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The Five

FBI director calls Clinton, her aides 'extremely careless'

This is a rush transcript from "The Five," July 5, 2016. This copy may not be in its final form and may be updated.

KIMBERLY GUILFOYLE, CO-HOST: Hello, everyone, I'm Kimberly Guilfoyle along with Juan Williams, Eric Bolling, Melissa Francis and Greg Gutfeld. It is 5 o'clock in New York City and this is "The Five."

The FBI's long-awaited decision on Hillary Clinton is finally in. The agency has cleared the presumptive democratic nominee of criminal wrongdoing by using a private e-mail server as secretary of state and it recommends the Justice Department do the same.

(BEGIN VIDEO CLIP)

JAMES COMEY, DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION: Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable for prosecutor would bring such a case.

(END VIDEO CLIP)

GUILFOYLE: Indeed. Director James Comey doesn't think Clinton should be charged, but he did admonish her for being extremely careless.

(BEGIN VIDEO CLIP)

COMEY: Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information. None of these e-mails should have been on any kind of unclassified system.

(END VIDEO CLIP)

GUILFOYLE: Did the bureau feel any pressure to clear Clinton of wrongdoing? Comey says no.

(BEGIN VIDEO CLIP)

COMEY: What I can assure the American people is that this investigation was done honestly, competently and independently. No outside influence of any kind was brought to bear.

(END VIDEO CLIP)

GUILFOYLE: So the FBI essentially determining Clinton broke the law, but she didn't mean to. Now as you can imagine the Clinton camp is over the moon, so is Juan, putting out this statement, "We are pleased that the career officials handling this case have determined that no further action by the department is appropriate. As the secretary has long said, it was a mistake to use her personal e-mail and she would not do it again. We are glad that this matter is now resolved." Joining us, someone who is also is glad the matter is resolved -- Juan Williams.

JUAN WILLIAMS, CO-HOST: Well, yeah. Sure, I'm glad that -- I said it. I never thought that she was going to be indicted if that, if that's your point.

GUILFOYLE: Yeah. You were saying from the beginning that you didn't feel that the evidence rose to this level.

WILLIAMS: No. And if -- the thing is if you look at the previous cases, you know, everybody sites David Petraeus or they talk about other cases where there was -- I think Greg Gutfeld once said this to me, "you don't necessarily need intent," you said to me, "because it's the fact that you did or behaved in such a way." And I said, I think you do need some degree of intent. And what you heard from FBI Director Comey today was there was, you know, there was no vast quantity of information, no willful mishandling of information, certainly no disloyalty to the United States, and after the fact, no obstruction of justice by Clinton. So what we have is carelessness, but not crime.

GREG GUTFELD, CO-HOST: Yeah, but you know, Can I -- when you bring up the point of intent. Actually, you don't need intent.

GUILFOYLE: Correct.

GUTFELD: Because, because, you know, nobody who plows into a liquor store wanted to do that. You know? The intent doesn't mean anything. And if you allow for intent, then that's the excuse. You be just keep yourself out of the loop and have everybody else do your dirty work and always claim that you don't know. The interesting thing in that tape is watching Comey. He's -- he was sweating like a drug mule at customs. I mean, he did not --

(LAUGHTER)

GUILFOYLE: Comey.

GUTFELD: He did not like --

(CROSSTALK)

GUTFELD: He did not like what he has having to say. He was angry. He was upset. And then he knows that they just set a precedent for mishandling information. Now, anyone can do it, because you can't prosecute the little guy if we're not prosecuting .

GUILFOYLE: Right.

GUTFELD: . the head guy.

ERIC BOLLING, CO-HOST: Did -- and his statement (inaudible) and we better not do it going forward.

GUTFELD: Yes, yes.

BOLLING: So he spent the --

GUILFOYLE: Yeah.

BOLLING: He spent his first 10 minutes of that thing, outlining what they did and what they found. And it was long. It was elaborate.

GUTFELD: Yeah.

BOLLING: She was extremely careless or they were extremely careless, I'm quoting. They should have known -- these are all things that he spent time saying, so I'm going, wow! I never -- I agree with Juan. I never thought she was going to be indicted from the very beginning.

GUILFOYLE: But for different reasons.

BOLLING: But I thought -- and the first 10 minutes of this thing, I thought, you know what, maybe --

(CROSSTALK)

BOLLING: Maybe they found something and maybe they're going to recommend an indictment. This is really gonna be interesting -- 10 minutes. And then he comes with the very shortest part. He said, "We're going to do three things; what we did, what we found and what we recommend." And the recommendation was very short and concise, no reasonable prosecutor would bring such a case and then some stupid foreign looking thing, but don't try it at home because you will be. Boy, are the Clintons above the law? And if you ever thought so, now you can, you can absolutely agree with that. And the fix was in. Honestly, this was terrible -- the timing. The timeline on this was insane; Bill meets Loretta Lynch on the tarmac, eight days ago. Over the weekend, the FBI spent three hours with Hillary Clinton. Over the weekend, President Obama conveniently decides he's going to start his campaigning with Hillary Clinton in North Carolina .

GUILFOYLE: Right, and Charlotte.

BOLLING: . on Tuesday right after the holiday weekend. And what happens? The recommendation of no indictment comes down, and hour later they're in Charlotte, North Carolina together. Can you imagine if Comey said yes, we recommend an indictment? The most powerful man on the planet standing next to .

(CROSSTALK)

BOLLING: . someone who should be indicted. They knew -- they all knew, and if Obama knows, that's a big problem.

GUILFOYLE: Yeah. All right .

MELISSA FRANCIS, GUEST CO-HOST: Wait.

GUILFOYLE: Melissa, you have some good comments on this earlier today.

FRANCIS: I mean when he, when he started the press conference, he went through and he listed all the items, and they were actually so much worse than what anyone would have reported.

GUILFOYLE: Right.

FRANCIS: I mean that's what amazing to me. It's like -- let me be clear, we're not talking about a server, we're talking about many servers.

GUTFELD: More, yeah.

FRANCIS: . that were destroyed along the way, we had many different administrators, not even just one that we've all been talking about. I mean he is just like one of a dozen. There are all these people all over the place, they said all the information and then he went through. He went piece by piece and showed you everywhere that she lied. He said, "Used only one device for convenience," that's what she said. He said, "Nope, actually, lots of devices, lots of servers." She said she never sent or received anything marked or classified. Yes, absolutely she did. Here are the ones that .

GUILFOYLE: Yeah.

FRANCIS: . were marked at the time that she both sent and received. He said, I want -- you know the stuff that's marked up classified later, that's totally separate, so we left that out. So, she had said that, that was also a lie. And then he said, "Any reasonable person should have known." And then at the end he concluded that, "Well, I understand the intent is not necessary under the law." He said it's not necessary .

(CROSSTALK)

FRANCIS: . but it's easier to make the case if it's clear. So in the future, we're going to look for e-mails, laying next to people that say my intent here was to murder Bob.

GUTFELD: Right.

GUILFOYLE: Yeah, that's the problem.

FRANCIS: Because shooting him with a gun didn't show that.

WILLIAMS: No, but the one that everybody cites is David Petraeus, right Melissa?

FRANCIS: I never have.

WILLIAMS: OK. While the people do, I hear it all the time, and the people say, well, how can you treat Petraeus this way? And he -- I think he pled guilty to a misdemeanor, and you not charge Hillary Clinton with anything. But remember, Petraeus literally, he had to remove and retain information - - the classified information, and then hand it over to his lover. Hillary Clinton never engaged in any such behavior.

BOLLING: Do we know that?

WILLIAMS: What do you mean, that's what?

BOLLING: Didn't she have been -- we just find out that .

GUILFOYLE: She also had.

BOLLING: . she had burn bags or she's burning --

GUILFOYLE: To Hillary, yes.

WILLIAMS: No.

BOLLING: And also, what about --

FRANCIS: Yeah.

GUILFOYLE: Of her schedule. That was he said.

BOLLING: You know what drives me crazy? There are 30,000 e-mails that the FBI said that they didn't get. They couldn't have.

GUILFOYLE: Right.

BOLLING: She sent to her lawyers. They all agreed they weren't relevant to the case and they burned them. They got rid of them.

GUILFOYLE: Well, they deleted them and then .

BOLLING: And we thought unrecoverable.

GUILFOYLE: . cleaned their devices .

BOLLING: Right. The lawyers did.

GUILFOYLE: . in a way that they would not be recoverable.

BOLLING: The lawyers did.

GUILFOYLE: Wow, the standard now appears to be clear and convincing evidence, forget gross negligence. But throughout this investigation, Clinton has been defiant that she's not sent or received classified information. Remember that? But Comey said, "Actually, that wasn't true."

(BEGIN VIDEO CLIP)

COMEY: From the group of 30,000 e-mails returned to the State Department in 2014, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contain information that was top secret at the time they were sent; 36 of those chains contained secret information at the time; and eight contained confidential information at the time, that's the lowest level of classification. Separate from those, about 2,000 additional e-mails were up-classified to make them confidential. Those e- mails had not been classified at the time that they were sent or received.

(END VIDEO CLIP)

GUILFOYLE: OK, Greg?

GUTFELD: Well, you know, when you hear Clinton and chains, the last thing you think it will be would be Hillary.

(LAUGHTER)

GUTFELD: But --

GUILFOYLE: Thanks for that.

GUTFELD: You have an obligation to protect your information, because the information is, is basically -- it's the borders of your country. This is private stuff that if it gets into the wrong hands. And as you find out, she has been traveling in areas where, you know, people could hack her material. This is extreme carelessness, which sounds like a movie starring Steve Goomberg (ph). The same --

GUILFOYLE: . which is the same standard as .

GUTFELD: Yeah.

GUILFOYLE: . gross negligence.

GUTFELD: But --

GUILFOYLE: You said it right there.

GUTFELD: The one question that anybody can ask her on during the debate is, "Would you be OK if people on your staff had a private server too," because that's the issue. They can't --

(CROSSTALK)

GUTFELD: They can't prosecute after -- if they can't do anything about her, they can't do any but, anything about anybody in the future.

GUILFOYLE: But --

WILLIAMS: But she said that she admits that she regrets having done this and would not do it again. And I think the standard now is pretty clear. I don't think it opens the door to any (inaudible) comes out and say, wow, what about Hillary Clinton? She did it, she did -- no.

BOLLING: Why not, though?

WILLIAMS: Because I --

GUILFOYLE: Guess what.

FRANCIS: It's about Clinton.

WILLIAMS: Everybody is very clear --

BOLLING: So clear her --

WILLIAMS: No. Let me just say =--

GUILFOYLE: It's a different standard.

BOLLING: But then we're going forward --

WILLIAMS: No, because if you did --

(CROSSTALK)

WILLIAMS: Because if you went after her, let me just say, you would also have to go over Condi Rice, Colin Powell --

BOLLING: All right.

(CROSSTALK)

FRANCIS: She didn't have servers.

GUILFOYLE: They didn't maintain their own personal server .

BOLLING: Can you imagine if the --

GUILFOYLE: . in contradiction with policy. I mean that is the problem.

WILLIAMS: It was the policy then.

FRANCIS: Not with the server.

GUILFOYLE: And all the people that she was sending and receiving e-mails knew .

BOLLING: Can I ask --

GUILFOYLE: . that was not on the proper server.

BOLLING: If the FBI says to Eric Bolling, or Kimberly Guilfoyle, or Juan Williams, or anyone at the table says we want all the information .

GUILFOYLE: Yeah.

BOLLING: . surrounding this. We want your, we want your work phone and your private phone.

GUILFOYLE: Yeah.

BOLLING: And you decide to turn over your -- your private phone. And you keep our work phone like this, and you throw it away. That's essentially what she did --

WILLIAMS: No.

BOLLING: The 30 --

WILLIAMS: That's not what --

BOLLING: Juan, the 30 --

WILLIAMS: You overdrew it.

BOLLING: Wait, wait. The 30,000 e-mails --

WILLIAMS: You are so right on so much.

BOLLING: Wait a minute.

WILLIAMS: I get your point.

BOLLING: Hold on. Let me finish.

WILLIAMS: All right.

BOLLING: The 30,000 e-mails that Comey said that they combed through and took the other side and trialed, are the ones that she turned over.

WILLIAMS: No -- yes.

BOLLING: There are still 30,000 that she eliminates.

WILLIAMS: There are 55,000 .

BOLLING: OK, great.

WILLIAMS: . pages of e-mails .

BOLLING: All right.

WILLIAMS: . that she turned over.

GUILFOYLE: No. Bolling --

BOLLING: But 30,000 --

GUILFOYLE: Bolling is right. Even Rudy Giuliani .

BOLLING: Right.

GUILFOYLE: . said the same thing you're saying.

BOLLING: . that are missing, that are gone -- poof.

WILLIAMS: No, no.

GUILFOYLE: That's the destruction of evidence.

BOLLING: Yes.

WILLIAMS: OK, right.

GUILFOYLE: And you would be entitled to an instruction in front of the jury, consciousness of guilt .

BOLLING: Right.

GUILFOYLE: . to say it shows that the person .

FRANCIS: Right.

BOLLING: It's for the jury to decide.

GUILFOYLE: . knows what they were doing .

WILLIAMS: Let me just tell you what the FBI said.

GUILFOYLE: . and knew what they were doing is wrong.

WILLIAMS: I mean the FBI said was, people when they change different devices and servers, some of it you gets deleted, some of it gets lost. It's not that there was an intent to obstruct justice .

BOLLING: Oh no.

WILLIAMS: . by pulling --

BOLLING: Not at all.

FRANCIS: That's why you're not allowed to have your -- by the way, that's why you're not allowed to have your own personal server.

WILLIAMS: OK. But that's not -- that's different than what Eric was --

FRANCIS: Because everything is getting destroyed.

GUILFOYLE: Right.

WILLIAMS: And the way Eric presented it, if I was on the jury I would say guilty.

BOLLING: I just -- let the jury decide.

WILLIAMS: Send her to the gallows.

BOLLING: Why does James Comey get to decide whether she's guilty or not?

WILLIAMS: He's the FBI director.

BOLLING: No, no.

GUILFOYLE: No, no, no.

BOLLING: He doesn't get to decide that.

WILLIAMS: He has --

GUILFOYLE: He --

BOLLING: He doesn't get to decide that.

WILLIAMS: He has more investigating and he now refers to the Justice Department.

GUILFOYLE: Juan.

BOLLING: He never gonna decide that.

GUILFOYLE: Juan, he can make a recommendation .

WILLIAMS: Yes, that's what I'm saying.

GUILFOYLE: He just went out of his way to say any reasonable prosecutor --

WILLIAMS: Right.

GUILFOYLE: No reasonable prosecutor would put this case forward. That's far greater than just making a recommendation. We recommend, you know, further investigate prosecution of this case. He's saying I'm finder of fact. You cannot bring this case forward.

WILLIAMS: He didn't say that.

GUILFOYLE: That's what it says .

WILLIAMS: Because he can't say that.

GUILFOYLE: . no reasonable prosecutor.

WILLIAMS: Loretta Lynch is the --

GUILFOYLE: She said that she be unreasonable. And you know, by the way Loretta Lynch is going to stay.

WILLIAMS: No, I'm saying --

GUILFOYLE: OK, in that position if Hillary Clinton becomes --

WILLIAMS: I was trying to respond to your earlier point.

GUILFOYLE: President.

WILLIAMS: Loretta Lynch .

GUTFELD: Interesting point though --

WILLIAMS: . at Justice Department makes the call.

GUILFOYLE: Yeah, I'm aware of that as a prosecutor.

FRANCIS: And she makes it perfectly clean for her.

GUILFOYLE: Yeah.

FRANCIS: And then he ran from the room as fast as he possibly could and didn't take any questions when he always had in the past.

WILLIAMS: How much politics around this, Melissa?

FRANCIS: He made his answer and bolted.

GUTFELD: There's another thing that he brought up when he said that there was not gonna be prosecution, but there was -- there's something about security sanctions. There's a possibility that you got a president who doesn't have clearance. I mean is that possible? It's like a doctor --

GUILFOYLE: Well, that's true.

GUTFELD: That's like a doctor who can't prescribe drugs. This is something that -- I mean it's is a huge, this is a huge deal. It's also -- the other problem that we have talked about is that it was an open secret that everybody knew about the server. It's just like Bill's affairs, her e-mails and his females where an open --

(LAUGHTER)

GUTFELD: Where it's an open secret to everybody. And, you know what they should have done? They should have just said, look, it's easy to ruin your lives. Young kids and old people have problems with technology, you know, maybe your password was, you know, her birthday and the name of her grandchild. Everybody understands that. Just say look, this is new to me. That would have been funny.

GUILFOYLE: It does.

BOLLING: OK. You know what the open secret? And you, you made a joke and it's funny, but you know what, it's not funny? Because both of those occurrences, her e-mails and his females that everyone knew about, including foreign governments, people who may who may want to hold that against them .

GUTFELD: Yeah.

BOLLING: . could use those things against the United States of America.

GUTFELD: Bill would love you to hold that against him.

GUILFOYLE: But it's true, because it compromises their position. And again, Rudy Giuliani said today and Comey used to work for him being an assistant under and he said, let me tell you something, she would never pass background security clearance to work for the government at this point. I mean it's that egregious

(CROSSTALK)

WILLIAMS: One last talk.

GUILFOYLE: But she wants to be commander-in-chief and negotiate with heads of state and fix the ISIS problem, but she'll just be commander-in-chief of name only, right, because she's basically broken all the rules there and wouldn't pass.

WILLIAMS: You know, I thought you guys, today, might say you know what .

(CROSSTALK)

WILLIAMS: . time to move on Benghazi, but it's not -- it's never.

(CROSSTALK)

GUTFELD: You know what? It's memory express.

WILLIAMS: There's conspiracy continues.

GUTFELD: It's memory express. It reminds us of the 1990s.

WILLIAMS: Oh gosh.

GUTFELD: I keep waiting for "Friends" to come back.

GUILFOYLE: Yeah.

GUTFELD: This is like "Friends" coming back, but it's better than ever .

GUILFOYLE: Yeah.

GUTFELD: . because she's just as corrupt as she was in the '90s.

GUILFOYLE: And by the way, they just covered the bases at the last second this weekend and met her at her house, no defense attorney (inaudible), would let her sit down with the FBI. They really thought that she was going to get indicted or subject to prosecution, and then she went to Hamilton and did selfies on Broadway, right after that happened. Oh, much more to come this hour on the FBI's decisions to clear Clinton.

Ahead, one of the major concerns about the private server was that it was vulnerable to be hack. Was it? Well, Director Comey answer, all next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

COMEY: . in its various configurations in 2009 was hacked successfully. We do assess that hostile actors gained access to the private commercial e- mail accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton's use of a personal e-mail domain was both known by large number of people and readily apparent. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton's personal e-mail account.

(END VIDEO CLIP)

BOLLING: Boy -- Greg, so basically what he -- let me summarize. He said, likely she was not hacked, but everyone she made e-mailed to could have been hacked and likely were hacked.

GUTFELD: Yeah. Especially let say, yes, the arsonist did burned down the house, but it's kind of like a campfire. It's really not that bad. The spin, this is -- the spin where you gonna see is that, it was a lousy system to use and they didn't know it was unsafe and if that's essentially no different than blaming a video. They're blaming the technology and not the person. They should blame it on the movie "You got mail." That would be even better.

GUILFOYLE: Remember that?

GUTFELD: Yes.

(LAUGHTER)

BOLLING: KG, what do you take, what do you take from that? So, so many negligence going on here, you know .

GUILFOYLE: Yeah.

BOLLING: . if you're hanging around the wrong people; you're sending e- mails, you're talking to the wrong people. Eventually, that may come back to you. How does the FBI say, it's not her fault, though?

GUILFOYLE: No. That's the problem, because every single thing that he was laying out you're like, wow, like listen .

FRANCIS: Right.

GUILFOYLE: This is even worse.

FRANCIS: Oh my goodness.

GUILFOYLE: And multiple servers. Oh, and definitely people were able to get into this or get access. Oh, and her attorneys deleted. Not only did they delete the information, we have no way to get that. They also then clean their devices so it would not even possible for to us review it. What does that all sound like? It sounds like the fix is in. And then at last second they interview her. And then when you hear about this, this is like, this is somebody that wants to be in charge of our national security, of our foreign policy and just acted in total conscious disregard for our safety as a our country, so that we can be compromised by other countries, gaining access to information like Russia and like China. I mean, honestly, with people running, nominees, like this, who needs enemies?

BOLLING: Along those lines Juan, hang in there. Let's take a listen. I'm just gonna -- just summarize this. She should have known better. Listen.

(BEGIN VIDEO CLIP)

COMEY: Seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program at the time they were sent and received. Those chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails about those same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton's position or in the position of those with whom she was corresponding about those matters, should have known that an unclassified system was no place for that conversation.

(END VIDEO CLIP)

BOLLING: So Juan, she wants to be commander-in-chief. She should have known better.

WILLIAMS: She should have known better. I think anybody is disputing that, the headline, though, and I was amazed how quickly you raised by the headline. No evidence, no finding that her e-mail system was hacked. None. Zero.

(CROSSTALK)

WILLIAMS: So that they said was --

GUILFOYLE: That's not what he said.

FRANCIS: Oh, no. No, no, no --

WILLIAMS: Yes, that's exactly. Let me just finish my point.

FRANCIS: OK.

WILLIAMS: So that - then he said, but you know what, there were other people in whom she was with, in communication with. Their systems were act, and therefore, people may have seen e-mails that she communicated with those folk.

FRANCIS: No, no. That's not what he said.

WILLIAMS: Go ahead.

FRANCIS: What he said was there's an e-mail chain where they're talking back and forth with all these people about Top Secret information that's not supposed to be out there. And she is sending and receiving to Gmail into all kinds of crazy accounts information that is top secret. He said any reasonable person would have known not to have this conversation like this.

WILLIAMS: Correct. And again --

FRANCIS: So his conclusion .

WILLIAMS: And he reiterate .

FRANCIS: She's not a reasonable person.

WILLIAMS: No, she --

FRANCIS: Good point.

WILLIAMS: No, no, no.

FRANCIS: She's not a reasonable person.

WILLIAMS: She should have been more -- I don't think anybody is disputing that. But what he said was that her system had not been hacked. Even if it had been hacked, that would be .

FRANCIS: No, that's not what he said.

WILLIAMS: . evidence of what he said, which is that she was --

FRANCIS: That's not -- no, no. Wait.

WILLIAMS: To the point of being reckless even, but she did not commit a criminal act and her system was not hacked.

GUTFELD: You know --

FRANCIS: Sophisticated hackers get in, they don't leave evidence. That's what he said.

WILLIAMS: Oh my, gosh.

GUTFELD: He said they will never know. That's the scary part. They will never know. There really are those --

GUILFOYLE: We'll find out.

GUTFELD: Bill and Hillary are the political version of Bonnie and Clyde. You know, she's about to get indicted. He shows up on the tarmac. And 30 minutes off screen, you really don't know what happened. It must have been a great story about the grandkids, about the golf course. Next thing you know, they're off to Mexico with the hope diamond. They are -- they -- I mean, seriously .

(LAUGHTER)

GUTFELD: . it doesn't -- it doesn't even look bad, smell bad, it is bad.

BOLLING: We got to go, but KG --

GUILFOYLE: Yeah.

BOLLING: Are you scared that Comey, a tone point said, it wasn't even as secure as Gmail.

GUILFOYLE: Yeah, that was terrible. I was like crying, silent screaming inside, because my goodness, more porous than Gmail or anything else. And guess what? He's sitting there telling us this, oh, OK, just admiring independent investigation after five seconds, after talking to her on Saturday night. How that could be considered so thorough? That seems like - -

WILLIAMS: So what after, listening to my friends at the table, I have concluded this. If you didn't like Hillary Clinton before, you are with wishing that her campaign would be undercut by the FBI. You still think she's guilty, but for most democrats who didn't really care about this anyway, and for independent voters .

GUILFOYLE: Right.

WILLIAMS: . who will decide the election, this all --

GUILFOYLE: and this is --

BOLLING: Yeah.

GUTFELD: Oh no, exactly -

GUILFOYLE: This is actually --

WILLIAMS: Move on.

GUILFOYLE: Wait.

GUTFELD: But the next segment, Juan .

WILLIAMS: Move on.

GUTFELD: You will find out why you are wrong.

WILLIAMS: Move on.

BOLLING: Exactly. So --

(LAUGHTER)

FRANCIS: That's a good piece --

GUILFOYLE: And by the way --

(CROSSTALK)

GUILFOYLE: Great for Donald Trump, because now he gets to run against Crooked Hillary instead of Biden.

BOLLING: Before we go, quick program -- programming note, House Speaker Paul Ryan goes on "The Kelly File" tonight, with his reaction to the FBI clearing of Clinton. Catch that exclusive at 9:00 p.m. eastern. But next, Greg is on the gift, the gift he thinks the FBI gave to the Republican Party today. Stay tuned.

(COMMERCIAL BREAK)

GUTFELD: That weird, screeching noise you hear, that makes your ears bleed -- it's Hillary, breathing a sigh of relief. She's not heading to the slammer after all. However, it's her party that's now imprisoned, by her.

Think about it. Comey's resolution left more stains than a baby on a bumpy flight. What she did wasn't criminal, it was just really, really dangerous -- that's not when you call a ringing endorsement. Yes, there's not enough crud to prosecute her, but there's more than enough to scare the hell out of you and put a country in jeopardy. So we're not arresting you Hillary, we're just calling you a big jerk who should be arrested.

So like free samples at Costco, Comey just delivered a plate of juicy soundbites to the Republicans, and that puts the Dems in a bind. For if Comey had suggested charges be brought, they could have dumped Hillary and defrosted Biden. He's a more likeable candidate, one without a cloud above him -- just hair that looks like one. But they won't bring charges, instead they did something worse: They portrayed her as incompetent, careless and unsafe in an increasingly unsafe world. She's not a criminal, she's damaged goods, on the run and running -- her ineptitude like failure on steroids.

Comey just handed the Republicans their chief campaign angle: Hillary Clinton, the secretary of state who put the state at risk, without even trying. If that's not a commercial by tomorrow, I'll eat my hat, as long as it is made of bacon.

All right, Juan, because you were -- would you actually transition to this?

WILLIAMS: Yeah.

GUTFELD: And I don't mean it that way --

(LAUGHTER)

GUTFELD: Is this angle. You don't see of how -- what Comey said is a perfect campaign commercial?

WILLIAMS: No, I think some of what he said they can use. But I overall -- what I said to you was -- and I think this is still true -- that Democrats, who really didn't care about this, who was Republican drivel, on and on and on about the same out thing. Or independents and especially independent women, who I think are going to have a decisive vote in this race, will now say, "The FBI has delivered their verdict. The verdict is Hillary is not to be indicted. Let's move on."

GUTFELD: However, Eric, I was on Twitter, which I often am. And I saw a lot of leftists, a lot of liberals angry about this, including people like Glenn Greenwald, who...

BOLLING: I think you're hitting on something.

FRANCIS: Yes.

BOLLING: It would have been more effective for the Democrats would be recommendation for an indictment. Maybe even an indictment, and then her getting exonerated by a jury. They would go, "Wow! You know what? A jury of her peers lets her go."

GUTFELD: Yes.

BOLLING: Rather than this. And it smells of corruption; it smells of Clintons feeling like they're above the law. It smells like, as Donald Trump puts it, it's rigged.

Very quickly, can I just say something? President Obama going on stage with her right now -- we all know that the Obamas and Clintons don't like each other. But they're doing it right on the Democrat side. They got behind their candidate.

On the right, we still have half the Republican Party can't stand Trump, and they won't get behind him. You've got to get together. You want to beat her, and anyone's better than Clinton. ABC. You've got to get behind him now.

WILLIAMS: Are you saying Jim Comey is rigged and corrupt?

BOLLING: President Obama -- President Obama had to know she was not going to be recommended for indictment for him to plan this trip today, of the same day that this was coming out.

GUILFOYLE: POTUS has major scheduling and security issues. So that's why there has to be some planning and logistics going into any time he's going to travel. That's what...

WILLIAMS: But nobody -- according to Comey, nobody knew that he was -- what he was going to say.

BOLLING: Loretta Lynch didn't know? She had no idea?

WILLIAMS: That's what Jim Comey said.

BOLLING: She didn't know at all. And that meeting on the tarmac

WILLIAM: Jim Comey -- by the way, Jim Comey is a Republican. But I happen to think that he's a man of impeccable credibility.

GUTFELD: That's why I think he was sweating.

FRANCIS: This is the argument...

BOLLING: I'm disagreeing with that part.

FRANCIS: Re-litigating it is not going to work. The only thing that does work is if you look at responses on Twitter, it is this idea that there are two sets of rules out there. There is one set of rules for the people in Washington who govern us, and there's another set of rules for all the rest of us who pay their bills.

And that's the thing that has people so upset this election season. That's why this works against her. And for Republicans, I think you never say the word "e-mail" again, because you're right. People are sick of it. Instead you just say, "Look, he proved she's a liar. She may not be a criminal, but here are the four places where she lied. Liar, liar, liar." That's it.

GUILFOYLE: Pants on fire.

FRANCIS: Suit on fire.

GUILFOYLE: Yes. The whole thing. Here's the deal. She's really got to win now.

GUTFELD: Yes.

GUILFOYLE: Do you know why?

GUTFELD: Why?

GUILFOYLE: Because Loretta is going to stay as her A.G.

GUTFELD: I don't know.

GUILFOYLE: Guess what? Statute of limitations doesn't run on this. Donald Trump becomes president of the United States. He has an A.G. that has the fortitude to go forward with a further investigation. Additional information comes to life, such as other countries being able to breach it, et cetera, et cetera. People that might then come forward if she's not in a position of power, and actually tell the truth.

Then there's an issue there. So think about that. You know how I know that problem? Rudy Giuliani.

FRANCIS: Loretta will be her VP after this.

BOLLING: Please, Loretta is going to be the next Supreme Court justice.

FRANCIS: There you go.

GUILFOYLE: She's going to be whatever she wants, as a matter of fact. Whatever job she wants.

GUTFELD: I don't think helped -- I don't think it helped Loretta Lynch. It didn't. It made her look...

GUILFOYLE: If Hillary -- if Hillary, yes...

WILLIAMS: It's not that bad.

BOLLING: If there's a deal.

GUILFOYLE: It's not good for her, the optics for her or for Comey, who is widely respected. This is -- it's a problem.

GUTFELD: I'll tell you what. Hillary is never using e-mail again. She's going to listen -- she's going to listen to her husband and only use the oral legend.

All right. Next, we'll go live to our chief intelligence correspondent, Catherine Herridge, to get some inside information on the FBI's investigation. Stay tuned.

(COMMERCIAL BREAK)

WILLIAMS: Hillary Clinton is breathing a sigh of relief today. A huge hurdle to her presidential campaign eliminated. The FBI does not recommend the Justice Department indict Clinton for mishandling classified information on her e-mail.

(BEGIN VIDEO CLIP)

JAMES COMEY, FBI DIRECTOR: Looking back at our investigation into the mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts.

This is not to suggest that, in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary. Those individuals are often subject to security or administrative sanctions. But that's not what we're deciding now.

(END VIDEO CLIP)

WILLIAMS: Let's bring in our chief intelligence correspondent, Catherine Herridge, now for more on this outcome.

Catherine, what are you hearing from inside the FBI? I had all along thought, even after President Clinton getting on the plane with Loretta Lynch, the attorney general, that if Director Comey, an FBI agent, issued a recommendation to indict that was ignored, the outcry from inside the FBI would be deafening and politically explosive. So what are you hearing today?

CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Well, I've heard from a handful of law enforcement contacts. Some are still within the bureau; some are recently retired. So it's not a scientific survey, if you will.

But they've genuinely been very disappointed with what they heard at that statement from the FBI director today. They felt it was uncharacteristic of the director, and their assessment was that there was sufficient evidence to proceed. But it was not necessarily a slam dunk, a 150 percent that they would get a conviction. And they're not operating in a vacuum.

Because to bring a prosecution and to not succeed would effectively take a presidential nominee out of the electoral process, and that would be interfering with the elections in this country, Juan.

WILLIAMS: OK, Melissa.

FRANCIS: Wow!

Catherine, I mean, we had heard all along that there were these two tracks that the FBI was pursuing. And this is what people have been asking online all day today. That this was the track about the e-mail trail and the security there, but there was also the public corruption and the pay for play and that the why she may have been doing this, covering up what was going on with the foundation. Have we heard anything about that part of the investigation?

HERRIDGE: I have not been able to get anything further on the investigation into sort of a public corruption track in the Clinton Foundation.

What I would say is that there was absolutely no mention of that at the news conference today. And the director's statements seemed pretty -- pretty final. I don't want to give people bad information. There was simply nothing that spoke to that issue.

FRANCIS: Yes.

WILLIAMS: Inspector Javert is still on the case.

GUILFOYLE: Yes, right.

Hi, Catherine.

HERRIDGE: Hi, dear.

GUILFOYLE: As a former prosecutor, I sit here and I think it looks like and sounds like they've changed the requisite standard of proof, because what it sounded like today -- and he kept mentioning about specific intent and we don't feel that they intended, et cetera.

But that's not the standard within the particular statute.

HERRIDGE: Right.

GUILFOYLE: It's gross negligence. And he made mention over and over again to the extreme carelessness that was happening during this whole time and not just one innocent time but over and over again and across multiple servers.

HERRIDGE: Well, you're best to address the legal questions. I've had a copy of the 793. This is 18USA-793, which is the gross negligence statute. And I would encourage people to go online and to read the language, because there's absolutely no requirement for intent.

What I found striking today is that he seemed to lay out the prerequisite requirements for 793 in the first 13 or 14 minutes of his statement.

GUILFOYLE: Yes.

HERRIDGE: And then he kind of said, "That's all, folks." There was going to be nothing further.

The other thing that jumped out at me is that, if you take his statements in their totality, he did severely undercut some of the main planks of Mrs. Clinton's public statements about her use of this personal unsecured server, just simply the fact that she did send and receive classified information and that she should have known it to be so, that some of the e- mails did contain classified markings known as portion markings. She said nothing she sent or received was marked at the time.

And then he also said, based on their investigation, they're operating on the assumption that there was a third-party compromise, either by a hacker or by a foreign intelligence service.

WILLIAMS: All right. Now for the hanging judge, Eric Bolling.

BOLLING: So I wanted to ask a quick -- Dana is usually sitting here, and she will tell you that there was a standard, that you couldn't just be negligent and do something like this. You would be held accountable for it. Maybe the standard has now changed forever for public officials.

Here's the question, very quickly. Are we to understand -- they want us to believe that the first time Loretta Lynch heard that there was going to be a recommendation not to indict was today when the rest of the public heard about it from James Comey?

HERRIDGE: Well, the FBI director said very publicly that he had not consulted with anyone before he made his statement today. And just the little sort of threads I picked up throughout the day is that people genuinely within those departments were not aware of what he was going to say in his 15-minute statement to the nation about the investigation.

I think we're going to learn more about what happened exactly, and the timing. Because there really is already a concerted effort on Capitol Hill by the oversight committees, and then also Senate judiciary to have these documents and the evidence released to the public so that they can really judge how strong the evidence was or wasn't in this case and whether a decision not to recommend prosecution was really warranted.

WILLIAMS: Catherine, the hand of history rests with Dr. Greg Gutfeld.

GUTFELD: I was just thinking, it would be really cool to open up a store called Negligent, and it's negligees for men. Negligent. Negligent.

GUILFOYLE: Did you have to say that on camera?

FRANCIS: You laughed, though.

GUTFELD: I'm going to ask Catherine -- I like to make Catherine smile, because then it makes me happy.

WILLIAMS: Catherine, smile.

GUTFELD: Question. I have a question for you. So Comey mentioned something about sanctions on clearances. Is it possible that Hillary could be sanctioned and, actually, not be able to be debriefed on certain topics while running for president?

HERRIDGE: I -- this is such an interesting question. Because once one becomes the president-elect, you do start receiving the same security briefings that the president is currently receiving, so you're up-to-date and can make that transition quickly. I don't know the answer to that. But he certainly left the door open to some kind of sanction.

GUTFELD: Yes.

HERRIDGE: And then he also said that individuals in a similar case but in different circumstances might face prosecution for similar actions. But it's a very interesting point to make and one that I'm sure we're going to hear again in the next few weeks.

WILLIAMS: Catherine, I can't believe what you just did. You told Greg it was an interesting, pertinent question. We're going to get punished for this. I'll tell you that.

Anyway, thank you.

GUTFELD: Negligents.

HERRIDGE: He caught me off-guard with that negligence store or whatever that was about.

WILLIAMS: Don't go back there. Don't do that.

GUILFOYLE: Just go on "Special Report."

WILLIAMS: All right. Will the Justice Department accept the FBI's recommendation not to charge Hillary Clinton? Final thoughts straight ahead. Stay with us.

(COMMERCIAL BREAK)

FRANCIS: Some final thoughts now on the breaking news today. In case you're just waking up for the first time, because you had a big Fourth of July, the FBI cleared Clinton of criminal wrongdoing with her use of a private e-mail server as secretary of state.

Final thoughts, Kimberly Guilfoyle.

GUILFOYLE: Yes. I just found this to be really astonishing as a, you know, dedicated former prosecutor, to hear him lay the case and make the case so well for 14 minutes, and then the last thing, it's like somebody copied and pasted the wrong final conclusion when he said, "Therefore, no reasonable prosecutor could bring this forward."

I think he made the case. He knows what the law is. He's a smart man. And I think what Loretta Lynch did really compromised him. And all of that, the weight of that, the burden of it, fell on Comey today, saying that she shouldn't bring forward a prosecution. So it takes it off of her shoulders, absolving her.

FRANCIS: All right. Juan Williams.

WILLIAMS: I would say pay up. You guys were all wrong. I mean, you know what? I can see that you guys are screaming at the umpire. This is a baseball game. You say, "Oh, my gosh. How could the ump make that call?" They go to the replay. They go to someone totally impartial, wherever they keep the replay booth, and the guy om comes back and says, "Yes, she's safe," and you still don't like it. And you still want to make a case out of it.

GUTFELD: The game is rigged.

WILLIAMS: Oh, the game is rigged? That's what Trump says.

GUILFOYLE: It's a banana republic now.

BOLLING: The umpire was having drinks with the other team in the dugout.

GUILFOYLE: My goodness. I'll tell you what: take your ball and go home. Let's not talk politics anymore. I'll do this show.

FRANCIS: What did you guys bet, though, by the way? Did you bet something off the air? I want to be in on it.

WILLIAMS: It doesn't matter. Let me just tell you, we could go back to 2008. We can go back to 2012. Nobody at this network ever pays me on these bets.

GUILFOYLE: Wait, we didn't even have a -- something bet. What are you talking about.

BOLLING: No one in the right mind would bet that she's going to be indicted at this table.

WILLIAMS: No? Is that right? All right.

FRANCIS: I didn't think she would.

BOLLING: Why would we be surprised? Can I just say that she should have worn an orange pantsuit today while she was standing there, just to thumb her nose at the rest of those folks who would be indicted if we did what she did.

FRANCIS: Yes.

GUTFELD: I think it was a missed opportunity to martyr her, and that would have been way better for her.

It reminded me of the Supreme Court ruling with -- remember, was it Roberts, who laid out a perfect case against Obamacare.

GUILFOYLE: Yes, he did.

GUTFELD: And then -- then flipped it over and tricked everybody, that scamp.

The only thing she can rely on is somebody named Trump to change the news cycle with something big, which he happens to do; and then she happens to do. The way the news cycle is these days, this might last, you know, three more minutes.

GUILFOYLE: Well, and he's speaking at 10 p.m. tonight.

WILLIAMS: That's what I was saying. I was saying I don't think that we're going to remember this in five months.

GUTFELD: But that's going to help her, because this didn't help her. This -- she should have been martyred. And that would have helped her. And today...

GUILFOYLE: Well, she better hope that Trump doesn't win and Christie's not the A.G., or trouble cometh.

GUTFELD: They need a note (ph).

FRANCIS: I think that Juan Williams made a very good point earlier today.

WILLIAMS: Wow! This is news.

FRANCIS: Yes. That as a result of this, the haters are going to hate so much more on each side. The people who think that she was framed are more fired up. The Trump people are super fired up, because they think the whole thing is rigged.

It's not about the people in the middle, though. You say the middle people go to her? I don't think the middle people exist anymore. If you go out in public, I mean, there's so much animosity between the two sides of this election, it's just about who's more fired up and is going to show up in greater numbers. That's what I think anyway.

GUILFOYLE: Thank you, Melissa.

FRANCIS: Well, there you go. "One More Thing" is up next.

GUTFELD: Yay.

(COMMERCIAL BREAK)

GUILFOYLE: It's time now for "One More Thing" -- Mr. Bolling.

BOLLING: OK. I had such a great weekend. I was on the book tour. We went to Long Island, went to New Jersey. Then I went down south. Well, I stopped at the Villages. Take a look at the first picture at the Villages. It was unbelievable.

FRANCIS: My goodness.

BOLLING: We sent books forward, and we sold out every single copy of the book. People are so engaged.

GUILFOYLE: They're the best there, aren't they?

BOLLING: You guys are awesome at the Villages. Next picture, very similar.

GUILFOYLE: Love the Villages.

FRANCIS: Wow!

BOLLING: My good friend, Circe O'Gourke (ph) happened to be in central Florida and showed up. There it is, "The Five."

And this one. This is so special for me. I spent two days with Eric Chase before he goes off to college.

GUILFOYLE: Aw.

BOLLING: People were -- they're coming up to him. They wanted to talk to him. So engaging. It was fantastic.

And then this last one. That's the Vero Beach Book Center.

FRANCIS: Wow.

BOLLING: Phenomenal crowd also. Sold that one out, as well. People are ready to have their voice told. And guess what? Here's the way -- they're loving the way they're doing it with...

GUILFOYLE: So great. Congratulations. Very exciting. Excited to have you on tomorrow at 2 p.m.

BOLLING: On your show.

GUILFOYLE: On 2 p.m., in for Gretchen.

I have a really nice "One More Thing" today. This is patriotic and involves animals, Greg. So this is really interesting. So this happened in Minnesota. The day before the Fourth of July. And there's a little bald eagle. Can you show? There we go. Caught its leg in a piece of rope wrapped around a tree, and it's about 70 feet high. Nobody could do anything because of the height.

So Jason Galvin, a U.S. Army vet who did two tours in Afghanistan, noticed it; and he did something. See him right there? Twenty-two caliber rifle with a scope. He used his marksman skills to shoot the rope and branches. Bald eagle was able to fall down. It's going to make a full recovery, and it's going to live. He named it Freedom. Don't you love that?

OK. Also tonight, former Bush A.G. Michael Mukasey is going to join me at 7. I'm in for Greta tonight. And also tomorrow, like I said, Bolling on at 2 p.m. and Marco Rubio, as well. And then I'm going to be on "O'Reilly" at 8:30 and Dobbs today.

FRANCIS: Wow.

GUILFOYLE: Busy, busy, busy as a bee. OK. Juan.

WILLIAMS: No, it's Greg's turn.

GUILFOYLE: Greg.

GUTFELD: There you go.

(BEGIN VIDEO CLIP)

GUTFELD: Greg's Disturbing News.

(END VIDEO CLIP)

GUTFELD: Now if I told you that I had seen Batman and Robin and his sidecar motorcycle and Robin was actually a dog, you would go, "We need a breathalyzer" or "You are mentally ill and we're putting you away." But not is the case. Take a look at this.

Here you have Peter McMahon, Dana Perino's loving husband, and a dog named Jasper in a side car...

GUILFOYLE: Did they win?

GUTFELD: ... for Dana's Fourth of July parade costume contest. They won best pet.

You know what I hate about this? This puts a lot of pressure on other husbands. Because what kind of husband would go to this length to please their wife, to do this? I do the dishes and I think that I'm, like, the greatest.

GUILFOYLE: No, I know a couple who would.

GUTFELD: You know what's interesting? This dog has no idea what's going on.

GUILFOYLE: OK.

GUTFELD: And if he did, he would hide from the other dogs.

BOLLING: He's a good boy. He's a good boy.

GUILFOYLE: He loves it.

WILLIAMS: And by the way, take a look at The Wall Street Journal op-ed page. They've got a nice piece about education.

Anyway, I'm an old-fashioned kind of guy, as you might well know. I like it when sports stars stay with their teams and their fans. So this was a tough weekend for me to see that Kevin Durant left the Oklahoma City Thunder to go to the Golden State Warriors. I didn't like it when Tom Seaver left the Mets, when Pete Rose left the Reds, Willie Mays left the Giants. Didn't like it. And I don't like this.

And after LeBron James' terrible decision to leave Cleveland and his heroic return and the winning the championship, how is it possible that K.D. didn't get the message?

FRANCIS: OK. I want to make people feel better about all they ate this weekend for the Fourth of July. Nathan's hot dog eating contest, $10,000 if you win. Joey Chestnut broke the record, 70 hot dogs. Previous record, 69.

GUILFOYLE: Got to love it.

FRANCIS: "Special Report" is next.

GUILFOYLE: Yes.

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