and he explains that they are appealing that ruling by the inspector general. they have asked the head of national intelligence, the intelligence agencies to rule as to whether those two e-mails should have been top secret, so you do have, as clinton has claimed, a dispute, an internal dispute within agencies. that said, pete, what is the justice department now going to be looking at? >> well, they want to have -- remember, the whole point of this investigation is to see whether classified information was mishandled, so it's only natural that the fbi would want to get the best evidence, if you will, get the actual servers, get the thumb drives. we understand that that process of turning over that material to the fbi will probably be completed by tomorrow. it hasn't happened yet. at least it hadn't happened by mid-morning. so the fbi wants to see if there's still anything on the servers. secretary clinton said they were erased. it's one thing to delete files on your computer. it's another thing to have a forensic expert wipe them clean.