Fox News "Hannity" - Transcript: Interview with Rep. Andy Biggs and Rep. Tom McClintock

Interview

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Joining us now for a reaction on this and of the news that James Comey won't be prosecuted, at least for now, are Republican Congressman Tom McClintock of California, and Andy Biggs, a congressman from Arizona.

I served with both of gentlemen in Congress while I was there and I think you both for joining us tonight.

When you got word through John Solomon's reporting and what FOX News has been able to report that James Comey would actually not be prosecuted, or held accountable for releasing and having classified information in a non- classified setting, Congressman Biggs, what was your reaction?

REP. ANDY BIGGS (R-AZ): Well, my first reaction is, this is the same thing we've seen prosecuted over and over again. In other words, he lied and he leaked classified information.

He not only lied and leaked classified information, he has admitted it, so -- that he did it for political purpose. So the culpable mental state is there. So, the elements of the crime are all obvious, so I'm banking that they think that they need to hold off on indicting Mr. Comey until the Horowitz report comes in and Mr. Durham's finishes in his investigation.

I believe that this is just a postponement of the inevitable for Mr. Comey.

CHAFFETZ: And, Congressman McClintock, when you heard the news and saw this information, what was your reaction?

REP. TOM MCCLINTOCK (R-CA): Well, it's obviously one of two things. It's either the same double standard that we've seen them play out in case after case, which are prior guests mentioned. Or, as Andy says, and I tend to agree with him, they have gotten much bigger fish to fry with James Comey and they don't want to get sidetracked into charges like this when they are much bigger issue is still afoot. And we'll find out as all of this unfolds and unravels.

CHAFFETZ: Well, and I hope that's the case. I'm kind of stuck on the fact of the inspector general, Michael Horowitz, issued a statement read on the fact that the inspector general put out this document talking about the deputy assistant director that he had unsealed -- that there was a sealed court documents and that the deputy assistant director of the FBI, we don't know the person's actual name because there are multiple people with that title, but they gave this information to a reporter and the Department of Justice had decided not to prosecute.

Congressman Biggs, how do we get to the point where there is an equal application of justice? Because I got to tell you, your ranking file person in the military or some other place or contractor who has classified information, guess what, they are going to be prosecuted and going to jail and that's the way it probably should be.

But here you have the deputy assistant director not prosecuted. I don't understand it and how is Congress going to hold the DOJ accountable for that?

BIGGS: Well, we have to hold them accountable. I mean -- but, you've seen what the people on judiciary concern. They wanted interview everybody tried to impeach President Trump, so they are not interested in this.

I am interested in this. I'll tell you why I'm interested, for the very reason you're talking about, I don't think it just ends at DOJ or with the FBI itself. I think this goes across DOD, we are saying that, that they don't want to give information either.

We are seeing a lot of agencies just choose to withhold information from Congress and Congress has got to hold people in contempt and, you know, but, right now, we are feckless.

You used the word feckless. I can't help but agree with you because you served there, Tom and I are there, I think -- I get frustrated at the stonewalling we get from the administrations that are of the same party and they redact documents and they will say it's for national security and then you've seen what I have where it becomes unredacted it was only because they were embarrassed at the corruption and the level of corruption and bureaucracy. It has nothing to do with national security. So we have to push forward on this.

CHAFFETZ: Yes, Congressman McClintock, what Andy Biggs is talking about was exactly right. I saw time after time almost on a daily basis things that were redacted because they were politically embarrassing. Not because they were actually true classifications.

But how do we get past this? How do we hold these people accountable? Because then when you do have somebody who is admitted in interviews on television saying I've leaked these documents on purpose because I wanted them to be out there in the media, where do we go from there?

MCCLINTOCK: Well, as you know, the most closely guarded secrets in the U.S. government are unclassified but embarrassing. But I think this whole thing is now unraveled to the point where it's taking on a life of its own. The facts are coming out.

I mean, the reason why Chuck Grassley is so insistent on getting the facts from the pentagon is at the same time it was giving a massive $400,000 contract to Stefan Halper, to write a report that investigative reporters are now calling of dubious value. The same time he was getting at payoff, he was spying on the Trump campaign.

So, things started to unravel. They take on a life of their own. The facts, they are true. And it will set our nation free from this whole Russian collusion nonsense and at the same time, those same facts may start putting behind bars and very high officials and our intelligence and justice agencies from the Obama administration.

The truth will out. I'm convinced of that. And as those facts come to light, they will down those responsible and hopefully, we will never see this kind of threat to our democracy again, a threat from within -- the use of the most terrifying powers that we give to our government, powers to destroy people's lives, turn for political purposes to intervene in election and to undermine the constitutionally elected president.

CHAFFETZ: Well, I'm glad these two are on top of it. These are two of our best serving in the United States Congress. So, gentlemen, I thank you.

BIGGS: Thanks, Jason.

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