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Special Report

All-Star Panel: Fallout over Clinton's e-mails on private server

This is a rush transcript from "Special Report," March 4, 2015. This copy may not be in its final form and may be updated.

(BEGIN VIDEO CLIP)

JOSEPH DIGENOVA, FORMER UNITED STATES ATTORNEY: The House committees that were investigating Benghazi, the House Foreign Relations Committee, Armed Services, and most tellingly, the Intelligence Committee, did not know that these private e-mails existed. That tells you about how bad their investigations were, how unprofessional their investigations were, and how truly they were not interested in getting to the facts about Benghazi.

(END VIDEO CLIP)

BRET BAIER, ANCHOR: Obviously, now the Benghazi select committee has subpoenaed these new e-mails, this server that was used by Hillary Clinton, but pointing out there that all these investigations there was zero e-mails from the secretary of state. And none of them said anything up until this point. Speaking of those e-mails, here is an exchange. This was first obtained by a hacker and then put online. It's a communication, we believe, between Hillary Clinton and said Sid Blumenthal. And this is a former Clinton aide. It says "For Hillary from Sid, memos addressed a wide range of topics and global flash points like Algeria, Turkey, Mali, and Libya. Blumenthal also provided Clinton with information about the European Central Bank, Georgia elections, and German Chancellor Angela Merkel. The memos to Clinton carried titles like "Comprehensive Intel report on Libya," included all cap warnings that "The following information comes from extremely sensitive sources and should be handled with care."  Each memo included a note on the sources of intelligence included in the document. One typical memo referred to sources with access to the highest level of the Muslim Brotherhood in Egypt, the leadership of the armed forces in Western intelligence, diplomatic and security services. A January 15th, 2013, memo on Libya internal government discussion reportedly relied on sources with direct access to the Libyan national government."  Interesting to post all that up, just digging it up. Steve?

STEVE HAYES, SENIOR WRITER, THE WEEKLY STANDARD: Those are e-mails, we should be clear, those are e-mails that she is alleged to have received from Sid Blumenthal, not necessarily that were sent.

BAIER: "To Hillary from Sid."

HAYES: From Blumenthal. I received an e-mail from a 30-year veteran of U.S. intelligence who said those e-mails read as if they were produced by U.S. intelligence. We don't know if that's true. She wasn't the one sending them. There is no evidence that she sent classified materials out over those e-mails. But I think it's interesting, nonetheless, and it will be also interesting if we ever get to see what she did in response to those e-mails. Did she communicate back to Sid Blumenthal about those things? Did she ask questions about the subjects that were raised in those intelligence reports if that's what they were? Did she do Clinton Foundation e-mails? Did she do Clinton Foundation business? Was she talking about Clinton Foundation, was she talking about donations on her e-mails? There are so many things that she could have been doing that are now just absent from the public debate about this.

And this number that we keep hearing, 55,000 e-mails that they produced is totally meaningless. It's immaterial. What if there was a pool of 200,000 e-mails and she produced a 55,000. Then we are missing 150,000. What if she produced 55,000 and there were 3,000 e-mails related to Benghazi and 2,000 e-mails related to the Clinton Foundation? The 55,000 number is foolish. And it was what we heard throughout the course of the earlier Benghazi investigations. They would say this has been exhaustive.  We have produced 30,000 pages worth of documents. Who cares? It doesn't make any difference.

BAIER: John Podesta, current aide, Sid Blumenthal the former aide, current aide John Podesta said this in 2007, "At the end of the day it looks like they," the Bush administration, "were trying to avoid the Records Act...by operating official business off the official systems." Are they going to have a big problem, Juan, politically in the Democratic Party as she gets ready to launch this campaign?

JUAN WILLIAMS, SENIOR EDITOR, THE HILL: Well, let me just say I was at the White House today with the president at an off the record meeting he was having with a bunch of columnists, and there was radio silence on this topic. And I think that's an indication that among top White House, top Democrats in the country right now, there is a great deal of unease about, well, what happened here?  Because the Federal Records Act is pretty clear. Josh Earnest and the White House have been clear that there were briefings for all officials, all cabinet officials coming into this administration. This is not an administration -- they are not taking the heat themselves and saying, oh, you know, this is something that was commonly done.

We know that other secretaries of state before the Federal Records Act was put in place required this did have private e-mails. Colin Powell, for example, Madeleine Albright, I think, also. But the reality is right now that a lot Democrats who have -- people were criticized. Especially Obama folks were saying there's a coronation coming with Hillary Clinton, she needs to have a campaign, she needs to get out there, now sense that she is creating problems for herself.

BAIER: Who did you have lunch with?

CHARLES KRAUTHAMMER, SYNDICATED COLUMNIST: I was going to say surprisingly I wasn't at the White House having lunch with the president. I do not understand why. Perhaps the invitation got lost in Hillary's secret e-mail box. Well, I guess that's where I'm going to have to end it today. I got a signal that we're done.

BAIER: That was our producer, not someone else.

KRAUTHAMMER: I'm hearing, or otherwise I'm hearing voices and I ought to treat myself.

(LAUGHTER)

BAIER: That is it for the panel. But stay tuned to see what you missed during our most recent online show.

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