Are donothing, they are declaring the deep hatred for the American Voter and this law is part of an impeachment and a political suicide march for the democrat party. Have you seen my polls in the last four weeks . [cheering] joining the panel wall street journal columnist and Deputy Editor dan and columnist kim and bill. Dan, the largely along party lines nancy pelosi said impeachment to work has to be bipartisan. I guess she achieved that in a way and the only people that voted against one article and to voted against both and jesse andrew from new jersey is switching parties. Is that the outcome she expected . I think that is where she thought it was going but the party find surprising is the intensity of the democratic commitment to impeachment and they all drink the impeachment koolaid. Some of these democrats believe there is some constitutional crisis in making this great commitment to defending the constitution whereas the breakdown of the vote makes it clear it is broken down totally partisan political lines and this is a political exercise and not reached or achieved the level of a grave constitutional exercise that impeachment is supposed to be to be a political exercise. I think everyone in washington is beginning to see. Why did the republicans hold together. 20 of them now are retiring in 2020 and they have for not running for other office, they have no stake in the future election they can vote as they please and they voted against. I think this was Nancy Pelosis great achievement, she did something President Trump hasnt been able to do Mitch Mcconnell, paul ryan, she united the republican party. This was a Ruth Goldberg impeachment, it started off in a legitimate way without a boat and they change the rules to stack the deck and a lot of people who dont like donald trump dont like the democrats more for doing this. You throw all the warnings mrs. Pelosi and jerry nadler had said months ago about throwing the country into impeachment when its not bipartisan hard in the republican result. And i think the senate what senator mcconnell is getting back, however, they respond is important for them to respond in a way that conveys the illegitimacy of the way the democrats have proceeded. On that point, you have the speaker saying, maybe we will wait to turn over articles of impeachment to the senate we had to rush to get this done before christmas but now we will wait to see how the senate is going to set the rules of a trial echoing Chuck Schumer the minority leader demands to calmer witnesses. What is her rationale because it strikes me what it looks like, you really were not serious. Heres what theyre trying to do, nancy pelosi and Chuck Schumer are attempting to suggest that the Senate Majority leader Mitch Mcconnell is not taking this seriously. The senate is not doing its job and there you had schumers call for witnesses in her refusing to turn over the articles until there is a fair trial. I think the problem is it made it too easy for Mitch Mcconnell to hit those out of the park he pointed out no one heard from the witnesses is because the house gave up on that and what sloppy in its own impeachment inquiry. And also nancy pelosi has no right to dictate to the senate any of us. Its a very weak position and i think it hurts her politically and not really printable in a longterm to not send it over. One other one, one of the purpose of doing is supposed to be to pressure for Vulnerable Senate republicans, i think because the way the thing has become so politicized turning into something of the fiasco that pelosi has taken those for off the hook, i think their vote to acquit President Trump is going to be a pretty easy one in the teller can situate this was a mess and they will be right. As well they are making the upper Democratic Senators from West Virginia to acquit President Trump. I would not be surprised. Let me ask you about big picture question, does this impeachment in the way it was handled abuse the vagueness of the power charge . Print is this going to make impeachment for any president more likely . Sadly i think it does. Not just more likely, as we see i dont think people are taking this impeachment as is seriously assay topic before when president Clinton Andrew yang said where i go nobody asked about peach. As dan said with the senate, is giving republicans all sorts of arguments in the running ads in the districts where they think are vulnerable democrats and that tells you something, the democrats and be very surprised if they run on impeachment. They will try to get to other issues where they can criticize. Stop asking me about impeachment asked me about anything else. [laughter] in a few months will we be passed this, i tell you the press corps will not. When we come back a look at the democratic legal case against President Trump and how the process is to play out when and if it makes its way to the senate. I dont even have a crime, this is the first impeachment this is the first impeachment where there is nots be honest, quitting smoking is freaking hard. Like quitting every monday hard. Quitting feels so big. So, try making it smaller. And youll be surprised at how easily starting small. Can lead to something big. 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Do you recall, not long ago we would walk on the sidewalk all around the wind blows we would only hold on to let go blow a kiss into the sun we need someone to lean on blow a kiss into the sun we needed somebody to lean on all we need is someone to lean on as a general matter we have to be careful about trivializing the process and they put in a hurdle of high crimes and of treason, bribery and other high crimes the articles of impeachment do not allege a violation of law. That was attorney general william barr arguing that the articles of impeachment passed by the house do not allege any violation of law. Entropy lies the impeachment process for partisan purposes. He served as Deputy Attorney general under mr. Barr in the george h. W. Bush administration. Welcome, nice to see you again. Lets talk before we get to impeachment lets talk about the senate trial, is easy suppose nl not turn over until how to like so they will conduct a. That is absurd and fundamental to the constitution that each house of the Congress Sets its own rules in the senate has its rules for impeachment and decides its own procedures. The idea that they would have to negotiate with the house as to what the process looks like is silly and it shows how unabashedly political and politically motivated the whole impeachment business is. With the senate and Mitch Mcconnell be justified if the articles never come over and say sorry we will not hold a trial because youre not sending anything over . I think they would and maybe different ways to approach this but i think the senate could take the position dismissed and want the prosecution. What about saying if you will not appoint the managers, we want to honor the constitution and do better than you did so we will appoint the managers for you and get somebody to argue the case on your behalf. I do not see a way under the constitution provisions or the existing senate rules for that to fly but the Senate Perhaps could amend rules and do Something Like that. But i would be surprised if they did, i think what is happened here is mrs. Pelosi and the leadership, the democrat leadership has demonstrated clearly this was all about affecting the 2020 election and has nothing to do with ukraine or 2016 or 2017 or 18 or 19, its about 2020. I want to get into the fisa court in the fisa rules when you are deputy ag that gave you some responsibility over the fbi and as you look at the horowitz report, is the behavior that it documents by the fbi and the submission to the court is not defensible in your view . No. Simply no. How could this happen, you have a wiretap approved by the court submitted by the fbi of an official who is advising a president ial campaign that strikes me as very Serious Business when its a normal course of affairs that kind of a decision with political invocations been alerted at the deputy ag or the ag level . One would certainly think so and i think one of the strongest points and recommendations that Michael Horowitz makes in that report is there needs to be some kind of a change to make sure that notification to the responsible Political Leadership with the Justice Department would occur in the circumstances in the future. Theres a lot more that needs to be done to fix this. Judge colliers rebuke of the fbi that came in what we heard so far from director ray has frankly been rather timid. Most extraordinary the judge collier issue that revealed public. One of the concerns i have, what took them so long. They had information in the real reason to doubt what had been submitted long ago because of submissions from the House Intelligence Committee and letters sent to the fisa court, isnt this too late here, dont the judges bear some responsibly . I think thats a legitimate question. Im not so sure the way things are set up that it would be a good idea for the court directly to respond to every sort of issue that Congress Might raise because in part that the larger problem for us to discuss another day but having article three judges perform what is an article to function to authorize the wiretaps and wages congressional oversight playing, does it have oversight of the judges in the Court Function or just the executive function. It is a mess and one thing i personally hope will come out as a complete reexamination of the legal regime that should be used to pursue whats necessary and intrusive investigative techniques. What kind of accountability do you think is in order. As i look at this the whole history of the fisa process was set up in the awake of the abuse of j edward huger hoover. Now we have a case where some people and evidence that there was a doctored email to a presentation to the court and if you can get away without consequences of the fbi are we setting ourselves up for this happening again . Yes very much so. I really trust that attorney general barr knows the fbi inside out and i trust he will make sure this gets fixed. I guess that includes john durham as a u. S. Attorney looking at this . I think what john durham is looking up is a much wider question than just problems that the fbi and the fisa application process. Thank you we really appreciate it. Still ahead the fallout continues from the Inspector General report from Trump Campaign surveillance as a percentage judge issues a review from the fbi. We will get the panels take only one things more exciting than than getting a lexus. Giving one. This is unbelievable it really is. 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The secret foreign Intelligence Surveillance issuing a rebuke of the fbi with rosemary call yorosemary collyee investigation into th Trump Campaign. Michael horowitz said the fbi made serious and repeated mistakes in the handling of application to wiretap former Trump Campaign advisor carter page, something former fbi james comey acknowledged as Chris Wallace last sunday. He is right, i was wrong, i was overconfident in the procedures that the fbi and justice had built over 20 years. I thought they were robust. Its incredibly hard to get a fisa and i was overconfident. Hes right there was real sloppiness. Were back with dan, kim and bill. It was a lot more than sloppiness was it not . Much, much more and by the way it is not really hard to get a fisa, we could go for a long time, this whole segment going through jim comeys weaselly work. I want to ask about your columnist week, you reported the fisa court had known a long time before the horowitz report came out that it had received false information from the fbi and its applications to travail carter page, explain what happened this is really important, we got a hold of two letters that the former House Intelligence Committee chair devin nunes had sent to the court and one in february of 2018 and one of junf the things that Michael Horowitz has now said. It was 18 months earlier, two years earlier and we got a hold of the responses from the court which were to blow all of this up and blow the committee off and say not even really respond. They had direct evidence of problems in the page application and this is not a separation of power issue or response to the House Committee the question is they had the information and did noth