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Former New York City Mayor Rudy Giuliani explained this afternoon why FBI Director James Comey made a "special exception" in recommending no charges against  Hillary Clinton for her use of a private email server when she was secretary of state.

Giuliani, a former U.S. attorney who worked with Comey, said that Clinton violated federal statute 18 U.S.C., section 793-F by mishandling classified information on her unsecured server. 

During his remarks, Comey criticized Clinton for being "extremely careless" with classified information in her emails.

Giuliani said that there is no difference between someone being "extremely careless" and showing "gross negligence"

"I think that's why he walked out [without taking questions]. There's no way to square the two things," said Giuliani, arguing that Clinton cannot pass an FBI background check to gain top security clearance.

"If you took his report and made it an FBI background check, she couldn't get any kind of sensitive job in the government," he explained.

Giuliani argued that a prosecutor never proves intent using direct evidence, but rather through "circumstantial evidence," which is overwhelming in this case. 

"Here's the biggest piece of the circumstantial evidence: the destruction of the 34,000 emails," he said, adding that a prosecutor could have instructed a jury that deleting the emails "infers guilty knowledge."

"This is the special exception for the Clintons."

Giuliani pushed back on Comey's assertion that any reasonable prosecutor would not bring charges in this case. 

"I don't have any doubt I can win this case in front of a jury. ... It is so discouraging to someone who loves the Justice Department to see a decision like this," he said.

At the very least, Giuliani said Clinton should "resign" as a candidate for the presidency. 

Watch the full interview above.


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