody i'd rather debate. i think beating her in a debate would be one of the easy challenges of my life, that i can say. >> well, it is the general election of the lesser of two evils with donald trump and hillary clinton poised to be the most disliked presidential candidates in decades. so with the gloves coming off, are we about to witness the ugliest race in u.s. history? here to take a closer look, pollster and partner, jenn carter. >> great to see you. >> the most recent washington post poll on this, if you

pagliano was recently described to fox news by an intelligence source as a devastating witness.s the multiple investigations continue, hillary clinton remains adamant that nothing can come from it and any suggestion to the contrary is nothing but a political attack. >> there is absolutely no possibility of that. and look, i understand how the drums can beat by political opponents to try to make outrageous untrue accusations. i'm well aware of that. that seems to be the particular modus prand i of trump and his supporters. but that is just never going to come to pass. i have absolutely no doubt about that. >> of course, hillary clinton herself is still expected to be interviewed by the fbi as part of its ongoing and criminal investigation. as far as the judicial watch case goes, at least until tuesday, that's when the lawyers have to provide that. >> it will be interesting to read those as they become public. tuesday is the democratic primary in california. what happens if bernie sanders asks for that. >> political time lines in play. >> garrett tenney, thank you so much. >> liz,

. >> on the verge in one of the civil cases where brian pagliano, the i.t. guy who's got immunity. he's going to take the fifth apparently in this civil litigation. when you start throwing around the fifth amendment, it sounds crooked. >> do the polls really even mean much at this point in time? >> we're several days away and they may or may not mean something. i suspect in california, they may. >> she was way ahead three months ago in california. >> we know from the polling, it is close. i want to go back to this other point, what we just said -- there was a piece kim strosel did, on the fact that her lawyer was taking it in the haerearing. >>> donald trump has said repeatedly he could put that staunch democrat state california in play and win in a general election. so what's the evidence that analysts see to back that up? i'm going to bring in the guest insiders one more time. >>> and your voice makes us better. so hit us up on our fox news social pages, twitter and facebook. stay with us. >>> always give up in california as a republican because they say you can't win. i think we

speech happening as the it specialist brian pagliano invoking the fifth amendment. 125 times during ased door deposition with a conservative group judicial watch. the "on the record" political panel is here. from "the washington post aaron brake -- blake tracy, it's interesting in trump's speech. he started off saying he wanted the voters and supporters of bernie sanders and then he talks again later about being a rigged system on the email. seemed like picking up bernie's tone to try to get at hillary. >> that's right. except that bernie says no one cares about her damn emails which i don't actually think is true. he mentioned her emails five times in a 40 minute speech and voters do care. her unpopularity numbers are historically high. even democrats say that they don't trust her. they feel like she is entitled. and the rules don't apply to her. >> what's she going to do aaron? how is she going to bail out of this one? the emails are beginning to stick maybe it was beginning to stick before people say the emails matter. >> what we saw from donald trump is serious charge which doesn'

bryan pagliano where he took the fifth 125 times. yesterday 165 pages of new e-mails surfaced which clinton filed turn over but the batch includes 34 e-mails that clinton exchanged with abedin through clinton's private accounts. with me judge andrew napolitano. this seems damning to me. is this enough to indict hillary? >> there is more than enough evidence in the public record alone to indict mrs. clinton. more than enough evidence to convict her, what's unique about what you just described is that it adds a new dimension to the charges, the dimension of perjury, why? because in the same lawsuit which her aide huma abedin is testifying today, a federal judge appointed by her husband, judge emmett sullivan disbelieved that she had turned everything over to the state department. remember, she took her e-mails with her because she had them through the private server. he then used a code phrase that judges use when they want to signal they disbelieve the witness. the code phrase is this, you will certify, quote, under penalty of perjury

now we're hearing tonight that bryan pagliano, the i.t. specialist, is going to plead the fifth in the e-mail investigation. is there a tit for tat here that is equal when it comes to problems for both candidates? >> look, there's always been a double standard with trump, for trump. it will happen after trump where the -- the investigative zeal always is whetted in the press if it has to do with republicans. in the first line of every story it will say xx, a republican. if it's a democrat it will be paragraph 18 but i think with hillary, the reason people are holding back right now, because it's in the hands of an fbi. we're going have an explosion one way or another or we're going to know by people who have subpoena power, 120 supposedly fbi agents. this is going to come out one way or the other. >>> next up, the state department admits intentionally editing a briefing featuring our own james rosen. >>> glitch in the state department video. >> a portion of the state department's december 2nd, 2000 press briefing was missing from the we po

you got brian pagliano wants to plead the fifth in a judicial watch case and cheryl mills gives a deposition a week ago about cheryl mills, what, 200 times with 7 lawyers objecting during the 5-hour deposition then not recalling the rest of the time. it seems like there are too many questions she cannot answer without putting herself in legal jeopardy. do you agree -- >> well, the sad -- no, the sad thing is that there are so many americans who have access to everything that you just said and it doesn't matter to them. it doesn't matter that the person that they support is a perpetual liar. it doesn't matter that she said what difference does it make in benghazi? would not send help when they pleaded for help. you know, is this the kind of person that we really want to have? we've had better choices than this, and are we going to do this to our children and our grandchildren? and then you look at the e-mail scandal. you know, with all the experience, when she talks about her great experience, first lady for eight years, senator for eight years, secretary of state. you don't have enough judgm

>>le with we're trying to get testimony from bryan pagliano, the clinton i.t. official who supposedly provided support for her. and he's going to be providing the fifth for every question. and wants them under seal and doesn't want anybody to see them. we're opposing that. we have to be able to ask him questions and if he's going assert the fifth amendment. on top of that the administration comes in and tells the court yeah we don't want that immunity agreement public anyway because it would get in the way of our criminal investigation. >> explain what an immunity agreement is in other words that he's going to be immune from prosecution if he does a certain thing. which is? >> best i can tell is he's inimmune from prosecution for anything he's telling them at the justice department and the fbi but he may not be immune from prosecution for anything he tells anybody else or so he would have us believe. my guess ises the something like that. >> it gets uglier and uglier. why are staffers taking the fifth richard? >> if i was his lawyer, everybody breathing down hi

you got brian pagliano wants to plead the fifth in a judicial watch case and cheryl mills gives a deposition a week ago about cheryl mills, what, 200 times with 7 lawyers objecting during the 5-hour deposition then not recalling the rest of the time. it seems like there are too many questions she cannot answer without putting herself in legal jeopardy. do you agree -- >> well, the sad -- no, the sad thing is that there are so many americans who have access to everything that you just said and it doesn't matter to them. it doesn't matter that the person that they support is a perpetual liar. it doesn't matter that she said what difference does it make in benghazi? would not send help when they pleaded for help. you know, is this the kind of person that we really want to have? we've had better choices than this, and are we going to do this to our children and our grandchildren? and then you look at the e-mail scandal. you know, with all the experience, when she talks about her great experience, first lady for eight years, senator for eight years, secretary of state. you don't have enough judgm

watch who brought the federal lawsuit under the freedom of information act pressed mills on whether pagliano was a state department employee or working for the clinton whs he set up the server. he cited his role as clinton's private attorney. an investigator said today they may go back to the courts to force complete answers. >> it's improper for a government attorney to claim attorney/client privilege with a client and simultaneously claim a personal relationship attorney/client privilege. you can't do both at the same time. >> another conflict came to light today after the clinton campaign manager sent a memo over the weekend indicating that the state department told clinton two years ago in 2014 that she was not doing enough to preserve her government e-mail records. yet the following year, clinton told reporters in her first news conference on the e-mails at the united nations that in fact, she was meeting all requirements under the federal records act. the state department inspector general's report published last week found that mrs. clinton broke the rules that applied to all governme

before that, i want to talk about this guy, pagliano, is that his name, who set up private server and granted immunity by congress? >> right. david: is pleading the fifth amendment. it seems strange to me because the fifth amendment is about self prosecution, but the guy was offered immunity. so can you use the fifth amendment if you've been granted immunity from prosecution? >> you are so sharp, counselor, the short answer is no. he does not have a fifth amendment right that because he has immunity. the only thing he could be prosecuted for if he lies under oath if he responds to questions. we believe he has immunity. we haven't seen it. his lawyers have leaked he has. david: if he has been offered immunity, could he say, could he plead the fifth amendment. >> going to correct your question. if he accepted the immunity, yes. immunity is either a promise not to prosecute or an order from a judge barring prosecution. either of those voluntarily waves his fifth amendment right but it is even worse than that he has been ordered by name, by a federal judge, in writing to testify. and he i

my legal question for you, peter, is you look at the questioning happening here and pagliano is the latestading the fifth and not so how can republicans expect to get anywhere with this investigation when everybody close to hillary clinton keeps saying i'm not answering that? >> the clock is ticking. the guy taking the fifth amendment part of a deal to turn state's evidence for the federal government. and then the witnesses pile on with one lawyer so they share information with each other. sandra: objecting hundreds of times to questions being asked. >> she and her lawyer should be in the nba. they are running the clock more than ever seen in american politics at all. so one after another, we get a deceptive message. this is the latest one. what is personal mean? does personal mean a meeting with a donor? she is saying i want to keep personal emails by my meetings with donors to clinton foundati. >> owners not aboveboard, people that are dictators and torture people? donors who do things that are nefarious? that is what she wanted to hide. that is what she wants to hide. >> peter and i are

i mean, this is going to -- >> in the meantime, pagliano plead the fifth over and over and over againposition. the server is not going away being used by trump as evidence of her secrecy and willingness to throughout the rules. is that not a fair charge? >> yes, it's not a fair charge. i have to say, when donald trump, who is -- he attacked judge curiel because of trump university, a case in which he has basically conned people out of money, attacks other people's integri integrity, i find a ridiculous charge. you look at the state department and what's happened there, hillary's aids have been happy to comply with the investigation. she's happy to talk to anyone about this, she's had -- >> she's also said it's a security inquiry, which the director came out and said -- >> hours and hours -- she stood in front of the house republicans for 11 hours and asked and answered every question. >> i know, but you're -- my question is -- >> i have to say, given all those issues, i appreciate people are interested in these things, they should be, and she's been asked every question. she's answere

pagliano, who is the i.t. specialist, actually got some immunity.ou probably wouldn't get an immunity unless you offered, had a proffer in place and you had some valuable information. that person is pleading the there are by some news reports, hundreds of agents working on this. there is something there there. or they wouldn't continue on to this day without coming to conclusion. >> there is different criteria in the two different cases. he has immunity from the justice department. harris: not from -- >> actually where he has immunity. where he doesn't have immunity and where he is pleading the fifth in the "judicial watch" case which is a civil case. harris: civil. >> and pleading the fifth there could actually hurt him. in criminal case it can not. in criminal case that is against self-incrimination which is very important distinction because in the civil case if he doesn't say anything, it could not only make him look worse but as you said, it could also set up the secretary for having to come forward and she said the fbi hasn't yet made a date w

now we're hearing tonight that bryan pagliano, the i.t.cialist, is going to plead the fifth in the e-mail investigation. is there a tit for tat here that is equal when it comes to problems for both candidates? >> look, there's always been a double standard with trump, for trump. it will happen after trump where the -- the investigative zeal always is whetted in the press if it has to do with republicans. in the first line of every story it will say xx, a republican. if it's a democrat it will be paragraph 18 but i think with hillary, the reason people are holding back right now, because it's in the hands of an fbi. we're going have an explosion one way or another or we're going to know by people who have subpoena power, 120 supposedly fbi agents. this is going to come out one way or the other. >>> next up, the state department admits intentionally editing a briefing featuring our own james rosen. what's it like to be in good hands? man, it's like pure power at your finger tips. like the power to earn allstate reward points, every time i dr

kennedy: we didn't hear anything from bryan pagliano because he pleaded the fifth 125 times -- harrisecently. he pleaded before then too. kennedy: yes. but we also heard in that ig report they never asked permission. and that also contradicts what she said earlier about her e-mail -- >> patterns, patterns. a lot of patterns. harris: melissa, what i would point to now is huma abedin tried to do the right thing. was she being told not to? melissa: that's a great point. growing questions about a conflict of interest in the hillary clinton e-mail scandal, this after it was revealed that loretta lunch met privately with bill clinton tuesday for about a half hour onboard a private plane. lynch's agency is handling the hillary clinton e-mail investigation, of course, but she says her conversation with the former president was primarily social and didn't discuss any matter pending before the department. >> i was landing, he was headed out. he did come over and say hello and speak to my husband and myself and talk about his grandchildren and his travels and things like that. so that was the ex

>> we're trying to get testimony from brian pagliano, the clinton it official who supposedly providedor her email server. and he told us in our deposition discovery that we have, thanks to a court order, that he is going to be asserting the fifth amendment in response to every question. and per the court's order he filed an immunity agreement or immunity agreement with the court. wants them under seal and doesn't want anybody to see them. we are opposing that we have to be able to ask him questions. if he is going to assert the fifth amendment. our attorneys need to know what's in that immunity agreement so woe can figure out what to ask and whether his fifth amendment claims are legitimate. on top of that then the administration comes in at the last minute and tells the court, yeah, we don't want that immunity agreement public anyway either. because it would get in the way of our criminal investigation. >> you can explain to the audience what an immunity agreement is? neshedz, is he going to be immune from prosecution if he does a certain thing, which is? >> well, as best as i can te