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Former Maryland governor and Democratic presidential candidate Martin O'Malley sparred with Tucker Carlson over the latest developments in Hillary Clinton's private email server investigation.

"The front-runner in this race is under criminal investigation by the FBI," Carlson said. O'Malley disagreed.

"The director of the FBI just announced that...that is a factual statement, and your position appears to be 'it's everybody's fault but hers," Carlson said.

"No, I don't believe when Director [James] Comey says that he's going back to look at this other server that [former New York Congressman] Anthony Weiner had -- I don't believe that amounts to the fact that Hillary Clinton is under criminal investigation again. I know that's what 'Donald Trump the Fascist' says," O'Malley responded.

"I believe she is not criminally culpable," he said.

Carlson responded, commenting that, if the email server is still being looked at but Clinton is not culpable, then the hardware itself must be under investigation:

"You won't concede she's the subject of it. You said instead it's the server. Do you think that server would do hard time, perhaps the death penalty? ... Let’s get to reality. She’s the subject of a criminal investigation," he said.

O'Malley maintained that Weiner's alleged sexual misconduct--in purportedly sending lewd pictures of himself to a North Carolina minor--is what the FBI is chiefly investigating in this case.

The former Baltimore mayor added that the more important scandal is whether Trump, who he called a "fringe, third-party, fascist candidate", is allegedly aiding Moscow in facilitating cyber-hacks of Democratic Party systems.

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