Darrell Issa: FBI investigation a 'mess' created by Clinton

This is a rush transcript from "Your World," October 28, 2016. This copy may not be in its final form and may be updated.

NEIL CAVUTO, HOST:  All right, 11 days out from the election, and things have changed, an October surprise that surprised pretty much everybody, the FBI reopening an investigation into Hillary Clinton's use of a private server while secretary of state after discovering new e-mails.  

This isn't WikiLeaks stuffs.  This isn't stuff that came up post the investigation.  Apparently, it came up during a probe of former Congressman Anthony Weiner's sexting case, in a stunning turn of events here.  That was just part of the discovery in that case.  But these e-mails came to light.  

FBI agents then forwarded them to their director.  James Comey had a chance to review them and review that investigation, and concluded that he should reach out to key committee chairmen in Congress to let them know, I might have to go into this again.  

California Republican Congressman Darrell Issa, a member of the House Judiciary Committee, among those committees getting that heads-up.  

What is interesting about that, sir, is that there was no heads-up granted to anyone at the State Department, to apparently anyone at the White House or to anyone, we're told, in the Clinton campaign.  What do you make of that?  

REP. DARRELL ISSA, R-CALIFORNIA:  Well, based on what we have seen leaking out through WikiLeaks, they probably were informed and we will find that out years from now.  

But I think what is most interesting is, what we appear to have are e-mails not previously seen by the director, not seen in the investigation.  And I think the American people have to ask, after four years after Hillary Clinton left office, why is it she hasn't turned over the documents she was required to leave at the State Department by law when she left?

CAVUTO:  Well, what would it be, or what do you think it could be?  I don't want you necessarily just to speculate.  I understand that's tough.  But that would change the director's mind or have him do sort of a pride- swallowing about-face here?  

ISSA:  Well, as you say, it's hard to come up with the specifics.  

What I think we can safely know is, it is not just more e-mails, because you could read those and make a decision.  It has to be some information that is going to cause them to have to reach out to individuals, subpoena people, do depositions, something that would take a while, because I think if it was just reading and evaluating e-mails and saying, oh, by the way, we have got a few thousand more to add, they would have done that in a one- day announcement.  

So I do know in my heart that this is going to go on past the election at this point, because there have to be individuals who now need to be either examined or reexamined.  

CAVUTO:  So, that would include potentially Hillary Clinton herself?  

ISSA:  Well, wouldn't want to speculate, but, again, Neil...


CAVUTO:  But she was interviewed.  No, the reason why I mention it is, she was interviewed by the FBI already, and prior to the July 5 announcement on Mr. Comey's part that he wasn't going to recommend the Justice Department take any further action.  

That was based after only days earlier talking to Mrs. Clinton.  At the very least, it's possibly he has to revisit that.  This could be a mess.  

ISSA:  Well, it's certainly a mess created by Hillary Clinton.  She broke the law, a law that she advised others to obey when she was secretary.  

She destroyed 30,000 documents, many of which were recovered, but apparently not all.  And she continues to essentially not cooperate.  Even though she says she cooperates, I think the fact is that if she had wanted to get this behind her, she could have done it when I sent her a letter asking about, while she was still secretary, about whether she had a private e-mail, notifying her once again that there was a requirement not to do it on private e-mail, and for every e-mail that inadvertently becomes private, that they have to be made public to the State Department and left there.  

Had she done what she knew she should have done, she wouldn't be in this position.  Had she come clean early on, she wouldn't be in this position. And according to what you're saying, had her chief aide, Huma Abedin, had her husband done what he should have done, he wouldn't have those on his devices either.  

CAVUTO:  What does that tell you, the irony of a situation like this, that this could all turn on the basis of a sexting investigation into a former United States congressman?  

ISSA:  Well, that may be good for the news.

But, to me, the fact that President Obama was e-mailing back and forth to her private e-mail, and then he comes to my own district and says there hasn't been a single major scandal in his administration might be a better point.  

This is a major scandal, and it's a scandal of the making of Hillary Clinton.  It's a scandal that didn't have to be, because all she had to do was obey the law when she left Congress -- or sorry -- left the State Department, and it wouldn't have happened.  

It's not too late for her to -- essentially to stop digging a hole, but I suspect she will continue to provide information only when she has to, only when it's found in other places.  That's been a pattern of her whole life.  

CAVUTO:  Congressman, we will see.  

Again, the Hillary campaign has said -- the Hillary Clinton campaign has said up to now that they might have been sloppy, they did nothing illegal. But, again, today's developments could put a new wrinkle on that.  

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