All-Star Panel: Reaction to latest in Clinton e-mail controversy

This is a rush transcript from "Special Report," March 11, 2015. This copy may not be in its final form and may be updated.


JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: As it relates to compliance with the Federal Records Act, Secretary Clinton and her team say that they have taken all of the personal e-mails that were related to her official business as the secretary of state and provided them to the State Department so that they could be properly archived and maintained. There's ongoing work there to process those records and make sure that they are properly stored, to make sure that they can be properly provided to Congress in response to requests.


BRET BAIER, ANCHOR: The White House today answering more questions about Hillary Clinton's e-mails in that press conference yesterday. Back with the panel.  Mara, it seems like the White House is saying we are done with this. But we're probably not done with this for quite some time.

MARA LIASSON, NATIONAL PUBLIC RADIO: Well, the White House can distance itself. The White House has abided by the rules. Hillary Clinton is going to have to keep on answering these questions, and it's clear she, you know, wishes she had had two devices and she didn't. Now I think the next move is up to Trey Gowdy.  Is he going to subpoena the server, you know, and ask that it be reviewed by some neutral third party, as he suggested.

Whether even if she had two devices, this still would be happening because she is the one who would decide what from her personal e-mail gets to be turned over to the State Department. As long as she is the person responsible for making those decisions there is always going to be the question of what she hasn't turned over. And does the House of Representatives want to subpoena the personal e-mail trove to go through it themselves?

BAIER: Well, here is another aspect to this, and that is that Hillary Clinton said at this press conference that most of the e-mails she sent went to servers because she was e-mailing State Department employees about all of this stuff and she says it's largely covered. However it has been uncovered that her aides Huma Abedin and chief of staff Cheryl Mills both had private e-mail accounts. In other words, Hillary Clinton could have been e-mailing them and it wouldn't have been picked up.

LIASSON: Or any number of people with private --

BAIER: Here's our colleague Steve Hayes who talked about this this morning.


STEVE HAYES, SENIOR WRITER, THE WEEKLY STANDARD: This is the key point. Yesterday she said, look, when I was doing State Department business, I was e-mailing to people who on the receiving end of her e-mails had emails addresses and therefore the e-mails, the documents would have been retained. What this suggests is that others were using non e-mails, their personal e-mails. And if they communicated with her in that manner, those e-mails will be lost unless they are compelled to provide them.


BAIER: We're so proud that we used a callup SOT from him, but Yochi, what do you think?

YOCHI DREAZEN, FOREIGN POLICY: I think there are two parts of this that remain unanswered to me. One is, as Steve mentioned, she said that she was doing this to archive them. She also said she discussed nothing classified under personal e-mail. But if she is discussing over e-mail to people with addresses who do use classified e-mail and classified subject matter, that means it's almost two steps removed. It's that she herself is asking the decision not to ask anything, and they are making decisions not to tell her anything.

There's also a category of foreign government information. This is its whole separate legally defined category for classification threatening communication with a foreign leader. So, now she is saying she had none of those by e-mail and that with her aides she trusted that they would archive them and that nothing with any of those aides was classified. There are roughly 80 million documents, 80 million that are classified by the government every year. So the notion to my mind with that much over- classification that she had nothing that she would consider classified is sort of hard to square.

BAIER: Let alone the crossover, Charles, between the possible connection of these stories, the Clinton Foundation funding and the e-mail controversy. One could imagine that there might be Clinton Foundation e-mails from governments that maybe didn't cross over to the bin that was State Department business.

KRAUTHAMMER: And that's because she is the one, the only one who decides what is government business and what is private. And do you really want to trust her judgment? No one has asked her yet whether in the criteria that her staff used before destroying the 30,000 e-mails they decided that the communications about the Clinton Foundation and the contributions of other governments was a private or public issue. I suspect it was all deleted but we won't know. She needs to be asked. And the AP is now suing her, suing the State Department. That and the Congressional committees are going to force ultimately revelations.

BAIER: I have got to go. Down the road, political problem for her?

KRAUTHAMMER: Ongoing for a long time.

LIASSON: Yes, I agree with that.

DREAZEN: And substantive.

BAIER: That's it for the panel. But stay tuned for some surprising moments from yesterday's press conference you may have missed.

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