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Lawyers debate whether Clinton should still be charged over emails

NEW YORK, NY - NOVEMBER 18:  Federal Bureau of Investigation (FBI) Director James Comey speaks at a global cyber security symposium at the Federal Reserve Bank of New York on November 18, 2015 in New York City. During the event Manhattan District Attorney Cyrus Vance, Jr. called for a better way for government agencies to access private data in an effort to fight crime.  (Photo by Andrew Burton/Getty Images)
Federal Bureau of Investigation (FBI) Director James Comey speaks at a global cyber security symposium at the Federal Reserve Bank of New York in New York City.
(
Andrew Burton/Getty Images
)
Listen 15:44
Lawyers debate whether Clinton should still be charged over emails

After concluding its investigation into Hillary Clinton’s private email server, FBI director James Comey recommended criminal charges not be brought against the former Secretary of State.

But the Justice Department will make that final call. We debate whether any charges should still be brought against Secretary Clinton and what would have risen to the level of criminal prosecution.

Guests:

Edwin Smith, Professor of Law, International Relations and Political Science, University of Southern California; He also served as special counsel for foreign policy to United States Senator Daniel Patrick Moynihan

Tom Fitton, President of Judicial Watch, a conservative foundation that promotes transparency and accountability in government, politics and law. It has filed an amicus brief supporting the rights of states to not recognize same-sex marriages