. >> here's what i'm trying to get at did anybody give two nickles to try to ensure that when a foia request came in or a subpoena came in or a litigation demand came in that the people had the documents to which they were entitled? she thinks they're hers, they're not, they're mine, yours my audience's. she had them hoarded on her server in chappaqua or wherever it was and i wonder if anybody in state did anything to ensure the public had a right to access to them. >> the majority of her e-mails were with state dot-gov e-mail addresses. we took additional steps here at the state department to send a letter last fall to former secretaries in order to make sure we have an accounting for or records of these documents. >> okay. was state involved at all in setting up that server? >> i don't have any information on the server. i don't have any information to suggest that but that was i believe about six years ago it must have been. >> i know that you've said a lot you know, about what former secretaries have done and so on and so forth. don't you believe that the secretary of state shoul

by the way, we have foiaed that form as well and we're waiting on an answer. >> well, you know and this is where the clinton case and the pal and rice cases are not analogous. because neither of those previous secretaries did what hillary clinton did. they didn't have a private e-mail server through which they handle all their official business. so the question isn't as key as it is in this case where she's under penalty of perjury would have had to fill out that form that said yes, i surrendered all the documents. so as i say -- and of course jen psaki comes out and she's days late in answering these questions and information dribbles out and so on. you know, i have to say and this is jen psaki i'm sure is a fine young woman with a very bright career ahead of her, but she seems way out of her depth at times in that job. and she didn't come out of a background in diplomacy in the state department. she came out of a background really in politics as a spokesperson. and typically in the past megyn, the people who have been the spokesperson for the secretary of state have had the title of a

so if you had an inquiry and you wanted to send a foia request, how would you know what to ask because both accounts are being used? >> what is the hearing before your select committee going to happen? >> i have maintained all along -- i want it to be a constructive conversation which means i need all the document. i need the state department to give me the none-mails. this is going to necessitate us talking to her more than once. i have a lot of questions about the before during and after benghazi. but i'd be a lousy lawyer if i asked any of those questions before i had some assurance that i had all the documents necessary to ask constructive questions. >> will you subpoena all those documents from her private e-mail account, assuming the 55,000 pages are not everything and they might be everything as far as we know, we don't know, right? >> well we're going to use every bit of legal recourse at our disposal to make sure -- if you look at the resolution that says all policies all activities all decisions and the word "all" is a big word. if i'm going to be able to do what my colleague

. >> circumvented foia. that's exactly right she's done so successfully. >> like the kid who kills his parents and then begs for mercy on the grounds he's an orphan. we had no obligation to produce the documents, they weren't in our possession. why weren't they in your possession, state department? because the secretary of state ran away with them. how can it work? >> what's really ridiculous about what doj has told the courts is, hey she gave us everything. we don't have any reason to doubt her. >> right. >> right? >> right. they're talking about the documents she just recently produced. and how we're supposed to take her word that was everything. we'll get to the server in a second. meantime, chris, she came out in a statement yesterday to a journalism group i've heard people laughing, i don't know what to think of this. you watch it and you tell me. >> i am all about new beginnings. [ laughter ] a new grandchild, another new hairstyle -- [ laughter ] >> -- a new e-mail account. [ laughter snflt [ . >> why

when they do it privately and use their own money and own server, you can't access that stuff through foia. there is a shield. in order to get that information you really need a federal subpoena. >> right. but a subpoena through congress as well is possible is all i'm saying. now you have at least two different republican chairman saying they are trying to get at. there was another big disclosure today with jen psaki that i think is new as well. she said look it wasn't until this past february that we started automatically archiving emails for state department why is that significant. former secretary hunk a lot of this on the idea okay i used a personal account but i knew i was emailing my aides who had state department accounts and i was assuming it was all being captured for record-keeping. now jen psaki late on a friday afternoon says well, actually, we didn't start automatically archiving a lot of that until a few months ago. after secretary clinton had left office does that raise questions about what she said a few days ago. >> ed it's been well reported, even well documented that th

hers have to be in this special server, separate and far away from the foia requests. >> which is why i want to hear her explanation. there is no excuse for it and at least that i can see or imagine, so if there is she needs to get out in front of it. >> that's right. i think this has got to change some assumptions around the emerging campaign, around the time line of this. this is a very small personal staff it was not equipped for the firestorm that hit her right now. and they have to be. because the questions are out there. she is for all intents and purposes a candidate. and is going to be treated by the media as such. it's going to be on her to explain this. >> panel, thank you, nice to see. >> you thanks greta. >> tonight more concerns whether hacker could say have infiltrated former secretary of state's hillary clinton personal email account. secretary clinton playing down some of those risks in a 2011 interview. >> how many people have your personal email address? do you use your blackberry a lo the? do you like technology? are you good at it. >> i'm okay for someone of my gen

the agency gave the report to the wall street journal by mistake as part of a foia request. an eclipse in europe in germany that halted output from solar panels. they provide 40% of the country's power. grid operators switched to natural gas and coal to make up. in sports, some bracket busting in the ncaa tournament. for the first time in 20 years, two teams seeded 14 beat the number three seed. georgia state stunned baylor. the coach's son nailed a three point shot with less than three seconds to go. georgia state trailed by 12 and scored the last 13 points of the game. alabama birmingham knocked out iowa state. vegas loved the game. tom: underdogs. i was mediocre. the only thing constructive i am ahead of the president in brackets. brendan: here we go. a lot of coaches get raises just to make it into the tournament. even teams that are leaving. olivia: this is an unusual way to start march madness. less than 1% of all brackets filled out 273 out of 11.5 million brackets are still intact. that is not. brendan: stephen f. austin -- tom: it is like a lottery. olivia: it is a

remember there have been foia requests, requests for documents about all of these communications that go back a long tomb that were never answered -- a long time, and judges said, well, there just wasn't the material there. now this opens up a whole different aspect of things, and this one form stuart, the of 109 form believe it or not, is kind of the linchpin now of when she signed it or didn't sign it. either way, they have to come up with an answer soon. stuart: and that's the legal basis -- i'm not going to call it a scandal, but the signing or not signing of that form is the whole legal framework on which this scandal is built, isn't it? >> well, it's part of it, definitely. i mean, the form essentially says that you agree that you haven't taken documents that should be in the public record and that you are certifying that all of the documents have been turned over to somebody in some way. if she did sign it, then she perjured herself and if she didn't sign it, then why not? [laughter] so it's either way it's a problem. that said, there are other questions about this. number one

remarkable you so we also release in response to the foia request for court of north you can access it from the ipad here today. >> is somebody sees it outside their window in their filming family members in the backyard right now handed individual could call or go to a website to find out who owned the drone of? river we have the information who has been authorized to use in what airspace whether or not that was authorized i cannot tell you right now but it is to is authorize those records are available. >> our people authorized you just filled with families in the backyard? to read their purpose is not what we keep track of. >> that goes to the privacy issue. if their children are filled with what can we do to protect that family of the nefarious individuals now trying to take advantage of absence of privacy rules him if that is why you have begun the initiative and taking the lead that was described earlier. >> but in the absence of federal laws bistros with cameras just fly over backyards of people all over the country in reedy to put a strong and forcible was some of the books tha

and what will be made public lick. >> we will use foia standards for the review. >> reporter: littered throughout the e-mails are references to a so-called benghazi group with a source telling fox news that was code for the cheryl mills task force. back to you. >> thanks a lot. we now know that no charges will be filed against darren wilson who is the policeman in ferguson, missouri now resigned from the force who shot mike brown over last year, caused all the riots. but he will not be brought up on federal charges. that does not mean the feds are done with ferguson. >> eric holder was asked on friday what now? what will happen some? do you plan to dismantle the uájtqq(artment in ferguson, take it apart? and that's what he had to say. >> does that include dismantling the police force? >> if that's what's necessary we're prepared to do that. >> and why you may ask. well, this report uncuffed aovered a couple things. all of the false statements that seemed to have emerged from this whole thing were approach false, the idea that he had his hands up, the idea he may have reached in to the

her setting it up was to keep those emails from the public eye and sure enough, there are all these foia requests over the years from left-wing news outlets, from conservative groups, that went completely unanswered from the state department because she had her own private email account on her own server. that clearly was the purpose of this. martha: i mean, we'll see what she has to say about it today. i think that the tone that she takes in her comments about all of this will be, has to be very carefully decided upon because if she does come out and do what james carville just did you know i think there might be people out there, penny you know what, do we really need to deal with this anymore? hearing reasons and right-wing conspiracy stuff, whether or not that will work for her with a new audience of voters, penny? >> let's let mrs. clinton speak. for right now all we're going going to do is speculate. what could a tone be what should a tone be, what a tone might be. let police clinton speak. let us let her have the opportunity to make that. >> i do think that is very important point

gilligan: it is available and we release it for foia requests. it is available. i apologize, offhand i do not know if it is one that you can access from your ipad today. mr. markey: if somebody sees this outside of their window they are filming their family members in the backyard. right now, an individual in america could call the faa or go to a website and find out who owned the drone. ms. gilligan: we have the information about who has been authorized to operate in what airspace. whether or not that was authorized operation i cannot tell you right now. if it was authorized, the records on who is authorized to use that airspace are available. mr. markey: are people authorized to film families in the backyard of their homes? ms. gilligan: the purpose of filming is not something we keep track of. mr. markey: that goes to privacy. if families have their children in the backyard and children are being filmed by at drone, what can we do to protect the family from nefarious individuals? maybe they are trying to take advantage of the absence of rules. ms. gilligan: th

it is for that reason, that foia and specific says that these kind of editorial negotiations are specifically works in progress. that was why i made that decision. that is why the president exist. donnelly: do you regret that? in your point of view, did you protect the contents? wheeler: yes sir. donnelly: did you feel, when president obama issues his statement with respect to net neutrality, there were press reports that you and your colleagues were surprised. you may want to comment on that. the did you issue his statement as undoing appearance in your process that was still under the way. wheeler: no, all presidents have input to the process. in multiple administrations and proceedings. it is not in new -- a new. donnelly: thank you. speaker: yorkie occasions person in november, in response to your question about with a surprised, did it have an impact? sharon gilson wrote, this question rankles me. do you take this as twisting the knife. i don't want to overreact. to suggest that there was no rankling internally at the sec -- fcc, they are e-mailing. again, this gets rejected. i don't see

yet when there was a foia request for the documents pertaining to the investigation, there were no documents that supported that there ever was an investigation. so either, again, the department of homeland security secretary lied committed a crime, or d.h.s. lied and there were documents about that investigation. in any event, last september the homeland security department after years of being warned about this person they kept elevating, after one of the isis videos hit television, and showed the islamic state cutting off the head of an american, this top advisor to our homeland security department tweeted out basically the caliphate's inevitable. people just need to get used to the idea. that was the basis of it. so they allowed, homeland security, they allowed him to go ahead and not be renewed as a top advisor to homeland security. we also know that the imam who had been head of the islamic society of north america, which was named as a co-conspirator in the largest prosecution for supporting terrorism in the history of the united states, in going after the holy land foundation in dall

we do release it in response to foia requests. it is available. i apologize offhand i don't know if it's one you can access from your ipad here today. >> so if somebody sees this outside of their window and they are filming their family members in the backyard that right now an individual in america could call the faa or go to a website and find out who owned that drone? is that what you're saying? >> we have the information about who has been authorized to operate in what airspace. whether or not that was an authorized operation i can't tell you right now if it was authorized. the records on who is authorized to use that airspace are available. >> are people authorized to just film families in the backyard of their homes? >> the purpose for which they are filming is not something we keep track of. >> again, that goes to the privacy issue. if families have their children in the backyard and those children are now being filmed by a drone, what can we do to protect that family if all these nefarious individuals trying to take advantage of the advant

i did at the university of wisconsin because you file a foia request and find out if you need to. i've always thought the biggest single thing the eeoc could do but it would cause a firestorm of course is to mandate pay information, be reported to the commission at a minimum the same way chop the ee '01 requires the reporting of job category and hiring and so forth. i'm wondering if you thought about that at why that hasn't been done and so forth? >> well, that is actually a great question i think to end on for talk on gender equity. and i'm glad you brought up that there is you believe and so i that there is a fair amount of just straight out equal pay act violation. i might've given the of the short shrift by wanted to say we bring those cases. we see those cases but you are right. a real problem, real barry is that people don't know what their pay is. and one, i think it's been very helpful not they have been making very clear that under the national labor relations act even in non-unionized settings under the law people are getting together and talking about conditions which i

it's for that reason, those kinds of reasons that foia in specific says these kinds of editorial neg yaegss are specifically not foiable because they are works in progress. that was why i made that decision, sir. >> that's why the precedence is there. >> you look at the content of the rule? >> yes, sir. >> did you feel when president obama issued his statement with respect to net neutrality -- there were press reports at the time that you and your colleagues were surprised or taken a little bit off guard. >> mm-hmm. >> you may want to comment on that. did you view his issuance of a statement as undue interference in your process which was still under way? >> no. as we have with discussed, all presidents have had input to the process. in multiple administrations and multiple proceedings. it's not undue at all. >> not any different than congress weighing in with letters or resolutions or hearings such as this. >> correct, sir. >> thank you. i have no further questions. thank you, mr. chairman. >> if the gentleman will yield, i don't know if we can put up this slide right here. i'm goin

organizations that hold their government accountable depend on the foia process to gain insight into decision making. the fcc's track record at responding to requests is weak, at aboutest. fcc at the outset denies more than 40% of all requests. the documents fcc does produce contain a number of redactions including some that black out entire pages of text. this committee has received 1,600 pages of unredacted e-mail traffic previously provided in a highly redacted form through requests to various organizations including vice.com. today we will compare these communications to understand what legal justification mr. wheeler's agency used to prevent this information from becoming public. this addition we will examine the series of events resulting in the highly controversial vote to use title 2 to regulate internet like a public utility. in may of 2014 the fcc issued a notice of proposed rule making concerning internet regulation that indicated broadband and mobile services would remain classified under title 1. public statements made by chairman wheeler and communications received by t

just to clarify, foia fro dom of information act going back to 1966. john harwood in washington. thank you. >> we have more breaking news. dominic chu? >> we told you at 3:20 we would have shares of salix reopen. they are up 7% 8%. a drugmaker wants to buy salix. endo is seeking to prevent valeant's purchase of this company. david faber has been reporting on this all day. we have a receipt, at least an acknowledged from salix pharmaceuticals saying they have received the offer to acquire all of outstanding shares of the stock for the company. they have received the proposal. the board is in consultation with its financial and league advisers and will carefully review and consider the proposal. so it's typical boilerplate stuff but it said it's received the proposal. it's going to evaluate it so we'll bring you up to speed with more details. for right now all sides have agreed there is a proposal on the table, $175 per share coming from the likes of endo international. back over to you. >> thank you, dom. valeant under pressure as a result. we have breaking news on general electri

gilligan: it is available and we release it for foia requests. i do not know if it is one that you can access from your ipad today. mr. markey: if somebody sees this outside of their window they are filming their family members in the backyard. right now an individual in america could call the faa or go to a website and find out who earned the drone. ms. gilligan: we have the information about who has been authorized to operate in airspace. whether or not that was authorized operation i cannot tell you right now. if it was authorized, the records on who is authorized to use that airspace are available. mr. markey: are people authorized to film families in the backyard of their homes? ms. gilligan: the purpose of filming is not something we keep track of. mr. markey: that goes to privacy. if families have their children in the backyard and children are being filmed by at drone what can we do to protect the family from nefarious individuals? may be trying to take advantage of the absence of rules. ms. gilligan: the administration is taking steps. m

foia is the process you suggest to get those? >> where you suggest, the process we use to get those? >> you know, i don't know whether -- oh, i'm not -- to the extent which are publicly available now, that's my understanding. if the commission made a request for additional inspection reports, you know, it's quite possible that i.c.e. would provide those. i don't know. >> i think we're going to request those. i think they contain a lot of information relevant to this investigation. just a point of clarification. i'm going to give you these documents about the complaints from the community. your office did initially make a response indicating that you're not going to take any further action at the time. so my hope is that you will take a closer look at these and do take some action on the subject that is raised here. is that a yes? the record reflecting she's nodding yes. yes. >> yes. >> thank you. >> commissioner? >> thank you, mr. chairman. >> thank you. >> i'd like to more clearly understand the nature of the treatment of the mi

we also release it in response to foia requests. it is publicly available. i apologize offhand. i don't know if it's one you can access from your ipad here today. >> if somebody sees this outside in their window and they're filming their family members in the backyard that right now an individual in america could call the faa or go to a website and find out who owned that drone, is that what you're saying? >> we have the information about who has been authorized to operate in what air space. whether or not that was an authorized operation, i can't tell you right now. if it was authorized, the records on who is authorized to use that air space are available. >> are people authorized to just film families in the backyard of their homes? >> the purpose for which they're filming is not something i think, we keep track of. we have authorized -- >> again, that goes to the privacy issue. if families have their children in the backyard and those children are now being filmed by a drone, what can we do to protect that family of all these, you know, fefnefarious individuals now trying to

we're using foia standards to determine what needs to be redacted. when we go through the process, we will post them online make them available to the media, to the american public to anyone who wants to take a look. we're going to do a first tranche of documents, including the documents that have already gone to the select committee related to their questions around benghazi. >> thank you for all of the information and thanks for coming on "new day." thank you. >>> another teenager arrested for planning to join up with isis. yet another case of young westerners recruited to the isis fight. cnn's arwa damon is following this such a concern for the families and the communities. >> reporter: it really is and one also has to look at how isis is able to appeal to these teenagers, whether they're male or female. the most recent case is when turkey detained three individuals. they are 17 to 19 years old. they were originally alerted by british intelligence turkish intelance was, and picked up at istanbul's secondary airport as they were trying to enter the

so if you had an a story and you wanted to send a foia request, how would you know what to ask for? these are both personal accounts being used? >> it is an interesting point. more and more people in the government use personal accounts either exclusively or in addition to their government accounts. and since secretary clinton was emailing somebody else at the state department one of her top political aides and sent it to a g-mail account or a yahoo account, is that covered? >> no it's been a problem for the obama white house and a problem for the bush administration. karl rove was using personal accounts or rnc accounts for personal business. there's no good rule for this and congress who can't agree on what day it is aren't going to decide what is permissible and this stuff is going to continue to fester. you know i think most americans can understand that sometimes the personal and the professional mix, the question is to what extent this will resonate with voters. there's polling out there this morning, we're going to talk about. we have no sense yesterday yett why -- >> people

obviously we'll be reviewing it to see what can be released publicly using foia standards but the redactions are like things that are what's in our national security interest trade secrets. clearly we're not going to releasing lease an e-mail about greeg practices. >> you know nobody is -- >> some might be. >> the suggest has been why don't you ask for her server so that the unknown gets taken out of the equation. you can say, we have everything we're going through everything. >> well chris, there's ample past precedent of past secretaries submitting and going through and determining themselves with their teams what is government responsive and what is not and that is what the process was done here. in terms of secretary clinton's personal e-mails, that's a question best directed to secretary clinton, but as i mentioned, there are also new processes put in place having nothing to do with this but in an effort to better archive e-mails, better track the secretary's e-mails that was put in place for secretary kerry and will be precedent moving forward. >> jen psaki, i know you're on a tight sc

people that come to the white house complex for meetings, to trying to make the process of making a foia request more efficient. those are two examples of how the administration has worked to make the federal government and the obama administration much more transparent. >> did the president e-mail with any other cabinet members private or personal e-mail addresses? >> i haven't reviewed all the presidents e-mail. with a hack and you're sure you of is that every imo the president has sent -- every imo the president has sent has been properly maintained, consistent with the presidential records act. >> when the president gust of panama -- >> i don't know the president itinerary for the summit of the americas. i don't any meeting that is plan like that. >> do you have a [indiscernible] >> laura i have seen reports of the video. i have not seen the video itself. this is an abhorrent and unjustifiable action. the apparent compelling of a child to execute another individual is further testament of isil's disregard for all human decency. isil chose to broadcast the video at this time that we a