Marketed men beat him, yelled racist slurs at him, put a rope around his neck and splashed him with a chemical. Hes black, openly gay and a star on empire. Investigators say they couldnt find any video of an attack. But they released images of two persons of interest as they put it who were in the area around the at the time of the alleged assault. Last week Police Arrested two nigerian brothers. Investigators described them as suspects. But then released them after questioning. Whatever they told police raised new questions about smolletts story and investigators say they want to sit down with the actor again. Smollett has denied reports that he staged the attack and slammed people that dont believe him. Mike tobin reporting. Hes live in chicago where the investigation is taking place. Mike . Chicago police say they no longer consider smollett to be a victim of a hate crime. They want a followup interview with him. His team says not today. A short time ago, a statement was released from his crisis p. R. Team. Reading as follows. His attorneys will keep an active dialogue going with Chicago Police on his behalf. All of this follows the interrogation of the brothers from nigeria. The Anonymous Sources said smollett paid them to stage the attack. They rehearsed it and now theres physical evidence to back it up. Enough evidence was developed in the interrogation of the two brothers to let them go. Chicago police are now repeating this desire for a follow up interview. You have a lot of people touched by the allegations of this attack. Had elements of homophobia, race and politics involved in it. A lot of people were angry. Kamala harris called this a modern day lynching. A short time ago when questioned about this, she said she wants to hear all of the information with the completion of this investigation and will only comment after that, shep. Shepard mike tobin live in chicago. Lets go to stephen greenberg, a criminal defense attorney. Hes been practicing in chicago for three decades. What do you make of this . Its an interesting case. You know, usually they dont bring people in, interrogate them and release them and say that the alleged victim is now maybe a suspect in something. What theyre looking at here is an obstruction charge of some kind, making a false report to the police. Shepard as some of the reporting goes well, lets ask it this way. If in fact he did stage this and file a false report, what can happen . Well, it would be obstruction or it would be a Disorderly Conduct charge. It would be a class 4 felony under illinois law. They would present the case to a grand jury. If they returned an indictment, he would be arrested, he would be prosecuted. He could be looking at anything from probation or going to the penitentiary. Shepard theres no grand jury at the moment. Police say they need to speak with Jussie Smollett. Thats their next step. Does he have to speak with them . If not, what avenues do the police have . Well, he doesnt have to speak to them. Every citizen has a right to remain silent. That cant be held against you. The police cant introduce that to the grand jury. They cant introduce that factor until trial. The way it works in cook county, we always have a grand jury seated. Theyre seated by the month. So if the police think that they have a case, they contact the States Attorneys Office. Now, i know, shep, the States Attorneys Office was involved last week. I was sitting in a courtroom when they came in to get a search warrant signed by the judge for the two brothers where one of them was living. They would present the case to the prosecutors. If the prosecutors wanted to go forward, they would present the case to the regularly sitting grand jury, which sits two or three days a week and then there would be an announcement of an indictment, arrest and so forth. What do you know about the statements of the two brothers . Well, all i know is whatever they told the police, the police were able to verify and based on that, they decided these two brothers were not the attackers. And that likely no attack took place. Shepard theres reports that one of the brothers bought the rope. Fox news cant confirm that. The reports are out there in a lot of places. If that happened and if continues this same theory that the police are now working under, if he sent the note to himself back in the day, last month, if he sent that note to himself, are there charges for that as well . Well, you can send mail to yourself, so i wouldnt think there would be charges for that. Its interesting. The two brothers would be, for lack of a better term co conspirators. They must have cut a deal with the brothers to cooperate and keep themselves from getting charged and a staged event. Shepard if you were advising, would you tell Jussie Smollett get in there and talk to police or stay away from police . You know, he has some fine lawyers. I dont want to suggest what they should or shouldnt do. Its not looking that good for him. I would say that. The general thing is people dont talk themselves out of criminal charges. Shepard thanks, stephen. Thank you. Shepard breaking news. President trump is about to take off on marine one from maralargo in the palm beaches. You can see the chopper there, screen left. Hes traveling down to miami. So a quick flight south where hes set to talk about the crisis in venezuela. Right now thousands of people in that country are starving and marching towards the venezuelan border where the u. S. Dropped off aid. But Nicholas Maduro ordered the soldiers to stop the crowds to get to the United States. He calls them crumbs to undermine the government. Ahead, President Trump calls it treason. The president reacting to a new interview with the former head of the fbi, Andrew Mccabe and his claim that the Deputy Attorney general talked about giving a constitutional amount to push out the president. Thats coming up as reporting continues on this president s day monday. As a fitness junkie, i customize everything bike, wheels, saddle. Thats why i switched to Liberty Mutual. They customized my insurance, so i only pay for what i need. I insured my car, and my bike. My calves are custom too, but i cant insure those. Which is a crying shame. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. But prevagen helps your brain with an ingredient originally discovered. In jellyfish. In clinical trials, prevagen has been shown to improve shortterm memory. Prevagen. Healthier brain. Better life. Shepard the former fbi director Andrew Mccabe says that President Trump may have committed a crime when he fired the fbi director james comey back in may of 2017. Andrew mccabe claims that the president tried to publicly undermine the investigation into his campaigns possible ties to russia and that the fbi had good reason to open that investigation. We have team fox coverage, john roberts, on the president s reaction and first to Catherine Herridge with more on what weve heard from the former deputy director, mccabe. Shep, promoting his new book, hes said the data points were cause for deep concern. Publicly undermining the effort of the investigation, the president had gone to james comey, asked him to discontinue the investigation of mike flynn, which was a part of our russia case. The president then fired the director. In the firing of the director, the president specifically asked Rod Rosenstein to write a memo justifying the firing and told rod to include russia in the memo. Rod did not do that. The case referring to all of this going down in may of 2017 after the president fired james comey, mccabes old boss. That left the fbi and others in turmoil amid concern that comeys firing amounted to an effort by the president to obstruct russia. Then he talked about russia and the meeting a tractor trailer white hou at the white house. That was on the president s mid. And then he made the comments to nbc and the russians that was captured in the oval office. Put together, these circumstances were facts that indicated a crime was committed and the president may have been engaged in obstruction of justice in the firing of jim comey. The internal watch dog, michael e. Horowitz that mccabe lied about a media leak. He rejects this finding. He said he was not fired for violating fbi ethics standards but rather something else. He made it quite clear that he wanted me gone before i could retire. I believe i was fired because i opened a case against the president of the United States. There are inconsistentsies with his interview and his testimony. This video from october shows baker leaving the closeddoor group that he understood from somebody mccabe that the 25th amendment discussions were more advanced and two cabinet members were ready to support it. Rod rosenstein has consistently rejected that characterization but rosenstein has declined to go to the hill and clarify his comments under oath, but that may be about to change with the republican chairman of the Senate Judiciary committee vowing to use a subpoena if he has to to get mccabe and rosenstein under oath and clear this up. Shepard thanks, catherine. John roberts reporting live at the white house. Hi, john. Good afternoon, shep. President trump clearly not happy with the tale that Andrew Mccabe is telling, taking aim at mccabe along with Rod Rosenstein who submitted his resignation as the Deputy Attorney general weeks ago but still working at the department of justice. The president tweeting this morning, wow, so many lies by mccabe. He was fired for lying and now the story is more deranged. He and Rod Rosenstein looked like they were planning an illegal act and got caught. A lot of explaining to the millions of people that just elected a president that they really like and done a great job with the military, vets, economy and more. This was the illegal and treasonous insurance policy in full action. White house officials with a very harsh assessment of somebody cake. Lets to Mercedes Schlapp. Mccabe was fired by the fbi. We know hes lied on multiple occasions, including under oath and hes a partisan hack. So he can hes trying to sell a book. The mere fact is that hes a liar. As Catherine Herridge was mentioning, Lindsey Graham wants to get mccabe and rosenstein before a Senate Judiciary committee. No word on when they might schedule that hearing for, not just yet. Shepard and reaction from the president about declaring an emergency at the boreder . Yeah, reaction from the president and across the street from the white house. A number of protests across the country, including one in lafayette park. You can see white house officials insisting that opposition to the president s Emergency Declaration has got nothing to do with what is pragmatic or proper but all about politics. Listen to steve miller. I guarantee you, if donald trump said he was invoking the National Emergency to build a secure perimeter in iraq or afghanistan or around a military installation in syria, there wouldnt have been one word of objection from congress. This is defending our own country. We should mention the motorcade just arrived at maralargo for the helicopter to transport the president to miami. The speech that he will be giving about venezuela. That will be an interesting one that will make news. Democrats in congress say they will introduce legislation when they get back from the week off to block the president s Emergency Declaration. Public citizen is already filed a lawsuit in District Court here in washington d. C. The aclu plans to file a suit as well. Later on today, we expect the attorney general of california will lead a multistate charge against the president s declaration. Heres what he said. Well be filing today, president s day, unfortunately. Well be joined by a dozen states. The separation of powers being violated. Were going to make sure that donald trump cannot steal money from the states and the people that need them since we paid the taxpayer dollars to washington d. C. White house officials believe theyre on solid legal ground with the money that would be unlocked by the Emergency Declaration. Keep in mind theres only one particular pot of money the president needs in the Emergency Declaration, the military construction money. The rest of it he can get easily. Heres Mercedes Schlapp again. Those pots of money we can build immediately, work with our contractors. The president met last week with the general from the u. S. Army corps of engineers to get this process going. The president wants to move fast. He recognizes that this problem has been festering for decades. Now, youre saying to yourself, wait a minute. Theres money the president can get right away. 1. 37 that Congress Gave him. 600 million in the forfeiture fund. 300 million in the department of defense antidrug program. He can get that money right away. Theres another 2. 2 million that they can reprogram in the dod. That might take longer. Shep, the only money that he need that Emergency Declaration for is the 3. 6 billion in the military construction budget. A chance he may not get his hands on that until the Supreme Court rules on them. Shepard thanks, john. Kelsey barris was engaged to be married when she disappeared months ago. She had a daughter and now her fiance is in jail accused of murder. And kelsie barretts murder says they think they know the motive. The first video of Anthony Wiener since he was out of prison and while hes on the street, hes not yet free. That is next. Ive got some big news for veteran homeowners about their valuable va home loan benefit. The newday va cash out loan can get you 54,000 or more to pay off credit card debt, put cash in the bank, and lower your payments by over 600 a month. With automatic authority from the va, newday can help veteran homeowners when other lenders wont. Home values are rising. Nows the time to use the va home loan benefit youve earned with your service. Go to newdayusa. Com or call 1855newdayusa the former new york congressman, Anthony Wiener, released from prison where he was serving time for sexting a 15yearold girl. The New York Post caught up with him outside a Halfway House in the bronx. Congressman, what did you order . Im not allowed to talk. Shepard not allowed to talk if you picked it up. For lunch, the post reports he got lasagne, a couple drinks and only gave the guy about a 10 tip. From a rulebreaking side, you may not bring food or beverages into this facility. Stop, no exceptions. Anthony wiener went to prison in 2017 after he pleaded guilty for exchanging xrated texts with a teen in north carolina. That came after separate sexting scandals derailed carlos dangers congressional career. Trace gallagher reporting with the rest of the story. Hi, trace. Hi, shep. Anthony wiener shaved off three months for good behavior, so now hes at the Halfway House in the bronx until may 14 when hes scheduled to be released outright. After leaving the bronx, the 54yearold will spend three years on supervised release, pay a 10,000 fine and register as a sex offender. He admitted that he knew the girl he was sexting was in high school. Before he was sentenced he in 2017, he said he had a sickness but doesnt have an excuse. The man that delivered the food to the bronx Halfway House is named carlos. When carlos was told who he delivered the food to, he wasnt happy. He called him a blanking pervert. Shepard he could run for office again though. Yeah, not only can convicted felons run for office, they can be in office and prison at the same time. Theres tricky guidelines. Anthony wiener not only served in congress, he ran for new york mayor three times. Have to remember while investigating a ledged crimes in 2017, the fbi found those 141,000 emails on his laptop that the feds thought were relevant into whether Hillary Clinton mishandled classified material. Just weeks before the 2016 election, the fbi reopened the clinton email investigation and reversed itself two days before the election. Anthony wiener was married to a top Hillary Clinton aide, huma abedin who filed for divorce after he pled guilty to sexting a minor. Shepard thanks, trace. An ancestry website may have helped crack another unsolved murder from decades ago. This particular one happened in 1993. Somebody stabbed and killed a woman inside an apartment in minneapolis. Investigators recently put dna from the crime scene into a genealogy website and came up with a possible suspect. Detectives say they matched his dna, this mans, after secretly collecting a napkin that he used and threw away at a hockey game. The lawyer says the man plans to plead not guilty. Investigators started using genealogy websites after the Golden State Killer was used with the same procedure. The parents of a missing colorado mom say they think her fiance killed her over a custody battle. They say Kelsey Barrett would not give her fiance custody offer that 1yearold daughter. Prosecutors have charged him with murder. The mom went missing three months ago after video shows her shopping at a Grocery Store thanksgiving morning. That was in