Interviews with newsmakers and roundtable discussions cover the top news stories of the day. Interviews with newsmakers and roundtable discussions cover the top news stories of the day. simply the fact that this strategy on the part of mueller and the other district of new york prosecutors may be working right now. one interesting question will be to what extent will there be information relating to state law charges against some of these people and that is legally significant because the president's pardon power does not extend to state law crimes. >> harris: all right, what you have seen with cohen and manafort and perhaps pecker and allen weisselberg, the cases, they have struck deals for immunity, you wouldn't imagine they would go anywhere legally. if the president wanted to pardon anyone, we are still within the zone with the previous men. state law doesn't tend to change that. as we look ahead in all of this, the president, though, does have something to consider as he is being asked to sit down with mueller and the russia investigation and that is by all these people talking and stay fog cussed on some of the issues of payments to different people and none of which have been proven to be a crime, paying women to be quiet about an affair, unless they are linked to politics and the election and we haven't seen evidence of that. the president can legitimately say, you talked to everybody who can answer a question, why should i sit down. it doesn't make him necessarily specific enough as a witness for bob mueller to force him into the seat with or without a subpoena. >> right. on the one hand, rudy giuliani and president trump can argue it is not advantageous for president trump to sit down and be interviewed because they suspect this is all just some sort of perjury trap. on the other hand, mr. mueller will be able to say with legitima legitimacy, certain questions regarding the president's state of mind and sequence of events, particularly regarding of justice charges happening behind closed doors that only president trump can answer and typically you want to conclude that good to see you. thank you. >> thank you, take care. >> harris: alert on the escalating war of words between president trump and his own attorney general. the president and jeff sessions going back and forth in a public battle over the attorney general's recusal from the russia investigation. the president tweeted this most recently. department of justice will not be improperly influenced by political considerations, he's quoting jeff sessions there. he says, jeff, this is great, what everyone wants. look into the corruption on the other side, including deleted e-mails, comey lies, leaks, conflicts, mccabe, strzok, orr. come on, jeff, you can did it, the country is waiting. if the president fires sessions, he won't be able to relace him right away. bring in mark lauder, special assistant to president trump and former press secretary for vice president pence. great to see you today. >> great to see you. >> harris: the ball may have moved on that, if there is opening for capitol hill, lawmakers on capitol hill to take a look at making some time for any sort of confirmation and replacement of jeff sessions, that may have changed the game. your thoughts? >> well, it could very well do that, obviously the senate warned for a while they have a full calendar right now and one that would open up for a appointment of a new attorney general and in the meantime, rosenstein would be the acting attorney general, according to current system where it moves to the next person in line. so you could, but i don't see anything happening definitely before the midterm and then after the mid-terms it would be up to the president and/or attorney general sessions to decide. >> harris: marc, have politics of jeff sessions, changed all of a sudden? you have senator lindsey graham saying the president should be able to choose and can choose whomever he want necessary that position and then maybe this sort of potential opening on the calendar that you may take a peek and see if you have time for confirmation should the president fire sessions. is something shifting? >> i think there is a growing frustration amongst many republicans that we seem to have a double standard when it comes to investigations. you see all the investigations and the ad nauseum commentary with the president and republicans across mainstream media, but time and time again, the president outlined in tweets today, we see nothing about the alleged abuses, alleged crimes that possibly were committed on the democrat's side and it seems like it is being brushed under the rug. i know that frustration is taking hold, not only with the president, as he voices that, but also amongst many republicans and that continues to capitol hill. >> harris: why would it be brushed under the rug? he is a republican, republican senator, why would he brush it under the rug? >> that is the question. that is what you saw with the president's tweet today xhchlt on, jeff, you can do this. why is it the clinton e-mails, urannium 1, dossier, fisa, all of those. >> harris: do we know? >> i don't know if we do know the answer to those. some are being looked at by the inspector general, that is great, that is only looking toward internal conduct, not at whether those were actual crimes committed. one has to wonder why we're having this double standard when it applies to things that republicans may have done versus things that democrats may have done. >> harris: this is being talked about in terms of whether the go back and forth, the president sitting down or not with bob mueller and all of this. attorney general jeff sessions, is he out or in? it would have an effect. what do the american people need to know about all of it? >> i don't think the american people are following as closely as we do in washington, d.c. >> harris: agreed. >> or new york. they are worry about the economy, high school football getting started across the country and so many things that people, jobs and growing paychecks, things that matter to the american people. i think a lot of this is just tuned out as being noise and nonsense. but we do have a frustration, especially amongst republicans about this perceived double standard and i think what you are seeing is that the president recognizes it, he sees it, he hears when he is traveling around the country and this case, takes to twitter to make sure he understands and shares that frustration and what are we going to do about it? >> harris: it is interesting, i was going to ask about twitter. most americans are not in tune with this, do you need to then focus them on all of it with a tweet? from what i hear you saying, yeah, you do if you continuing is not being treated fairly legally. >> i think the president has a unique ability in the way he uses social media, to connect with many people across america, who might be talking about the double standard when they are around their dining room tables or enjoying a weekend cocktail with their friends. these are the kind of conversations, when the president sees that, he's actually identifying as one of them going, i share your concerns, whether on this, whether it is about the economy, whether it is about what is going on around the world. it is a connection point to him, but also saying, i want to get something done about it. >> harris: all right. marc lotter, great to see you. thank you for your perspective and experience on this. fox news alert. reaction continuing to pour in. following the announcement that senator john mccain will no longer seek medical treatment for his brain cancer. the mccain family saying the senator has surpassed expectations for his survival. the disease and his ages are rendering their verdict. peter doocy more from outside of senator mccain's office. peter. >> harris, lifetime senator mccain voted was december. details of his treatment have been kept mostly private while he's been in arizona. today his office announced john surpassed -- advance of age render his verdict w. strength of will, he's chosen to discontinue medical treatment. mccain's work with everybody in the senate is what earned him the nickname a maverick and long-time democratic colleague of his, john kerry said, god bless john mccain, his family and all who love him, shows us what grace and grit really mean. mcconnell says, sad to hear the update on john mccain. we are so fortunate to call him our friend and colleague. john, cindy and the entire mccain family are in our prap y praprayers at this incredibly difficult hour. shortly after announcing he was sick with brain cancer, mccain gave reflective regards on the senate floor, did insist he was not saying goodbye. >> i have every intention of returning here and giving many of you cause to regret all the nice things you said about me. and i hope to impress on you again, that it is an honor to serve the american people in your company. thank you, fellow senators. >> and just a few minutes ago, mccain's wife cindy tweeted to say god bless you to everybody who has taken care of her husband the last few months. >> harris: thank you. meghan and i are close, i love her so much. we connect on a level of being military brats because of our dads. today, as we are learning this news, it is information, she would always tell me. we take that information and we put it with our love and prayers. meghan, i'm with you and your family. we'll be right back. you wouldn't accept an incomplete job from any one else. why accept it from an allergy pill? 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[cheers] 30 grams of protein and 1 gram of sugar. new ensure max protein. in two great flavors. new ensure max protein. thanks, janet. it's welcomemy happy place. store. you can learn how to switch to xfinity mobile, a new wireless network that saves you cash. and you can get 5 lines of talk and text included with your internet. and over here i'm having my birthday party. dj fluffernutter, hit it! ♪ dj fluffernutter simple. easy. awesome. ask how to get $300 back when you sign up for xfinity mobile, and purchase a new samsung phone. visit your local xfinity store today. >> harris: all right, so it is here, hurricane lane hit hawaii with torrential rain, the store weakened to a category two hurricane. that is good. catastrophic flooding and mudslides are possible through the weekend. the slow-moving storm now and that is the punishing part, continues its path toward the islands. adam housley will bring the story from maui. >> basically watching and waiting for the islands, other than the big island, they have been getting drenched. they expect 8 to 10 inches in maui. it depends how the storm continues to move and break up and lessen. that is good news. bad news, we don't know how much rain we will get. the big island, on the east side of the big island is helo. you see the mudslide video and the rain. in some cases they have gotten 26 inches on that side of the island. unbelievable amounts of rain. the volcano protected the west side, they got little rain. the storm hits mountains and dumps the water down. we are expecting to get the water here. when you talk to people who lived through the rain on hello, they say unbelievable. >> just shocked, never have i seen this in 43 years, right, we used to run on this park as little kids and now a raging river. >> i feel like it will come more and our house will get like knocked down and stuff like that, so i just pray and stuff to not make it happen. >> meanwhile, to the west on aohu, the risens sirens sounded yesterday as precaution. the waters and rain come toward the island, the siren sounded for sometime as they checked them all throughout the island. people there are preparing for what might be coming their way, more rain event than a wind event. fema charges be prepared. >> lane is expected to maintain hurricane strength as it approaches the island. dangerous flooding will continue on the big island. threat for trop trop storm force or hurricane-force winds will continue for the next 24 to 36 hours, especially at higher elevations. >> what is crazy, harris, we can see the rain coming in the distance. we have lanai to my left, mshgs ulici that direction. heavy raindrop when is they come. and then it goes away there is no wind here. it's been a watch and wait process the last 24 hours. people here keeping their fingers crossed that lane continues to be downgraded and break up. we expect a lot of rain here. we do know, harris, give it back to you, pockets of heavy rain on oahu and lanai and maui. potentially where i am, 10 inches will come tonight. we'll see. harris. >> harris: some of the most popular places for big events, weddings and lanai, and other places for honeymoons, as well. people keeping an eye out as we are in wedding season and wishing the best for people on the island. thank you, adam, very much. new developments in murder of college student mollie tibbetts. the attorney for the accused killer, cristhian rivera, is blasting president trump, claiming he's speaking out against his client to push his immigration agenda. >> think that people are buying into the concepts and notions that mr. trump is bringing forward and at this stage in the process, it is not proper. the situation he's involved with concerning his status has nothing to do with the situation that unfortunately happened over on that road in brooklyn. i'm sorry. >> harris: meanwhile, new fox poll finds 7% decline in support for pathway to citizenship for illegals since february of this year. with much of the change coming among democrats. let's bring in thomas homan, former ice acting director under president trump and fok news contributor now, congratulations on joining us. we are best to have you. across the board now politically, you're seeing less support for the issue. >> well, i think the american people are being educated and they want the problems fixed. before we move ahead, we need to secure the border, fix the loopholes in the immigration system, we need to enforce the law. the far left simply doesn't want that to happen. the american people, i have said many times, the american people are smart, being educated. you know what, this president is right. standing by commitment to protect the american people and the country. >> harris: democrats and other critics, too, have said, there is a question mark between whether what is happening or what happened in iowa with the man allowed to stay here for seven years using fake documents is what we're learning from the farm he worked for there, but he was here for a long time and employed with that place for up to four years. is there a connection or cross-path between that and people on our southern border crossing in illegally? what do you see? >> look, this person was in the country illegally. this person admitted to killing this young lady. that is the two facts, right? he successfully hid out, hid from authorities for four years, doesn't make it okay. that is why in the last year and a half, i was pushing, we do prioritize criminals, 89% of everybody arrested had a criminal history. you can't forget about everybody else. you can't wait for them to commit a crime and make it a priority. we have to enforce immigration laws across the board, prioritize criminals. when i was acting ice director, i increased enforcement. take that magnet away, he came here to get a job f. that magnet would have been taken away, if we had a wall, the loophole in immigration system fixed who knows, if he wasn't here, the young girl would be alive today. it is sad tragedy like this brings it to the attention of american people once again. >> harris: yeah, by touching on that, you sort of bring into the point of the politicizing of all of this. i'm curious, because you led your team at ice, acting director, up until a few weeks ago. and so you were tasked with, you got to put out, i guess the noise of the politics, but it is hard to when people accuse you of having less than a heart with these issues. >> you know what, people ought to wear my shoes and see what i've seeb. i was in the back of a tractor trailer with a five year old little boy, it gives me nightmares tochlt say i or any of the heroes at ice don't have a heart, they are all fathers, mothers, sisters. it is not just about enforcing laws, it is about saving lives. you won't hear the far left talk about that. american patriots that stand on the front line everyday had over 2000 saves last year, 2000 people. they saved lives because they left them stranded in the desert, they were going to die. men and women have saved many lives, you don't hear about that. >> harris: yeah s. there something you would say to a kate stinley, or mollie tibbetts family? we are learning from you what some experiences were. >> what i would say, you have a president now that is giving you a voice. i met with the families of angel moms and dads, e-mail from don rosenberg, he lost his son to an illegal alien. the president himself and i've been in the room, he met with angel families, his heart goes out to them. he's the first president i know of that gave them a voice. he created the victims of immigration crime office at ice. this president is deeply committed to this issue. this president is doing his job. he wants to protect this country, protect united states citizens and he's giving a voice to victims of immigration crime. this president is doing the right thing, doing his job. i've talked to many, most angel families all love this president, they all believe this president is giving them a voice and glad this president is in their corner. >> thomas homan, fox news contributor, thank you. high stakes meeting coming up as secretary of state mike pompeo preparing for another trip to north korea. can a nuclear deal now be reached or is this more posturing by the kim jong-un regime? we'll talk with a congressman who recently went to the region. and a white house advisor's new warning to russia on election interference, but will vladamir putin be listening? whether we are doing enough to protect the elections coming up. stay close. our $19.99 oil change also includes a tire rotation. book an appointment online. but he has plans today. so he took aleve this morning. hey dad. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength stop tough pain for up to 12 hours with just one pill. tylenol can't do that. aleve. all day strong. all day long. now introducing aleve back and muscle pain, for up to 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election, that primary day on that particular tuesday, in that special election for balderson, he got the president's support on stage. you are looking at the pictures now from august 4th. it bumped him up and they have taken the republicans, that seat in ohio. big news today as we have been waiting to see what the numbers would show us. troy balderson winning for republicans in ohio. >> mike pompeo getting ready for fourth trip to north korea. that will happen next week. he will continue negotiations on denuclearization days after the un watchdog reported kim jong-un regime has not halted their nuclear program. president trump is telling reuters progress is being made. the house intelligence committee, and recently and importantly for the discussion today, went to south korea. you were there in the region. first of all, what can you confirm about any sort of continuation in the nuclear program via the north koreans? >> we don't know the answer to that question, yet. it shouldn't surprise anyone he would continue this program. harris, this will take a long time, this isn't the kind of thing you do between tuesday and the weekend. when i was an air force pilot, i was representative of b-1 and we were involved with the start negotiations and assault negotiations with russians. my gosh, those took eight years, in some cases longer, i think realistic expectations are important here. the reality is, we are making progress and evidence of that is, for example, mike pompeo going back to the region tomorrow. i know mike well, i trust him. he wouldn't be doing this if he didn't feel like there is an opportunity to do something if you'd ask me a year ago, i would have said no, i don't think kim jong-un will agree to denuclearize the peninsula, there is an opportunity to do that. >> harris: can you tell us what the actual word means, denuclearization, not just for us and our perspective, but most importantly for kim jong-un and whether or not we are on the same page with it? >> that actually is one of the key elements here that we have to decipher. when i think of denuclearization, i think of actually removing all nuclear weapons from the peninsula, north korea. kim jong-un may look at that and say, well, i mean i will disark semble my program, i won't build anymore weapons, but i'll keep a couple of them. that is really what we're negotiating with, among other things, but that is kind of the key to negotiations, what does that mean. i think it is important we press for this idea of him actually getting rid of all nuclear weapons and disassembling the nuclear program, that should be our goal. >> harris: it is not out of the realm of poenlt for there to be a situation where kim jong-un might try to move some stuff or hide some stuff in the interim between us trying to get a deal and actually making a deal. >> yeah, not only is that not outside the realm of possibility, it is the probability. he will probably try to do that. we go in eyes wide open, we don't want to be naive. we have a list of assets, this is what we think they have and locations we think they are. then we ask them and this is the process that we're in right now, show us and reveal to us your nuclear program. show us the nuclear sites, reveal that information to us and we want to compare those and when we do that, that is when we'll get a sense of how sincere he is in the negotiations. and -- >> harris: i'm sorry, you took a pause and i jumped in with a question. go ahead. >> we're early in the process still, i think that is one of the key next steps. >> harris: okay, house intelligence, that is where i see the role of this particular committee that you sit on, as being so important. it will be those trips that you all make as our elected leaders to that region and coming back with the intelligence. here are the things i would ask in terms of where you might put something. could you conceivably see somebody else erussia or china helping them hide stuff? this is not out of the realm of possibility, but where are we in doing some of that watching? >> yeah, and that is where the agency and the nsa and our military have such a critical role. you can say whatever you want, but as you say, carry a big stick. actually, verify, trust, but verify. that is the key to this thing. those assets are so important and could china help them? absolutely. could russia? potentially they could. measure intention of ark lies, particularly in china in this case. if china doesn't want this to go forward, it is very difficult to reach success without their help. >> harris: congressman stewart, breaking in with breaking news, the president has just tweeted. i have asked secretary of state mike pompeo not to go to north korea at this time because i feel we are not making sufficient progress with respect to the denuclearization of the korean peninsula. because of tougher trading stance with china, which we were just talking about china, i do not believe they are helping with the process of denuclearization, as they once were. parenthet cally, the president tweets, despite the un sanctions, which are in place. secretary poecmike pompeo looks forward to going in the near future, most likely after our trading relationship with china is resolved. in the meantime, i would like to send my warmest regard and respect to chairman kim, i look forward to seeing him soon, exclamation point. breaking news, congressman stewart, please react. >> everything in the tweet are things we talked about, isn't it? they are so related. ooip disark pointed, but not terribly surprised. we had a meeting with mike pompeo and north korean leaders several months ago, you may recall, was suddenly cancelled and then about a week later it was rescheduled. this is kind of the process that we're in. we will see these bumps along the road. i know the president is committed to engaging with them, i know secretary mike pompeo is. we will continue this conversation. to the point we just made, harris, china is such an important point this this, an important key, if they obstruct on this, it becomes much more difficult and we have this problem with china right now, trade made them not as willing of a partner. >> harris: we just saw the terrorist bump up to 25% on some goods. this president is serious about putting the squeeze on china. from house intel perspective, we understand, i asked, how do you keep them from hiding stuff, and keep them from doing what they say. leaning toward chien a. breaking news tweet now, i have asked secretary of state mike pompeo not to go to north korea. what does that then communicate to chairman kim? >> well, a couple things. also, to president chi, in china, two targets of this communication. to china, we're serious, this is the president talking, i'm serious about negotiations with you and the tariffs and concerns we have with trade. and he is serious about that and he should be. to kim jong-un, it is this. we will negotiate with you, but it has to be sincere effort. we have to have evidence we're accomplishing something and if we don't have evidence of that, we'll slow this thing down. i think that is what the indications are here. the again, i'm optimistic having been in the area, having talked with the administration, with secretary mike pompeo, and others, i am optimistic, but this will take some time. >> harris: because the president just tweeted this, i want to make sure that we get to the news on this point, back to denuclearization. you and i had just talked about the fact we as a nation and they as a nation have to get on the same page with all this. does this indicate, because the president says, i feel we are not making sufficient progress with respect to the denuclearization of the korean war -- korean peninsula, he is on the page of all nukes gone. >> yeah, yeah, this has always been this president's position. general mike pompeo and general mattis, as well. stef forward to eliminate the weapons program and reduce the number of nuclear weapons, but that would leave the united states as a threat and not just hawaii. not just seattle, entire united states with missiles would be under threat and that is unacceptable to most of us. so i think the goal has to remain the same. once again, we'll hit speed bumps along the way, that doesn't mean negotiations have failed. going back, one more time, negotiations with russia took years and years to put in place. you throw up your hands along the way, it is too hard, we will quit, you abort on a mission that frankly is achievable, we hope, and that is very important for the stability, not just security of the united states, but for the entire world. >> harris: you know, congressman stewart, i want to put a fine point on this. you and i have talked time and time again and people are watching in and out, this is a tune-in point, the president is serious, as you said, about dealing with china and all this, that is toughness that perhaps, unlike any we've seen previous to this president that we have seen on the issue of tariffs and so much more. i want to have you back on the program as the story continues to break. i hope you will come back soon, congressman stewart. great state of utah. thank you. coming right back, we'll stay on breaking news and the president's tweet that he will not send his top diplomat now to north korea to meet and talk about denuclearization. he's not impressed with the progress right now. stay close. ♪ you shouldn't be rushed into booking a hotel. with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. add-on advantage. only when you book with expedia. each of us is different. and each cancer is different. how it reacts, how it evades and adapts. and how we attack it. that's why at cancer treatment centers of america, we use diagnostic tools that help us better understand what drives each person's cancer. this is what we mean by 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i had on congressman stewart, sits on the house intel. he said, i'm not surprised by this. we have to get on the same page about a lot of things. >> no, it is important that north korea understand this president is not like past presidents. we're not going to be snookered into something we shouldn't be f. he's not satisfied with where we're at on the basis of the deal he felt like he came out of the summit with, he needs to pull it back and be tough. >> harris: what is interesting, you hear americans when you travel across the country say, we want the president and lawmakers to be on the same page. this is an answer back, whether meant to be or not, because it certainly meant for a message to chairman kim, there is part of the tweets that are directly to him. this is an answer back to all the critics who say the president won't look in a ga stalt fashion at the things changing. he is with this issue. >> i actually think this tweet shows he's got a tough learning curve. a few months ago he said north korea is no longer a threat, everything is fine. all of a sudden now we have these comments. i think he has a ways to go learning his way around the world stage as evidenced by this season of flip-flops in this summer of august. >> i don't think it is a flip-flop. i think conditions change. you come out of a meeting with someone saying, i will do these things and change. they do one or two and stop doing them, chairman kim changed the equation. >> harris: how do you think he changed the equation? >> if you are not getting satisfactory movement on tearing down of sites, not getting access to things you asked for. >> harris: being able to see the tear-down of site? >> exactly. good thing, good first step, more things attached to the list. if you try to jerk around this president, he will not take it kindly. >> kevin, don't you think it was premature to say north korea is no longer an issue? he said it with fair amount of certainty and people said they are still building nuclear sites. it took him this long to take this reverse course? >> i don't want to get too deep in the weeds, he did see some sites get dekconstructedeconstr. >> harris: the president tweeted he will not send his secretary of state to north korea. stay close. sometimes we will see him board an aircraft and make remarks and the last little while during the program, he's tweeted that he is no longer sending his secretary of state mike pompeo to meet with north korea about denuclearization at this time. he's not impressed, he says, by the progress that's being made. of course we reported breaking news this hour, as well, a hot open seat district 12 in ohio went to a republican, troy balderobberingson. celebration on the ground, no doubt. tiffany, come to you first on this, the president making the decision he wants more information, he wants to see what north korea is now going to do. his answer back is no, i'm not going to send the secretary of state right now, move forward with the progress. >> well, again, as i said last segment, i think this shows his tough learning curve. this is dangers of when you sit down with these types of dictators. >> harris: why is it dangerous not to send someone if you think things are not going the way you want it to be? >> like when obama would sit down with world leaders, it is dangerous to talk to dictators without preconditions. he legitimize somebody known for murdering people. >> harris: kevin, get you in there. >> the other part of the tweet, with china, big target, he wants to punch them in the eye, get the trading thing on track and go solve north korea, good strategy. >> harris: breaking news glad you were both here for it. we'll be right back. you always pay your insurance on time. tap one little bumper and up go your rates. what good is your insurance if you get punished for using it? news flash: nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. 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