Will big crowds in Iowa transfer into votes?
A breakdown of the latest polls on caucus eve on 'Hannity'
This is a rush transcript from "Hannity," January 31, 2016. This copy may not be in its final form and may be updated.
SEAN HANNITY, HOST: Welcome to "Hannity." And tonight, the Iowa caucuses are less than 24-hours away and the final poll out before the caucuses' voters pick their candidate. Shows it is going to be a tight race from both political parties.
On the Republican side, Donald Trump is out in front with 28 percent but Ted Cruz is close behind with 23 percent, Marco Rubio in third with 15 percent. Now, they are followed by Dr. Ben Carson, Rand Paul and Chris Christie. As to the Democrats, Hillary Clinton leads (ph) Bernie Sanders within a margin of error 45 to 42 percent. And as I said, that lead is within that margin.
So, here with reaction tonight from the Weekly Standard, Fox News contributor, Steve Hayes, the Editor-in-Chief of lifezette.com, Laura Ingraham, and from the Daily Caller Fox News contributor, Tucker Carlson. Welcome, happy Sunday to all of you.
Laura, I'll start with you. Here's the issue in my mind. All right, they were the most accurate poll 2012. In 2000, 2004, 2012, the polls have been really bad. Now you have Trump up 5 in this poll. RealClearPolitics average has him up 6. Hillary is up three. RealClearPolitics average up three. Do you think these holds -- do you believe these polls?
LAURA INGRAHAM, EDITOT-IN-CHIEF OF LIFEZETTE.COM: I mean, I feel like I have a gun on my head right now and say Trump is going to win Iowa. By mean -- but do I have any specific information indicate that? No. But I will say when you look at the polls that Des Moines register and, of course, the new poll that came out today, Franklin Pierce in New Hampshire, there does seem to be some type of momentum for Trump.
Now, Cruz, you know, was ahead for a long time, Sean and I think he did build up an expectation and he was going to win Iowa. It's still could go either way. I think it's still going to be very close. But say a Marco Rubio has the lot of ground to make up. He's at 15 percent. Maybe he'll do a little better than that but it's still a Trump, Cruz outsider versus establishment narrative in this race and I don't see that major narrative changing at all.
HANNITY: Yeah. And really, we're talking about two in searching candidates. Tucker, you've got nine percent uncommitted and you got 30 percent saying that they can be persuaded to change their vote.
TUCKER CARLSON, DAILY CALLER FOX NEWS CONTRIBUTOR: That's right.
HANNITY: Big impact? Little impact?
CARLSON: Well, potentially you've seen it in the years past, unlike a conventional election of caucus contains a portion where people's neighbors make the pitch to them on behalf of candidates and we've seen as we did last cycle where Rick Santorum came from third to first. People change their minds. I think what we can't offer emphasis enough is that we could see both parties change dramatically for generations based on the results of Monday's vote. I mean Bernie Sanders and Donald Trump are both not just making case about themselves but making really detailed and impassionate critiques of their own parties in how those parties need to change. I think we're really seeing a realignment and who's parameters are unclear at this point, but it's big.
HANNITY: Yeah.
CARLSON: I just think you need to keep that in mind.
HANNITY: I think that's a great point. And Steve, I would say, another point to that is, you know, Bernie Sanders, Donald Trump by far had the biggest crowds whether may be a factor according to some reports. Here's the question, though, do crowds turn into votes? I would guess they probably do because people are out in the cold whether for long periods of time for both candidates, right?
STEVE HAYES, FOX NEWS CONTRIBUTOR: Yeah. I mean, look, in many respects that is the key question to determine the results tomorrow night. I tend to agree with you. I think that they likely will. I think, you know, as we have talked about before, you have people waiting in line for two hours to go hear at Donald Trump's speech. Some of that may be curiosity but there's no question that he has an intensity of support that is unmatched by the other candidates that he's facing off.
I think the same thing is true with Bernie Sanders, maybe even more true with Bernie Sanders where Democrats or Hillary Clinton supporters, many of them, almost feel an obligation to vote for Hillary Clinton. They are voting for her for reasons other than policy, other than what is being debated on a substantive level and Bernie Sanders is making a case that's obviously had quite a bit of appeal to Democrats in Iowa and nationally, his Democratic socialist case (ph).
HANNITY: Yeah. Laura, let me ask this because I think you've been very fair to Donald Trump then Ted Cruz as I think I have been on this program. If Trump wins and Cruz is not pull it out in Iowa and people thought, going in, he'd have an advantage, he's got tinkle leaves (ph) in New Hampshire and South Carolina, does he then run the table? Is that risk if Cruz doesn't win Iowa?
INGRAHAM: Well, Cruz, himself, said that in that speech he gave a few days back and it's hard to see that Cruz could stop him if Trump wins big in Iowa. I mean bigger than a couple of points. I think it's just going to be hard. I think the idea, though, that the Establishment candidate, if its Rubio start -- and people start coalescing behind Rubio. The idea that the establishment candidates are just going to, like, pick up their marbles and go home, I don't see that at all.
I think Tucker is exactly right. This is a battle for the future and the soul of the Republican Party. I think that the people who were showing up at that Trump and Cruz rally, I think they literally believe this might be the last chance to save America. That's how serious they are about this. And I think they are going to show up and vote and I think they're going to vote and they're going to (ph) say, "How dare you question that whether we are going to show up and vote." I think they're mad but they are devoted. I think devoted to trying to save the country. That's how they see it.
HANNITY: Yeah, I'm going to be honest, because you talk to them on your radio show every day, I'm talking to them on my show every day.
INGRAHAM: Yeah.
HANNITY: I don't even necessarily believe it's anger as much as righteous indignation .
INGRAHAM: Determination.
HANNITY: . and Tucker this is where -- and determination and Tucker, this is, I think -- it's kind of amazing to me that the Establishment people in Washington don't understand that they've created this insurgency here. Whether people are supporting Trump or Cruz, both are insurging (ph) candidates and both are hated by the establishment and the elites in Washington. They don't seem to get it.
CARLSON: Well, of course not. These candidates are a reaction to their incompetence and deceit. That's how lot of their voters go. I just came from a Trump rally about 20 minutes ago and I was amazed by the pitch he was making which I hadn't seen before. He was not just based on, you know, I'm going to bring, you know, America back, to where it ought to be. He was making the case that only he can win that all the other candidates are basically rerunning a Romney campaign. They can enlarge the pie and he can. He was saying this tonight and then who knows if it's true. I am the only one with a shot to take New York because I can bring a ton of Democrats over to my campaign and the crowd went crazy on that. I'm not endorsing that theory but -- I hadn't seen him say that before and I think it's kind of a compelling one argument.
HANNITY: You know what, thought? It actually does make a lot of sense, doesn't it? I mean, Steve Hayes, I know you're not been the biggest Trump supporter but I can see a state like New York, Pennsylvania, maybe Michigan in play. Why not?
HAYES: Well, it's possible, right? At the beginning of this campaign, Donald Trump had terrible favorables (ph), unfavorables (ph) among Republicans .
HANNITY: Still was.
HAYES: . and he has found a way to reverse those. They're better now, though. He's still -- in Iowa, it's 50 percent favorable, 47 percent unfavorable. The problem, I think is there was a Washington Post poll or out earlier this week that asked people if they have anxiety about a Donald Trump presidency and you had more that 50 percent say that they would be very anxious about a Donald Trump presidency and another 25 or so ballpark say that they'll be somewhat anxious. I could seal (ph) on nothing.
HANNITY: I have a panic attack at the thought of Hillary so I understand and I can relate to that.
INGRAHAM: Yeah, well we're all there.
HANNITY: And 52 percent actually -- 52 percent in the Gallup poll have an unfavorable view of Hillary, so she's got her own big problems there. I don't even talking about legal. Laura?
HAYES: Yeah, she does.
INGRAHAM: Yeah.
HAYES: No, I think that's right. And I think that would be the argument that you hear from Trump supporters. But let's be clear, he would have a ton of work to do to turn those around if he we're going to broaden his appeal and expand the party. I'm skeptical he can do it. Others aren't.
INGRAHAM: I think it's an uphill battle, yeah, for Republicans to be more popular among traditionally on non-Republican voter. However, I've been arguing this for many years, Sean. I know you have as well.
On two issues, there are amazing opportunities with independent voters and Democrat voters, immigration and trade. Doesn't mean you don't trade, doesn't mean you don't like immigrants but it means those two policies have to work for the average working person. If we can lift the middle class up and say, "Look, we're going to focus on your renewal. We're not going to give anything but we're going to give you a fair shake getting a job in this country. If people actually feel like the Republican Party is devoted to those people again instead of just people who have done really well, then, I think that you can make a lot of progress, maybe 10 point progress to those group.
HANNITY: Final question. We'll go down the line. Tucker we'll start with you, who is going to win Iowa tomorrow night, both sides?
CARLSON: I literally have no idea so I'm just going to go what the polls have, outside the margin of error Trump leading by five in the latest one there is in poll so I'm going to go with but I could easily be wrong, of course.
HANNITY: What about the Democratic side?
CARLSON: Oh, Bernie Sanders. Bernie Sanders is going to win tomorrow. And the Hillary people are more panicked than you even can -- this place is crawling with lobbyists and lawyers from Washington who've been brought in by Hillary. They realized it's a big deal if she loses. They're very worried.
HANNITY: Laura?
INGRAHAM: I say Trump, Sanders and lawyers and lobbyists all over Washington, D.C. and the establishment is basically going to be in a major case to the vapors (ph) until we get New Hampshire and they're going to try it up one more Hail Mary pass. They're going through the chain .
HANNITY: I don't think I've heard that .
INGRAHAM: . otherwise, stop me, Sean. I don't see a change.
HANNITY: I don't think I've heard the vapors in a long time.
INGRAHAM: Right, well that out of my hat.
HANNITY: I don't think I've heard you guys all about the Vegas. All right. Good job. Steve Hayes, your predictions for tomorrow.
HAYES: Yeah, well, I hate to make it three for three but 11 of the last 12 public polls taken of Iowa voters Iowa Republicans had Donald trump ahead and in some cases ahead by as many as 11 points. I expect that he will. I expect a lot of those voters will show up and maybe close but I think Trump is the likely one on the Republican side. And I agree with Laura and Tucker voters. Iowa Republicans had Donald Trump ahead. And in some cases ahead by as 11 points, I expect he will. I expect a lot of those voters will show up.
And maybe close but I think Trump is the likely winner on the Republican side and I agree with Laura and Tucker. I think if you look at the enthusiasm, you look at the people who are devoted and are -- is almost certain to show up, I think that is what we'll give Bernie Sanders a win tomorrow night over Hillary Clinton.
HANNITY: There was one interesting part of the Des Moines register poll if first time caucus voters show up for Trump, he would win by 16. So it's going to be interesting to see if they actually show up a crowds becomes votes. So guys, good to see you. All thanks you for being with us.
CARLSON: Thank you Sean.
HANNITY: And coming up next tonight, right here on "Hannity."
(BEGIN VIDEO CLIP)
DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: This is a nasty guy. Nobody likes him and you're not -- that can't run a country that way. It will be -- it will be a total mess. It will be worse great blocks than you have right now.
SEN. TED CRUZ, R-TEXAS, PRESIDENTIAL CANDIDATE: Well I think the people of Iowa deserve more than -- the American people deserve more, than a battle of petty insults and so I don't intent to play that game.
(END VIDEO CLIP)
HANNITY: Donald Trump that said on the Ted Cruz they are in a nasty war of words with just one way and say it to go until the Iowa caucuses. The five co-host, Kimberly Guilfoyle, Eric Bolling, Juan William, they're here and next, they have reaction. And then, Hillary Clinton is still in damage control mode after the state department announced on Friday, it would not release 22 of her e-mails because they were deemed to be too top secret.
Jay Sekulow, Monica Crowley will explain how much legal trouble she is really in. All that and more on the Sunday edition of "Hannity."
(COMMERCIAL BREAK)
KELLY WRIGHT, CO-ANCHOR, "AMERICA'S NEWS HQ": Live, from Americas News Headquarters. I'm Kelly Wright in Washington, here is what's happening. ISIS is taking credit for three bombings near Syria's Capitol today, killing at least 45 people. Their attackers detonated a car bomb in the Shiite suburb of Damascus and then set off more explosions when rescued personnel fled at the area. The bombing is over shadowed a shaky start to peace talks in Geneva. Secretary State, John Kerry is urging all sides to take advantage of the U.N. sponsored talks.
And meantime in Nigeria, residents of a small village in the country's Northwest are cleaning up following an attack by Boko Haram terrorist. Dozens of people were killed during the four hour attack including a number of children, the terrorists launching attacks on the village and two nearby refugee camps, 20,000 Nigerians have been killed during the 6 year fight against Boko Haram.
I am Kelly Wright, now back to "Hannity."
HANNITY: Welcome back to "Hannity." Donald Trump and Senator Ted Cruz are neck and neck in the polls in Iowa and today at the Republican rivals held nothing back. Let's take a look.
(BEGIN VIDEO CLIP)
TRUMP: Here's a guy with all of these senators. Not one endorsement of Cruz, because he's a nasty guy. Nobody likes him. And you can't run a country that way. It will be a total mess. It will be worse gridlock than you have right now.
CRUZ: But I think the people of Iowa deserve more than -- the American people deserve more than just a battle of petty insults. And so don't intend to play that game.
TRUMP: But I think much more important is the whole fact that he was born in Canada, and he was a citizen of Canada until 15 months ago.
CRUZ: He called me a Canadian anchor baby. And you know what? That's fine. He's entitled to do that. There's a reason he's engaging in personal insults.
TRUMP: These favorable deals from banks on Wall Street and he never put it down on his financial disclosure funds. I mean look, Ted is a liar. This is why nobody likes him.
CRUZ: Someone who owes hundreds of millions of dollars if not billions of dollars to attack Heidi and me because we put our life savings into running for senate. And a statement that the loans weren't disclose? He knows is flat out false.
(END VIDEO CLIP)
HANNITY: And to joining us now are our the three co-host of hit show, "The Five", Juan Williams, Kimberly Guilfoyle and Eric Bolling. All right, Kimberly, I know that a lot of people get -- I know a lot of people get upset over this but the reality is this is not hardball (ph). This is a lot at stake. The most important job in the world and this happens every election. People seem to forget.
KIMBERLY GUILFOYLE, "THE FIVE" CO-HOST: Oh, absolutely. There is a tremendous amount at stake. Basically were in a fight to get this country back and so many ways and national security and foreign policy. The stakes are high and each of these candidates is playing to win and they should, because Iowa matters a great deal.
We're going to find out tomorrow night a very good likelihood of who the Republican nominee could be. And right now they're battling it out. Don't (ph) count Rubio out. You've got Trump and Cruz going neck and neck. And that's how it should be. You should fight to earn the votes.
HANNITY: Yes, well said, Eric Bolling. When you really think about a 1500 candidate rallies over 16,000 television ads and now it's coming down to the final hours. And these guys are now, this is real -- the real deal and they are fighting for it and at this point the gloves are off. To be expected.
ERIC BOLLING, "THE FIVE" CO-HOST: Yes, the gloves are off -- if the gloves are off and the poll show that it really could be any one. Look, I mean t in the camp that says it look like Trump, they want. They 're going to get their Trump. They're going to get there number one. And Cruz and Rubio are going at each other really hard here, Sean, you may -- so now I'd say, "Who's going to take that next and second place? Is it going to be Cruz, Trump, Cruz, Rubio or Trump, Rubio, Cruz, fighting to the end and they need it. There's a 30 minute Rubio ad where he talks about his faith for 30 minutes that is running locally in Iowa. And I think really, really smart politicking.
HANNITY: And by the way Juan, your beloved Democrats, they don't exactly move from this either. I mean, Bernie Sanders and Hillary, they're playing hardball, too.
JUAN WILLIAM, "THE FIVE" CO-HOST: No question about it. I'm on the play hardball, right here, right now with you.
HANNITY: No, here we go. Here we go.
(CROSSTALK)
WILLIAM: . anchor baby Hannity. Yeah, you're on along Iowa and anchor baby and you know it. If what I speak God (ph), I mean .
BOLLING: Wow. Wow.
GUILFOYLE: Yeah.
WILLAIM: . the idea that right now, Cruz feels confident is the talk of the day. That Cruz feels like, you know what, he's got the ground. And he's got the people in place. And he expects to win. I am surprised of this because I think polls indicate he had been slipping over the last few days.
And the question is, does Trump have the ground game to back up the poll numbers. And but remember, as Eric was saying, Cruz is getting hit not just by Trump but also by Rubio. So you got to squeeze on Cruz and I think it's going to be really a tactful (ph) thing.
HANNITY: I asked you about Hillary. You attack me worse than these candidates are attacking each other. And the fact is Hillary is going to lose New Hampshire. If she loses Iowa and New Hampshire and you've got an FBI address that.
(CROSSTALK)
BOLLING: Let me jump in Sean. I do a lot of running around here. There's been a lot of time.
HANNITY: I saw you .
BOLLING: I've never see a grass roots organization like Bernie Sanders has, at least in this area. Everyone has Bernie Sanders signs. We saw young people walking into restaurants retail stores saying can we put Bernie Sanders sign in your window? They're everywhere. Bernie Sanders is getting in a -- and he's getting done here.
(CROSSTALK)
GUILFOYLE: . and enthusiastic and that's what you have to do. So Hillary better be prepared for a big upset because Bernie really has the momentum and then when you think about at the President in the United States took an hour to meet with Bernie Sanders right before the key crucial time in the Iowa caucus where Hillary is struggling and could get an upset. I think that tells you a lot about the White House trying to heads (ph) there bet and cover.
WILLIAMS: Well, I think there's no question about the energy for Bernie right now but the thing is I went to an event the other day for Hillary and you could see the union that the Democratic Party support. She has that structure in place. The question is do you get a surge in turn up from the young people that Kimberly and Eric are talking about or that's the .
HANNITY: But here's the real question.
BOLLING: . Democratic establishment carry today.
HANNITY: All right, but Kimberly let me go back to you on this, because, all right.
GUILFOYLE: Yeah.
HANNITY: Hillary is plus 3 right now on Iowa. She is down double digits in New Hampshire. I guess South Carolina as the firewall, now we got a really important issue about Hillary Clinton and her possibly being indicted (ph). You're a lawyer, with that background .
GUILFOYLE: Yeah.
HANNITY: . you think she committed felonies?.
GUILFOYLE: Listen, I think there's a real likelihood that she in fact could be indicted. I think a very strong likelihood that the FBI will recommend an indictment to go forward a minute. It's going to be up to the justice department to make that call.
But, the news for Hillary just even in the last 72-hours has been very damaging. And the damage can try to spin it all they want but she should have some serious concerns about the legality of what she did.
Now, in true Clinton style perhaps, they'll try to throw somebody else under the bus to take the fall for it. That's the possibility as well. But, voters have to make some serious value choices here and today, I want to put all their chips in on a candidate that could indicted.
HANNITY: All right, lightning round, I'll ask all three of you. Eric, we'll start with you. Who wins Democrat, Republican? And third question, does Hillary get an indictment?
BOLLING: You're talking about who wins the (INAUDIBLE) .
HANNITY: Who wins the Iowa .
BOLLING: .. just Iowa?
HANNITY: No, just Iowa.
BOLLING: Just Iowa, I honestly they -- I think it's going to be Trump, Cruz but Rubio be very, very close on the republican side. And then, I honestly think Bernie Sanders is going to pull out Iowa here.
And by the way, Bernie Sanders nomination will be great for the GOP.
HANNITY: Yup. KG?
GUIFOYLE: I think Donald Trump takes Iowa. Yeah, Donald Trump I think takes Iowa and I think it could be devastating to Ted Cruz's campaign going forward than the one to watch that can over perform and he's accept the bar a little bit low which was mark as Marco Rubio.
And he looks good going forward from here. So, I think he's one to watch. But, if you listen to the analysts going forward, they're talking about Trump taking it. And you mentioned about Hillary, that's 3 percent, that's not -- that's between the statistical margin at there .
HANNITY: In the margin of error, yeah.
GUIFOYLE: . which means Bernie could take it.
HANNITY: What do you think Juan?
WILLIAMS: Well, I got to -- I mean, I look at the polls is, you know, until that Trump is just consistently there. The question is to whether there's supposedly a storm on the way .
HANNITY: It's all turned out.
WILLIAMS: .that his supporters come out or does Cruz in fact, you know, who has people on the ground and got them up in dormitories that he carry to that. I think it's one of those two -- on the Democratic side, Hillary Clinton probably wins. I mean, there's a possibility we see something unprecedented. But right now, Sean, there's the expectation among the political strategist have been turn up between 150, 180,000 and with the weather you got to push that down to more than 150.
HANNITY: All right, let me ask, I got to go.
WILLIAMS: I think, again, it's Clinton.
HANNITY: Last question, yes or no. Hillary indicted? Eric?
BOLLING: No. Because it's a DOJ and Barack Obama won't let that happen?
HANNITY: Kimberly?
GUIFOYLE: Yeah, under Barack Obama, no, but wait to who gets them in 2016.
(CROSSTALK)
HANNITY: Really good point. I'm not even asked Juan. I know the answer from Juan so, the answer is no on his side. So, all right guys, thank you very much.
WILLIAMS: I am trying to get an indictment on this Long Island (ph) anchor baby.
GUIFOYLE: Oh, stop.
WILLIAMS: That's what I want.
HANNITY: You know, I love the personal attacks. I'm not even running against you. I don't get it but.
WILLIAMS: Let me tell you wait until you see the ads I've got schedule for tomorrow night.
HANNITY: Good grief, all right.
GUIFOYLE: Please, don't look in so on (ph). That is Mike.
HANNITY: I am not listening to him. All right guys, thank you very much. And coming up, tonight, right here on "Hannity."
(BEGIN VIDEO CLIP)
PETER BECKER, "THE NEW YORK TIMES": Her problem at this point is not the Republicans. Her problem is the FBI and the Obama Justice Department.
(END VIDEO CLIP)
HANNITY: As we've been talking about things continue to get worse for Hillary Clinton after it's revealed that she had top secret information on her private e-mail server, that's next. Plus tonight.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: She is disqualified for being president of the United States. She exposed sensitive and classified information to foreign intelligence agency. He can see things is above the law.
UNIDENTIFIED MALE: Just some Franklin clobber (ph) gas that we ever -- that she ever got herself in this position and to serious matter.
(END VIDEO CLIP)
HANNITY: Clinton's Republican rivals are on the attack. Peter Johnson Jr. and Doug Schoen will weigh in later, all of that and more on the special edition of "Hannity."
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BECKER: Her problem at this point is not the republicans. Her problem is the FBI and the Obama Justice Department. And what Democrats are quietly absolutely petrified about is that it come summer, you know, you find an indictment of people around her, of her, or a request for a special prosecutor, something that just basically turns this into a complete disaster for the Democrats in which is too late to change horse.
(END VIDEO CLIP)
HANNITY: All right, that was Peter Becker from The New York Times outlining a very grim reality for Hillary Clinton and the Democrats.
Now, this after the State Department announced on Friday that 22 of Clinton's e-mails will not be released because they were deemed to be top secret.
Joining us now with more, Fox New Contributor, Washington Times Columnist Monica Crowley and the author of "Undemocratic" the expanded paperback version comes out on Tuesday from the American Center for Law and Justice, Jay Sekulow.
All right, both of you guys have been on the story in a really big way. We have follow this in a big way right here on this program. Remember, on Friday, Darrell Issa former House Oversight Committee Chairman. The FBI would like to indict Hillary and Huma Abedin.
OK, if that's true Jay Sekulow, and they recommend if Comey and the FBI recommend that they move forward with indictment and they don't, that's an even bigger problem than if she isn't indicted, isn't it?
JAY SEKULOW, AMERICAN CENTER OF LAW AND JUSTICE: Well, sure because you have the director of the FBI, who at that point his agents and when I was a government lawyer this is what happen, Sean.
The agents put together a case. There is developed what's called the criminal reference letter that is reviewed by the director. The director would then make the case to the attorney general that a grand jury should be empanelled here or indictments should issue and if they been -- the attorney general were to just blow that off or dismiss it when you got the FBI director -- if in fact he were to make that recommendation and he -- she just says, no, or it comes down from the president we're not going to go there.
I think you run the risk. The president runs the risk of a legacy issue and that is, you have serious senior career FBI agents, lawyers walking out.
I mean, that I think they would be .
HANNITY: Yeah.
SEKULOW: . the reaction would be strong. If a criminal case and of National Security interests reach the level of the FBI director and that's a course, you know, assuming this comes into play that the FBI director makes the recommendation for a criminal prosecution and the attorney generally says, no, big problems.
HANNITY: You know, and by the way, he is proven in the past that that is an option that's available to him and he almost did it when George W. Bush was president, right?
Monica, let me throw it to you. OK, so we have the inspector general and the intelligence community says dozens of e-mail are beyond top secret classification, special access programs, SAP and now we've this new report, 22 e-mails. They cannot even release them because of the highly sensitive nature of the intelligence.
Now, that is contrary to everything Hillary has told us and by the way, in each individual case I would image a felony. How bad is this for her?
MONICA CROWLEY, FOX NEWS CONTRIBUTOR: Yeah, well, this is a gathering storm of her own making. Sean, look, let's remember two things. First of all, as far as we know the FBI investigation is proceeding along two tracks.
You have the possible miss handling of classified top secret material. You also have a public corruption track which involves whether or not she and perhaps her husband used her work at the State Department co-mingled that to benefit either them personally and/or the Clinton Foundation.
Also remember another important thing. All of these e-mails about which we are hearing, all of the problematic ones, the top secret documents, highly sensitive, highly classified, those came from the e-mails that she turns over to the State Department.
We have not heard yet what's in the 30,000 or so that she deleted that the FBI is now recovering.
HANNITY: But, we don't even know if they get (ph) them.
CROWLEY: Consumably, those are the most damaging e-mails.
UNIDENTIFIED MALE: Yeah.
UNIDENTIFIED MALE: Right.
CROWLEY: Yes, Catherine Herridge actually a few a days ago, Sean, Catherine Herridge reported on this network .
HANNITY: They got what?
CROWLEY: . the FBI was to able to recover those e-mails. Presumably, they are the most damaging -- we have no idea what's in those.
HANNITY: All right. Now, let's go to the president's involvement here because I would assume he's going to have a lot of influence over Loretta Lynch and whatever decision she ultimately makes. And they politicize this I think this becomes almost water gate too. But you know, the president's said last March he didn't now about that Hillary Clinton secret e-mail. He learned about it on the news just like the rest of us. Here's what he said.
(BEGIN VIDEO CLIP)
BILL PLANTE: When did you fist learn that Hillary Clinton use an e-mail system outside the U.S. government for official business while she was the secretary of state?
PRESIDENT BARACK OBAMA: The same time everybody else learned it through news reports.
(END VIDEO CLIP)
HANNITY: Jay, that's not true because he was e-mailing her .
SEKULOW: Right.
HANNITY: . on that private e-mail, 18 times.
SEKULOW: Yeah 18 times so. Yeah, 18 times so .
HANNITY: Does he have been planning to do.
SEKULOW: Yes, so, here it's sure. But here's what's going to happen. I mean, this is the reality of the law versus the politics. Under equal justice under the law, if anybody else was investigated for this and if the evidence layings (ph)--lays (ph) up like we think it's going to, there would be an indictment and the president won't be intervening. But this is the presumptive frontrunner of the Democratic Party during a general election.
If she becomes -- Doug Schoen mentioned this the other day. If she loses, say Iowa and New Hampshire and looked politically invulnerable, that political protection may evaporate. That's not the way it should be by the way. It should be equal justice under the law and if there's a case to be made and there's a criminal case, it should be prosecuted.
So part of this is, is the president willing to -- two risks here, number one, is he willing to tell his FBI director if in fact James Comey makes the recommendation to Loretta Lynch for prosecution. Is he willing to tell somewhat of James Comey's talk to her, you said John has stood up to this own administration before when he was appointed by Republican so you said, no. On situations, is she willing -- the president willing to back the FBI director or is he willing to tell the attorney general in United Sates go where the evidence leads.
HANNITY: Amazing.
SEKULOW: And that becomes a legacy issue for the president.
HANNITY: I don't .
SEKULOW: Shouldn't be the factor but that is going to be no doubt. What's playing right now and believe me as this get -- they are worried about it, got 1600 Pennsylvania Avenue.
CROWLEY: Hey Sean. Sean, can I just have one thing.
HANNITY: All right, I told, yeah and -- yeah, Monica, go ahead. Last word..
CROWLEY: Yeah. I just want to add one thing. I have always thought not to express this that I think that what we have been watching here is a very bloody but unspoken negotiation between Barack Obama and Hillary Clinton. I do not think that Hillary Clinton is Barack Obama's first choice to be the Democratic nominee. I think he would rather eat his own need than turn the Democratic Party back over to the Clinton's. But the question is, what do the Clinton's have? What cards do they have to play against Barack Obama?
HANNITY: Its any.
CROWLEY: Its fantastic president knew she have this private e-mail, you know, that could be a card. Perhaps Benghazi, perhaps the IRS scandal .
HANNITY: Wow.
CROWLEY: . fast and furious. We don't know what card she is playing against him so we don't know what ultimately be the end game is going to be. And as soon as that it leaves the hands of the FBI whether or not there is a criminal referral then it becomes a political matter and that's when all of these questions that I just raised come in to play.
SEKULOW: Well said. Yup.
HANNITY: Yeah and the president was caught lying on that tape. Great points by both of you, great to see you both, thank you.
CROWLEY: Thanks Sean.
HANNITY: And coming up next, tonight, right here on "Hannity."
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: She is disqualified from being president of United States. She exposed sensitive and classified information to foreign intelligence agency. You can see things she's above the laws.
UNIDENTIFIED MALE: Just don't frankly collaborate guest that we ever -- she ever got herself in this position and she's part .
(END VIDEO CLIP)
HANNITY: Republican presidential candidates are slamming Hillary Clinton for the server scandal. Peter Johnson Junior, Doug Schoen will join us next with reaction and then later tonight.
(BEGIN VIDEO CLIP)
TRUMP: We're going to make our country powerful and strong again. And we're going to make our country respected again.
CRUZ: We will win the caucuses. And we will win the nomination and we will win the general election.
(END VIDEO CLIP)
HANNITY: The countdown for the Iowa caucuses is on and the candidates have been busy making their final pitches. Geraldo Rivera, Mercedes Schlapp will be here to weigh in and that and more on the special Sunday night edition of "Hannity."
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: She is (INAUDIBLE) that takes to be Commander-In-Chief which should preclude her for me consider for a man of chief because if you're not even going to obey the law with national security systems. I think it should be, you know, have what it takes.
CRUZ: If she is indicted, we're not talking about speeding tickets. We're not talking about, you know, the taking the mattress tag off the mattress. We are talking about serious offenses for which the Obama Justice Department threw the book at General Petraeus.
UNIDENTIFIED MALE: I just sound frankly collaborate guest then that we ever-- that she have ever herself in this position and that to serious matter and we're going to let the legal system grinds it's way and figure out how this all gets disclose is on.
UNIDENTIFIED MALE: She is disqualified from being president of United States. She exposed sensitive and classified information to foreign intelligence agency. You can see things she's above the laws.
(END VIDEO CLIP)
HANNITY: Then the Republicans came out hard against Hillary Clinton and her server scandal.
Now, the last few days joining us with reaction, Fox News Legal Analyst, Peter Johnson Jr., Democratic Pollster, Fox News Contributor, Doug Schoen.
Peter, I want to, I want to pick your legal brain if I can here.
PETER JOHNSON, FOX NEWS LEGAL ANALYST: Sure.
HANNITY: When you have 22 emails being too classified to be released to the public, isn't that one and envision to the public that felonies were committed because we know what the law is in this is case. And also doesn't that make it very likely that the FBI director is going to move forward with a criminal referral?
JOHNSON: It maybe an endicia of a crime that's been committed with regards to these emails. But the greater endicia and perhaps on the face is the evidence that these classified or top secret or other sensitive materials were a, stored and b, communicated over open servers, home browse servers and Blackberries like a lot of Americans have, that were not issued by the State Department or by the White House or by the Federal Government.
HANNITY: Exactly.
JOHNSON: I think John Kasich has it right. It's a legal issue. It is going to grind itself out. But she will perhaps be forced to disqualify herself if this goes forward.
HANNITY: All right, Peter, one process question. You know, explain the process by which a grand jury will convene in a case like this. When would that happen?
JOHNSON: Based on this type of federal issues, the FBI would make a determination and a referral. And the Justice Department based upon that referral, would exercise prosecutorial discretion. It means they don't have to take it to the grand jury.
But if they do take it to a grand jury and a grand jury decided to indict, then there is an indictment. But then the question becomes for Hillary Clinton answer this question Secretary Clinton, will you agree not to pardon any aids that have been indicted? Will you agree that if you in fact indicted, that you will appoint a special prosecutor?
Under those conditions, I think Doug will agree, she can't stay in the race.
HANNITY: Boy, what a powerful question. I'm not surprised coming from my friend Peter Johnson Jr. If that question begins to get asked, Doug Schoen, and she has to answer that question and she says, she won't take a definitive stance, I think that will be very damning for her thoughts.
DOUG SCHOEN, FOX NEWS CONTRIBUTOR: Yeah, I think it would be. I think Peter is exactly right. I would say her response today was telling, she now is saying that these e-mails were not generated by her server. And she's trying to argue that she is not in some way culpable because that .
HANNITY: Because they're not allowed to be on there.
SCHOEN: . she didn't violate a negligence standard.
HANNITY: No. They weren't allowed to be on there legally.
SCHOEN: I don't think it's a good defense but that is her defense.
HANNITY: Yeah.
SCHOEN: I'm sorry?
HANNITY: Peter, they're not allowed to be on there, that's the problem and she knew that.
JOHNSON: That's what's General Petraeus faced and others have faced holding on to evidence. But in the end, it is a matter of prosecutorial discretion.
And I think it made this sense earlier here, Sean, I don't think the White House is going to be stepping up to defend Hillary Clinton with regard to these particular e-mails and her conduct.
If the FBI and the Justice Department believe that a crime has been committed, then it will be referred and then it's a likelihood that she will be indicted.
I don't know whether she will or not, but if those conditions prevail, that will in fact happen and you might have Vice President Biden or Elizabeth Warren or someone else heading up the Democratic ticket to pressure.
HANNITY: All right.
SCHOEN: Sean, I've said, exactly those figure.
HANNITY: IF that happen. Peter .
SCHOEN: . she will be indicted by the Jus justice Department. Just don't think it will happen.
HANNITY: OK, if it does happen .
SCHOEN: If it does handedly .
HANNITY: Who were the candidates?
SCHOEN: If it does happen, the campaign will end if she's indicted. I think it's still a big if. And Joe Biden, I think Peter is exactly right. He's waiting in the wings. He's made it clear. He wants to run Biden and Elizabeth Warren is the likely ticket that I think we would get.
But Bernie Sanders isn't going away. Let's be clear, he's at least 50 percent to win tomorrow. He's going to win New Hampshire. This is a muddled race and this is another issue making it further more cloudy and complicated.
JOHNSON: We need to see more evidence at this point, Sean. I don't think there's a basis at this point that we can conclude she will be indicted. But if the evidence is there, I believe the FBI will act in a responsible way.
HANNITY: I agree with you. I agree or they'll resign .
SCHOEN: I agree with Peter. I don't think we have the evidence yet.
HANNITY: Oh, I think we've got it.
SCHOEN: It's still a political process.
(CROSSTALK)
HANNITY: Not all (INAUDIBLE) and it's in the hands of the FBI but all right guys, thank you both.
(CROSSTALK)
HANNITY: The Iowa caucuses are less than 24-hours away and the candidates have been busy making their final pitches.
When we come back Geraldo Rivera, Merecedes Schalpp, they will have reaction. That and more on the special Sunday night edition of "Hannity."
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I believe that life is a gift from God. That it's divinely inspired. We're here for a purpose. Should I be your president, I will wake up each day guided by that principle. And I think that is a powerful principle that is created the greatness of this country.
UNIDENTIFIED MALE: This is the only country in the world were the son of a bartender and a maid can have the same dreams in the same future as the son of a president or the son of a millionaire and that's the kind of country I want my children to inherit as well.
UNIDENTIFIED MALE: I'm going to sit in that chair of January 25th 2017. And I'm going to say, this feels familiar.
BEN CARSON: Freedom is not free. You have to fight for it every day.
TRUMP: We have a chance to do something so historic. We didn't make our country again, we're going to make our country powerful and strong again and we're going to make that country respected again.
CRUZ: We will win the caucuses and we will win the nomination, and we will win the general election and beat Hillary Clinton and turn this country around.
(END VIDEO CLIP)
HANNITY: All right. The Republican presidential candidates, they're making their final pitches to the people of Iowa ahead of tomorrow's caucuses.
Joining us now with reaction, Fox News Senior Correspondent Geraldo Rivera, Republican Strategist, Mercedes Schlapp.
All right, Geraldo, you've been on defense. You said I can vote for Trump, I can vote for Trump. Tomorrow, what would you do?
GERALDO RIVERA, FOX NEWS SENIOR CORRESPONDENT: Tomorrow, I would definitely vote for Trump.
HANNITY: You definitely would.
RIVERA: If I was Iowan and I could go to the caucuses, I would definitely caucus for Donald Trump. I think he is, you know, he has change the political landscape in every regard.
That assuming that every Republicans can only caucus for Republicans and I am as, you know, a registered Republican.
I think that the person though has everything to lose. My vote in another is this Ted Cruz.
If he does not prevail tomorrow in Iowa, I think that really could be the end of Senator Cruz. To begin he has taken so much in that evangelical heavy state with his dad, the pastor and all of the rest of it. He loses, I think Trump runs the table.
HANNITY: You know Mercedes, when I was with you and your husband Matt last year, you're kicking off sit pack and we had all the candidates there. Did you ever imagine that it would unfold this way, you know, less than a year later?
MERCEDES SCHLAPP, REPUBLICAN STRATEGIST: Right. Absolutely not, Sean. I mean this has been the story of the unconventional politics where they were throwing out of political play book.
Donald Trump has made it seem that we're, you know, he is the one that's a frontrunner now. He is the one that's making the case that he's a fighter for America.
It's been interesting to see how it's been playing out. And that is a message that has resonated. Not only is that a mental (ph) of anger, it's a man tell (ph) of fear, the fact that issues like National Security have dominated so much here in -- not only in Iowa but across the country.
And in talking to Iowan voters, it's been very interesting, Sean just seeing on the ground. The fact you hear is that there's lot of folks that are still undecided, who could still be persuaded. We saw this in the Fox news poll and even talking to folks on the ground here.
You can sense that, they're unsure. So, again, this could be a real nail biter for tomorrow.
HANNITY: All right Mercedes. Who will win tomorrow?
SCHLAPP: Yup.
HANNITY: Forget about who you would vote for? Who will win tomorrow, Republican and Democrat?
SCHLAPP: Look, I think on the Republican side, it's going to be very tight between Trump and Cruz.
Cruz is -- I talked to the Cruz campaign today, they feel pretty good about their ground frame. They're organizing the 99 counties and as we know, Trump also says he has a solid ground.
On the Democrat side, I'm going to say Hillary Clinton.
HANNITY: OK. Geraldo same question.
RIVERA: Well, I think that Hillary will prevail on the Democratic side only narrowly. What gets me is though, this is Mercedes mentions an anger election, it is that.
But you have the irony that the left is angry because they think the Obama administration has not done enough. The right is angry because they think the Obama administration is over refits and too much, everybody is angry at different things. I don't know what the big middle is going to do. It will be interesting to see. Will the center of the electric kind of hold their nose if they're leaning Democrats, go for the former secretary of states if they -- for the Republican about they hold their nose and go for someone like Trump they don't like.
HANNITY: All right guys. We'll just go -- we're running out of time. Thank you both Geraldo, Mercedes. When we come back, we need your help.
A very important question of the day as "Hannity" continues.
(COMMERCIAL BREAK)
HANNITY: And welcome back to "Hannity" time for our question of the day.
So, which candidates do you think will win the Iowa caucuses tomorrow? Just go to facebook.com/seanhannity, @seanhannity on twitter.
Let us know what you think. Don't forget, tune in tomorrow night, midnight Eastern, 9:00 on the West Coast. We will be covering the results out of Iowa.
We may not even have them then. Last time, it took two weeks. But that's all the time we have this evening. Thanks for being with us. We'll see you back here, tomorrow night.
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