Giuliani: FBI did 'irresponsible' investigation on Clinton

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

MEGYN KELLY, HOST, "THE KELLY FILE"; I think we should wrap early and give it to Sean.  He's got a theory.  He's going to bring it to you.  You have to wait five seconds, four, three, two, and take it away!


HANNITY, HOST:  I do have a theory.  We'll get to that.  Megyn, thank you.

And this is a "Fox News Alert."

By the way, Megyn, get home with the kids.  They deserve to see their mom.

Eleven days before the election of Hillary Clinton, now the Democratic nominee for president -- she's running.  She's now under investigation again by the FBI, the bureau announcing earlier today that it is now reopening the case into Clinton's private e-mail private server.

At this moment, Donald Trump -- he's holding a rally.  He's in Cedar Rapids, Iowa.  If he talks again about her legal issues, we'll dip into his remarks.

Plus, in just a few moments, former New York City mayor Rudy Giuliani, former prosecutor -- he'll be here with us, as well as former House speaker Newt Gingrich.

But first, on this busy news night, Ed Henry standing by in Washington.  He has the very latest on this new investigation which was reopened.

Ed, a lot now is coming into play.  Did she understand the "c" in terms of was "c" classified when there's no A, B and D?  Why did Bill Clinton meet with Loretta Lynch?  Then we have the whole issue why was there collusion with the Justice Department, the State Department and the White House?  And Wikileaks has revealed a lot, as well.  What do you got?

ED HENRY, FOX CORRESPONDENT:  They have.  Sean, a big development tonight is also a question hanging over the FBI as to how thorough their original investigation was because an FBI source tells me tonight that they are focused on thousands and thousands of e-mails sent and received by Huma Abedin, obviously, Hillary Clinton's top aide and also married to Anthony Weiner.

And it was only because the FBI was separately investigating Anthony Weiner over sexting that they were able to find, Wait a second, there's thousands more e-mails here involving Huma Abedin.

Now, were they sent to Hillary Clinton?  Were they sent to others in the Clinton campaign?  They're digging through all that.  Was it classified information or not?  They're digging through that, as well.  But why did they not find this in the first round of the FBI investigation?

It adds to the list of questions, including why Cheryl Mills, of course, another senior Clinton adviser, was given legal immunity.  The FBI director James Comey said at the time it was because he wanted to get to her laptop. We later learned that that laptop was destroyed.

Tonight, Hillary Clinton at a campaign stop in Iowa suggested she may be more nervous about this than expected because she held a news conference, something she very rarely does, and she issued a challenge to the FBI director, saying basically, Put up or shut up.  Put more information out.  
Let the public -- you know, be transparent and put more information out.

What's interesting about that is it's just 24 hours after the Wikileaks dump yesterday showed that even Hillary Clinton's top aides, Robby Mook and John Podesta, back in March of 2015 when the e-mail scandal broke in the pages of The New York Times did not know the full depth of the e-mail controversy.  They were e-mailing each other in real time saying, Did you know it was this extensive?  And Robby said, No, we had done a self-vet -- self-vetting, basically -- of the e-mail and were told all of it had been taken care of.

So the bottom line is Hillary Clinton tonight is calling for transparency from the FBI just 24 hours after we learned from Wikileaks she kept her own top aides in the dark about the extent of this e-mail scandal.  So this is a dramatic development tonight, Sean.

HANNITY:  Let me tell you a part of what my theory is.  I'm not sure I necessarily believe that this is related necessarily to Huma Abedin and Anthony Weiner, and I'll tell you why.  I think the FBI, especially James Comey -- under him, I know special agents.  They have been furious with his earlier statements on this particular case.  They feel the standard has been met, the 51 percent, the preponderance of evidence to go forward in this case, and that he should not have made the definitive statement he originally made.

HENRY:  Right.

HANNITY:  Now, let me put up on the screen just what Wikileaks revealed specific to the Clinton server.  For example, the co-chair of the transition team said the private e-mail server was was "f-ing insane."  
That's her own team saying this.  An aide wrote, There's just no good answer on the server scandal.  Podesta called Clinton's e-mail scandal a hot mess.  Podesta's daughter thought Clinton's, you know, comment to you, Wipe it like with a cloth, Ed, was kind of scary.  It goes on.

President Obama -- now, this goes right to the White House!  President Obama, who said that he heard about it from news reports, he knew about Clinton's e-mail server and private account because he was e-mailing her on it!

We know the campaign actually discussed withholding President Obama's e- mails back and forth with Hillary because of, quote, "executive privilege." Or were they really obstructing justice?  That's a question that needs to be answered.

The co-chair of the transition team said, well, they wanted to get away with it on the server scandal.  Cheryl Mills wrote, "We need to clean this up" after Obama lied to the American people saying he learned about it in the press.  The campaign discussed making a joke about the e-mail server scandal.  The campaign said the president's remarks about the server don't make sense.

The campaign colluded -- we learned this from Wikileaks -- with both the Department of Justice and the State Department over the released statements, and aides discussed strategies to turn over Clinton's e-mail server to the DOJ.

Now, we also have the other questions that we got.  Why was Bill Clinton meeting with Loretta Lynch on a tarmac?  Why did Hillary Clinton say she can't remember 39 times?  Why did she not know the "c" -- this is basic 101 classification -- when there's no A, B, D, X, Y or Z, why did she not know the "c" meant classified?  Why was the campaign colluding with the Justice Department and getting a heads-up on what was coming out?

There is much more here, and I suspect this is a lot deeper than just Huma and Anthony Weiner.

HENRY:  Sure.  And what did Huma Abedin tell the FBI when they interviewed her?  They interviewed her in phase one of this investigation.  If she said that she turned over all e-mails and now there are thousands more -- some of them could be duplicates, we should caution.  But if there are any new ones, especially new ones with classified information, she is on record in a deposition with the FBI saying, I've turned everything over, and now maybe there's more.  Obviously, there could be exposure for Hillary Clinton, as well.

Let's not forget she also was questioned at her home here in Washington by the FBI a couple of months back.  And so there's exposure at the highest levels of the campaign tonight, and that's why they're under such intense pressure.

HANNITY:  And I have so many other questions.  Is the FBI examining the truthfulness now of Hillary Rodham Clinton?

HENRY:  Right.

HANNITY:  She only had a three-and-a-half-hour interview with them, but Angelina Jolie -- she deserved a four-hour interview with the FBI.  But in light of this new evidence, could she have possibly lied to the FBI?  By the way, there was a guy by the name of Dennis Hastert.  He went to jail for that very thing.  He got convicted for that very issue.

Ed, thank you.  Appreciate it.

HENRY:  Great to see you.

HANNITY:  All right, tonight my question is, is anyone in America -- are you really surprised this has happened?  Now, if you've been following the facts like we have on this program, you should not be.  Let's start from the very beginning of this scandal.  Hillary Clinton has changed her story and purposely avoided telling the truth.  Let's take a look.


HILLARY CLINTON, D-PRESIDENTIAL NOMINEE:  The laws and regulations in effect when I was secretary of state allowed me to use my e-mail for work. That is undisputed.

It clearly wasn't the best choice, and I take responsibility for that decision.

I thought it would be easier to carry just one device for my work and for my personal e-mails instead of two.



CLINTON:  IPhone.  OK, in full disclosure...


CLINTON:  ... and a Blackberry.

I have a -- you know, an iPad, a mini-iPad, an iPhone and a Blackberry.

I believe I have met all of my responsibilities, and the server will remain private.

In order to be as cooperative as possible, we have turned over the server. They can do whatever they want to with the server.

I am confident that I never sent nor received any information that was classified at the time it was sent and received.

So that leaves the 100 out of 30,000 e-mails that Director Comey testified contain classified information.

I did not receive anything that was marked as classified.

Director Comey said that only three out of 30,000 had anything resembling classified markers.

HENRY:  (INAUDIBLE) did you wipe the server?

CLINTON:  What, like with a cloth or something?


CLINTON:  We turned over everything that was work-related, every single thing.


HANNITY:  A lot not true.  In the process of changing her story, Clinton claims she did nothing wrong when it comes to the mishandling of classified information.  But let's go back to July.  The FBI director, Comey -- well, this is what he said about it.


JAMES COMEY, FBI DIRECTOR:  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 contained information that was top secret at the time they were sent.  Thirty-six of those chains contained secret information at the time.  And eight contained confidential information at the time. That's the lowest level of classification.

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.


HANNITY:  All right, now, before James Comey made his recommendation not to bring about charges against Hillary Clinton, back in June, Bill Clinton met with President Obama's attorney general, Loretta Lynch.  That was on the airport tarmac.  And Bill Clinton allegedly boarded Lynch's plane.  He was on that plane for over 30 minutes, but Lynch claims, well, they were merely talking about grandchildren and travel.  How appropriate is that?

And just this week, we also learned from a report in The Wall Street Journal that a super-PAC for a major Clinton ally, Virginia governor Terry McAuliffe, donated more than a half a million dollars to the state senate campaign of the wife of Andrew McCabe.  Well, guess what?  He's the FBI director who oversaw the investigation into Hillary Clinton's e-mail server!  And by the way, Hillary raised money for that PAC.

And on top of that, we also note, thanks to Wikileaks, that the president exchanged e-mails with Hillary, meaning that he knew she wasn't using a government account.  He lied to all of you!

And other released e-mails show that Hillary Clinton's own staff was confused extremely concerned about what she had done.  Neera Tanden is the now co-chair of Clinton's transition team -- well, she said to set up the Clinton server was, quote, "bleeping insane."

And that's not all.  Despite Comey not recommending bringing charges against Hillary Clinton, when he testified before Congress back in July, Comey admitted that Clinton was not telling the truth about her e-mails. You may remember this exchange.


REP. TREY GOWDY, R-SOUTH CAROLINA:  Secretary Clinton said there was nothing marked classified on her e-mails either sent or received.  Was that true?

COMEY:  That's not true.  There were a small number of portion markings on I think three of the documents.

GOWDY:  Secretary Clinton said, I did not e-mail any classified material to anyone on my e-mail.  There is no classified material.  Was that true?

COMEY:  No, there was classified material e-mailed.

GOWDY:  Secretary Clinton said she used just one device.  Was that true?

COMEY:  She used multiple devices during the four years of her term as secretary of state.

GOWDY:  Secretary Clinton said all work-related e-mails were returned to the State Department.  Was that true?

COMEY:  No.  We found work-related e-mails, thousands, that were not returned.

GOWDY:  Secretary Clinton said her lawyers read every one of the e-mails and were overly inclusive.  Did her lawyers read the e-mail content individually?



HANNITY:  All right, there's also the fact that can't be ignored in all of this.  Three weeks after the Benghazi select committee sent a Clinton -- sent Clinton a subpoena in 2015 requesting that she turn over all e-mails related to the terror attack, an employee at the company that ran her server used BleachBit -- you know, the acid-washed her server in an effort to permanently erase e-mails on the server.

Joining us now -- he's been following this from the get-go -- is former New York City mayor, former prosecutor Rudy Giuliani.

All right, where do you want to begin because you just heard James Comey admit that the standard -- the standard in this case, which is negligent or grossly negligent -- not -- you don't even have to be negligent!

RUDY GIULIANI, R-FMR. NEW YORK CITY MAYOR:  (INAUDIBLE) admission (ph) of negligent and grossly negligent is extremely careless.


GIULIANI:  So Jim Comey didn't choose those words idly.  Those are the legal definition of what it means to be grossly negligent.  So when he said that, he essentially said there was evidence to prove that she violated the statute.  Also, the four or five times when he was answering Trey Gowdy's questions in which he pointed out that she lied to the FBI...

HANNITY:  Isn't that a crime?

GIULIANI:  Every single one!  That's what Martha Stewart went to jail for, for one of them, one...

HANNITY:  And he had five specific lies.

GIULIANI:  ... false statement.  Five specific lies, including one where...

HANNITY:  In multiple instances.


GIULIANI:  ... work-related e-mails were found when she said that there were no work-related e-mails -- a thousand!

HANNITY:  If I did this, would I be in jail?

GIULIANI:  Yes, I'd be visiting you now somewhere in Dannemora or...

HANNITY:  Would you bring me a cake with a file?

GIULIANI:  Yes, I'd visit you, Sean.


GIULIANI:  You know, it's one of the -- it's one of the -- it's one of the-- it's one of the great works that Jesus asked us to do during in the beatitudes.

HANNITY:  Yes, that's true.  All right...

GIULIANI:  Visit people in prison.

HANNITY:  Let me ask you this because they're saying today, and it broke after Comey made his remarks -- they're saying, Oh, this is related to Huma Abedin and e-mails and...

GIULIANI:  You know what this is related to?


GIULIANI:  It's related to the fact that they did a completely irresponsible investigation of this case.  If you read the 302 of her interview, it's absurd.  The FBI agent doing that 302 didn't follow up on anything.  You mentioned the "c."  He didn't follow up on that.  He didn't ask the question, was there was an A or a B or a D or an E or an F, to find out...


GIULIANI:  She also said that she didn't remember her exit interview from the FBI because she had had a concussion and she had lost her memory. There are no questions following that, which you would expect from an agent conducting an investigation and...

HANNITY:  She said she didn't remember being briefed about security, cybersecurity.

GIULIANI:  Yes.  No questions like, Well, how long did you lose your memory?  Where's the documentation for it?  Let's look at the medical records.  In other words, she was questioned as follows.  Did you commit the murder?  No.  Thank you.  And they walked out.

HANNITY:  What about the -- well, I don't necessarily know if it was technically immunity or a proffer arrangement, very limited in scope, but we know that there's a letter that was given -- we don't even know if one was given to Huma Abedin.  We know that in the process, evidence was destroyed in this case by the FBI as part of a deal!

GIULIANI:  A tremendous amount of evidence was destroyed by the FBI, by the people working for her.  They used extraordinary methods that only criminals use to destroy e-mails, acid, bleach.  They used hammers to destroy 13...

HANNITY:  She only used one -- she only used one...


HANNITY:  She did this for convenience.  But she had -- I thought it was 14.  Are you sure?  I thought it was 14.  My recollection is 14.

GIULIANI:  Well, I remember 13.  Let's say 14.

HANNITY:  But they busted it with a hammer!  They took acid...

GIULIANI:  Sean...


GIULIANI:  How can they all be missing?  They're all missing!  They're all gone!  It's hard to get rid of 14 or 13 cell phones.

HANNITY:  I have a friend of mine who's a special agent in the FBI.  I had a long conversation with him.  He said every fellow agent is disgusted with the way James Comey has handled this.  And here's what we also have discovered, that the guy Andrew McCabe, who was promoted FBI deputy director, who supervised this particular investigation, that Governor Terry McAuliffe, one of the closest allies...

GIULIANI:  Also the guy who was selling the Lincoln Bedroom.

HANNITY:  Right.  That's the guy.

GIULIANI:  You know, a decade -- a decade-and-a-half ago.

HANNITY:  Through his PAC Common Good, which Hillary raised money for, contributed -- this is again a total now of up to $675,000 to her long-shot congressional (sic) bid.


HANNITY:  Most congressional bids don't spend 675 grand.  That's one donation!  And how could he possibly investigate with a conflict of interest like that?

GIULIANI:  Well, I get two stories out of the FBI, OK?  One story is this came from the Weiner sex tapes and it's about Huma Abedin and did she send classified information to Weiner.  If she did, by the way, that would be a clear-out (sic) crime.  Let's see if she gets prosecuted.

HANNITY:  Let me put up on the screen as you talk, by the way -- you have identified on this program 16, if I'm not mistaken...

GIULIANI:  Yes, I did that about a year ago.

HANNITY:  Yes.  This is what we've been showing you.  These are the very specific things that you said back in the day ought to be investigated. These are real felonies, real crimes.  People really have gone to jail for all of these statutes!

GIULIANI:  Yes, well, I mean, the reality is that the report that Comey gave to us before he came to the conclusion that she shouldn't be prosecuted was a report that any prosecutor would have taken and -- taken before a grand jury, probably gotten an indictment.

And the evidence of intent is overwhelming.  The best evidence of intent are two things -- false exculpatory statements.  Well, she made at least a dozen of those, and you just showed them.  The second best evidence of intent is destruction of evidence.  Well, they were destroying evidence all over the place!

HANNITY:  That's the intent to commit a crime.


GIULIANI:  That's how I proved intent in the hundreds of cases that I prosecuted.  And the reality is that the first FBI investigation was a sham.  You don't interview somebody on a Saturday and put out a complete report on a Tuesday unless the report was written before you interviewed


HANNITY:  Mr. Mayor, let me ask you, very specific -- as we keep those laws up there -- 18 USC 1924, unauthorized removal and retention of classified documents.  Comey admits she did it.

GIULIANI:  She did it.

HANNITY:  That's a crime.

GIULIANI:  Absolutely.

HANNITY:  OK, gathering, transmitting or losing information, defense information.  That's 18 USC 793.

GIULIANI:  Did that, too.

HANNITY:  OK, by the way, imprisonment 10 years and/or $250,000 fine. Concealment, removal, mutilation...


HANNITY:  ... generally, 18 USC (INAUDIBLE)

GIULIANI:  ... mutilation, bleach.

HANNITY:  ... hammer.


GIULIANI:  That's mutilation.

HANNITY:  OK.  Destruction, alteration, falsification of records in federal investigations.

GIULIANI:  Well, she did that, too.  And then I put a couple extra in...

HANNITY:  All right, my final question...

GIULIANI:  ... including interfering in an IRS investigation in which she called -- went to Geneva to try to stop the IRS from getting the UBS secret identities of individuals.

HANNITY:  Let me put up on the -- what the...

GIULIANI:  Straight-out violation of another 18 U.S. code and a quid pro quo for the $3 million or $4 million they got from UBS.

HANNITY:  Let me put up on the screen again the Wikileaks revelations specific to the Clinton server.  They knew.  They knew from the beginning.

Now, here's my theory.  I think they used Huma Abedin and Anthony Weiner as an opportunity because the FBI, the Justice Department, the State Department and the White House are scared to death because all of them colluded individually with the Clinton campaign and gave them all a heads- up and they all protected the president, who was e-mailing on that very server and lied to the American people!  True or false?

GIULIANI:  Looks that way.  Looks that way.  I mean, it looks like you have a massive conspiracy here.  And this is almost now a truism, right?  The coverup is worse than the crime.

HANNITY:  Is this worse than Watergate?  Because I got to run...


GIULIANI:  ... although in this particular case, the crime was pretty bad, exposing national security information...

HANNITY:  All right...

GIULIANI:  ... to countries that we know can take it from us like that.

HANNITY:  Mr. Mayor, thanks for coming in.

GIULIANI:  For that, you shouldn't be allowed to get off.

HANNITY:  A lot more to come tonight.  We have reaction from former speaker of the House Newt Gingrich to today's breaking news.

That and more on this busy news night straight ahead.



DONALD TRUMP, R-PRESIDENTIAL NOMINEE:  They are reopening the case into her criminal and illegal conduct that threatens the security of the United States of America!



HANNITY:  Donald Trump earlier tonight, moments after the FBI announced that it is now reopening the investigation into Hillary Clinton's e-mail server.

Joining us now, the author of the best-selling book "Treason," former speaker of the House, FOX News contributor Newt Gingrich.

Mr. Speaker, good to see you.  I know you're in Woodstock, Georgia.  You had a big crowd tonight, like you have been having all around the country.

Let me get your general thoughts on this.  Also, do you believe Wikileaks and the revelations about the server contributed to this, although it's not being reported?

NEWT GINGRICH, R-FMR. HOUSE SPEAKER:  Well, let me start with what has happened that is extraordinary because it puts Director Comey in an impossible position.  He supposedly this summer had completed an investigation, and I agree with Mayor Giuliani, done so badly that he's now reopening it 11 days before a presidential election.

I mean, this is really amazingly bad for the Federal Bureau of Investigation which has historically been a very methodical, very professional organization.  So it raises 100 different questions.

But here's the key thing to remember.  In 1972, Richard Nixon carried 49 states.  He got 60.7 percent of the vote, the highest number, higher than Reagan in '84, highest number since World War II, and a year-and-a-half later, he was out of office.

The American people are about to have a candidate who is clearly going to be under criminal investigation for the entire first and second year of her presidency, if she can even survive it because what Wikileaks has really done is it has...


HANNITY:  I don't want to interrupt you.  As you talk about Wikileaks, let me put up relevant -- we'll put you on half the screen.  We'll keep your beautiful face up.  And on the other half of the screen, Wikileaks revelations specific to the server.  I'm sorry.

GINGRICH:  No, no, I love hanging out with you because as you're explaining you really don't want to interrupt me, you're interrupting me.  And everybody who knows the two of us by now knows that, you know, we've known each other a long time.


HANNITY:  I'm sorry.  I'm sorry.

GINGRICH:  But here's the core point.  And Andy McCarthy, who is one of the-- was the prosecutor for the 1993 World Trade Center bombings, is one of the leading experts on terrorism in America.

He has a column coming out in the morning where he points out this is a classic example of RICO.  RICO is the statute for going after organized crime, and he walks you through in his column in the morning, every single standard by which the FBI decides whether or not they're dealing with a conspiracy to commit organized crime.

And by every single standard that you would apply to the Mafia or the Mexican drug cartel or any other group, the Clinton family business is, in fact, a corporation engaged in organized crime.

They violated the law by misusing the office of secretary of state.  They have violated the law by trading on -- on -- to get money in ways that were totally violative of being a nonprofit.

I suspect the IRS will be forced to revoke their entire nonprofit status, which will mean all of their donors have to pay taxes on what they thought was a tax-deductible contribution.

HANNITY:  Look at the Russian uranium deal for one, all the people that made money.  Look at that Haitian deal!  Look at the Moroccan deal.  I mean, look at the AP pointing out that 55 percent of the individuals that had access to then secretary of state Hillary Clinton are all donors or all people that pledged.  You pay money, you get -- they had the separate list after the Haiti earthquake, friends of Bill, Clinton Foundation donors so they could cash in on the contacts from the money that they raised to help the people so that they can then kick more money back to the Clinton Foundation.  I mean, this is outrageous!

GINGRICH:  If you go back and -- Well, you go back and look at how many people Rudy Giuliani put in jail when he was the U.S. attorney in New York City and you ask Rudy if he could prepare this case with the full power of the federal government, how confident would he be that he would get multiple convictions.  And I think he'll tell you that he would go to any jury in the country...

HANNITY:  He said I'd be in jail.

GINGRICH:  ... and it would be virtually impossible...

HANNITY:  Before you came on, he said I'd be in jail.

I won't play it again, but look at what Trey -- let's go back to FBI Director Comey.  And he gives a 15-minute statement.  For 13 of the 15 minutes I'm sitting there like everybody else, saying, Oh, my word, if you will, he's going to pull the trigger.  And then he backs off at the last minute.

Then he gets grilled by Trey Gowdy.  Trey Gowdy gets him to admit that, in fact, she lied when he said she never sent or received classified information on her private e-mail.  He got her (sic) to say that what she said was not true.  Gowdy asked if there was nothing marked classified on her e-mails -- was that true when she said that?  Comey's words, "That's not true," and then a series of six other things.  So how...

GINGRICH:  Look, anybody who destroyed government information by using BleachBit, which is an expensive, sophisticated design, in order to block anybody, even the FBI or the National Security Agency from being able to figure out what was on the computer -- that is on the face of it a crime in a situation where they have taken information from the U.S. government and they have now destroyed it.

Now, just by itself, that's clearly a crime.  You cannot make any reasonable argument that Hillary Clinton and Bill Clinton are not engaged in a series of crimes which for anybody else would blow up.  And of course, what's now happened -- and you asked me earlier what I think.  You know, the truth is -- as you point out, I just have a new novel out.  If I were a novelist and I tried to write...

HANNITY:  No one would believe it.

GINGRICH:  ... that the case was almost stopped, and then -- then Anthony Weiner's sex problems with a 15-year-old in North Carolina gets the FBI to look at Anthony Weiner's material, and they discover looking at his material that his wife, Huma Abedin, has thousands and thousands of e- mails...

HANNITY:  I'm not sure I believe it.

GINGRICH:  ... which I suspect -- oh, I do.  I think it was comingled on the home computer.


HANNITY:  That's a strong possibility, and that's what's being reported. But I also think there's a Wikileaks component here, and I think that James Comey realized this was going to be the single most embarrassing scandal in the history not only of the FBI but electoral politics, and he used that opportunity to reopen it to save face because he probably realizes what Wikileaks has is devastating to his decision-making.  Right or wrong?

GINGRICH:  I think that's right, and I think all of us should join John Podesta in demanding that the FBI release everything by Monday.

Why shouldn't the American people see all of these e-mails?  

HANNITY:  Every one.  Every one, absolutely.  

GINGRICH:  Hillary has assured us none of them involved secrets, so let's take her at her word.  None of them involved secrets.  They should release every single e-mail by Monday.  

HANNITY:  I want to get to this other issue with Terry McAuliffe and money raised by Hillary and the PAC that went to Andrew McCabe's wife who is running for Congress, and he's the guy that was running the investigation. Unbelievable.  We'll have more with Newt Gingrich after the break.  

Also, Judge Jeanine Pirro, Doug Schoen, Jay Sekulow, and much more on this busy news night. Tonight, the presidential election hangs in the balance, 11 day to go.



TRUMP:  In very brief remarks tonight, Hillary Clinton tried to politicize this investigation by attacking and falsely accusing the FBI director of only sending the letter to Republicans.  Another Clinton lie.  As it turned out, the letter was sent to both Republican and Democratic leaders in Congress.  The FBI would never have reopened this case at this time unless it were a most egregious criminal offense.  


HANNITY:  Donald Trump reacting to today's big breaking news, some October surprise, I guess, but the FBI now reopening its probe into Hillary Clinton's private e-mail server.  

It's not the only problem for the Democratic nominee this week.  On Monday we learned that Obama premiums are going to be skyrocketing next year by double digits in every state.  And WikiLeaks, they continue to release damning e-mails allegedly from the inbox of Clinton's campaign chairman John Podesta.  With 11 days to go in the race, how badly is this going to hurt Clinton at the polls.  

Back with us, former speaker of the House Newt Gingrich.  I do think there's a lot to absorb here.  I've been telling you this now for a couple of weeks especially as it relates to WikiLeaks.  And we keep putting up on the screen and giving you only half the screen, you deserve the whole screen, but to show the public all that we're discovering that nobody else is reporting on.  

Let me go to one specific issue here.  That is Andrew McCabe, promoted to FBI deputy director, supervised the investigation into the Clinton e-mail server scandal not long after Governor Terry McAuliffe, close, close ally, Clinton sycophant, governor of Virginia, of the commonwealth.  He had a PAC, Common Good, contributed, according to reports, up to as much as $675,000 for a long shot congressional shot of Mr. McCabe's wife Jill.  And it's also reported that Hillary raised money for the PAC.  It's almost like Hillary is giving her the money.  This is the wife of the FBI deputy director that's investigating this?  There's something -- that in and of itself --

GINGRICH:  Look.  

HANNITY:  Go ahead.  

GINGRICH:  You have John Podesta going to dinner -- we still don't have the full list, with various Justice Department figures.  As you pointed out in the last segment, you have Bill Clinton meeting in a private secret meeting with the attorney general on an airplane in Arizona the week his wife is supposed to be interrogated.  

McCabe at a minimum should have recused himself from anything that had to do with Hillary Clinton.  I mean, you can't quite decide whether Washington is just now so decayed that people have lost all sense of right and wrong and all sense of how to do things properly, or whether in fact it's straight out corruption.  I mean you really don't know which is going on in some of these cases.  

But it's clear when you add all of the pieces together that any realistic, honest assessment is that there's a cesspool of corruption that involves lots of people getting lots of money.  Remember, you look at the amount of money Raytheon made out of several of the lobbyists who raised lots of money for Hillary and Hillary intervened as secretary of state to help Raytheon get billions of dollars in contracts.  You look at the amount of money involved in the Russian uranium deal.  We're talking here about the stuff of novels and movies, except it's real.  

And I think that as it keeps coming out, and I agree with you, by the way. I think WikiLeaks will maybe in a year or two years, somebody will finally piece it all together and make sense of it.  It is such an enormous volume of insight into the sickness and corruption of the Clinton system that to really piece it all together would take more time than we're going to have between now and the election.  

HANNITY:  Let me play Hillary Clinton's ever changing story on the issue of her server, because I think this is profound.  You can listen to her contradict herself left and right here.  Remember, she had 14 devices -- 13?  All right, 13 devices.  Judge Jeanine is next to me here.  Let me play the ever changing story.  



CLINTON:  The laws and regulations in effect when I was secretary of state allowed me to use my e-mail for work. That is undisputed.  

It clearly wasn't the best choice, and I take responsibility for that decision.  

I thought it would be easier to carry just one device for my work and for my personal e-mails instead of two.  

UNIDENTIFIED FEMALE:  IPhone or Android?  


CLINTON:  IPhone.  OK, in full disclosure --


CLINTON:  And a BlackBerry.  I have an iPad, a mini iPad, an iPhone, and a BlackBerry.  

I believe I have met all of my responsibilities and the server will remain private.  

In order to be as cooperative as possible, we have turned over the server.  They can do whatever they want to with the server.  

I am confident that I never sent nor received any information that was classified at the time it was sent and received.         
So that leaves the 100 out of 30,000 e-mails that Director Comey testified contained classified information.  
I did not receive anything that was marked as classified.  
Director Comey said that only three out of 30,000 had anything resembling classified markers.  

UNIDENTIFIED MALE:  Did you wipe the server?  

CLINTON:  What, like with a cloth or something?  

We turned over everything that was work related, every single thing.  


HANNITY:  No, you BleachBit -- you acid washed it, number one.  But let's add a couple of other things, Mr. Speaker, in light of all of those contradictions, the many --

GINGRICH:  Can I stop you just one second.  What's really striking, because I'm sitting here in Woodstock listening.  I'm really focused on what I'm hearing.  She -- it's not just that she lies.  She lies with an arrogance and a certainty that the greatest actors on Broadway would admire.  

When you listen to the tone of her voice, you know she's lying, but she's lying with such arrogance and she's driving it so hard, and it doesn't matter what she's saying.  She has the same tone even as she's saying a lie about the lie she told earlier which was the lie she started with.  It's an astonishing personal trait.  

HANNITY:  Remember Bill Safire, worked for the The New York Times, called her a congenital liar, and it was such an outrage.  Think of other things here.  And I've got to go, but the quid pro quo now takes on a whole new meaning.  Not understanding the "c" classification when there's no a, no b, no d, x, y, and z, takes on new meeting.  Bill Clinton meeting with Loretta Lynch on the plane takes on new meaning.  The collusion that WikiLeaks described between the campaign and the Justice Department, the campaign and the State Department and the White House and talking about destroys evidence because, oops, Barack Obama lied and got caught and they've got to clean it up.  This is so deep --

GINGRICH:  I know --

HANNITY:  Yes.  

GINGRICH:  I know we're about to run out of time.  I told you folks, I want to bring four young people out here for a very specific reason.  These are just good Georgians.  I want everybody watching tonight to understand, this is about them.  You got to get closer.  This is about them.  

HANNITY:  Get close to uncle Newt.  Give uncle Newt a hug.  

GINGRICH:  He's saying give uncle Newt a hug.  Ignore him.  


GINGRICH:  But my point, Sean, is, and you've got kids, and you understand this.  

HANNITY:  I do.  

GINGRICH:  We forget, this is about whether our children and our grandchildren live in a lawless country like Venezuela where the powerful rip off everybody and lie about it, or whether we reestablish for these folks the rule of law so that they can grow up in a country called America where once again everyone is equal under the law.  

HANNITY:  Their parents for 11 days have an opportunity to take their country back.  Let's see what they do.  Mr. Speaker, to you and those four great kids, it's all about them.  Thank you for being with us.  

When we come back on this busy news night, we'll have more reaction with our panel, Judge Jeanine Pirro, Doug Schoen, Jay Sekulow, all here, and more breaking news on the special edition of "Hannity" straight ahead.  



TRUMP:  I have great respect for the FBI for righting this wrong.  The American people fully understand her corruption, and we hope all, all justice will finally be served.  



HANNITY:  Donald Trump campaigning -- I was talking to Doug Schoen -- earlier today in Maine where he praised the FBI for reopening its criminal investigation into Hillary Clinton after new e-mails were discovered during the bureau's sexting investigation into Huma Abedin's husband Weiner.  

Joining us now with reaction, the chief counsel for the American Center for Law and Justice, Fox News contributor Doug Schoen, the host of "Justice with Judge Jeanine," Judge Jeanine Pirro.  Judge, you've got a lot to say. Why are you laughing?  

JUDGE JEANINE PIRRO, "JUSTICE" HOST:  I'll tell you.  I can't believe for one minute, Sean, that this is about something they found in the investigation of this pedophile Huma Abedin's husband.  I think it's deeper than this.  I think there's more than this that's involved, because for Jim Comey to come out 11 days before a presidential election, and understand --

HANNITY:  It's got to be big.  

PIRRO:  It's got to be big.  Now, big in the sense that they could arrest her, they could indict her, they could send her to jail, they already had that.  But the FBI has already destroyed the evidence.  They've given everyone immunity.  They've basically said, oh, forget about it, it's no big deal.  They had her by the short hairs.

HANNITY:  Why is it -- because of WikiLeaks.  By the way, I misspoke. Gateway Pundit had reported via Russia today, a reporter in London reported that Julian Assange would release e-mails that could provide enough evidence to get her arrested.  WikiLeaks is watching.  They actually called and told us, no, that was from some time ago and that's not true.  So I apologize.  Want to make sure we get everything right.  

Jay Sekulow, from the legal side, you and I have discussed at length in detail the crimes that we know were committed here.  We were both shocked at what Jim Comey did.  Why is he reopening it?  Is it in part because of WikiLeaks, and are they not telling us, are they using the Huma Abedin- Weiner e-mails to obfuscate what is an opportunity, they have been shown up by WikiLeaks in a lot of ways and probably fear that they may be embarrassed further?  

JAY SEKULOW, CHIEF COUNSEL, AMERICAN CENTER FOR LAW AND JUSTICE:  I've said from the beginning that the investigation by the FBI and the Hillary Clinton email scandal was a full investigation, a fake investigation. Obviously that's the case, because whether it's WikiLeaks, which it well could be, or whether it's information from Huma Abedin -- ask yourself this question.  How did the FBI not ask for and demand Huma Abedin's personal e- mail accounts as well as her --

HANNITY:  How did they agree to destroy evidence of other people.  Who destroys evidence in a case?  

SEKULOW:  By the way, that is called obstruction of justice if anybody else did it.  Sean, here is what needs to happen.  Tonight, a grand jury needs to be impaneled, number one.  Number two, a special prosecutor needs to be appointed immediately.  Number three, James Comey, Loretta Lynch, and deputy director of the FBI McCabe need to not be involved in this process. A lot of people are praising James Comey because he opened it up.  Let's cut the nonsense.  This whole thing is ridiculous.  

And I'll tell you something.  You know this, Sean.  I've been critical when I thought Donald Trump was off point and off message, but this goes beyond politics.  Doug will address that.  This goes to the heart of our constitutional republic.  And you don't do this in the United States of America.  So if they reopened it, whether it's WikiLeaks, whether it's Huma Abedin, it has to be really significant.  And I think 11 days out, even though these FBI directors are saying we're just looking at it, for them to do this, it has to be big.  


DOUG SCHOEN, FOX NEWS CONTRIBUTOR:  Hillary is going to be elected.  She's been under criminal investigation by the FBI for the bulk of the campaign and, you know, she's had a steady lead.  It's a11 days out.

HANNITY:  She may get elected.  But if crimes are committed, maybe before she gets into office she's going to be indicted.  May while she's in office she's going to be indicted.  What, does Barack Hussein Obama give her a pardon as he leaves office?  He could.  Does she give herself a pardon?  

SCHOEN:  All of that could happen.

HANNITY:  Really?  Is that what you want for your country?  

SCHOEN:  I want her elected.

HANNITY:  Wait a minute.  

PIRRO:  Don't waste your time.  She's not going to get elected.  

SCHOEN:  Yes, she is.   

PIRRO:  The independents right now are going to say I have Clinton fatigue. I am so sick and tired of all of these scandals.  With the Clintons, whenever they go, there is dirt.  They're a cesspool of corruptibles.  

HANNITY:  Let me ask you this.  Trey Gowdy got James Comey to admit crimes before his committee.  

SCHOEN:  It didn't affect the polls.  

HANNITY:  We've got collusion WikiLeaks revealed between the campaign of Hillary, the Justice Department, the State Department, and the White House.  

PIRRO:  That is why I say --

HANNITY:  And the president lied, too.  

PIRRO:  There is more to this.  The FBI --


PIRRO:  You know what, if you don't this, we are going to revolt.  This is a case that demands a grand jury, a subpoena --


SCHOEN:  We're not going to get a grand jury.  We're not.  

SEKULOW:  I think we're on the precipice of a constitutional crisis if a grand jury is not empaneled and this is not handled correctly within our judicial system.  We are --    

HANNITY:  I agree with you.  What did you think, Jay, of Comey?  Remember, we watched Comey, 13 of the 15 minutes, I'm saying oh, my.  He's going to pull the trigger, he's going to go forward with a recommendation --

SEKULOW:  Yes.  

HANNITY:  -- to the Justice Department to indict her.  He pulls back at the end.  

SEKULOW:  Yes.  

HANNITY:  Then he gets nailed by Trey Gowdy in committee and Trey Gowdy gets him to admit, yes, she committed a number of crimes and lied a number of times.  Now we find out even more about all of this.  And then we've got Terry McAuliffe, gets money from Hillary, raises for her PAC, gives to the guy that is in charge of the investigation.  This is not a banana republic, Jay.  We are constitutional republic.  The rule of law should matter. There shouldn't be two sets of laws for everybody watching this show and Hillary Clinton.  And that is what it seems to be.  

SEKULOW:  So Ben Franklin famously said "It's a constitution republic, madam, if you can keep it," when he was asked what kind of government we have.  The question that I think the American public is asking themselves tonight is, are we going to be a constitutional republic?  Because at the end of the day, Sean, what James Comey did today by reopening it --  

HANNITY:  Did he do it to save his own ass and reputation?


PIRRO:  This is Comey standing up and saying I am here as a champion of justice.  


HANNITY:  WikiLeaks was going to expose the fraud.  

SCHOEN:  He has to explain.  He owes it to us to explain.

HANNITY:  Why not have a special prosecutor?  

SCHOEN:  I would be against it now until he explains what he is doing.  

PIRRO:  He can't.  

HANNITY:  He can't --


SCHOEN:  A special prosecutor to look at the FBI.  It's outrageous.

HANNITY:  Programming note, Judge Jeanine, Saturday night, Sunday night, 9:00 p.m., "Justice with Judge Jeanine."  Don't miss it.   


HANNITY:  That is all the time we have left.  A few other questions.  Is the FBI going to look into the truthfulness if Hillary Clinton lied to the FBI?  Did new evidence reveal this?  By the way, is Weiner maybe an FBI witness?  Will Hillary promise not to pardon her top aide to the Clinton Foundation?  Will Hillary Rodham Clinton agree that in the event she's indicted she'll resign if she ever won?  

We'll see you Monday.  Have a great weekend.  We'll see you, eight days to go.


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