RUSH: I just got an audio sound bite here from Michael Mukasey, who is the former attorney general. He was an AG during the George W. Bush administration. He was on Coast to Coast with Cavuto on the Cavuto Fox Business Network talking about the FBI investigation into Hillary Clinton and her private e-mail server. And of course, I mean, you recall everything that we have been told about this. We've been told there are 150 FBI agents tracking this down.
The latest, by the way, that we have on this is that Clinton aides -- and if this is true, I don't know why there hasn't been an indictment yet. If this is true, that her aides were cutting and pasting classified documents and attaching that to e-mails sent to her private server. Cutting and pasting! I mean, you could argue that that knowingly is worse than strictly passing on the e-mails, or stripping the markings off. Some of that you could claim you didn't see, inadvertent, but to cut-and-paste classified intel would mean that you have to know you're looking at classified intel. Gone is the excuse that it was inadvertent. Gone was, "Ah, I didn't notice it." Gone was, "Well, the markings were taken off of it." Gone is the excuse, "Well, it's an innocent mistake."
This is purposely sought out, and to have it identified and cut-and-pasted into other e-mails. And don't forget Mrs. Clinton's e-mail server is being mirrored to an e-mail server over at the Clinton Crime Family Foundation, further clouding or blowing up this whole notion of security and giving greater indications of what the real purpose for this was.
So here's Mukasey, who was being interviewed by Cavuto, and he said, "Let's say the FBI recommends taking action against Secretary Clinton." This is the thing that we heard over the weekend, that the FBI is getting close to recommending that Department of Justice make a move on Mrs. Clinton. So Cavuto says, "Let's say the FBI recommends taking action against Secretary Clinton and the Department of Justice does not follow suit, then what?"
MUKASEY: Then I think you get the kinds of dramatics we got at the time of Watergate with resignations, and I don't think it's gonna come to that. It's huge. I don't think that this is gonna end happily for Mrs. Clinton, given the kind of evidence and the amount of evidence that we've already seen: being top-secret data, being her clear knowledge of what was there, and her instruction to people to send classified material in an unclassified setting.
RUSH: Right. That's part of the whole cut-and-paste story. Take it out of the secure e-mails and paste it into e-mails that she's sending -- I tell you what, you know what that is? I mean, that is a purposeful, willful desire to send classified data over unsecured -- so she could send it to people not qualified. That's what that means.
She's got donors, big donors, they could be from any corporation, they could be from any entity around the world, it could be from, say, the government of San Cordoba, pick a country. I made that one up. There actually isn't a San Cordoba. The mission impossible crew saved it back in the sixties on one episode. I've never forgotten the country of San Cordoba. They produced rich Corinthian leather there.
Anyway, somebody from San Cordoba would love to see some top-secret intel. Mrs. Clinton can send it to 'em because they want to see it, and they've donated. So she goes to people, says find it, cut-and-paste it, take it out of there. In a way, something like that would be done to hide. If she sends classified e-mails from her server over her own network and it's ever discovered, I mean, that's a direct violation. To avoid doing that, that's an effort to remain undetected. "Oh, no, I never sent classified e-mail to the president of San Cordoba, not once."
And technically that's true, until somebody cut-and-pasted whatever would have been of interest to the president of San Cordoba and Mrs. Clinton pasted it in just a standard, ordinary, "How you doing today, Mr. President" e-mail. "Oh, by the way, you might be interested in knowing that," and then they paste in the intel. She's passing it on.
This is deathly serious. This just keeps getting worse. Mukasey is right. But here's the thing. My friend Andy McCarthy wrote extensively of this on Saturday at National Review Online. And that is the FBI can do nothing but investigate. The FBI cannot charge you. The FBI cannot indict you. The FBI cannot arrest you. The Department of Justice has to issue warrants for all of that. The grand jury indicts. So this is what he was being asked by Cavuto. So what's gonna happen? Well, what has to happen here is that the FBI has to convince Loretta Lynch, which means convincing Barack Hussein O, that what they've got in terms of evidence is such that they can't let it slide, they can't just sweep it away. This really, really serious stuff.
And if Loretta Lynch says, "You know what, we're not indicting." The FBI is paralyzed. Nothing they can do. Now, they could call the media and surreptitiously leak stuff if they wanted to. But in terms of actual law enforcement, they say "lar" in New York, not law, but law enforcement, they can't do a thing. They collect the evidence, they turn it over, they recommend, they cajole. In most cases the FBI's investigating at the request of a United States attorney, or somebody else in the DOJ, or maybe they're investigating independently based on tips they've got, but they can't indict, they cannot arrest, and they cannot charge.
And it's an important point only -- I mean, it's not big news to anybody, but there's some people thinking what's the FBI waiting on here if they've got all this evidence? It's not up to them. That's why there are grand juries. Grand juries indict. Now, sometimes a prosecutor can charge without a grand jury. But in many cases, a prosecutor who doesn't want to charge, there's public pressure, mounting pressure to charge a suspect with something, and the prosecutor, for whatever reason, doesn't want to. "Okay, off to the grand jury. And we'll present evidence in such a way." I mean, they get what they want out of the grand jury. It's the standard operating -- you've heard the old saw that they can indict a ham sandwich if the prosecutor wants, that the grand jury's just a rubber stamp.
But, by the same token, if a prosecutor doesn't want to indict, they can present the case to the grand jury, make it look like there's really nothing here. I know you're seeing things in the news and this, but this is all we've got. I'm gonna leave it up to you. You get as a true bill or no true bill. That's an indictment or no indictment. Oftentimes a prosecutor, when he wants no fingerprints on it, will go to the grand jury one way or the other, for an indictment or not for one. Sometimes you don't have to get an indictment, but in many cases be something like this, you'd have to have a grand jury involved. And I don't know that there is yet. Could be.
You know, they're shrouded in secrecy, until they're not, 'til somebody leaks, like they told us when Bill Clinton lost it when asked by that sex pervert, Ken Starr, how he used the cigar on Monica. So we all watched that testimony, and there wasn't anything. There was nothing to it. We were totally set up by a bunch of phony leaks. So we all know those things happened. But Mukasey here, if he says that there's overwhelming evidence, then he's eminently credible here. You'd throw him in there, even rank him higher on the credibility chart than you would Joe diGenova who has also said this.
This cut-and-paste information, it is really, really serious. And it's all gonna come down to Obama, I guarantee you. I hate to oversimplify it, or to simplify it, period, but if Obama doesn't want her indicted or charged, then that's what's going to happen. Now, how they get there, whatever public relations, marketing, whatever they take into account so that they don't slime themselves in the process, who knows. But we know that there is a double standard. All these IRS people, Lois Lerner, not a thing happened to her, not a single thing.
And I guarantee you, if the day ever comes that a Republican president has an IRS that's denying Democrats tax-exempt status and that's ever discovered, there is going to be hell to pay, and whoever at the IRS runs that operation is gonna be strung up in public, fingernails ripped out in public, and then maybe an arm or leg cut off in public. The Democrats will see to it that it happens. Just another evidence of how the GOP, another bit of evidence about how they didn't fight back or try to stop any of that.
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