This is a RUSH transcript from "The O'Reilly Factor," August 12, 2015. This copy may not be in its final form and may be updated.
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Hi, I'm Eric Bolling in for Bill O'Reilly. Thanks for watching us tonight.
Let's get right to our top story.
A very bad day for Hillary Clinton: two major developments in the controversy around her private e-mail server. Remember when she said this?
(BEGIN VIDEO CLIP)
CLINTON: I did not e-mail any classified material to anyone on my e- mail. There is no classified material.
I am confident that I never sent nor received any information that was classified at the time it was sent and received.
(END VIDEO CLIP)
BOLLING: But those claims have completely unraveled. Investigators discovered that her private e-mail server didn't just contain classified information, but top secret material. Hillary has now agreed to hand over her private server to the FBI.
Joining us now on the phone with reaction, the anchor of The Factor himself Bill O'Reilly, who said back on March 10th that she should turn over her server to the FBI. Bill, you nailed it. What took them five months?
BILL O'REILLY, FOX NEWS HOST (via telephone): Well, the FBI didn't get involved and they were hoping -- the Clintons were hoping that they wouldn't. But you have to give credit to Loretta Lynch and to Comey, the FBI director. They finally after the inspectors-general, two of them said, look, our cursory investigation shows that there was classified material on her private server.
Then the Justice Department got into it and Mrs. Clinton had to, had to, turnover her server or the FBI would have got a court order. And that would have put her in a position where she would have looked like a criminal. So once the FBI started to say to her we need this stuff, she had to turn it over and she did yesterday. So that's what happened.
BOLLING: So do you think this doesn't put into question her integrity, her character, her judgment and maybe now her willingness to lie to protect herself?
O'REILLY: Well, look, I think you have to look at this way. That they didn't want, they being the Clinton campaign, to turn over the server. Obviously they would have done it in the beginning as I suggested last March they should do to put her above reproach. They did not do that. They chose to try to stonewall it.
Then when it came down that they had to, of course, a judge would have signed an order to get it, then it's, "Oh, you know, no. We'll give to you after all.
BOLLING: But why are they waiting? You know, if they eventually are going to have to do it --
O'REILLY: Because they don't want the FBI to see -- they don't want the FBI to see what is on the server. See, even though she deleted more than 30,000 e-mails, they can get that. They can reconstitute those e- mails unless they had gone through an unbelievable process of destruction. And if they did, the FBI will know that, as well.
But I caution everybody because what happens in these investigations is you're not going to hear anything for a long time. They will take the server to Quantico where the FBI has its headquarters. They will do forensics on it. They'll break it down -- they will know.
But the public's not going to know and then we'll go into this campaign season really not knowing what Hillary Clinton had or didn't have on her server.
BOLLING: There are two ways it can go. Number one, Hillary Clinton thinks she's above the law and doesn't need to turn over the server until the FBI goes and in and picks the server. And by the way, took the thumb drive from her attorney as well, saying they didn't feel it was safe in his hands. Or she's just, I don't know, she thinks it's not going to matter that much.
O'REILLY: Well, she doesn't have any choice now. She has no choice. She had to turn it over so she did. So now everybody waits to see if Mrs. Clinton was trying to hide something. She's going to maintain to the very end that she didn't know there was any top secret or classified information. That's what she's going to say -- all right.
However, if there is some e-mails that are embarrassing to her, for example don't tell anybody about Benghazi, don't tell anybody this, don't tell anybody that -- she's through. Then she's done. So nobody knows, but you know if people are starting to convict the woman I wouldn't do that. I would just say this is a victory for justice. Obviously we should know when a secretary of state violates protocol, which she absolutely did, why she was violating it.
If she's innocent, that will come out. If she's not innocent, that should come out. But we don't know when.
BOLLING: You know what's interesting, Bill, you say don't convict her yet, however, it's one thing having classified information that may have been deemed classified after the fact although she may not have known in 2009, '10 or '11.
BOLLING: However we found out today that at least two of these e- mails are deemed top secret which means by FBI definition means that exceptional grave injury could be expected to befall the United States should the information get leaked.
O'REILLY: She's going to say nobody told me that. I didn't know that. That's what she's going to say.
BOLLING: Yes. But how bad is that Bill? If the person that wants to be president of the United States doesn't know what is top secret and could be deemed exceptionally grave -- cause exceptionally grave injury to America, I'm not sure which is worse.
O'REILLY: Well, you would have to know what the top secret stuff was and then the folks can decide. But they're hoping -- Clinton campaign is hoping that she can survive yet another controversial situation because, A, people aren't paying attention in August and, B, they don't care about the server or top secret stuff, they're going to vote ideology anyway.
So Hillary Clinton is a liberal Democrat. They are liberal Democrats. They'll vote for her, they don't care what she did. That's what they're hoping.
But if there is something on there as you say, Eric, that is so egregious and everyone knows this is terrible, then you can't have this in a private situation. It has to be secured. Then she'll take a massive hit. But that's again speculation. And we don't know when that will be made public.
And that's really -- Congress has now got to get involved and monitor the FBI's investigation because you know how the government is. You got attorney general who I like, Lynch, appointed by Barack Obama, is she going to be forthcoming and aggressive. I hope so, but you never know.
BOLLING: And the FBI certainly if they do find something that's worth pursuing they will pursue regardless of the DOJ or the inspectors general.
O'REILLY: You would hope.
BOLLING: Bill -- politics now. Let's turn a little bit here. Democrats have to be having a migraine headache over these e-mail scandals. Does this open the door for, I don't know, maybe Joe Biden jumps in now saying look, I don't have any of these scandals?
O'REILLY: Certainly Biden is waiting to see how badly Hillary Clinton is going to falter. That's absolutely what's happening. He's standing back saying everybody knows me, I don't have to get in early. I'm going to watch.
Certainly Hillary Clinton's campaign is going poorly. There is no question it's going poorly. All right. The woman is not the engendering any confidence even in her own party. All the polls show that.
So Biden is just standing by going I don't have to get in now, I don't have to slug it out. Let me just stand and see how bad it gets worse for her, and if it gets worse then he'll jump in.
BOLLING: All right. Very quickly -- Al Gore, I don't know, he's exercising a lot, he's losing some weight. Thoughts?
O'REILLY: No chance -- won't do it, you know. I don't know what he's at -- are you going to gym with him -- Bolling? What are you doing? How do you know all this?
BOLLING: I don't know. I don't know.
I'm going to leave it right there.
O'REILLY: Are you pumping iron with him? I know you pump iron. Are you pumping iron with Al Gore? Is that what's going on here.
BOLLING: I don't know. I love the gym. Bill, we're going to have to leave it right there. We thank you very much for calling in.
O'REILLY: All right. Thanks for being in for me. I appreciate it.
BOLLING: I love it.
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