JOE SCARBOROUGH (CO-HOST): What did [FBI Director James Comey] miss?
RUDY GIULIANI: I don't know. It's a completely -- if you read the first three-quarters of his report, it says indict. Lie after lie after lie. You know what you use lies for in a criminal trial? To prove intent. Destruction of 34,000 emails. That's a smoking gun. I never had a case where somebody destroyed 34,000 emails.
SCARBOROUGH: Well actually, and Mr. Mayor, even James Comey said, the FBI director said that they destroyed emails in a way to make sure that you could never recover them again.
GIULIANI: When I heard that, I said, my goodness, he's going to recommend an indictment. Then when he says no reasonable prosecutor would bring this case. If you read Judge Mukasey's article in The Wall Street Journal today -- former attorney general, 13 year judge, chief judge in the Southern District of New York -- this is a absolutely overwhelming case. Violation of 18 USC Section 793 F, which makes gross negligence the standard.
SCARBOROUGH: Right
GIULIANI: He found her to be extremely careless, her and her staff. If you look at the definition of gross negligence, both in Blacks Law Dictionary and in about eight cases, the definition is extreme carelessness.
