This is a rush transcript from "Hannity," November 12, 2015. This copy may not be in its final form and may be updated.
SEAN HANNITY, HOST: Welcome to "Hannity." Tonight, Republican front-runner Donald Trump is taking heat over his plan to deport illegal immigrants. Now, this comes after the 2016 GOP hopeful made this historical reference at Tuesday's debate. Watch this.
(BEGIN VIDEO CLIP)
DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: We are a country. Going to have to go out, and they'll come back, but they're going to have to come back.
Dwight Eisenhower -- good president, great president, people liked him -- "I like Ike," right, the expression, "I like Ike" -- moved a million- and-a-half illegal immigrants out of this country, moved them just beyond the border. They came back, moved them again beyond the border. They came back. Didn't like it. Moved them way south. They never came back.
TRUMP: Dwight Eisenhower. You don't get nicer and you don't get friendlier. They moved a million-and-a-half people out. We have no choice!
(END VIDEO CLIP)
HANNITY: Now, some in the left-wing mainstream media are slamming Donald Trump for his Eisenhower analogy, but yesterday, Donald Trump stood by his plan and even proposed a so-called deportation force to expedite the process. Watch this.
(BEGIN VIDEO CLIP)
TRUMP: You're going to have a deportation force, and you're going to do it humanely and you're going to bring the country -- and frankly, the people -- because you have some excellent, wonderful people, some fantastic people that have been here for a long period of time.
They're going back where they came. If they came from a certain country, they're going to be brought back to their country. That's the way it's supposed to be. Now, they can come back, but they have to come back legally.
(END VIDEO CLIP)
HANNITY: All right, here tonight with reaction, author of the brand- new book, "Sold Out: How High-Tech Billionaires and Bipartisan Beltway Crap Weasels Are Screwing America's Best and Brightest Workers," Michelle Malkin, immigration attorney Francisco Hernandez, and from The Washington Times, it's Charles Hurt.
All right, Francisco, let me start with you and this question. If you're from Central America, if you're from El Salvador, if you're from Nicaragua and you go into Mexico illegally, do you know what happens to you when you get caught? What happens?
FRANCISCO HERNANDEZ, IMMIGRATION ATTORNEY: It is horrible. It's horrible. It's inhumane. It's horrible, inhumane treatment...
HANNITY: You get put in jail...
HERNANDEZ: I agree with you.
HANNITY: You get put in jail or you get deported, correct?
HERNANDEZ: It's terrible. It's terrible.
HERNANDEZ: It's dangerous. It's...
HANNITY: Now, Michelle Malkin, I personally think that this discussion is meaningless until we get the border secure.
MICHELLE MALKIN, "SOLD OUT" AUTHOR: Absolutely.
HANNITY: Every Republican candidate wants to secure border. Do you agree that we should do that first and finally get it done because they haven't gotten it done up to this point?
HERNANDEZ: And I agree with you on that.
MALKIN: I would -- I would tweak that slightly. It's not just a matter of securing the border first. It's first, always and forever. Securing the border is an eternally vigilant task, duty, of the federal government.
And what I have to say about the Trump plan -- I like the fact that the open borders lobbyists absolutely going bananas in both the left and the right, the U.S. Chamber of Commerce and the La Raza types, because he's calling the bluff, as I have called the bluff, of these people for decades now. It's the elephant in the room among the GOP elephants in the room, and it really does reveal the true colors of the likes of John Kasich and Jeb Bush, and yes, Marco Rubio, who was on the wrong side during the "gang of eight" debate, in prioritizing who we should put first.
Francisco, it is not inhumane for any country that calls itself sovereign to protect its own people first. That's what Mexico does...
HERNANDEZ: That's not what I said.
MALKIN: ... and that's what the United States should do!
HERNANDEZ: But that's not what I said. All I'm saying is, listen to what Donald Trump is saying. He is the most immigration reform advocate that I've heard this year. He's saying if they'll go back, he will create a system where they can come back legally.
HANNITY: So you support Donald Trump.
HERNANDEZ: No one -- no one -- no, no, no, no, no. No, no. But no one is more against undocumented immigration than undocumented immigrants. Guys, come on! Mr. Hannity...
MALKIN: They have plenty of documents.
HERNANDEZ: ... we've already talked about this. Build your wall. You're going to need 100,000...
HERNANDEZ: ... just to build it.
MALKIN: ... big task force.
HANNITY: Yes, well, we have 94.5 million Americans out of the labor force and 50 million Americans in poverty and 46 million Americans on food stamps. I think we can find the workers. Charles...
HERNANDEZ: And the reason that they went back after...
HERNANDEZ: ... Eisenhower was because...
HANNITY: If you look at the...
HERNANDEZ: ... there were no more jobs after those soldiers came back from Vietnam.
HANNITY: I saw the pictures and people didn't look like they were all that upset as they were walking back into Mexico when I saw some of the images in the in the paper today. Charles...
HERNANDEZ: You're right.
HANNITY: Charles, let me ask you...
HERNANDEZ: You're right because...
HANNITY: ... because this is an important aspect of where this debate is in the country. And the polls show that the American people, the Republican voters, agree with Trump!
CHARLES HURT, WASHINGTON TIMES: Oh...
HURT: ... in both parties, the majority of voters agree with what Trump is saying. And when he talks about a deportation force, he's not talking about anything radical. He's talking about what we already have, board patrol and Immigration and Customs Enforcement agencies to do already -- all he's talking about doing is actually enforcing the laws that we have on the books.
And there's nothing inhumane about it. I would argue that what is truly, truly inhumane is to send a signal to all across South America that draws tens of thousands of children to be enslaved, to be -- to be kidnapped, to be -- you have girls...
HERNANDEZ: Oh! Oh, my goodness!
HURT: ... who are taking birth control pills before they went on their venture because they were so certain they were going to be raped.
HERNANDEZ: Oh, my God!
HURT: ... most inhumane thing you can do to people...
HERNANDEZ: ... dark picture of the...
HURT: ... to draw -- to draw all of these illegals...
HANNITY: Francisco, let him finish.
HURT: ... to come streaming across the border as children.
HANNITY: All right, let me go...
HURT: I can't think of anything more inhumane.
HANNITY: Let me go -- this is now expanding among all the Republican candidates and the Democratic candidates are all weighing in on it. Here's Ted Cruz versus Marco Rubio. Let's watch this.
(BEGIN VIDEO CLIP)
SEN. TED CRUZ, R-TEXAS, PRESIDENTIAL CANDIDATE: It is not complicated (INAUDIBLE) amnesty (INAUDIBLE) the "gang of eight" (INAUDIBLE) that was the brainchild (INAUDIBLE) Barack Obama. (INAUDIBLE) would have granted amnesty to 12 million people here illegally. Now, I stood with the American people (INAUDIBLE) the United States Congress.
SEN. MARCO RUBIO, R-FLA., PRESIDENTIAL CANDIDATE: The lesson of 2013, when I was involved in a bill in the Senate -- the lesson I learned from that is the people of the United States do not trust the federal government on immigration, and you're going to have to prove to them that illegal immigration is under control.
(END VIDEO CLIP)
HANNITY: Michelle, what is your reaction...
MALKIN: Guess what?
MALKIN: Yes, let -- let me give you my reaction...
MALKIN: ... because informed citizens need to know that when push came to shove, Ted Cruz was on the right side and Marco Rubio was on the wrong side. And even though he's had this late-breaking campaign epiphany about "gang of eight," the fact is that he was in the hip pocket of the open borders lobby, and he remains so!
HERNANDEZ: There are no lobbyists!
MALKIN: His main funder is a billionaire hedge fund manager who was one of the biggest advocates and cheerleaders for the "gang of eight" amnesty. And people will have to judge that record versus the rhetoric.
HERNANDEZ: It was not amnesty.
HERNANDEZ: Oh, my goodness!
MALKIN: Of course it was! It was a mass blanket pardon. And by the way, the Obama executive amnesties...
HERNANDEZ: I guess I was (INAUDIBLE)
MALKIN: ... which just got a -- which just got a huge nullification by the 5th circuit court of appeals, grants millions -- millions! -- of not only deportation waivers, but this is the key point now that is becoming the most germane point in this campaign -- work authorization documents that negatively affect millions of American workers, as Sean has said, who are out of work, unemployed and underemployed, and that is the key focus of this campaign!
HANNITY: And well, you can add to that...
HERNANDEZ: Was that a question for me, or was it...
HANNITY: And you can add to that the billions and billions of dollars that been spent on our educational system, our health care system and criminal justice system. People didn't respect our laws and sovereignty, Francisco. Shouldn't that be a prerequisite before ever getting the opportunity...
HERNANDEZ: Mr. Hannity...
HANNITY: ... of staying in the country?
HERNANDEZ: You don't provide the opportunity -- you and I have talked about this. Create the line. Create the application process. It's all about a process.
HANNITY: I asked you a question!
HERNANDEZ: We've talked about it before.
HANNITY: Shouldn't there be a prerequisite that if you want to come to America, you've got to first respect our laws, respect our sovereignty. Shouldn't that be a prerequisite?
HERNANDEZ: I have no problem with that. Yes, sir. Yes, sir. It is. I agree with you. Sign me up.
HANNITY: Sign, all right, so you're...
MALKIN: (INAUDIBLE) slick immigration lawyers! Here's thing, viewers. Slick immigration lawyers always say, Of course we respect the process, when their entirely livelihoods depend on undermining every last letter of the law...
HERNANDEZ: Immigration lawyers work...
MALKIN: ... that protects American workers...
HERNANDEZ: ... within the law.
MALKIN: ... and American citizens!
MALKIN: That's why the "gang of eight" bill was thousands and thousands of pages because immigration lawyers and lobbyists like you are not looking out for the people!
HERNANDEZ: You've been talking to my wife not to let me say anything?
HURT: You know, there is a line and it's outside of the country, and there are a lot of people who were in that line waiting to come in here legally. There are people we want, and they're dying to come to America because it is a nation of laws and...
HANNITY: All right, Francisco, your turn.
HERNANDEZ: Oh, listen, that's it. People are dying to get here. I can't say it any other way. This is the American dream. Ms. Malkin paints it as though it's -- it's the worst life ever, that they're getting abused. Listen, they're all happy. They're working! The unemployment rate among undocumented is incredibly, incredibly low. Plus...
HANNITY: Wait a minute! They're driving down wages and taking jobs that Americans would otherwise have -- 94.5 million Americans out of the labor force!
HERNANDEZ: Well, if the Americans -- if the citizens were going to get up on a roof and pour concrete, I guess they would be out of a job, you're right.
HANNITY: I hate to tell you this -- Francisco, I did that work! I washed dishes. I was a cook.
HANNITY: I was a busboy, waiter, bartender. I painted houses, laid tile, framed houses. I did roofing. I did it all, too, for decades in my life!
HERNANDEZ: You know how you solve it? I got the solution for you.
HANNITY: All right, I got to go...
HURT: Give a private cause of action right for the employee that's denied a job for an undocumented alien to sue the employer for damages.
HANNITY: All right, thank you. Michelle, congratulations on your book. Good to see you both -- all. Thank you.
HERNANDEZ: Thank you, Mr. Hannity.
HANNITY: Coming up -- the racial tension at the University of Missouri is not coming down tonight, and now it's spreading to other college campuses all across the country. That's coming up next.
Later tonight -- FOX News has learned the FBI is expanding their probe of Hillary Clinton's private server scandal. Former New York City mayor and prosecutor Rudy Giuliani will be here in studio to weigh in on the damning new developments, plus 2016 Republican presidential candidate Carly Fiorina, all coming up on this busy news edition.
HANNITY: Welcome back to "Hannity." Racial tensions on the University of Missouri campus continue to spiral out of control. Now, protests this week forced the resignations of key school officials, including the university's president and chancellor. And that's not all. Assistant Professor Melissa Click (ph), who was caught on video during one of the demonstrations requesting, quote, "some muscle" to help remove a student who was recording the protest.
Now, the racial tension is now spreading to other college campuses. Here with reaction tonight, author of the book, "Race Pimping: The Multi- Trillion-Dollar Business of Liberalism," the Black Sphere's Kevin Jackson, Milwaukee County sheriff David Clarke, and trial attorney Eric Guster.
Kevin, I'll start with you. You're there,. You see this. We're getting mixed reports. Apparently, some student on campus threatened black students. That person is being dealt with. That's in the aftermath of all of this. Then there are questions about whether some of the reported incidents are true.
Bring us up to date with what's really happening.
KEVIN JACKSON, THE BLACK SPHERE: Well, first of all, it wasn't a student that threatened the other students. It was a 19-year-old kid who lived in a town about 90 miles away. And using Yick-Yak (ph) or some other social media, they were able to find out about him.
One of the other things that was debunked was the smearing off -- the swastika with feces was an old picture that has been circulating on the Internet for over a year.
Nothing's really changed, Sean. A lot of people at University of Missouri school system are embarrassed by this, including black students. And they find it as nonsensical as probably most of America.
HANNITY: What do you think, Sheriff?
DAVID CLARKE, MILWAUKEE COUNTY SHERIFF: Well, first of all, these aren't protests. This is an insurrection. This is a rebellion. It's pretty obvious to me that not much learning activity goes on in many of these colleges and universities across the United States.
And you know who gets left out of this, Sean, is the taxpayer. These are tax-supported schools. That president that resigned and these professors, hey don't work for the students, they work for taxpayers of Missouri. And the taxpayers ought to stand up and demand that their money stop being spent to fund these laboratories of liberal indoctrination.
No wonder we end up near bottom now in international scholastic competitions. Like I said, learning activity is secondary now on these college campuses. The only discrimination that people should be railing against in these colleges and universities are these programs that discriminate against white and Asian students in favor of less qualified black students for entry into the university.
That's something that has served its usefulness, and that sort of discrimination is what should end.
HANNITY: You know, there's another incident -- the conservative William F. Buckley program -- Eric, if I can ask you -- they had a free speech panel featuring the freedom of individual rights and education, et cetera. And anyway, during the panel, protests began -- Stand with your sisters of color here and now and always. A security guard asked these people to leave. They refused. It was caught on camera.
And according to some of the reports that are out there, several attendees were spat on as they left, and one Buckley fellow said that they were spat on and called racist. Isn't that racism on the other side?
ERIC GUSTER, TRIAL ATTORNEY: Well, let's talk about Missouri.
HANNITY: No, how about we answer my question?
GUSTER: These students have been threatened...
HANNITY: Whoa, whoa! When I want to ask you about Missouri...
GUSTER: These students have been threatened...
HANNITY: Answer my question first! In other words, incidents happen by ignorant people, don't they?
GUSTER: You let -- you let Sheriff Clarke -- you let Sheriff Clarke rail on about some nonsense. I would love to answer...
HANNITY: I would love you to answer my question. In other words, you have ignorant people, but they're the minority. The minority of people in this country are ignorant. The majority are peace-loving people that judge people by their character.
GUSTER: And that's a very interesting point. There is a minority of ignorant people, and those ignorant people make the Missouri students feel threatened. When you're called the "N" word on campus, when you are being attacked, when you are being -- when you have...
HANNITY: OK, does that...
GUSTER: ... a racial slur thrown at you...
HANNITY: Does that also mean Yale...
GUSTER: ... that is problem.
HANNITY: ... when people are spat on and called racists because they're involved in a free speech forum? Does work in reverse?
GUSTER: I don't agree with spitting on someone...
HANNITY: Oh, you don't agree with spitting on someone.
GUSTER: ... if that's their behavior -- no, no, no.
HANNITY: That's really nice of you.
GUSTER: That's totally inappropriate. That is...
HANNITY: It's inappropriate?
GUSTER: ... in appropriate. But when you're -- but back to Missouri, these students...
HANNITY: You want to go back to Missouri, but we have incidents...
HANNITY: Kevin, my point is this...
GUSTER: You let super-conservative people run on, Sean, and you always try to put me in a box on what I want to debunk, just like what Sheriff Clarke...
HANNITY: I'm glad you admit that spitting on somebody is really wrong and you really spoke out in a powerful way there.
But Kevin, my point is this. This is not the majority of people. Are we building a grievance mentality among kids? I lived in Atlanta! I knew Josea Williams! I met Andy Young and interviewed him and Joseph Lowery, Josea Williams. These guys put their lives on the line for real civil rights here! Is this is the equivalent of what they did?
JACKSON: Let me -- let -- no. Look, you're exactly right. Lookit, if these were the people leading the Civil Rights back in the '60s, we'd probably still be on plantations. These are the weakest group of individuals I've ever seen, and they're an embarrassment to blacks.
And what Eric is trying to claim is that this incident even happened! I would be willing to bet you that the incident probably didn't even happen. The kid who's claiming that he's...
JACKSON: The kid who's claiming white privilege -- the kid who's claiming white privilege and went through the hunger strike's father is a wealthy black man, works for the railroad.
Look, America's getting tired of this type of nonsense. There is colleges called historically black colleges and universities that if black kids want to go and get the full black experience, go there. But when you go to an institution that's 77 percent white, and you know it, you're getting what you're getting. And it isn't -- there's no discrimination.
JACKSON: ... diversity program after diversity program!
GUSTER: So you're saying it's OK for black students to be ridiculed, called names...
HANNITY: Nobody said that!
GUSTER: That is the most ridiculous thing ever!
JACKSON: That's absolutely insane. That's absolutely insane that anybody was ridiculed!
HANNITY: Guys, we got to go one at a time. Sheriff -- let's bring Sheriff Clarke back. Sheriff..
GUSTER: Let me answer, Sean! You never give me a chance to reply!
CLARKE: These students are the product of the professors and of the university. They fill their heads with this nonsense, like I said. This cultural isolation is retrogressive. This doesn't help anybody. We've gone from this multi-cultural idea, which I think is problematic anyway, and all of a sudden, we want to isolate people again, create spaces for black people to go and heal.
I mean, this stuff is nonsense.
CLARKE: Let's get back to the topic of academic rigor, study, intellectual conversations going on, and forget all these rebellions and these insurrections. That's all this is.
HANNITY: All right, thank you all for being with us.
GUSTER: Forget students standing up for their rights. That's a shame you actually say that and be a peace officer.
CLARKE: They don't even know what their rights are.
HANNITY: All right, coming up -- thank you all -- 2016 GOP presidential candidate Carly Fiorina is here tonight to weigh in on the immigration battle that is now brewing within the Republican Party, and rising racial tensions on campuses all across the country.
Also later tonight, the FBI has now expanded its investigation into Hillary Clinton's e-mails. Well, could she end up behind bars? Catherine Herridge has a full report. Also get legal reaction from former U.S. attorney and New York City mayor Rudy Giuliani.
HANNITY: Welcome back "Hannity." Immigration and race relations in America are two topics that have been coming up a lot on the campaign trail. Joining us now to explain where she stands on these very (ph) two important issues, 2016 Republican presidential candidate Carly Fiorina. Hi. How are you?
CARLY FIORINA, R-PRESIDENTIAL CANDIDATE: I'm great, Sean. How are you doing?
HANNITY: I'm good. And I was a little disturbed to watch this person in front of Hillary Clinton say that they want to strangle you and she didn't correct them. Watch this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Every time I see her on TV, I want to reach through and strangle her.
UNIDENTIFIED MALE: You know, I know that doesn't sound very nice.
HILLARY CLINTON, D-PRESIDENTIAL CANDIDATE: I wouldn't mess with you!
(END VIDEO CLIP)
HANNITY: Beyond the laugh, which is annoying, do you think she had an obligation to correct him? Because this keeps coming up. Do candidates have an obligation to correct what people are asking at town halls?
FIORINA: Well, there are times when certainly you should. Look, I don't hold this gentleman in any disregard. I understand he is frustrated with me and he doesn't agree with my politics. I don't even hold Hillary Clinton accountable for not saying something.
But it's just an example of the unbelievable double standard, the unbelievable double standard that conservatives are held to versus the one that Mrs. Clinton is held to. I'm less worried about that than I am about the fact that the media actually won't ever ask her why she lied about the terrorist attack in Benghazi.
The point is, the media protects Mrs. Clinton, just as the media protects President Obama. And those of us who are running for office have an obligation to stand up and point this double standard out every time it happens.
The good news is, I think the American people are getting wise to this, and so I'll just point it out every time. That's why I went on "The View" last week to point out to the ladies of "The View," but more importantly to the audience of "The View," that conservatives are held to a different standard and that doesn't help our nation and it does not advance our dialogue.
HANNITY: I thought that was a great appearance, by the way, by you. You're not alone. Obama once told a member of an audience that he was going to send this guy Mr. Bird (ph) just to come and tear me up. So I don't really care. I don't take -- words don't offend me anymore. So they can whatever they want.
Let me ask you about -- there are three big distinctions that appeared during the debate the other night, America's role in the world, the economy, immigration. And I know I've asked you about immigration, but I want you to explain particularly the order in which you would go about things.
FIORINA: First, we must secure the border. As you said earlier in this show, a nation that cannot secure its own border cannot protect its sovereignty. And it's not just that we have illegal immigrants coming across the border. We have drugs. We have potentially terrorists coming across the border.
You know, we lost our younger daughter to the demons of addiction. And I have met so many families in this nation struggling with this epidemic of addiction. And so it matters that we have drug lords camping out permanently on American soil, selling drugs in this nation. We have to secure our borders.
Secondly, we have to fix the legal immigration system which has been broken for 25 years. And here's the thing, Sean. Politicians talk about this all the time. We've talked about it every election cycle, but somehow, we just never fix it. So we hand out Mexican border crossing cards and we never check to see if people go home at the end of the day, and we give people a legal visa, and we never check to see if they go home. We don't have an employer verification system that works.
Listen, this takes leadership and political willpower to quit talking about and get it done. It's what I've done all my life, get things done.
HANNITY: Is it a mistake for Republicans -- if you don't control the border, I think it's a moot point, you know, to talk about the 11 million people...
FIORINA: That's right.
HANNITY: ... because that then becomes 12 million, 13 million and 14 million people. The DEA, according to Judicial Watch, their national drug threat assessment reveals that Mexican cartels are in a class of their own. No other group can challenge them in the near future, making them the largest criminal threat to the U.S.
That's -- I've been in the drug warehouses down in southern California. I've seen from floor to ceiling all drugs that have been confiscated. So my question to you is, is it a mistake for me to ask you what do you do with the 11 million people here when the border is still not secure?
FIORINA: Well, I don't think it's a mistake, but I think the point is that we have to start with the basics. We have to start by securing the border, for all the reasons you just said. We have to start by securing the border. And we have to be realistic and understand that we have talked about this every election for 25 years.
So frankly, Sean, talk is cheap. Now what we need is a leader who will actually go get it done, a leader who has a track record not of talk but of producing results. We have to secure the border. It actually isn't rocket science to do it, but it does take money and manpower and technology.
HANNITY: It can be done.
FIORINA: And by the way, if we don't secure our -- of course, it can. and by the way, if we don't secure our border, guess what else we also do? We corrode people's faith in their own government. And for a citizen government, that's a very dangerous thing. You cannot have three quarters of this nation losing faith in their government, and they are.
HANNITY: Let me ask you about the University of Missouri, race relations in the country. what we see unfolding. What are your thoughts on it all?
FIORINA: First, any time there is racial insult, we ought to step up and talk out about that. But on the other hand, we are not preparing our children for a life in the real world when we so coddle them, when we tell them that anything that might offend their sensibilities is an affront, when we tell them that they're victims all day long. For heaven sakes, when the students at Yale university are told what Halloween costumes to wear, that's not the same thing as the real civil rights movement where people were fighting for the right to vote, the right to show up at a lunch counter, the right to be free from fear of being lynched. We need to give people a sense of perspective. And the only way our young people gain a sense of perspective is to understand our history. We are not helping young people when we protect them from their feelings and protect them from history.
HANNITY: Well said. Carly Fiorina, thanks so much for being with us. We appreciate it.
FIORINA: Thank you, Sean.
HANNITY: And when we come back, FOX News has learned that the FBI has now expanded its probe of Hillary Clinton's e-mails and is now investigating the Democratic frontrunner on possible felony charges. Catherine Herridge is here with a full report and we get legal reaction from former U.S. attorney and New York City mayor Rudy Giuliani.
And then later, Dagen McDowell is back. A special election edition of "Ask Sean." This is going to be a tough one, straight ahead.
HANNITY: Welcome back to "Hannity." Fox News has learned that the FBI is now expanding its probe of Hillary Clinton's private server scandal and is now exploring whether multiple statements Clinton has made is a violation of a federal statute. Standing by in Washington with the very latest, our own Catherine Herridge. Catherine, not a good day if you're Hillary Clinton.
CATHERINE HERRIDGE, FOX NEWS CORRESPONDENT: Sean, good evening. Intelligence sources tell Fox News the FBI has expanded its probe of Hillary Clinton's e-mails with agents exploring whether there are violations of a federal false state statute known 18 USC 1001. That is the same statute that in 2004 got Martha Stewart into trouble with insider trading.
(BEGIN VIDEO CLIP)
JUDGE ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: Martha Stewart was having a conversation with an FBI agent and her lawyer in the FBI agent's office. She was not sworn to tell the truth. She was asked about certain activities and she lied about them. As a result of those lies she was prosecuted and convicted under this very statute.
(END VIDEO CLIP)
HERRIDGE: And 18 USC Section 1001 pertains to materially false statements given either in writing, orally, or through a third party. It does not require the statements are given under oath. It's also worth noting it's not publicly known who may have been interviewed by the FBI at this time. Legal experts say Section 1001 could apply if Clinton, her aides, or attorney were not forthcoming with FBI agents about her personal server as well as the destruction of government records.
Separately, two U.S. government officials said the FBI is doing its own independent classification review of the Clinton e-mails going directly to the agencies involved, effectively cutting out what has become a grinding process at the State Department. A former FBI intelligence officer says it is about the integrity of the evidence.
(BEGIN VIDEO CLIP)
TOM GILL, FORMER FBI AGENT: I would expect that in order to have a substantive, pure investigation, you want to go to the originating source of that information.
(END VIDEO CLIP)
HERRIDGE: FBI director James Comey avoids commenting on any ongoing investigation but recently confirmed that he is getting regular updates emphasizing the bureau's agents are not influenced by politics. There was no response today from the Clinton campaign, and it is also important to emphasize at this point it is unclear from our reporting whose false statements may have been involved, Sean.
HANNITY: All right, Catherine Herridge, thank you.
Here now with reaction, former New York City mayor and former U.S. attorney, Rudy Giuliani. Good to see you, Mr. Mayor. How are you?
RUDY GIULIANI, FORMER NEW YORK CITY MAYOR: Nice to see you, Sean.
HANNITY: A lot of people forget that you went after the mob, put your own life at risk. I remember those days. You have identified what I call the Rudy 15, or 16 now. I think it's gone up. And we'll put it on the screen so our audience can see. You think it goes way beyond what the FBI is doing here. When you hear they're expanding their investigation beyond preliminary fact finding, that's not good for her.
GIULIANI: No, that's not good, and particularly the mention of 18 United States Code Section 1001. That's a big, big general statute. That's the statute Martha Stewart was indicted under. And it makes it a crime to give a false statement not just under oath, but a false statement, for example to an FBI agent or an assistant U.S. attorney.
HANNITY: Denny Hastert recently did that. And he's going to be sentenced. He pled.
GIULIANI: That's a very serious crime. I probably indicted 1,000 people under that statute. That's a very, very general statute. Any false statement, any misleading statement. But there are a couple that are really very, very tight in terms of fitting the facts of her case. There's 18 USC 1924, unauthorized removal and retention of classified information. You're not supposed to take it home with you, much less give it to someone who's going to put it in a garage. That's a crime if it's classified.
It gets even worse -- 18 USC Section 2007 makes it a crime to in any way conceal a government record. And if she wasn't getting approval for this, then she will have violated a very specific statute.
HANNITY: Can you imagine -- I don't know what the FBI has or doesn't have. But if they were able to retrieve the 32,000 e-mails that they deleted --
GIULIANI: And if any of those are government records, not just classified records, but government records, she would have violated 18 USC Section 207 which is concealment, removal, or mutilation of government records.
HANNITY: And wouldn't obstruction come into play?
GIULIANI: Well, then you have the Benghazi investigation going on at that very time. Even if it wasn't going on, if you anticipated it, but it was going on, then if you destroy records with the intent trying to obstruct an investigation, and if any of those records had anything this to do with Benghazi, then would you have obstruction of justice as well as 1001.
HANNITY: And you have an outside change you might have quid pro quo information if there are Clinton Foundation connections.
GIULIANI: The one that really troubles me is the $1.2 million speaking fee to Bill Clinton from UBS when she intervened on UBS's behalf. That's another specific statute that makes it a crime to interfere in an Internal Revenue Service investigation. And her call to the IRS was described as "unusual."
HANNITY: Let me ask this.
GIULIANI: And then Clinton got $1.2 million.
HANNITY: Let's assume that the FBI completes its investigation and they discover that there is enough evidence to indict and they bring this information to the attorney general in the Obama administration, Loretta Lynch. And let's say that we can point and cite example after example of people who were prosecuted, who did go to jail, who did lose --
GIULIANI: There are people that did. General Petraeus.
HANNITY: General Petraeus. And let's say they decide not to prosecute her because of her name or stature. She's running for president. What does that do to our criminal justice system?
GIULIANI: It hurts our criminal justice system. It probably means should a Republican get elected you're going to have that Justice Department put under investigation for obstruction of justice.
HANNITY: Wow. It's that profound.
HANNITY: Another Clinton constitutional crisis.
GIULIANI: No one is above the law.
HANNITY: Supposed to be, right.
GIULIANI: These are serious things. If she didn't do it, then the FBI report would clearly indicate she didn't. If she did, I -- frankly, I know Loretta Lynch. I believe if the FBI recommends prosecution I believe Loretta --
HANNITY: You believe that.
GIULIANI: I believe U.S. attorney -- Attorney General Lynch will indict.
HANNITY: You do?
GIULIANI: Yes. She's a very, very straight woman. Remember I supported her.
HANNITY: I know you did. I was surprised.
GIULIANI: And I did because I saw her go both ways on cases. I saw her be fair in cases where you should prosecute, and I saw her even in a case where she was against us she gave us the opportunity to speak to the attorney general about it, and the attorney general came out our way when Janet Reno was attorney general. Not many U.S. attorneys do that. This is a very fair woman. So I have a lot of confidence in her.
HANNITY: Wow. Very interesting, Mr. Mayor. Thank you.
GIULIANI: Thank you.
HANNITY: Good to see you.
Coming up, you've been sending in your questions all day on Facebook and Twitter. Yes, it is back. Dagen McDowell, a special 2016 election edition of ask me, "Ask Sean," straight ahead.
HANNITY: Welcome back to "Hannity." It is now your turn to get in on the action and ask me a few questions. Back with us for a special 2016 election edition of "Ask Sean," from the Fox Business Network Dagen McDowell who loves beating me up. You love embarrassing me.
DAGEN MCDOWELL, FOX BUSINESS NETWORK: Yes. I was in the penalty box for how long, but now I'm back.
HANNITY: We were busy with interviews with candidates.
MCDOWELL: Yes, yes, yes. I'm back now. You ready to do this?
HANNITY: Yes. There's always sneak questions. I don't know what they are ahead of time.
MCDOWELL: No, this is all serious. We had a big debate this week, Fox Business Network. Find it if you don't have it. Let's get into this. This is Twitter/Facebook.
HANNITY: OK, but I want your questions, too.
MCDOWELL: OK. Hold your horses. Let's get to the viewers first. David Davis on Twitter asks "What do you think this election cycle would be like without Donald Trump ever mentioning his candidacy?"
HANNITY: Dull, boring, the same. He has added life and energy, an infusion of energy that I think has benefited every other candidate in this race, especially Republicans.
MCDOWELL: What about on politics? This is my question. What about on policy, though, because his immigration stance is very clear and very tough and hardnosed. And everybody's kind of revolving around his --
HANNITY: I think a lot of people that didn't respect American law and sovereignty should go back. But the first thing we've got to do, if you have a boat and your boat is taking on water, what is the first thing you do? Plug up the hole. After you plug up the hole -- let's build a fence. Let's secure the border and stop the people illegally coming into this country. I was watching Nat Geo last night, and these drug cartels from Mexico are dominating. They're targeting wealthy neighborhoods in America with heroin, cocaine. And people are dying and it's happening.
MCDOWELL: So who do you like?
HANNITY: I've been avoiding this. The reason I don't select until later in the process, there is a real reason. I've now been in the media, since 1987. I started in radio.
MCDOWELL: I didn't know that. I never heard that before.
HANNITY: Gee, thanks a lot, Dagen. And the reason I wait is because people are going to stumble even from here on in, and they're going to fall, and some will get back up and dust themselves off and they'll be stronger, and others won't be able to come back. I have narrowed in my head right now today, there are three people I like.
MCDOWELL: Are you going to tell us who they are?
MCDOWELL: Why? OK. You get three people --
HANNITY: I'm a conservative. You can figure it out, probably.
MCDOWELL: Let me ask you about one of those. And I think it might be the three. But Michael Campbell asks on Twitter, should Marco Rubio be categorized as truly a conservative candidate or more of an establishment candidate?
It's interesting because he was elected as a Tea Party candidate in 2010 and he was going up against an establishment guy by the name of Charlie Crist. If you watch him in the debates, he is bright, he is smart, he is articulate, he is a fresh face for conservatism. And because I have so many conservative friends, some cannot get over the issue of immigration with him. And having asked him I would probably say 40-50 times about this specific issue, he says he was wrong. He said he was sorry. He said he made a mistake, and he said it would not be his bill and he wouldn't do it that way.
MCDOWELL: Is he establishment or conservative?
HANNITY: I think he is genuinely a conservative that made a big mistake on immigration issue.
MCDOWELL: This is, I want to get video sent in. And I'll let them wrap it up. Let me ask you this quickly. What issue matters most to you in this election cycle? This is from Matt on Facebook. Issue, one issue.
HANNITY: I can't name just one.
MCDOWELL: You have to. He said issue, no "s," no plural.
HANNITY: I'm adding the "s." I'm allowed to.
MCDOWELL: No, no, no. You have to pick one because we've got a video to get to.
HANNITY: OK, real quick, the economy, 50 million Americans in poverty, 94.5 million Americans out of the labor force, 46 million Americans on food stamps. We've got to fix this, our national debt. Secondly, we better start taking ISIS seriously. They're here, and this war is being engaged and they want a worldwide caliphate. Third, immigration. Those three big issues.
MCDOWELL: Let's get to this video from Twitter.
HANNITY: Oh, boy.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Hey, Sean, we're students in a federal government class in Seminole State College.
UNIDENTIFIED FEMALE: And we have a question for you. Should someone's education or experience have an impact on the minimum wage?
(END VIDEO CLIP)
HANNITY: Congratulations to the Seminole State students. Thank you for sending that.
I don't believe in minimum wage. And I'll tell you why. You have a minimum wage -- one of the things that kept me in trouble -- out of trouble. I was in trouble a lot. I was sort of incorrigible as I've explained to you in the past.
MCDOWELL: Really? I haven't heard those.
HANNITY: If I wasn't working, I would have all that time -- I worked all the time and that kept me away from my dopey friends and all the trouble that I was getting in in the free time that I had left.
MCDOWELL: Wait, so we have a minimum wage. Answer their question.
HANNITY: I don't believe in minimum wage. I think the experience that somebody gets working a job is invaluable. You learn to deal with people in a work environment. That experience will be able to be transferred to other aspects of your life. It is so important that you get along with people and deal with people. I'm against the minimum wage.
MCDOWELL: So you would repeal it if you're running for president?
HANNITY: Listen, we have to aspire to something beyond the minimum wage. Developing marketable skills and education and producing things that people want, need, and desire, goods and services. That simple.
MCDOWELL: You sound like you're running.
HANNITY: What do you mean I sound like I'm running?
MCDOWELL: We'll save that question for another time
HANNITY: I'm not running.
MCDOWELL: I think I'm invited back in 2018 in the midterm.
HANNITY: Wow. Good so see you.
MCDOWELL: I love you.
HANNITY: I do this, my daughter looks at me like that.
All right, coming up, our "Question of the Day" is next.
HANNITY: Welcome back to "Hannity." Time for our "Question of the Day." So what do you think of Donald Trump's deportation plan? You can tell us. Go to Facebook.com/SeanHannity, @SeanHannity on Twitter, let us know what you think.
That is all the time we have left this evening. We hope you will set your DVR so you never miss an episode. We take attendance and it's hurts our feelings if you're not here. Anyway, thanks for being with us. See you back here tomorrow night.
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