FBI Director to Face Congress; Clinton Changing the Subject?
WOLF BLITZER, CNN HOST: Happening now: Called to testify. The FBI director will face members of Congress tomorrow morning about a stunning rebuke of Hillary Clinton's e-mail practices and the decision not to recommend criminal charges. This hour, I will ask the Republican in charge of the hearing what he hopes to accomplish. Changing the subject. Hillary Clinton is staying silent about the results of the investigation for a second day. She's choosing instead to trash Donald Trump's business record. Can she continue to ignore the e-mail uproar? Attack and praise. Donald Trump is firing back at Clinton and seizing on the FBI's findings. Is his message being overshadowed by his surprising rant about Hussein, giving kudos to the Iraq dictator for killing terrorists? And deadly encounter. Another video surfaces of an African-American man shot and killed by police while pinned to the ground. Tonight, new details on the case in Baton Rouge, as federal authorities take over the investigation. We want to welcome our viewers in the United States and around the world. I'm Wolf Blitzer. You're in THE SITUATION ROOM. We're following breaking news tonight. Another video surfaces of a fatal police video in Baton Rouge, Louisiana, as the Justice Department opens a civil rights investigation. A 37-year-old African- American was repeatedly shot while pinned to the ground outside a convenience store. The new video obtained by CNN raises serious questions about whether Alton Sterling threatened police with a gun. Also this hour, new backlash over the FBI investigation of Hillary Clinton's e-mails. The FBI director, James Comey, will testify before a House committee tomorrow about the decision not to recommend criminal charges. There's still no public comment from Hillary Clinton about the FBI probe or its finding that she was extremely careless in handling classified information. Clinton went to Atlantic City today to showcase Donald Trump's failed casino and multiple bankruptcies. Also tonight, Donald Trump is defending his business record and narrowing his vice presidential search. He's campaigning with potential V.P. choice Newt Gingrich, while another contender, Senator Bob Corker, has taken himself out of running. Our correspondents and analysts, they are also standing by with full coverage of the day's top stories. Up first, let's go to our senior Washington correspondent, Jeff Zeleny. He's in Atlantic City with more on the e-mail controversy. Jeff, Hillary Clinton, she seems determined to try to move on.</s>JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT: Wolf, she is trying to press ahead to define and discredit Donald Trump. Today's installment came right here in Atlantic City, where she's trying to draw that narrative of a string of bankrupt businesses that he's had over the years. But as she was raising those questions, Republican on Capitol Hill have questions of their own. They will be asking them tomorrow about the private e-mail server when the FBI director returns to Capitol Hill.</s>ZELENY (voice-over): Hillary Clinton is trying to keep a laser focus on Donald Trump.</s>HILLARY RODHAM CLINTON (D), PRESIDENTIAL CANDIDATE: Donald Trump says he's qualified to be president because of his business record.</s>ZELENY: Visiting Atlantic City today, she hoped to spotlight the fallout from a string of his bankrupt businesses.</s>CLINTON: What he did here in Atlantic City is exactly what he will do if he wins in November.</s>ZELENY: But her trip was overshadowed by fallout of her own over the FBI investigation into her handling of classified e-mails. House Republicans are calling FBI Director James Comey to Capitol Hill on Thursday, asking why he recommended no charges be filed against Clinton, despite saying she was extremely careless with how she handled some of the nation's top secrets on her personal e-mail server.</s>REP. PAUL RYAN (R-WI), SPEAKER OF THE HOUSE: We have seen nothing but stonewalling and dishonesty from Secretary Clinton on this issue. And that means there's a lot more questions that need to be answered.</s>ZELENY: Speaker Paul Ryan said Clinton and her advisers should not be allowed classified briefings during the campaign.</s>RYAN: Given how she so recklessly handled classified information.</s>ZELENY: Republican Jason Chaffetz, who chairs the Oversight Committee, called the FBI recommendation surprising and confusing. He said: "The fact pattern presented by Director Comey makes clear Secretary Clinton violated the law." Trump also seizing on Clinton's e-mail issues, but Republicans in Congress suddenly feeling less helpless in the campaign, finding a fresh way to take on Clinton. A senior Clinton adviser tells CNN the campaign welcomes the hearing, noting Democrats will also be able to question Comey about why he recommended no criminal charges. While Clinton ignored the controversy for a second straight day on the campaign trail, her previous explanations are now drawing new scrutiny.</s>CLINTON: There is no classified material.</s>JAMES COMEY, FBI DIRECTOR: Even if information is not marked classified in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.</s>ZELENY: He said eight chains of e-mail contained top-secret information, the most sensitive classification. On the boardwalk today, Clinton was fixated only on Trump, standing beneath the blazing sun, just to show the shadows of the failed Trump Plaza.</s>CLINTON: Donald Trump once predicted it will be the biggest hit yet. Now it's abandoned. You can just make out the word Trump where it used to be written in flashy lights. He had the letters taken down a few years ago, but his presence remains.</s>ZELENY: Trump pushed back, defending his investment on the Jersey Shore. He tweeted: "I made a lot of money in Atlantic City and left seven years ago. Great timing, as all know. Pols made big mistakes. Now many bankruptcies."</s>ZELENY: Now, just a short time ago, Wolf, the attorney general has released statement saying she will accept the recommendation from the director of the FBI. Let me read you the statement, Wolf. It says: "Late this afternoon, I met with the FBI director James Comey, and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton's use of a personal e-mail system. I received and accepted their unanimous recommendation that the thorough, years-long investigation be closed and no charges be brought." Wolf, no surprise here. She already said she would accept this recommendation, but by the attorney general saying this, this puts at least one close on it, but tomorrow on Capitol Hill, House Republicans have so many more questions And, Wolf, one final political note, that Bernie Sanders-Hillary Clinton first joint meeting, it may be coming next Tuesday in New Hampshire. Early talks are under way from both sides to have a joint appearance next week. These details are still being worked out. But I'm told that could happen as early as next week, Wolf. But, tomorrow, all eyes on Capitol Hill -- Wolf.</s>BLITZER: And didn't Hillary Clinton and Barack Obama eight years ago have their first big event in New Hampshire as well? You remember that, right?</s>ZELENY: I do, Wolf. It was in the small town of Unity, New Hampshire, a very, very small town, picked for a symbolic reason for the word unity. But you have to wonder if the time for exact unity has passed a bit. She's already been out with Elizabeth Warren. Yesterday, of course, she was out with the president. On Friday, Hillary Clinton will be out with the vice president. Bernie Sanders hardly getting top billing here, but they are eager to get him on their side. And one concession that was made. The Clinton campaign agreed today to that essential free college plan that Bernie Sanders has been talking about for so long. The Clinton campaign has been giving some as well here. But they are eager to unify this party and start taking on Donald Trump -- Wolf.</s>BLITZER: Getting back, Jeff, to the statement that was just released by the attorney general, Loretta Lynch, no charges will be brought against any individuals within the scope of the investigation, because, yesterday, we heard from FBI Director James Comey he was recommending no charges be brought against Hillary Clinton, but now she seems to be going one step further. None of Hillary Clinton's aides apparently will be charged as well, right?</s>ZELENY: Which is important, because some of those top aides from the State Department, Jake Sullivan, Huma Abedin, of course, a longtime adviser, are key advisers in the presidential campaign as well, Wolf. That is absolutely significant going forward here. Speaker Paul Ryan said earlier today that he believes the campaign should not get classified briefings. Those will automatically happen once she becomes the formal nominee after the controversy in Philadelphia later this month here. But just because Speaker Ryan says so, that does not mean anything at all here. She will get the classified briefings. It's key that her aides will not be charged as well there. That's one thing that she was holding out hope for, Wolf.</s>BLITZER: Donald Trump, once he's the official Republican presidential nominee, he will get daily intelligence briefings as well. The exact same information they provide to the Democratic nominee will be provided to the Republican nominee. That's the tradition once the conventions are over. Once again, the headline right now, Loretta Lynch, the attorney general, she has accepted the recommendations of her FBI director that no charges be filed against Hillary Clinton or anyone else involved in this year-long investigation. The statement also says, Jeff, it was a unanimous recommendation of these career professionals who conducted this investigation. This is a pretty significant statement from the attorney general.</s>ZELENY: It's certainly is a significant statement. But I think it's just sort of amplifying what the director of the FBI said yesterday, when he said these career prosecutors, including himself, who of course is a Republican and served in the last Republican administration, that he reviewed this, he said the credibility of the FBI is on the line here. She certainly was just accepting his recommendation, as she said she would. Wolf, legally speaking, this is over. That's a relief for the campaign. But politically speaking, it's not over at all. Those harsh words from the FBI director yesterday which we will hear again tomorrow on Capitol Hill are going to reverberate and cause political issues. I have talked to several top Democrats aligned with the campaign and supportive of the campaign who say they were taken aback by this. They just assumed that there were not classified e-mails in there. And in fact there were. Wolf, politically, this is not over at all. But legally speaking, it is over. And that's certainly important -- Wolf.</s>BLITZER: All right, Jeff Zeleny with the latest news, breaking some important news for us. Thank you very much. Let's bring in our political experts right now, get reaction. Our senior political correspondent, Brianna Keilar, is with us, our CNN correspondent Sunlen Serfaty, our CNN political director David Chalian, and our senior legal analyst Jeffrey Toobin. Very significant statement, Jeffrey, from attorney general of the United States. Let me read it once again for our viewers to digest. "Late this afternoon, I met with the FBI director James Comey, and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton's use of a personal e-mail system. I received and accepted their unanimous recommendation that the thorough, years-long investigation be closed and no charges be brought." Legal, from the legal standpoint, it ends it.</s>JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Absolutely. And I think it's also very significant that James Comey is the one who really led the charge in this direction. This is going to be widely perceived as a Comey decision, not a Loretta Lynch decision, which I think is fortunate for Hillary Clinton, because there were a lot of ties, including the now infamous airport tarmac meeting between Loretta Lynch and Bill Clinton. But it was Bill Comey -- it was Director Comey, not Loretta Lynch, who really made the decision here. He has a lot more credibility on Capitol Hill, especially with Republicans. They may try to attack him, but he's going to be a difficult target tomorrow.</s>BLITZER: From the standpoint of charges, it's over with, legal charges, David Chalian, but from the standpoint of politics, it's by no means over?</s>DAVID CHALIAN, CNN POLITICAL DIRECTOR: No. It's going to be with us all the way through November. There's no around that for Hillary Clinton at this point. And, quite frankly, it's already taken a pound of flesh in politics terms out of her abilities to answer this question about trust, honesty. These are issues that she, herself, has acknowledged she has problems with. Listen, tomorrow not only will Republicans try to sort of press Comey on why no charges, how can you have this scathing attack on what she did, but no charges, but you're also going to have the Democrats, tomorrow, start to begin, because they're going to get to ask questions too, to try to provide some cover for Hillary Clinton and put into context from their perspective some of the questions that remains. None of that will solve the issue that Hillary Clinton is still going to have to speak about this at some point. She hasn't done so yet.</s>BLITZER: She will at some point. Presumably, she's waiting until after this hearing. James Comey, the FBI director, will testify tomorrow before this House committee. He will be asked some pretty serious, pretty tough questions. Presumably, after that at some point, she is going to have to meet with a reporter or reporters and start answering some of these questions.</s>SUNLEN SERFATY, CNN NATIONAL CORRESPONDENT: Absolutely. Without a doubt. She's been deflecting questions on the campaign trial when yelled in a rope line situation, a more informal situation out on the campaign trail. But very clearly the Clinton campaign understands they are going to have to put her out in some sort of formal interview process where she can point by point start to deflect some of these questions in a formal way, start to answer some of the questions and pivot to move on. That's what they're hoping for.</s>BLITZER: What are you hearing, Brianna?</s>BRIANNA KEILAR, CNN SENIOR POLITICAL CORRESPONDENT: The thing is for Hillary Clinton, though, she can't really change -- I don't think we will hear some entirely different way she's addressing this, because the original sin of her e-mail controversy was that it was a move that avoided transparency. When people are asking why isn't she more transparent about this, she can't be and it's of her own creation. Right? She made this move and she said from the jump that this was about convenience. She's going to stick to that. She's going to say that this was a mistake. She's going to say that if she had it to do over, she would have done it differently. The strategy is going to be contrition. She also struggles with that at times. But we have seen recently that she is trying to explain herself more. She's trying to go, really just to greater lengths to do that. Maybe you will see more of that. But I don't think her explanation will be a whole bunch different than we have seen.</s>BLITZER: Jeffrey, explain from a legal standpoint, because you keep hearing now Hillary Clinton's critics, Republicans, saying she should have been charged of what's called gross negligence.</s>TOOBIN: Right.</s>BLITZER: The FBI director himself said she was extremely careless in handling sensitive classified information during her four years as secretary of state. What's the difference between extremely careless and gross negligence?</s>TOOBIN: It's very hard to define the difference. The short answer is gross negligence is worse. But these are distinctions, frankly, that even lawyers have a hard time understanding. I think the more important point that Director Comey made was that if you look at all the circumstances and if you look at the history of prosecutions under this statute, he said in effect that the only cases that had been brought under this law were situations when an individual intended to violate the law, not gross negligence cases, cases where people knew something was classified, gave it to people who were unauthorized to receive it. Also, he said that the classic case of prosecution here involves people who made false statements, who tried to cover up the fact that they were involved in wrongdoing. That's what happened in the David Petraeus case. David Petraeus initially lied to the FBI, which is a very different situation from Hillary Clinton's position. That's really...</s>BLITZER: Does it make any difference if you made false statements to the FBI? That's clearly illegal, but David Petraeus, the then CIA director, did, talking about his particular case, as opposed to issuing false statements to the American public?</s>TOOBIN: As a legal matter, it's a huge difference. There's no criminal penalty for lying to the American public. Can you imagine how full the prisons would be of politicians?</s>TOOBIN: But it is a crime to lie to the FBI, as Martha Stewart learned and many others who lied to the FBI and went to jail.</s>BLITZER: Don't lie to the FBI. That's a bottom line. All right, guys, stand by. We're continuing to follow the breaking news. Also the breaking news that Jeff Zeleny reporting, as early as next week, there might be that joint appearance, Hillary Clinton and Bernie Sanders in New Hampshire, of all places. Much more coming up right after this.