NEIL CAVUTO (HOST): A lot of people step back from this, regardless of your position on Planned Parenthood and what it did, is could this put a chilling effect on you know, these investigations where people go undercover either to catch military overspending like an Abscam thing that you and I can remember, years ago where they tried to catch Congressmen stealing money, what do you think?
GRETA VAN SUSTEREN: They aren't charged with going undercover and doing investigative journalism. They're charged with making phony records. That's the problem. If they hadn't done the phony records with the California records, they wouldn't be charged with this.
CAVUTO: What was the phony part they did? What did they do wrong?
VAN SUSTEREN: I think what they said, they altered it, they made - it says they presented fake California driver's license. That's phony. With intent to defraud. That's phony. If we did that here, Neil, you know, Fox would be raining all over our parade. You know, we're not allowed to do that.
CAVUTO: What if you're doing it, though, to misrepresent yourself. Obviously, to show and get in and get some information. In other words, the means don't justify the end or the end the means, right?
VAN SUSTEREN: I wouldn't do it. I wouldn't phony up a record, I'll tell you that much. I'd be much more clever in getting information than violating the law. There are a lot of ways to do it. Look, I know a lot of people are unhappy about this. We don't know what happened within the grand jury. The grand jury is secret. One of the things that is always so, you know, so disconcerting to people, and I understand it, is that immoral and deplorable behavior and conduct isn't always illegal. Meaning whatever the investigation was originally. If a man leaves his wife as she's in labor, that's deplorable and immoral, but it is not illegal. And so the question you really have before the grand jury, which is the secret we don't know about, is what evidence was presented to them, what crimes did they review, and was there enough evidence to support, you know, support those crimes? Apparently “no” as to Planned Parenthood, and it is a Republican D.A., and it was as to these two. I went inside the grand jury room, don't know. I don't phony up documents to do investigative journalism. And so, I think that's part of their problem.
