State Dept.: 'No record' of Clinton separation form

This is a rush transcript from "Special Report," March 17, 2015. This copy may not be in its final form and may be updated.


JEN PSAKI, STATE DEPARTMENT SPOKESWOMAN: We have reviewed Secretary Clinton's official personnel file and administrative files and do not have any record of her signing her OF-109. In addition, after looking into their official personnel files, we do not locate any record of either of her immediate predecessors signing this form.

UNIDENTIFIED MALE: Is this, as far as you are concerned, is this now case closed?

PSAKI: I hope so. There is quite a bit going on in the world.


BRET BAIER, ANCHOR: Well, it took quite a while to get that answer from the State Department, but fourth time is a charm. And they said they have no record that Hillary Clinton signed the OF-109 form, the separation statement declaring that employee has accounted for all records under the penalties of perjury. We are back with our panel. George, what do you think?

GEORGE WILL, SYNDICATED COLUMNIST: This is going to go on for a very long time, come down to custody fight on congressional committees for access to the server. There is a fascinating piece in The Wall Street Journal today saying that the destruction of the 30,000 e-mails can be construed as anticipatory obstruction of justice. The law professor who wrote this was a colleague of Hillary Clinton's on the Watergate Committee, and he is saying there is a reason why Richard Nixon, a lawyer, did not destroy the tapes, because it would have been a crime. And so we're going to have a lot of speculation all of which will be death by a thousand cuts to the sense that Hillary Clinton is either inevitable or desirable as a candidate.

BAIER: Here is what Judge Napolitano looked at this and said this afternoon.


JUDGE ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: By her diversion of all records that she used or received as secretary of state, records including documents and electronic communications, e-mails, away from the government and into her husband's server, she not only concealed documents from the government but she prevented the Freedom of Information Act from working.


BAIER: So Mara, what about that?

MARA LIASSON, NATIONAL PUBLIC RADIO: Yeah, I agree with George. I think this goes on and on. I think there are three committees now on the House side that are going to look into this. They are going to try to get the server, and they are going to basically see if they can recreate the e-mails that she says she got rid of, the 30,000 e-mails, to see what's in them.

Now, what the House Republicans can't tell us is exactly what they are looking for. They are looking for something that's embarrassing or maybe it's about Benghazi. But I think this is going to go on and on. I think today's story about signing the exit form or separation agreement, I don't think that's a big deal. It doesn't sound like Colin Powell or Susan Rice -- Condoleezza Rice signed it either.

BAIER: They didn't have their own e-mail or server.

LIASSON: That's true but they didn't sign the agreement.

BAIER: Colin Powell had his own private email but did not use it exclusively from what we understand. Charles?

CHARLES KRAUTHAMMER, SYNDICATED COLUMNIST: And he didn't have a server in the basement. This is really an elaborate scheme, very obvious, not done for convenience but done to conceal. And that's what this is all about. George is right. She burned the tapes. And, obviously as her defender, James Carville said you don't want Louie Gohmert, meaning a Republican member of Congress, going through her e-mails. That's the point, not convenience. It was to prevent the Republicans or really the government, the Freedom of Information Act, the public from looking at her e-mails which is required by State Department regulation. A departing official, I will read you, must ensure that all record material that they possess is incorporated in the department's official files. And if you don't, if you willfully remove or destroy the records, the penalty can be fines, imprisonment, or both.

BAIER: But, Charles, when you hear them say this equivalence of Colin Powell and Condoleezza Rice, we can't find their signed OF-109s either what do you say?

KRAUTHAMMER: It's not the OF-109. It's the entire scheme that she did to remove the files, to burn the files, essentially. And it wasn't her job to decide what's private or not. Once you leave the government, it is clear that the regulations are that the department archivists are the ones who decide what is government and what is not. And she decided and then acted to destroy the files.

BAIER: Last word, George.

WILL: The Democratic Party is the oldest political party in the world. It guided this country through two World Wars. It shaped the modern American state. It's such as exhausted volcano that all it has to offer in 2016 is this.

BAIER: We will see. Al Gore? That's it for the panel. But stay tuned for a lighter story on this very heavy news day.

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