Did the FBI botch the Clinton email investigation?

'The O'Reilly Factor' analyzes the latest on the politics of the scandal

This is a RUSH transcript from "The O'Reilly Factor," September 8, 2016. This copy may not be in its final form and may be updated.
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O'REILLY: Factor "Follow-Up" segment tonight. Did the FBI blow the investigation into the Hillary Clinton email situation? Last night I've told you, I have revised my opinion on Director James Comey because he released some very important information about Hillary Clinton last Friday afternoon before Labor Day when few would see it. That was a political move. And even though I gave Mr. Comey the benefit of the doubt in the email investigation itself, I can no longer do so.

Today, a Wall Street Journal editorial lays out a very specific mistakes the FBI made in the investigation while Comey has released the memo to bureau employees defending himself.

Joining us now from Washington, Ronald Kessler, author of the book, "The First Family Detail" now out in paperback. And Ron Hosko, former assistant director of the FBI.

Did you work with Mr. Comey at the FBI, way before him?

RON HOSKO, FORMER ASSISTANT DIRECTOR OF THE FBI: I worked with him for about eight months.

O'REILLY: Okay. So the documents released last Friday is what really turns me not against Comey, I think he's a patriot, but now I think he's a political player and undo influences being put upon him by the Obama administration. And we all know, we in the media that if you out something out Friday before long Holliday weekend, you're trying to deemphasize it. All right? And I thought that was not what the American people are entitled to. Where am I wrong?

HOSKO: Well, I think it's a fair question, Bill. But I do think you're wrong. I believe that because it was happened in this case, we have seen a sequence of extraordinary events to include the director's comments about the email scandal, without prior notice to DOJ on the substance. The recommendation not to prosecute by the director. And in effort to be transparent that has gone from that to four plus hours of testimony on the hill.

O'REILLY: Yes. But why did he put the stuff out on Friday afternoon when he know nobody is seeing, why?

HOSKO: Yes. Here's why I think that occurred. I believe this has been a continues since his testimony, to package up the information about this investigation, frankly the summary communication about the investigation is to me extraordinary. I've never seen it done before. Even though there are redacted parts, he is purging --

O'REILLY: You don't really answer my question about -- Mr. Kessler, I want you to take crack at it. Friday afternoon after Labor Day, everybody knows they don't want people to see it why they do it.

RONALD KESSLER, AUTHOR, "THE SECRETS OF THE FBI": This may come as a surprise. But FBI agents are human beings. And like the rest of us, we like to finish our work by the end of the week before the Holliday weekend.

O'REILLY: Come on! Come on! They put it out Thursday, it's the FBI, the discipline bureau. They could have said, I needed Thursday, I needed Thursday afternoon too.

KESSLER: No, that would have been manipulation to influence public opinion. He put out when I was ready.

O'REILLY: How did you know that? How do you know he put it out? How did you know he didn't put it back --

KESSLER: Well, because I just know, you know, human nature is such that --

O'REILLY: So, you are citing human nature --

KESSLER: And so they'll speed up where they'll put more effort to get something out before the weekend.

O'REILLY: All right. Mr. Kessler, you know, I've read your books, pretty sophisticated guy. That answer is not sophisticated. Nobody is buying it. Everybody knows that this dump on Friday afternoon was a planned dump so people would not write about it and talk about it over the weekend. And the media was all on the beach.

All right. Let's get into the Wall Street Journal today. Their big point Mr. Hosko is that Hillary Clinton was interviewed at the end of the investigation, in a very brief manner when she should have been interviewed in the beginning. And, you know, as a former FBI agent that's the way it's usually done.

HOSKO: Well, I'll tell you, I personally done it both ways where you may early on has reason to get to that person and can't get to them in a state where they are unaware that your comment --

O'REILLY: Well, I wasn't going to be this time. But you have to prepare what she says to what the evidence comes in if you want to establish intent. And that was not fun.

HOSKO: Absolutely. Well, I hear what you're saying --

O'REILLY: Thank you.

HOSKO: I've seen it done the other way to, Bill --

O'REILLY: All right. But it's not the right way to do it.

HOSKO: No, I'll tell you here. Let's not kid ourselves. We should be no under illusion that this is going to be an aggressive hit lamp, smoky room, you know, angry raise voices interview --

O'REILLY: No.

HOSKO: She came in there with --

O'REILLY: We expect methodical investigation, this one, I don't believe was. Mr. Kessler, I give you the last word. Go.

KESSLER: Well, it wasn't methodical in the sense that of course they wants us to gather all the evidence before they confronted her. That is normally the way that it is done.

O'REILLY: But they can do too.

KESSLER: This kind of investigation.

O'REILLY: They can get her record up top and they can compare the evidence they accumulate and then bring her back to confront her with it. You know that.

KESSLER: Also, there is misinformation from Jim Kallstrom, a former agent who is well respected. Claiming that they should have recorded the --

O'REILLY: Sure.

KESSLER: He know that --

O'REILLY: All those things should have been done.

KESSLER: Unless someone is in custody. He said that --

O'REILLY: This is such a high level that the American people, we're talking about a president, a possible president here.

All right. Gentlemen, I want everybody to read the Wall Street Journal lead editorial. And we appreciate you guys debating. It was very interesting. Thank you.

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