New developments in Hillary Clinton pay for play scandal

This is a RUSH transcript from "The O'Reilly Factor," August 12, 2016. This copy may not be in its final form and may be updated.
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ERIC BOLLING, FOX NEWS HOST: Hi, I'm Eric Bolling in for Bill O'Reilly. Thanks for watching this O'Reilly Factor "Special Election 2016."

We begin with new developments in Hillary Clinton's so-called pay for play scandal and the cozy relationship between her State Department and the Clinton Foundation. In the latest twist, we have learned that four years ago Cheryl Mills, then a top aide to Mrs. Clinton at the State Department, went to New York to interview candidates for a job at the Clinton Foundation. The State Department now claims the trip in question was for personal travel and not paid for with government funds and that it complied with ethics laws. But it comes on the heels of revealing new emails showing the Clinton Foundation big wig trying to pull strings at the State Department.

Joining me now from Washington, Tom Fitton, president of "Judicial Watch" which broke the e-mail story. So, Tom, we had you on a couple of days ago talking about the other dramatic events with Clinton Foundation being tied to the State Department. Here we are on the heels of yet another one. Now, the Clinton Foundation -- I'm sorry, the Clintons and the State Department both say that Cheryl Mills didn't actually secure that job for someone in New York. Does it matter?

TOM FITTON, PRESIDENT, "JUDICIAL WATCH": No, it doesn't matter. Mills went to New York to volunteer for the Clinton Foundation, even as Mrs. Clinton said that she would keep the State Department and Clinton Foundation business separate. Yet, her chief of staff is involved in hiring Clinton Foundation officials and, of course, Ms. Mills was also vetting requests from the Clinton Foundation we know separately because they were running a speaking engagements by her and her colleagues there.

They were running all sorts of other requests for conflicts checks with Bill Clinton and the foundation. And she is involved in hiring people at the foundation. Did she disclose that conflict to her colleagues at the State Department? I doubt it. This is more evidence of a conflict of interest and misconduct and it calls, again, into question as to why the Justice Department isn't already hasn't aggressively pursued a criminal investigation as to what was going on there.

BOLLING: So, Tom, do you think -- and they are basically three levels of this. It's either politically foolish to do. This it's either or it's ethically wrong to do this. Or the third one being illegal to do this. Where do you think that these things lie?

FITTON: Well, the illegal is the open question. The only get the answer to that assuming a competent, independent investigation. There is no doubt the ethics agreements and rules were violated and broke. Whether those violations rise to criminal violation, I don't know but you've got to get the investigation going in order to answer that question. And we don't have one yet as best we understand it, there are conflicting reports as to whether one is open. But I guarantee you this. This is all going to contribute certainly this latest revelation is going to contribute to the pressure for another criminal investigation into the conduct of Mrs. Clinton at the State Department.

BOLLING: Well, we have heard now -- unconfirmed but we have heard there are three offices of the FBI that recommended a wider investigation be open and that the Department of Justice said, they weren't ready to do that. Any confirmation of that? And hey, if there are more of these emails that come out, do you think that they may rethink that?

FITTON: Yes. I think more emails are going to come out for sure. And on top of that and there are other reports suggesting they're already investigation ongoing. Of course, FOX News previously reported that there was an investigation. So, I don't know if we can buy all of these reports that there is no investigation going on out there because I think the administration has acted as defense counsel and promoter for the Clinton campaign. You see this in the State Department trying to explain away all these apparent conflicts and violations of the rules without any explanation.

BOLLING: So, Tom, I don't have a lot of time. But I'm just role playing this through. And so, this is all going on. Now, someone in the White House had to say, I don't like this cozy relationship between state and the Clinton Foundation. No one ever blew the whistle on that?

FITTON: I wonder if the White House knew about it. Mrs. Clinton, by the way, promised this wouldn't take place because people were concerned about it. And it's the only reason she got the job by making the promise to be a bright line between the foundation and the State Department. And within months her foundation, her family foundation and the State Department are working together and now we know her chief of staff was involved in hiring officials at the foundation. Absolute violation or ethics pledge and I would be interested to know to your point, did the White House know about what was going on?

BOLLING: Well, you wrote a book about that. I think Obama and Clinton scandals. And that's coming out. Is that right?

FITTON: That's right. It's called, clean house exposing our government's secret and lies coming out later this month. Thanks, Eric.

BOLLING: All right. Tom, thank you so much.

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