which is a little different than sandy berger who kept them in his pants. nonetheless he kept them in a sock drawer. then he retires. he's a former president. judicial watch brings a lawsuit and says national archives, go get those. we want to see some of those. he gets in front of the clinton judge and what does she say? she reads the law. the presidential records act. not the espionage act. or clinton would be doing 50 years with his wife by now. she reads the presidential records act and you know what she concludes? i tell you what she concludes. she says the responding agency, the national archives, the tapes were mr. clinton's personal records there for not subject to the presidential records act or the freedom of information act. the government's position was that congress decided the president and the president alone decides what is a presidential record and what isn't. this is why they want to talk about the espionage act and not the presidential records act. we had a legal analyst come on this network a few hours back and he said presidential recor

they chose to only charge sandy berger. after he stuffed classified material in a sock and stolclase it, not to chargem with anything more than a misdemeanor. the on issue after issue, they choose not to move on these things because it would. but whennot to these thing it cg that's republican and particularly trump. they always choose to go for the former. they're in essence asking for a life sentence. and the damage thi. ares is doig to our country is tremendous. i imagine they're watching the stuff in beijingoing tr and they're giddy about it. i mean, to them, this appears like america is destroying giddg itself. we're just going to keep doing what we're doing to take over the world because they're doin g it to themselves and all because this is political. this is designed a to they'vece made the choice that no matter what damage this causes our country, i mattet to be done because we need to get this thing in place. o geis thingbut for the 20 2024, it's a sad day for the country. it's a damaging day. and all these giddy

guest: there had been a case where former clinton national security advisor sandy berger had -- i believe he was to testify before the 9/11 commission, a little hazy on my memory on it. he asked the national archives if he could go in and look at his notes and records from that time period. while he was there, he stuffed them in his coat pocket and walked out. host: former president trump referenced saying the clinton case, while denouncing the indictment charged against him in recent days, this was an event in columbus, georgia this past weekend. i want to play this clip since we are talking past cases. [video clip] >> they do not mention the defining lawsuit that was brought against bill clinton. it was lost by the government, the famous socks case that says you can keep you -- keep these documents. they do not mention that. these are the minor details. when i left office and was moving to florida, boxes were openly sitting on the white house sidewalk. everybody was taking pictures of them. this is not somebody smuggling boxes out, pictures of them sitting with people from gsa and other

and even when in the past again more precedent, howard, when there was charges brought, sandy bergerd petraeus, it amounted to two years of probation. the point is, as a liz has said, this is historic. this is major. for a political rival to be arrested, you might fall back with on precedent. you might look at our past and say do we do this, and you will come up with an inevitable answer, no, we do not do this because it is historic. howard: right. well, jim comey said no reasonable prosecutor would bring the case against hillary, but it was a judgment call. they just as a easily could have indicted the former secretary of state. i want to play for you, liz -- and all of us -- particularly cnn and msnwc viewers who didn't get to see the speech from the bedminster golf club, what donald trump says he will do if he is elected again to the white house. >> i will appoint a real special prosecutor to go after the most corrupt president in the history of the united states of america, joe biden. [cheers and applause] and the entire biden crime family. howard: so, liz are, isn't that the sam

. >> sandy berger. >> national security official. destroyed some documents. and every single person who either disseminated, withheld or didn't return documents, they have all gotten prosecuted today. >> to be clear, they're not charging dissemination as of now, so this fascinating moment where he's showing the documents around is really proof that he knew the documents were classified, less the notion that he was showing them to people. an important distinction to make in terms of the legal charges. i think what stands out here is your point, joy, over and over again, he lies to his lawyers. he pretends at one point after he's taken all the good stuff out of the storage room, and left stuff for evan corcoran to find, he plays dumb. he's like, so what did you find in there? anything serious? evan? and then has the audacity to say if you do find some bad stuff, just take it out. like he's lying to his own lawyers. the only person he's not lying to is himself. he really cares about the boxes. he's very clear they matter to him. i keep going back to when we talk

federal level and while they understand the facts may be different when it comes to joe biden or sandy bergertrump appears to be a target of democrats and that's their political opponent right now. on the other hand you're hearing from a lot of republicans wondering but does it mean he can't win a general election? >> byron: thank you both and thank you to donna brill and sarah. we will be right back. ♪ ♪ oh, my baby! thank you so much. well... will arnett beat me to it. you can count on me. just like people have been relying on geico for over 85 years. huh, and he beat me to that. we all know you coulda helped too... oh, be nice! i know, so sensitive. -okay... can i have my dog? -oh yeah, of course. thank you so much. [laughing] you know will... let me have my moment. geico. over 85 years of trusted service. somedays, i cover up because of my moderate to severe plaque psoriasis. now i feel free to bare my skin, thanks to skyrizi. ♪(uplifting music)♪ ♪nothing is everything♪ i'm celebrating my clearer skin... my way. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. in ano

sandy berger was caught stealing classified documents from the national archives, very big ones, verynt ones, by stuffing them in his pants. that's pretty. putting them also in his socks and he destroyed them and cut the tape with scissors, cut them all up. what berger did was highly illegal, but he was given nothing, no jail time, nothing, nothing happened. there are countless other examples. bill clinton, who i happen to like. hard to believe, right? before i did this, i was white -- quite friendly with him. nice guy. they should have used him a little bit more as an advisor on the 2016 election. he said you better get to wisconsin and michigan, you are going to lose. no, were not. they did. clinton lost the nuclear codes and absolutely nothing was done about it. he lost the nuclear codes. the george w. bush white house lost 22 million emails, a record. nara cannot assure complete transfer of any of the bush records. document shredding truck was spotted on the way to dick cheney's house. can you imagine? hillary clinton took hundreds of thousands of dollars worth of furniture, china

officials should've been charged with their own document problems talking about david pretorius, sandy bergerbeen hit with heavier charges. also the story, no coincidence that trump was indicted the same day as more information is coming to light about joe biden's alleged 5 million-dollar bribery scheme with ukraine that story is not going away. this is the story that has legs, here is the problem americans are fed up. there fed up with the two-tier system of justice in the united states. this is the second time donald trump has been indicted this year. he is a current front runner in the 2024 gop primaries. the first indictment was shockingly weak. now they are doing it again, trump leads the polls. this is what the trump voter is talking about, trump first indictment did not hurt him in the pulse. he rose in the polls, a lot of people who are trump voters feel like this is a ploy by the left to stop trump from reading again and possibly being president again. we had much reaction coming in throughout the day and republicans, this is the story again that is going to stay with us through the

who was on the previous panel here, she was on my national security staff and she and tony and sandy berger, they favored naming a special envoy and everybody else thought i was crazy. the british press was so bad that they were speculating that john major i did it to burn john major because he checked my passport files for the bush campaign and 92. [laughter] like i would change all american policy -- [laughter] everybody was going nuts and said clinton is so pistol off at major for checking his passport files to see if he tried to give up his citizenship to join the soviet union. [laughter] i mean, go figure. that's the only reason he's doing this. that's how inconceivable it was to the whole british body of politic. and i told you all i respected it that he tried because he was on a very thin parliamentary majority and he needed the unionist. he risked it anyway. even though i didn't really go anywhere, he tried and i think we should all give him credit for trying. [applause] and albert reynolds thought i should grant jerry a visa. we all worked it out. there were seven irish groups and

sandy berger was an attorney for bill clinton.ed guilty to destroying classified documents from the national archive. he took scissors and he cut up terrorist threats from the millennium, the return of the millennium. pete: a top national security aide, had three documents, cut them up with scissors, could had a year in prison and $100,000 fine. except ultimately he worked for bill clinton, he's a democrat only charged with a misdemeanor and $50000 fine, no jail time at all. will: then speaking out and staying on the clint, of course hillary clinton, here brought up all the time and hillary clinton tweeted out a photo of her wearing a hat with her e-mail and pretty interesting in similarities. in september 2022 hillary clinton said she told investigators, there were 0 classified e-mails on her private e-mail server this is referring to a 2015 story investigation. pete: imagine the goal it takes that there were 0 classified documents. it dates back to 2015. in 2018 a government report very clearly points out there were at least 193

yes >> so you're talking about the sandy berger, very famous case general david petraeus, these are individuals who have extremely high profiles and high rank within the national security apparatus, who are politically, valuable that's what you mean? >> absolutely. you know very well that classified information leaks to the press all the time, and for the most part it comes from high-ranking officials who want to push some kind of political agenda or want the public to know something selectively that makes them look good. >> what is the future for your client? as she watches this unroll, she's now out of prison. she has served her time. does she, is she on probation now? >> she is still on supervised release. she is not allowed to leave the district, the southern district of texas. she will be on supervised release for the next few years and she is consistently monitored by the probation department. she is about the most boring person to monitor. she is a coach and she just takes care of animals and is living a delayed but her best life right now. but the pardon process goes on. we are waiting

when you look at sandy berger, bill clinton's national security advisor who went to the archives and stuffed information in his sock and got a misdemeanor. hillary clinton had top-secret documents on her server at home. all hackle bowl by enemies abroad. she didn't get prosecuted. and then you look at hunter biden, misdemeanor. basically an excuse again. all the charges against donald trump which could have been misdemeanors in new york city elevated two felonies. you wonder why republicans thank you cannot get a fair shake and the deck is stacked. it is unfair. that is why because of recent history. >> thank you so much. >>> speaking of media manipulation, how is there no national discussion about what we saw this past weekend? 75 people were shot and 51 separate instances in just one city. much of this violence tied to juneteenth celebrations. lake in willowbrook, illinois where one person is dead and 22 more were shot win multiple gunmen fired into the crowd. in milwaukee, six teens were shot as festivities wrapped up. the youngest was just 14. and is shooting in san diego left on

several locations included stuff that he took out somehow, probably stuffed down his sock like sandy berger did when he was a senator. >> there's documents there. he didn't have secret service protection, they weren't in a secure location and as a senator, like you said, you're not allowed to have any. as a member of congress, house or senate if you want to see classified document they bring it to you are you located in skiff. is prohibited by law to extract that document, the idea he had it in his possession, why not go after -- dave: any chance that these cases, did an indictment and there's a trial, any chance the trial could reach a conclusion before the 2024 election. >> this is a political motivated i think they will time it to have a drumbeat out there. dave: what happens despite her conviction could trump, as president, as a convicted felon or whatever they charge them with parton himself? >> i don't think on that issue, it is absurd, of all the things going on in the world this is what they are focused on. dave: mike pence launching his campaign saying it's time for republicans to

one thing we do know, whether hillary clinton's name is invoked, sandy berger's name, david petraeus, remind petraeus and berger they pled guilty and one lost his law license. one had $100,000 fine. if president trump had just turned over all of these documents at the outset, we wouldn't be having this conversation today. >> you know, kimberly, we haven't even scratched the surface of this yet. the former president is running for president and not only that, he is the frontrunner in the republican nomination right now. >> i mean, yeah, this is really that's the most concerning aspect of this in that we now have a democratic president and a democratic attorney general who have brought an indictment against the former republican president who is the leading contender to be joe biden's opponent this fall. this is the kind of thing that we would laugh at if it were coming from another country. and that, in my mind, is the biggest question here is we are now meditating on the contents of this particular indictment. but the question for me is why did we have to get here in the first place?

wasn't serious enough for mike pence, it was barely serious enough to get more than probation for sandy berger why do you box in somebody running for president. >> ainsley: bret baier said you were found with x amount of boxes that's nothing what biden was found with he was found with boxes in the garage, penn center and also in chinatown. >> brian: still hasn't given up. >> ainsley: he said i was president. i had the presidential records act in my favor. and he said that i was at liberty to have these classified information, this classified information. whether or not he that's going to be admissible in court because some say he had to go through a bureau says to make these declassified. others say, as president, he could just say that they are declassified. >> brian: one of the biggest issues right now in the world is ourselves forcing his way into a meeting in china. so hours, he got 45 minutes with president xi. so, with the tensions in china. front and center, that's what bret asked. how would you handle the situation we're in right now? and the balloon? >> they wouldn't have ever had a s

but, you know, when you look at sandy berger, bill clinton's national security adviser, who went to the national archives, stuffed classified information, isaak got a misdemeanor. hillary clinton, who had classified information, including top secret, top secret documents on her server at home, all hackable by, entering enemies abroad didn't even get prosecuted. and then you look at hunter biden misdemeanor, basically an excuse again and then all the charges against donald trump, which could have or should been misdemeanors in new york city, elevate to felonies. >> and you wonder why republicans think that you can't get a fair shake that the deck is stacked up. it is unfair. that's why because recent history. >> ari, stephen, thank you so much. now, speaking of media manipulation, how is there no national discussion about we saw over this past weekend 75 people were shot and 51 separate incidents in just one city. now, much this violence tied to juneteenth celebrations like in willowbrook, illinois, where one person is dead, 22 more were shot when multiple gunmen fired into the crowd. th

sandy berger, the general petraeus, mike pence, the former president obama, then senator, joe biden, clinton, to trump take us a few documents. legal experts are saying that the justice department lost the right to expect and trust in the citizens years ago, long before the damning doj's general report about trump in russia and the report for special counsel john dora. >> will look, they're absolutely right when it comes to the selective prosecution which is something i brought up earlier the double standard in the application of law, but i will say, as damning as this indictment looks on his face when you thank former president trump has a lot of hidden assets become soup presidential record acting what he can get deemed inadmissible in court and he very well could when this and remember, an indictment is a heart stopping rendering from the prosecution coming it is not till the other side of the story. liz: all right, so to be a will be delay delay, fighting fighting as you know the other side tries to push it forward and final word. >> will this is exactly how the democrats hope to

documents is people who are way higher up the ladder, david petraeus, you know, war hero general, sandy berger, who was an nsa official, the higher up people are the ones who get probation and a fine. right? the ones who give it back, who are way high up, like the vice president of the united states, former vice president mike pence, who give it back, aren't charged at all. if anything, donald trump is being treated far better than anyone else who has committed this crime. >> joy, great to be with you. and as heidi said, and as your piece said, yeah, there's a long history of prosecutions under the espionage act for leakers, for people who unlawfully retained information and then didn't give it back when asked. and then the classic spies, the people who actually commit espionage. this, the case with president trump, is under section 93, is very different from the other two ones i described. but the indictment sort of lays out a really strong case. and this is what i have said over the past year, that as doj was building the evidence in this case, whatever those charges were going to be and wha

sandy berger stick the documents in his stock. in all those cases became quickly apparent that we will resolve this case. he did something wrong. we gotta deal with it. here we don't that type of exchange between the former president and his camp and the government. they fought and kicked every turn. they have denied everything. what does that mean? we're going to a full prosecution. it could mean a trial. number two, i think -- you have alluded to this. it's a little different when you are dealing with the president. while a prosecutor, particularly mr. smith, is going to make sure he dots all his is and crosses his ts, you do that two, three, four times whether you deal with something as unprecedented as indicting the former president of the united states. >> yeah. you laid it all. go ahead. >> i was going to say, everything we are seeing, everything that's coming out in the media, it shows exactly that. he is not dragging his heels. he is being professional, being thorough. i think that what we have seen is very important infor

of people as you watch it, biden can do whatever he wants, hillary clinton whatever she wants, sandy berger can steal documents, stuff it in his sock, hide it under a trailer but trump does it and we are going to nail him and put him in jail the rest of his life. a lot of common sense if you look at it and the polarized and volatile country will have this injected. it's not just a former president. this is the likelyest opponent to the sitting president in the next election, what we are going to be focused on while china is opening spy bases in cuba, flipping places like honduras. >> john: the former president made the turn from 826 to the dolphin expressway. i lived there for a while. used to take 826 home all the time. >> it's a lot more crowded these days. >> john: more lanes than when i was there. he'll be going by your neighborhood soon on his way downtown. we'll keep following this. the former president saying we are a nation in decline. it's what this whole book is about. and the title decades of deckadense. >> we can do whatever we want, undertake a cultural hysteria that plays out,

and sandy berger and the socks. >> john: he took them out of the archives. >> out of the archives. a question of the criminalization of this. they laid out in the document as a national security issue, but there is some argument to be made about -- about this, and you've seen the former president touch on that a little bit, but his legal defense may go down this really interesting road about the difference between the espionage act of 1917 and the presidential records act of 1978, and whether he was not turning over the documents a civil process first. once you start criminalizing, they testify under deposition, you flip them and it becomes all kinds of different things. that's some of the defense argument they may start to make. >> sandra: jonathan turley, andy mccarthy joining us as well, why don't you expand on that for us, jonathan turley. >> the government is going to argue this yes, it began as a presidential records act matter but the archives informed the fbi they believed there was classified documents in an unsecure location. and the government is effectively saying yeah,

serving as a great example in the case of bill clinton's national security advisor member that sandy berger, he was caught stealing classified documents from the national archives, very big ones, very important ones by stuffing them in his pants. that's pretty and putting them also in his socks, and he destroyed them and cut the tape with scissors. cut them all up. what burger did was highly illegal, but he was given nothing, no jail time, nothing, nothing happened there. a calculus. other examples. bill clinton, who i happened to like hard to believe, right before i did this, i was actually quite friendly with them. as guy, they should use them a little bit more as an advisor on the 2016 election. he said, you know, you're going to get to wisconsin, you're going to lose. no, we're not. you. but to get the michigan, you're going to lose. no, we're not. they did built last a nuclear codes, and absolutely nothing was done about him to us. the nuclear coach. to george w bush white house. last 22000000 emails for record now or i cannot assure a complete transfer of any of the bush records. the

where was the indictment of hillary clinton, where was the indictment of others, sandy berger, he got dismissed with a misdemeanor after he stuffed classified information in his sock and took it out of the national archives building. so, why are they going after donald trump with the series of felony charges when donald trump is running against joe biden, merrick garland the attorney general is an agent of joe biden. this is them dealing with their political opponent through the criminal system. longer term, though, i don't know. because i think there's a lot of seriousness to these charges. i already said i wouldn't have brought them because of the damage it's going to do to the country and inconsistently, where republicans, donald trump treated one way, but they have brought them. will this cause any number of republicans to say sometimes donald trump can be too hot to handle, isn't it time for somebody different for 2024, or will republicans say it is wrong to let joe biden dominate our process and by going after trump pick our opponent, pick his opponent by bringing these charges

a former national security adviser for the clinton administration, sandy berger got convicted, he playedtroying top-secret documents. and he got $10,000 fine. >> martha: stuffed it in his pants and a socks, i remember. thank you very much, good to have you with us today. hope you come back. great to see you. that's "the story" and i guarantee that it will go on for quite a while on both sides. we will bring you it fairly, see you back on monday. "your world with neil cavuto" starts right now. ♪ ♪ >> neil: you are looking live at the courthouse in miami, florida, where donald trump will appear next week. you are also looking to the right of your screen at the justice department. this is where we are going to see a lot of these legal details being ironed out. due to special counsel jack smith just delivering a statement on the indictment involving the president and his handling of these classified documents. we are also learning that there are now more than 30 accounts ranging from making false statements to a scheme to conceal the documents.

now when sandy berger, the national security advisor under president clinton did that, and the 19 ninety's, he was personally prosecuted under the espionage act and found guilty for doing exactly what then senator biden did. he was a senator and he's had these were decades. he's set them to penn center and the sentence university has ties to china. that isn't a security threat. these are classified documents that had been shown to all kinds of people, including potential spies. now you were saying in drawing all these conclusions to say that the president trump, for all i know since there were 13000 documents in play and we're talking about a 121. he quoted a thought they were all retired. you'll only see the accusations, but the lord are here on the other side. she might be a great prosecutor. she's not the jury, she's not the fact finder here. she's just taking allegations on their face to be accurate and they're not. what was the state of mind? what do you know, but with these advisors all about, is there any, if you apply melanie standard, then mr. bind, it's headed to prison. as charl

we think back to sandy berger and director deutsche, we think back to david petraeus. donald trump pick david petraeus? irony of all ironies, he said he couldn't pick him because he mishandled classified documents. and he said it just wouldn't be right, even if i didn't, even if i didn't mind, he goes, those generals, let me tell you, those generals hate people that mishandle documents. i would have a mutiny on my hands. so he doesn't pick david petraeus for being sloppy with classified documents and then he does this. >> and the alice in wonderland world we're living in, david petraeus and sandy berger are now being raised by republicans for an indication of why donald trump shouldn't be prosecuted because all of those other people weren't. the level of misinformation that is being deliberately put out there is having an impact. i think most voters in the suburbs will say, yes, i'm going to walk away, there's too many problems. but there may be some who actually do start believing. >> let's set the scene for what's going to be happening today. former president donald

i go back to sandy berger who was a national security official in the clinton administration who pledssified material that he took out of the national archives and he was all the way prosecuted. the scale of that and the fact that he destroyed some of the documents weighed in on he didn't give them back, some documents were destroyed. to me that fact pattern is similar. the scale with trump is so much different. the fact he had this hide and seek. trump goes through this hide and seek where he has please saying trump is tracking the boxes. more to follow today on whether he wants to go through trump. trump employee two, thank you. trump employee two, got anything new of the boxes? can we get new box covers? days later. get you information on boxes. it seems like there's a hide and seek to hide the boxes to make sure no one can get to the boxes. there's no other official that i heard of -- hillary clinton say what you want. she wasn't doing a hide and seek. if she forwarded emails to a foreign country, they could have found that. does that explanation in your mind help to frame this wh

what about sandy berger, president clinton's former lawyer who tried to sneak document out of his ownwer. what about secretary of state hillary clinton? why were any of them prosecuted? these were important questions at -- and at the end of the day, there's prosecutorial discretion about the charges you bring and don't bring and in this case, why wasn't prosecutorial discretion used to bring these charges at the time where the executive branch running again. these are questions that will be raised almost certainly at the trial. there is an argument that a sitting president cannot be charged with a crime or cannot be prosecuted, the only remedy for that is impeachment. that was argued in a department of justice memo. former president trump is related -- reelected and he may point to that. and he might argue that bringing charges are unprecedented. there's something inappropriate about that and the case should be state off. --staved off, that is another argument he can make. i will say this. we are talking about a lot of documents, some very highly classified, some very sensitive sittin

guest: there had been a case where former clinton national security advisor sandy berger had -- i believetify before the 9/11 commission, a little hazy on my memory on it. he asked the national archives if he could go in and look at his notes and records from that time period. while he was there, he stuffed them in his coat pocket and walked out. host: former president trump referenced saying the clinton case, while denouncing the indictment charged against him in recent days, this was an event in columbus, georgia this past weekend. i want to play this clip since we are talking past cases. [video clip] >> they do not mention the defining lawsuit that was brought against bill clinton. it was lost by the government, the famous socks case that says you can keep you -- keep these documents. they do not mention that. these are the minor details. when i left office and was moving to florida, boxes were openly sitting on the white house sidewalk. everybody was taking pictures of them. this is not somebody smuggling boxes out, pictures of them sitting with people from gsa and other people waitin

the public, the repercussions they face versus when it's someone like a general petraeus or a sandy bergerears to be the two-tiered justice system where it's the little guys who really get the book thrown at them. because trump is charged under the espionage act with willful retention as opposed to dissemination, there have been a number of stories, including one that i saw recently in the "new york times" recounting the number of kind of lower level folks who have gotten several years in jail just within the last five or six years, including folks who were prosecuted under the justice department in the trump administration for doing things like bringing classified documents home either in some cases it appeared to be for no apparent reason, sort of like what we now know about the trump case, in acouple of cases to do some work at home on nights and weekends, and got substantial jail time. it's a somewhat different snare, but it's somewhat relevant to this case, which is the scenario in which you have media sources, people like reality winner, who was a government contractor and said i kee