Dana we miss having colin allred on, congressman from texas 32. Well have him on again. But we had Breaking News with the Attorney General resigning from his position at shepard continuing coverage as the Attorney General, Jeff Sessions has resigned. A replacement is at the ready. The ramifications are many. Reporting begins now from capitol hill. Justice, the wise house and beyond. First to the man that broke the story, john roberts live on the north lawn. John . Only by virtual of our terrific producer at the Department Of Justice, jake gibson who said he had information. We got it confirmed. So the president this morning asked for the resignation of Jeff Sessions. This was before he went in to that sometimes crazy Press Conference that was scheduled for 11 30 a. M. He knew that there was going to be a Resignation Letter that was coming over from Jeff Sessionsat the Department Of Justice at any moment. We have confirmed with sources that Matt Whitaker and the president has tweeted about this so its confirmation at the highest source, Matt Whitaker, the Chief Of Staff to Jeff Sessions from ohio what, ran in the republican primaries in 2014 for the senate in iowa will now become the Acting Attorney General. Jake gibson also reports that as Acting Attorney General, the russia investigation would now fall under his purview. The Ethics Implications have not worked through and may be that whitaker may not be able to take over the investigation. Right now, it stays with Rod Rosenstein and we dont know, by the way, his fate in the future. But it could turn over if it
clears ethics to Matt Whitaker. The president talked about whitaker some weeks ago. It sounded like sessions was on his way out the door. A Press Release had been drafted saying that whitaker was going to be the person to replace him. That several people at the Justice Department talked about the idea that whitaker might replace him. Things cooled down for a while. We knew, shep, that Jeff Sessions was not likely going to be Attorney General for long after the Midterm Election. We didnt know though that it was only going to be a matter of hours. Now, the president at the Press Conference this morning was asked about changes his cabinet and sessions. He said i dont want to talk about that right now. Well talk about that in the future. He said hes happy with most of his cabinet and there were other changes likely ahead. He was asked about ryan zinke
and the allegations against the secretary. He said hes looking into that. He doesnt like how it sounds on the surface but hes waiting to find out more details. I believe, shep, this is the first shoe to drop in what is some significant changes in the president s cabinet. Mattis has been talked about in terms of a possible departure. Hang on to your seats. The ride is just beginning. Shepard john roberts, back to you. Reporting continues on Fox Television stations across the nation. Catherine herridge live on the hill. Catherine . Thanks. In the last few minutes, we have obtained the Resignation Letter sent by Attorney GeneralJeff Sessions to the white house after the president resignation this morning. It reads at your request im submitting my resignation. Since the day i was honored to be sworn in as Attorney General, i came to work every day to do my duty and serve my country. Ive done so to the best of my ability, working to support the
fundamental processes that are the foundation of justice. He continues most importantly in my time as Attorney General, we have restored and upheld the rule of law, a glorious tradition that each of us has the responsibility to safeguard. We have operated with integrity and lawfully and aggressively advanced the Policy Agenda of this administration. Ive been honored to serve as Attorney General and worked to implement the Law Enforcement agenda based on the rule of law to form a central part of your campaign for the presidency. Thank you for the opportunity, mr. President. My contacts had reported prior to the midterm if there was significant increase in the number of senate seats by republicans that we could look for a very swift transition at the head of the Justice Department after the midterms on the basis that the president felt with greater control in the senate, he would have greater likelihood of getting his candidate choice through that process. Just adding on to what john
roberts said. This comes also at an important inflection point, if you will. If you think back to around september, the president indicated that he was willing to immediately declassify some of these Russia Records that House Republicans had been moving to make public. They had to do with a Surveillance Warrant for carter page. Then the president did a very abrupt reversal. We heard from him today that News Conference that this matter is now under consideration in a very aggressive way. To recap, those reports include 19 pages from a Surveillance Warrant. That was signed by the Deputy Attorney general, Rod Rosenstein as well as interviews with a senior Justice Department official who became a back channel for the dossier based on emails and other records during the 2016 campaign. As well as somebody called exculpatory evidence. This is evidence that should have been provided to the court because it conflicted with the
russia narrative. My contacts said they didnt anticipate and dove tails in i immediate movement with Rod Rosenstein. They said there was a feeling that mueller was coming to the close of his investigation on Russia Collusion and that rosenstein would sign off on the findings and any movement would be considered an Obstruction Of Justice case and something that they want to avoid when it coming close to the conclusion. Shepard Catherine Herridge, stay with us. Reporting is under way now. Our correspondents on capitol hill are working sources there to get reaction from the leaders on capitol hill. Were also getting reporting in from the Justice Department. Its underway. When its complete, well bring it to you shortly. Analysis now. Judge Andrew Napolitano is here for context. Big picture, what does this
mean . A couple things. The Resignation Letter was prepared in such haste that its not even dated. I heard you say that. I very possible that its been there for a while. Its unconceivable that lawyers would sign Something Like this without it being dated. The president may very well have said i want your Resignation Letter, its going to be in my top drawer and all publish it when im ready and i know. Secondly, the fisa application about which katherine has spoken at length, the president said he was going to reveal. He suddenly changed his mind 180 degrees after members of the intelligence committee, british intelligence, Israeli Intelligence dissuaded him from doing so. This tells me that this is part of some larger picture. What larger picture . If this is perceived as a series of events look at by the president in order to interfere with the Mueller Investigation by putting another person in charge of it that may take it over, a person more friendly to donald trump than bob mueller is perceived as being, President Trumps own champion in the republicans and the United States senate, senator Lindsey Graham have said that would be a constitutional crisis. So we have a lot of facts to get our arms around here, shep. I dont know where this is going to go. Its volatile right now. Shepard we heard Chuck Schumer say constitutional crisis. What does that mean . That the president is using powers to prevent the rule of law from taking its normal course. That would put reaction on the part of the congress. The congress, house soon to be controlled by the democrats, but many more republicans have indicated that they would not roll over to an effort to interfere with bob mueller. Chief among them is the president s principle ally in the senate, senator Lindsey Graham who used the exact same phrase four or five months ago that Senator Schumer used four or five minutes ago, the phrase you just quoted. Constitutional crisis. Shepard would lawyers and judges call this offense after a Midterm Election defeat on the house . Ask me again. Shepard would this be returning to offense . Yes, this is the height of offense to do Something Like this within 24 hours of the conclusion of the midterms. I must also tell you that though mr. Whitaker is now Acting Attorney General whitaker is a former United States attorney for the Southern District of iowa and was confirmed by the senate for that, he was not confirmed by the senate to
become Acting Attorney General. The statute requires that the human being that runs the Department Of Justice has been confirmed by the senate for a Senior Leadership position, only three people there, Rod Rosenstein who is next in line, noel francisco, the person that represents the government before the Supreme Court and a third person whose name im not remembering below mr. Francisco. None of those is Matt Whitaker. There may be an issue with whether or not hes legally qualified to serve as Acting Attorney General. Shepard stay. Ill have more questions in just a second. I have to get to reporting now. First want to go back to Catherine Herridge quickly. Its not a secret that weve been hearing for quite some time that its possible this week and possibly this day that we might get something from bob mueller. The timing here might suggest and im asking for your reporting on this, that maybe the white house has heard the
same thing. What i can say from my own reporting is that we entered what amounted to a blackout period prior to the midterms with the Special Counsel. Thats why so much of the reporting went quiet. Those are the standard u. S. Attorney guidelines that youre not supposed to announce and indictment or investigation, open an investigation 60 days prior to an election. So weve been in this blackout period. I know from my reporting as well that once we pass the midterm mile post that the flood gates may well open with another indictment, im not going into details because that would be speculation and movement with a former fbi Deputy Director andrew mccabe. His case has been front of a grand jury here in washington d. C. About his role in a media leak in the 2016 campaign. So for a lay person, the brakes are off in terms of announcing pending prosecutions or investigations. So thats what i can say as fact and not speculation. Shepard thanks, Catherine Herridge. Reporting on the timeline. This is actual reporting from events that took place. August the 11th, President Trump called Jeff Sessions scared stiff and missing in action. August 23, President Trump says Jeff Sessions never took control of the Justice Department. August 25, President Trump said Jeff Sessions doesnt understand what is happening under his command position. September 3, President Trump blasted Jeff Sessions for charges against gop congressmen. September 4, the bob woodward book fear alleged that President Trump called him a traitor for recusing himself. Same day, President Trump called sessions a dumb southerner. Judge napolitano with analysis. As we know, the president has been on a vendetta using language that is typical to him and offensive to people not even
involved with this in order to push back with Jeff Sessions. Its clear that something happened. Either hes had this resignation updated, this updated Resignation Letter shepard sounds like that is possible because i have new reporting just came in. This new reporting just in to fox news channel. John kelly broke the news to Jeff Sessions, not the president. John kelly made a phone call to Jeff Sessions this morning and informed him of this. Thats new reporting. Heres the dilemma that you asked me and i referenced Senator Schumer and senator graham. If they asked for a resignation of Jeff Sessions, was done for a bona fide governmental purpose because the president didnt like his leadership or in this case absence of leadership at the doj, the request is lawful. If the purpose of asking for the resignation or revealing a resignation already had was to interfere with the bob Mueller Investigation of him, of the president , you have a potential
additional charge for mueller to examine against the president of the United States called Obstruction Of Justice. Shepard more reporting on this. Catherine herridge now. Catherine . Just for context, its important to remind folks at home about the status of the Deputy Attorney general, Rod Rosenstein. There was a back and forth leading up to the midterms and the voting over whether he would appear before House Republicans and he would do an under oath transcribed interview. Those terms were never agreed upon and the interview was growing to focus on allegations that the Deputy Attorney general had discussed recording the president and invoking the 25th and maybe other options to include the appointment of a Special Counsel or Obstruction Of Justice case as a way to push back against the Trump Presidency in may of 2017. May of 2017 is like the ides of
march. Thats when Director Comey was fired, this alleged discussion about recording President Trump and the immediate appointment of the Special Counsel, Robert Mueller. So when you look at the Chain Of Command at the Justice Department, we have the resignation of the Attorney General, Jeff Sessions, the deputy who is overseeing the russia probe remains under pressure to return to the hill and answer questions under oath about these allegations that he