disappointing! it s setting a serious tone. senator sanders hoping to reignite the grassroots energy that propelled his ultimately failed to 2016 primary run. sanders, a self-described democratic socialist, vowing not only to defeat president trump but to reshape the country with progressive policies like universal health care and a $15 minimum wage. watch. we are going to win. we are going to also launch what i think is unprecedented in modern american history. that is a grassroots movement, john. to lay the groundwork for transforming the economic and political life of this country. that s what s different. melissa: it s unclear if sanders will be able to stand out in the current crowded field of democratic candidates. among them, california senator kamala harris, who appeared to take a dig at senator sanders in new hampshire yesterday. watch. well, the people of new hampshire will tell you. i will tell you, i m not a democratic socialist. melissa: many candidates are echoing policies that sanders championed. senator elizabeth warren proposing universal child care plan, paid for by a wealth tax. senator harris, along with senator cory booker, again embracing the controversial green new deal yesterday. in the meantime, the new york times reports that former president obama has been quietly advising 2020 hopefuls and hinted that he sees a relatively open space for a more moderate democrat, given the abundance of hard-charging liberals in the race. john, i can t forget myself roughly four years ago i was on the couch on the day that bernie sanders came out. at the time we were all sort of shocked. who is this person who has called himself a socialist? he was did the clinton s paying to get in the race? all kinds of drugs are made at the time. lo and behold, he gets more than 60% of the vote in new hampshire and he has drag the conversation to the left across the country. he has already achieved a lot. what do you think of his chances this time around? jon: and will see him at all becoming the nominee. for one i don t, no. i m kind of bothered by the fact that he sort of goes between wanting to be an independent who caucuses with democrats versus being a democratic socialist. what i will give him credit for is actually coming out very boldly and unapologetically for policies that he really believes in. i think that s important. it added a level of authenticity in that campaign that i think we needed, particularly in 2016. but now we have another crop of candidates coming out. sticking of a territory last night. we heard from amy klobuchar, taking out a little bit of that middle ground. we will see where people come out. but the policy discussions are very good. melissa: you mention amy klobuchar on that sound bite. let s play that quickly so the audience knows what you re talking about. would you support free college for all? i m not for free for your college for all. no. if i was a magic genie and could give that to everyone and we could afford it, i would. melissa: dagen, now she s going to stand out in the group. basically saying no. it s amazing how far we ve come when you look at bernie sanders ad that he rolled out. he went through all the policies that he championed at the beginning of his run, which seemed outrageous. now, at this point, democrats are mostly embracing it. if you have to stand up and say, no, i m not forgiving away the farm to every sickle person. there isn t enough farm. dagen: and we will talk about socialism in the few short breaths. that s where a lot of this conversation is going. i don t think that is overstating it. he calls himself a democratic socialist. no, he s a socialist. in fact, it s his medicare for all plan that he introduced not that long ago that all these other senators and now presidential candidates have glommed onto. it doesn t do away with private health insurance in this country. you re going to kick more than 150 million people off their private health insurance that they get through their employer, and rip up medicare as we know it. again, he has gone so far left that you know how the likes of elizabeth warren going even further left and saying, i m in favor of confiscating wealth in this country to pay for, in part, child care for all! anybody i joked in the tease that somebody that rhymes with smiden is going to come in and be a moderate. joe biden could come in talking about president obama, come in and say, i m for fixing obamacare. lisa: i don t think you can say that bernie sanders is outside the mainstream of the democratic party anymore. look at the most recent poll of fox news, shutting the 43% of the democrats have a positive view of socialism. gallup found lester in the polling that in the first ever, more democrats have a positive view of socialism than capitalism. in the backdrop of venezuela, which i know we will get to come and look at what socialism does. looking with the nationalization of industries like oil, banking, agriculture, dust to an economy that was once one of the richest economies in latin america. it is now so poor, we have a point where 14-year-olds are literally selling their bodies to try and make money. you have women who were formerly doctors, teachers, doing the exact same thing. people who are writing, begging for food. you look at maduro being able to use the power of food over those people. government control. the speech which we are going to get to it so powerful and so impactful, basically painting the opportunity for futures. one, where the government retains control, or freedom. which is what american capitalism, what we believe in. melissa: we haven t heard from emily yet. go ahead. the three some of my issues about bernie sanders first of all, i think that recycled natue that he and the democratic party are used to in terms of putting forth their who is holding the flag, that the party has evolved past that. so i simply don t see the party that has evolved to this day really accurately standing behind him and letting him represent that base. secondly, when you are talking about transforming a party and the country, and the grassroots movement required to do that, i don t see the runway ahead of him to do so. i don t see him stepping aside from his hubris to pass the torch to somebody who could in invest in that long-term sense come to carry that grassroots movement. i don t see him being able to do it dagen: jon, i will give you the final were to move on. if you say his name to democrats, they rolled their eyes. jon: as i said, i don t see him becoming the nominee. keep on with the scare tactics. it s going to work great for us. i don t think anyone sees us headed in the direction of venezuela. they just don t see that. they know that s not what are selling. they don t see the united states of america in any way heading in that direction. they are a lot smarter than a republican dagen: hold that thought. it s not a concern about what might happen next year if you go toward socialist policies, it s how it evolves. all of the sin that shows up in the united states is not the country we thought it was. this is what we are talking about. president trump last night, yesterday, blasting socialism during a foreign policy address in. to members of the venezuelan ex-pat community. the president ramping up pressure for the country s embattled socialist president to step down, and explicitly going after the dispute regime ideology. watch this. we know that socialism is not about justice. it s not about equality. it s not about lifting up the poor. socialism is about one thing only power for the ruling class. [applause] and the more power they get, the more they crave. dagen: meantime, a venezuelan citizen who escaped the country in his teens drawing parallels between what he experienced in venezuela and his perception of the rise of socialism in the united states. here is daniel dimartino on the story with martha maccallum. i hear what i heard back in venezuela from the same socialist regime that told us every thing was all all right. health care was a right, housing was a right, jobs where a right. when everything is a right according to the government, nothing really is. everyone is either unemployed or hyperinflation has consumed our wages. dagen: since jon got the last word at the end of that segment, i go to lisa. lisa: thank you. dagen: you get to defend yourself. lisa: i appreciate that, dig in. thank you. you can t say socialism isn t at our doorstep relook at the amount of democrats who support socialism over capitalism, as i mentioned in the gallup poll. you have democrats calling for single payer, calling for the green new deal which would up and major industries in this country. you can t make the case. president trump giving this speech was so smart. he puts pressure on maduro, which is important. drastically, it s going to be a big fight heading into trying 20. depending on who democrats nominate. he gave the speech in miami, florida, where you have a large cuban population. that they went to present turbo 2016 and it s a powerful voting block. dagen: but andrew gillum was behind medicare for all. i swear that what gave ron desantis a leg up in the governor s race was older people in that country, and people who came from socialist regimes. they understand the devastation. basically, at a eradication of medicare as we know it and a takeover by the government is very dangerous. melissa: actually think you guys are both right and the sense that it starts where you are, jon. it starts with this idea if the mic of, wouldn t it be nice if? you just do a little bit because these people can t get up on their own. it s ours with these good wishes. the problem is that human beings are motivated by self-interest. that s why the free market works. when you get into a system where you are beginning to give everything away, all of a sudden people start gaming the system. a person who gets to decide who gets the goods is the political ruling class. i don t think those folks in washington are the ones to decide. you get $2, you get $1. that s what it turns into. lisa: beautifully said. dagen: this is not just money, these are people. these are life and death just like when you deal with medicare as we know it. which, by the way, the hospital trust fund is going bust by 2026. so that s the danger. my great aunt i ve said this before my great aunt marguerite in this country was sterilized because she was mentally disabled. this is something that went on in the state of virginia. thousands of people were sterilized in this country. just in the state of virginia, up until the late 70s. to think that can t happen again because we don t remember that that s what is dangerous. that s why socialism scares people. emily: that s a point i was going to make. my issue, too, the conversation not this one, but the national conversation that is so polarizing a philosophical is that it has no memory. but there so many voices at the kitchen table presently and among family members that aren t being representatives in the mainstream media, or those of te loudest on the left. the reality of the past. what i also don t understand is for those entrenched in our government and are continuing to seek that, the power grab they are engaged in, they are not utilizing what we have been seeing for the last decade. we talk about the green new deal and how to refresh things, how to save money, do this, turn things over what about the $1.7 billion we lose every year just with empty federal buildings? where is the digging in at the analysis of what is present rather than a philosophical nature of what s happening in the future to the tune of trillions? lisa: but it s happening now in venezuela. it doesn t it s here. it s in venezuela right now. you have 350,000 people reported that have inadequate medical care and could die as a result. jon: here is the great news if democrats are so excited for socialism like you think they are, lisa, they can go all in on bernie sanders. as i think back to 2016, that s not what happened. lisa: kamala harris and cory booker are addressing the same policies, though. jon: that s not happening at all. if you would get a word in coming here. dagen: kamala harris came in and essentially said in her town hall after she declared her candidacy she has backed the medicare for all build. she came out again for it, and it does away with private insurance. it is a government takeover of the health care and health insurance system in this country. that s a fact. jon: let me tell you something. again, going back talking about a about amy klobuchar, she was one who was very confident in promoting progressive values and progressive policy. she also said he can t give away everything to the point melissa was making. when you talk about health care, medicare for all, whatever you want to call it. obamacare. at the end of the day, anyone who has a sick family member wants that family member to go to the doctor. i will proudly stand with any party who will increase access for your child, my child, anyone s family member, to be able to go to the doctor when they need to. and that s what we are talking about. dagen: we ve got to go. the slogan for medicare for all will be, you like your dr. question what you don t get to keep him. new reaction to the latest expose of claims from former acting fbi director andrew mccabe saying he told republicans he was launching a probe of the president. that s getting serious pushback. a live report and much more on that ahead. 16 states filing a lawsuit against the president s declaration of a national emergency at our southern border, just as the president predicted. could this actually keep them from building that wall? 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emily: they are arguing many different things. basically, we are hearing the talking points from both sides. they are addressing their appropriations aspect. they are addressing the emergency declaration aspect. it is lisa: does he have the authority, do you think? emily: has come he does. i wanted to point out something. thank you for my question. there are seeds of emergencies and effect now. we are hearing that. i want to probe a little deeper. but we are reading is the fact that it doesn t have to do with appropriate and different funds or securing different funds from other parts of the government. but there s a whole host of arenas where does and it has to do specifically with the executive power. why do we think that export controls in the hands of the white house and has been for over four presidents, or throughout four presidents? that s been surpassed unsuccessfully. i don t see anyone in congress arguing that or even holding their every six month analysis which, according to that, they are supposed to do. there has been a level of, frankly, laziness and an absolute disinterest in evening maintaining this whole time. ask that lawsuit really quickly the states are also arguing the fact that they are aggrieved that the citizens are aggrieved. if you look at the map, it s not a clinic or arizona. but it includes some northeastern ones. they are aggrieved by the fact that a large criminal justice component is being affected. that s a law enforcement, drug export and import, the illegal drug aspect, and more. i found that disingenuous of the lease because of how much a celebrity place into those part parts. lisa: i appreciate the analysis. jon, the thing that s frustrating or that i don t get about democrats is how somebody like jerry nadler who has basically investigative oversight as the dysuria chairman of things like immigration he is saying things like, we are not going to let president trump be a king or a tyrant or usurp the power of the purse. if he supported president trump on daca. what is the difference between the two? jon: we are talking about the power of the press that s one of the reason why it lisa: but jon, can i jon: not that they are opposed to what he s doing. republicans are, as well. lisa: i want to know the difference. the point is the fact that your president obama basically unilaterally rewriting the laws. the same acquisition goes to president trump using the wall parts of what is the difference between the two? jon: he did not declare a national emergency. i want to go back in my free time sometimes i do really boring things. one thing i did over this weekend was read the republican policy platform. on page two melissa: you found that born? [laughter] jon: on page two it says, we condemn seizing the power of the purse from elective representative. and that s exactly what this president is doing right now. the reality is he is actually dragging this out. it s going to be a long court proceeding, as we talked about. melissa: i think that s what he s doing it. jon: that is melissa: if you listen, john roberts has been doing some fantastic reporting on this. he breaks down were all the various pots of money that he s using comes from. he points out that the money that releases with the national emergency that comes along with it is just one of the little tiny parts. he has all this other money over here that he has taken from other spots. i think it s a way to continue the fight for a long period of time and keep it in the headlines. jon: exactly. melissa: why he continues to build the side. speech he can expect these states to file an injunction blocking him from tapping into the money he s looking for from the military and other sources. as it works its way through the courts, but to the election in 2020. you think nancy pelosi the president has essentially started a fight that he doesn t even have to win the. the jon: that s what the disingenuous pieces of it are. he s doing it in in order to get it done quickly. he wants to drag it out the 2020. dagen: then all politicians are disingenuous. we can all agree on that. it s a point of agreement. lisa: well, catherine herridge is next on the serious pushback against the latest claim from former acting fbi director andrew mccabe. what the story means for the new attorney general, bill barr, as he takes the helm ahead. did you suspect the president might actually be working for russia? 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melissa: fox news alert, new reaction to former acting fbi director andrew mccabe as he continues making explosive claims on his book tour. the former fbi officials and congressional leadership did nod them a counterintelligence investigation into president trump had been launched. saying one of the reasons the probe was opened was concerned that the president was a potential national security threat. chief intelligence correspondent catherine herridge s life in washington with the latest. catherine? thank you, melissa. this morning as part of his promotional book tour andrew mccabe told nbc news that he breached congressional leadership, known as the gang of 8, that he opened the case into the president in may of 2017. this is a recommendation that came to me with my team. i reviewed it with our lawyers are discussed with length. did you tell congress? i told them what i had done. did anybody object? that s the important part. nobody objected. not the legal, constitutional grounds, or based on the facts. a member of congressional leadership tells fox news that his claim is confusing and possibly misleading because congressional leadership knew months earlier that the term campaign was under investigation. on 60 minutes, he said the firing of director comey and other incidents involving russia drove his decision-making. that was on the president s mind. then the president made those public comments that you referenced. both on nbc and to the russians, which was captured in the oval office. put together, these circumstances work. facts that indicated a crime may have been committed. the president may have been engaged in obstruction of justice and the firing of jim comey. given those claims is worth a second look at the testimony under oath just two days after his old boss was fired. in that testimony, he struck a different tone entirely. i do believe there is a crisis of confidence in the leadership of the fbi. i suppose it s somewhat self-serving and i apologize for that. [laughter] it was completely within the president s authority to take the steps that he did. we all understand that. on twitter this morning, the president said he never said anything bad about andrew mccabe s wife of irfan not having taking money from another resource. they found that he did not declare more than $650,000 on disclosure forms at the time. a bureau spokesperson said that he was certified peer that s the term. being in compliance and full disclosure with not required of his wife s salary for the campaign contribution she received, melissa. melissa: good for you, finding that piece where he said under oath the exact opposite of what he said on the today show. there you go. thank you for that. among new calls to investigate the justice department s handling of these probes, new attorney general bill barr is beginning his first full week on the job as the nation s top law enforcement officer. republican house judiciary committee member john radcliffe says barr has a historic opportunity. watch. i will tell you, it s incredible could challenge but he has the opportunity to be perhaps the most consequential attorney general their lifetime. he is going to have the opportunity to try and restore the american people s confidence in the justice department. the first order of business for bill barr would be to address the byproduct of those senior leaders at the fbi and the department of justice that were trying to undermine the american election of 2016. that byproduct is the mueller investigation. melissa: you know it so interesting about that, john? no matter which side of the i use it on you think that department basically meddled with the will of the american people. whether it was coming out and making that announcement about hillary clinton s emails, i do have democrats still so at about that and feeling undermined the election. now, on the right, people feeling like andrew mccabe and the others in that room are undermining the will of the people and trying to overturn the election. either way, we have this real crisis of confidence. you think that william barr is somebody that can help get things back in order? jon: i certainly hope so. he has a lot of respect in washington and his been on a long time. hopefully he s able to do that. and hopefully president trump will allow them to do that. part of the reason there is a lack of confidence the doj s that the president has undermined the doj are too much day one. melissa: they had nothing to do with the hillary clinton emails thing? there were a lot of problems going on before the election. comey did a lot of damage before president trump ever came to office. jon: with the president has done a terrible job of doing anything that reinforces what law enforcement is doing. instrument of attorney general sessions i think also says a lot about how he has handled law-enforcement prints hopefully he will let barr do the job and try to bring back some confidence. dagen: let me just point this out special counselor bob mueller has not been fired. that is a talking point from the left, from the democrats, literally starting the day the special counsel was appointed. it has not happened. bill barr, new attorney general, will not come in and fire him. if anything, the wall street journal editorial board writes about this today. that bill barr, in a major speech, needs to come out and start explaining to the public where the fbi went so badly wrong and what he is going to do to make sure it never happens again. i m paraphrasing. emily: i respectfully disagree with everything you said. [laughter] whatever erosion melissa: everything cuesta mag [laughter] lisa: i love it. i m going to use it. emily: whatever erosion has happened in the public space in terms of the fbi has not been on the part of the president. i m not saying he is without to go in separate pots. i want to point out another thing. that victimhood that he obtained on the book tour, when he passed the ig report and said it was a selective presentation of evidence against me, only doing the bidding, the evidence they want to see. refusing to discuss the fact that he s being investigated for possible criminal charges. i foresee a subpoena for rosenstein who is now evading even mentioning the topic of whether he was kidding or not about wearing a wire. i think that is the level of interest the public needs to have. because how is it even possible that that investigation was not tainted by those political opinions? now we are seeing on air, they are shouting from the rooftops on book tours about how it did. melissa: do you think william barr everybody here on the couch basically has a beef with the doj and the fbi and how things have been run. no matter what side you are on. do you think william barr is the guy who can put the house back in order? lisa: i certainly hope so. as conversations on this couch demonstrate, the department of justice has taken a hit in credibility. both sides of the aisle do not trust the department of justice. so i hope that barr is able to do that. we need to see some sort of accountability acknowledgment that there was a vast amount of failure at the doj in order for that to happen. i also think you mentioned president trump s distrust of the department of justice. some of that is worth it. you have rod rosenstein, the one who laid out the memo for firing james comey and and you point e special counsel once that happens. you ve got all these people involved in the investigation, clear bias against president trump. dagen: but they use these cronies, these bureaucrats within justice and the fbi they used a dossier that was paid for by the hillary clinton campaign, and unverified dossier, to get a warrant to spy on somebody within the term campaign! how can anybody say that it isn t just an abuse of power and a disgusting abuse of law enforcement? i do understand that! melissa: on that note, amid the twists and turns in the jussie smollett case, the media s role is being called into question. some prominent figures do a big 180 from believing him to now criticizing him. with this could mean for public discourse on some very complex issues. we will debate that. people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? oh, oh, oh, ozempic®! ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens. don t reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. serious side effects may happen, including pancreatitis. tell your doctor if you have diabetic retinopathy or vision changes. taking ozempic® with a sulfonylurea or insulin may increase the risk for low blood sugar. common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. some side effects can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. oh! oh! oh! ozempic®! ask your healthcare provider if ozempic® is right for you. raquen. rakutahn. rakooten. rakuten oh! is this my money? whoaaah! haha! rakuten ahhh! rakuten! we re finally going on the trip i ve been promising. because with expedia, i saved when i added a hotel to our flight. so even when she outgrows her costume, we ll never outgrow the memory of our adventure together. unlock savings when you add select hotels to your existing trip. only when you book with expedia. and i don t add trup the years.s. but what i do count on. is boost® delicious boost® high protein nutritional drink has 20 grams of protein, along with 26 essential vitamins and minerals. boost® high protein. be up for life. dagen: new followed after chicago police cast more doubts over allegations from actor jussie smollett. now, some in the media who were initially sympathetic to him are calling for him to be held accountable if he was not being truthful. here is msnbc host al sharpton on sunday. if it is found that smollett and these gentlemen did in some way perpetrate something that is not true, they ought to face accountability to the maximum. dagen: there are new questions over the way early skeptics of smollett s claims were attacks. one gq writer print size the police media outlets for being careful, writing this conscious wording is one last wound inflicted on smollett s battered body. the hedging but they don t need hedging. a crime scene involving a corpse is not discussed as a possible death. in a new york times op-ed, commentator noah rothman writes that this is the case of people in power ignoring facts to advance their causes. this case exhibit five is the tendency of those are bidders to amplify perfect crimes that advance their political agenda. what lessons do we learn from this in the media and across the country? jon: i think people were quick to take it as his word because it s unthinkable that someone would make up something like this. i watch the coverage. it s important that we don t allow this to become an excuse for believing that racism and homophobia don t exist. i can tell you as a gay guy that homophobia is very much alive. i can share voice mails that help prove a point. i hope that we would learn this important lesson. i hope that the people who need to be held accountable are held accountable. but i hope it doesn t divert us from a very important conversation that we still need to continue to have as we continue dagen: i just want to add, there is this compulsion on social media not just with this case but in general to weigh in. the covington high school kids on washington, to jump in to signal their virtue without knowing anything about what really happened. the one that s because the same mob on social media attacks people who don t weigh in. why didn t you say something to support this person? it s because you are anti-gay? is it because you support terms that you didn t say anything? and the point you make is those that are now criticizing him and at his throat, again, before we have all the facts, are making the point that he is taking away the conversation from other victims who really have been victims. that it s a disservice. all the way around, it s just i forget also speaks to we say in these cases, believe all victims, believe all women. it has to be here all victims, here all women. and you decide if you hear them whether they are credible. lisa: i view the covington kids story in this case in the same way. if so may people in the media and on the left choosing to believe that narrative that is most damaging to president trump and trump supporters. i think what it shows us how much the left and so many people in the media have such a disdain for the millions of americans voted for president trump. my question to democrats and also candidates like kamala harris and cory booker who are so quick to believe the story, how are you supposed to flip the 22 counties in wisconsin that went from obama trump? the counties in iowa that went from obama trump? when you loathes and have celeste don t like such disdain for those voters. jon: i will agree with you with the covington kids. there s a difference between these two cases. with the covington kids, people did jump to conclusions because they didn t have the evidence there. as opposed to the situation were somebody reported, said it did happen. there are two different situations. dagen: i just broadly said, we have lost the ability to just shut up. [laughter] shut up in this country, and listen and wait for facts to come out. unless you are going to hit the ground running and dig up those facts and be an actual reporter and a journalist, then you need to just sit back and let the story developed. emily: what disturbs me the most as an attorney is the fact that specificity of language is being attacked in this example. that gq quote. why is it that when the hallmark literally of our criminal justice system is that there are allegations until corroborative evidence is brought into prove it? you can make an informed decision. then what is it that literally people were attacked, vilified, for choosing to wait and not jump in and to actually for cooperative evidence? on either side. the analogy, i do agree, it can be made to so many things. including #metoo, and others excluding round there. it s a hallmark of our system to wait and see and be presented with evidence. to say, i hear you. it doesn t mean they believe you in this moment. i m reserving judgment showed respect for it. it behooves all of us to have that measured approach. and the apology afterwards, i m sorry, i shouldn t have jumped in, have you mitigated the response a popular question my cabbie responded appropriately to the nth degree as you should? all sides are being attacked. dagen: thanks, all. the second bird donna clement to accuse justin fairfax of sexual assault doubling down on her call for a public hearing. can state lawmakers satisfy her request? an delivery due process. we will take that up, next. fo s value. thank you, admiral. so if you need money for your family, call newday usa. go to newdayusa.com or call 1-855-newdayusa need cash? at newday, veteran homeowners can get 54,000 dollars or more to consolidate high rate credit card debt and lower their payments by 600 dollars every month. go to newdayusa.com or call 1-855-newdayusa i kept putting it off. what was i thinking? ok, mr. jones. we re all done. i told you it was easy. with life line screening, getting screened for unknown health conditions is so quick, painless and affordable, you ll wonder why you hadn t done it before. so if you re over age 50, call now and schedule an appointment near you. for just $149- a savings of over 50%- you ll receive a package of five screenings that go beyond your doctor s annual check-up. ultrasound technology looks inside your arteries for plaque that builds up as you age and increases your risk of stroke and heart disease. after all, 4 out of 5 people who have a stroke, their first symptom is a stroke. so call today and start with a free health assessment to understand your best plan of action. so why didn t we do this earlier? life line screening. the power of prevention. call now to learn more. lisa: welcome back. the second woman accusing virginia lieutenant governor justin fairfax of sexual assault said she is willing to testify in public, and justin fairfax should come too. meredith wasn t calling out virginia lawmakers in an op-ed writing, i am frustrated by calls for an investigation rather than a public hearing into these matters. such investigations are secret proceedings out of the public eye, leaving victims vulnerable to selective leaks and smears. and we all know how such visitations and come with inconclusive results. meanwhile, virginia s former governor terry mcauliffe appearing to have a change of heart. mccullough first said it was time for governor ralph northam to step down after that basic, graces yearbook photo service. but now he says northam could survive the controversy. listen to this. i think he has made a decision he is going to stand. the way that ralph survives and brings virginia back together, he s got to lean in on these very important issues. lisa: john, do you think this apparent change of heart has to do with the fact that you have three top democrat lawmakers in the state of virginia that are all facing their own series of crisis? i don t know that terry mcauliffe i don t pretend to speak for him, but i didn t pick that up as him changing his opinion so much a sort of pontificating what he ought to do if he decides to stay. i think northam should step down paid i absolutely think he should step down. public hearings on fairfax, fine. i think we should be investigations, just like i said during the kavanaugh period. i thought there should be investigations than other should be now. if you did something wrong, he should be held accountable. if this is a false allegation, the person making this allegation should also be held accountable. lisa: do you think this will have an impact? there are state legislative races this year, in november, for virginia. what impact is this going to have in the electorate, do you think? jon: such a great question. it s hard to know. obviously every democratic candidate on the trail is going to be asked, do you support him? do you think they should step down? and hopefully they ve already got those answers. to me, those answers are pretty obvious. because if you go with morality, then you know what needs to happen. it ll be interesting to see what the impact is. it s hard to predict exactly what it would be at the stage in the game. lisa: that s fair. [laughs] emily, you talked about in the last block about due process. in the #metoo era, i think that s one of the biggest problems we face. he dealing with the alleged victims that come forward with accusations but also providing due process for the accused. how best to be achieve that goal in this day and age? emily: that s a great question. i think there are different avenues that victims can pursue. what we are seeing played out is how effective that is. for example, on the law enforcement side, we see roadblocks that pop up in terms of the statute of limitations or corroborative evidence. we see in many cases that were splashed all over the national conversation and the front page of media that come at the time, there were declinations for the prosecutorial discretion to decide to prosecute or not. that they were declinations, there are police department s he did not decline to refer it even to the d.a. for that reason. there s that kind of issue. then there s the one we heard in the tease that certain investigations are behind closed doors. i understand wholeheartedly from that victim or that alleged victim, from her saying, that s not good enough for me. i don t trust that process, i don t trust those results. and then we have the public hearings were people declined to be quiet and rush to judgment. for viewers, i think the answer is that there s a ton of different processes. but if there are issues we have with them, they are legislatively able to be taken care of. that something the voters in virginia, to me, should take it upon themselves to participate in. dagen: yes, let ralph northam the governor of my home state state in that place so now we can get back to his explanation of how infanticide would work in the state under the abortion law. because i think that is a huge fear for a lot of democrats. that he basically laid out something that they are not willing to discuss. that will really unite people who are conservative in this country. lisa: for the viewers at home, why that is important is because of the statewide legislative races that are up this november. republicans only hold a very small majority in the house of delegates and the state senate. i am also a virginian. that bill could potentially pass if the dynamics change there. dagen: it also forces all the democrats running for the presidential nomination to talk about what they say in terms of pro-life or pro-choice. lisa: more outnumbered and am just a moment. stay with us. drivewise. feedback that helps you drive safer. and that can lower your cost now that you know the truth. are you in good hands? reach her health goals! i m in! but first. shelfie! the great-tasting nutrition of ensure. with up to 30 grams of protein and 26 vitamins and minerals! ensure. for strength and energy. we all make excuses for the things we don t want to do. but when it comes to colon cancer screening. i m not doin that. i eat plenty of kale. ahem, as i was saying. .with cologuard, you don t need an excuse. all that prep? no thanks. that drink tastes horrible! but.there s no prep with cologuard. i can t take the time off work. who has two days? and i feel fine - no symptoms! everybody, listen! all you need is a trip to the bathroom. if you re 50 or older and at average risk, cologuard is the noninvasive option that finds 92% of colon cancers. you just get the kit in the mail, go to the bathroom, collect your sample, then ship it to the lab! this is your year! own it! cologuard is not right for everyone. it is not for high risk individuals, including those with a history of colon cancer or precancer, ibd, certain hereditary cancer syndromes, or a family history of colon cancer. ask your doctor if cologuard is right for you. covered by medicare and most major insurers. ask your doctor if cologuard is right for you. i was on the fence about changing from a manual to an electric toothbrush. but my hygienist said going electric could lead to way cleaner teeth. she said, get the one inspired by dentists, with a round brush head. go pro with oral-b. oral-b s gentle rounded brush head removes more plaque along the gum line. for cleaner teeth and healthier gums. and unlike sonicare, oral-b is the first electric toothbrush brand accepted by the ada for its effectiveness and safety. what an amazing clean! i ll only use an oral-b! oral-b. brush like a pro. dagen: think you, john somers! it wasn t too fiery! [laughter] jon: thanks for having me! it s always fiery! dagen: next time i will sit close. great to see see you come pleae come back soon. we are back tomorrow at noon eastern. right now, here s melissa francis in for harris. melissa: fox news alert, the first major legal challenge to president trump s emergency declaration is here. 16 states, led by california, accusing the president of an unconstitutional use of executive power. let s get to outnumbered overtime. i m melissa francis in today for harris faulkner. attorneys general for all parts of the country making their case against the president, denouncing his controversial method to fund the portable. the responsibility to determine where our taxpayer dollars go is congress responsibility. donald trump cannot usurp that obligation and privilege. he is trying to do that through this fabricated emergency declaration, which he himself has admitted he didn t have to do. in every respect, the facts prove that donald trump is acting outside the law in declaring an emergency.
at. brian kelly. there s a lot more to your introduction but i cut it off. [laughter] jessica: eight hours of radio. not enough time. melissa: let s get right to it. the white house releasing this picture of president trump signing the national emergency declaration today. the president using his executive powers to obtain billions for construction of a border ball, calling it an urgent problem that needs to finally be addressed. the top democratic leaders in congress releasing a statement calling this a power grab, and fighting it in the courts. it allowed the president to continue to fight for the wall while averting other personal government shutdown. watch this. we are going to be signing today and registering a national emergency. because we have an invasion of drugs, an invasion of gangs, and invasion of people, and it s acceptable. by signing the national emergency, something signed many times by other presidents. nobody has done the job that we have ever done. nobody has done the job that we ve done at the border. melissa: a fox news poll finding 56% oppose president trump congress and declaring an emergency to build the wall. with 38% in favor. chief congressional correspondent mike emanuel s life on capitol hill with the latest. mica? melissa, good afternoon. white house officials tell fox news here is how they intend to round up money to build the border barricade. $1.375 billion in the appropriations bill that congress just passed. $600 million for the treasury department forfeiture fund, $2.5 billion from the defense department in terms of reprogramming, and $3.5 billion from the military construction budget. president trump says he recognizes this action will get tied up in the courts. we will have a national emergency, then we will be sued, they will s he was in the ninth circuit even though it should be there. and we will possibly get a bad ruling. then another bad ruling. and then we will end up in the supreme court. and hopefully we will get a fair shake. and we will win in the supreme court, just like the ban. they sued us in the ninth circuit and we lost, and then we lost in the appellate division. and then we went to the supreme court and we won. a republican senator who helped negotiate the appropriations package isn t sold on this maneuver. i ve been very clear about my concerns of the president declaring this as an emergency in ways that haven t been done before, and that is still my view. but let s see exactly what he tries to do and how he tries to do it. and then we will see where it goes from there. but majority leader mitch mcconnell says he will support this national emergency, and some of president trump s closest allies here like south carolina republican senator lindsey graham says he understands the president frustration. we have these three weeks to see we could find a compromise. my hope was we could give president has numbers and do something about tps and daca. that ship never appeared and it was very disappointing. you send troops to the border, which obama did. bush did it. trump has done it. why can t they erect barriers why they are there? i think he has all the legal authority in the world to do this, and i will stand behind him. others suggest lawmakers will regret this precedent. no one is putting this in the column of national emergencies. if that were to happen, it would be, i think, a very serious mistake. it would be opening the doors for future presidents to come in willy-nilly and declare national emergencies just because their priority project was not approved. in fact, some suggest a future democratic president could declare a national emergency on health care, climate change, or gun violence. melissa? melissa: mike emanuel, thank you so much for that. brian, i want to start with you. to be clear, the white house laid out these various pots of money that they are looking to for the wall. there is the $1.375 billion from this deal, which has a lot of handcuffs on it. there is $2.5 billion from the pentagon s drug interdiction initiative. $600 million from the treasury drug forfeiture program. it s only that $3.5 billion from the pentagon s military construction fund. that is the only piece of this up to $8 billion is the total that the only piece that comes from declaring this national emergency. was it necessary? brian: the reporting this this together for the last three months, and they didn t know what was going to happen. you have to understand one thing he s not just trying to fulfill a campaign promise. he believes it is an emergency. he could do sony and by default, given that. but i m on a lie detector test, it would come out the same way. he believes it. he deals with law enforcement and coming to that conclusion. if you see their point and sound bites of the last few days, if these people are saying that they don t care about politics, they are saying, we need help. we need the barrier. it actually is effective. the reason why more drugs come through the ports is because that s where they have the most sensors and monitors. that s why they are picking up most of it. to me, there been 58 times there is been used by president since jimmy carter. we will test the limitations of the power of the present. i can understand the reservations. one thing is that the gun analogy doesn t work. that s the second amendment, that s a right. but when you talk about other areas, may be down the pike that will be declared emergency, maybe if they are an emergency they should be declare this way. this congress can t do anything effectively. melissa: here s the other side. and the other situations where you read appropriate funds werem somewhere else, it does violate the constitution because congress has the power of the purse. the president does not. elizabeth: that is the argument pray that s why five republicans oppose it, including susan comments. tom tillotson marco rubio. here s the thing , yes, he has the statutory authority to do this. to use reprogram money. you see it in the 76 emergencies act. it says he does have the power, without regard to the provision to do this. the gao supports this, 2006 secure fence act supports this. there is language existing that he can do this. representative mo brooks is saying, how many more dead americans do you need for this to be declared a national emergency? we had it for swine flu, the sierra leone diamonds. we know that president obama got money for obamacare. brian: and he was sued, and loss. this will be a war of attrition in the courts, though. the emergencies act for the president s power. the issue remains is it a crisis? yes. are people being harmed by it? are americans being harmed by it? yes. i think that s where the focus should go. we want the president denies this is grading precedent. these are his words. i will get your response, jessica. the people that say it creates precedent? what do you have come a 56, or a lot of times? that is creating precedent. that s far more important than having aborted. you don t have a border, you don t have a country. melissa: lindsey graham made the point, too, the democrat s could have made a deal if they wanted to trade for daca. it s been interesting to me, the past couple weeks. given her democrats say a word about wanting to help people who are trying to get permanent status here. they could have traded for that. jessica: that s because they believe they can get a clean bill there. and nancy pelosi has said that since the beginning, that she wants a clean bill for dreamers. that we are going to be looking at car brands of immigration reform. we have the new candidates for president talking about that, lick him equal bishara did with bret baier. there s a distinction to be made here between an emergency and having a wall. there are people who say that a border wall would help us. congressman will heard, who represents 42% of the space there. he says we don t need a wall. with the present is doing is transferring a licorice emergency which may be i believe this thing. i believe in you, brian, that he believes this is true. for you to say he s been president. he was having a majority in both houses and didn t do anything since the beginning. since he came down that golden escalator and change all their lives. it seems ridiculous. patently false. if it s an emergency, it should have been declared an emergency years ago. the numbers have not changed, actually, when you look at the statistics going back over the last 20 years. it should of gotten dramatically better. elizabeth: if you said that to a family, they would say yes. jessica: doesn t mean you circumvent the constitution. he set a precedent elizabeth: i don t know what a crisis is, then. lisa: a clean deal for daca would be insanity, because you are encouraging and incentivizing illegal activity. further illegal activity on the southern border. that is a nonstarter and it s just not it s kind of a dumb idea, just to be honest. secondly. jessica: thank you. speech here that was nancy pelosi, not you. jessica: i just said that on her behalf. lisa: oh, stop. you had people apprehended on the border last year. it s fair to say there is a crisis here in dealing with your activity on the southern border. i worry for the present, foam up political standpoint. because i believe he s on solid footing when he talks about law & order. i think the conversation around immigration over the past few weeks has been illuminating in the sense when you ve had democrats and brings lawlessness. they brought illegal immigrants to the state of the union. you ve had bob menendez think it s not criminal to cross the border and documented. of course it is. you have democrats that want to get rid of or reduce the numbers of detention beds, forcing i.c.e. to release criminal aliens in this country and not be able to apprehend that. democrats have embraced lawlessness in this country, that is a strong argument for president trump. but now the focus is going to be on the wall, as opposed to him being trying to strongly make that argument and make it clear. melissa: brian, let me ask you andy mccarthy was on making the point that president obama, when he was looking for the money to put on the pallets to give to the iranians, he pulled from the judgment fund. they were quieter ways to go around what was happening with congress, and find the money for this. without declaring a national emergency. baking the courts to stop you. that he could have done what president obama did, to get money. when he couldn t get out of congress. what do you think of that? brian: that this is very sophisticated, subtle way of doing this. i don t know if you ve noticed this president doesn t do subtle well. he doesn t want people accusing him of, what are you doing when you took that money and repurpose a customer why didn t utility but a customer adam schiff. these are the people i ve dealt with. i will say this all they had to do is be more reasonable in the negotiation. to give $1.3 billion and have all these tags to it. can t do it in rio grande city, you couldn t go into texas, had to do with the individual merits. you can t put a fence near the national butterfly park. the historical park. it can only go in one direction, one way, and it got to get permission from all these matters. so this is not a legitimate melissa: to think of the democrats want to? they were antagonizing him into making this move. brian: to think he was thinking that far ahead? jessica: doesn t matter what that means? republicans crated this as well. they have three coequal branches of government. the president is not a despot. he s not an autocrat. he has to work with congress. that s why we send these people to washington, to ask them to check on him. because that s what he gets. brian: what happens as part of the negotiation is saying, is that we are going to do? this is what i m going to do. nancy pelosi needed to negotiate pair that was her choice. nobody thought jessica: but she gave him $1.6 billion. speech whoever the democrats? elizabeth: there are cities in mexico that have higher homicide rates per capita than the middle east. brian: didn t care about butterflies. speech of the democrats were silent about doctor. he said he didn t have the authority to do it. the devil caps on of police speak from. it is much stronger talking about law & order as opposed to talking about this national emergency democrats declaratio. the waters are muddied. not all are public and serve with him. independents might not become a democrat truly ardent. speed when he tweeted about how he overstepped his authority. b3 there s always a treat. melissa: for everything. [laughter] all right, new fallout over former acting fbi director andrew mccabe claiming an interview that doj officials were serious, not sarcastic, when they discussed possibly removing president trump from office. note lawmakers want them to testify what he says about the department s action for the president. plus, democrats divided as amazon scraps plans to build a new york city headquarters. some anger at the loss of thousands of new high-paying jobs, but congresswoman alexandria kazu cortez and 2020 candidate elizabeth warren are celebrating those lost jobs. local business owners are left to pick up the pieces. go down to the actual site and see basically what we are left with now. just turn your cameras that way to the parking lot. the bombed out cars in our neighborhood. this is not shangri-la over here. we need this over here. we needed this. fact is, every insurance company hopes you drive safely. but allstate helps you. with drivewise. feedback that helps you drive safer. and that can lower your cost now that you know the truth. are you in good hands? sleep number 360 smart bed. it senses your movement and automatically adjusts to keep you both comfortable. and now, save 50% on the sleep number 360 limited edition smart bed. plus, 36-month financing. ends monday. and need money for your family? newday usa can help. we earned a lot of va benefits with our service. but the va home loan benefit is a big one. if you want to use it to get cash, call newday usa. and don t let less than perfect credit hold you back. even if you ve been turned down for a va loan by your bank, call newday usa. they ve been given automatic authority by the va, and they can often help veterans when other lenders won t. by re-financing up to 100 percent of your home s value, you could take out 50,000 dollars or more. you could use that money to pay credit card debt and other expenses, plan for retirement, and get back on your feet financially. need money for your family? call newday usa right now and use the va home loan benefit you ve earned and deserve. go to newdayusa.com, or call 1-855-newdayusa. ensure max protein. to give you the protein you need with less of the sugar you don t. (straining) i ll take that. (cheers) 30 grams of protein and 1 gram of sugar. ensure max protein. in two great flavors. who we are as people and making everybody feel welcome. ordering custom ink t-shirts has been a really smart decision for our business. - [narrator] custom ink has hundreds of products and free shipping. upload your logo or start your design today at customink.com. i was flabbergasted. i said, why on earth, after all the effort we have all put in, which recently walk away? it s clear they made up their mind on their own. if that s where they thought they could be a part of our community, it probably wasn t going to work out anyway. if they thought they can just be an island and not a part of our city. melissa: yeah, good luck with the lost tax revenue. new york city mayor bill de blasio blasting amazon for canceling plans to build the second headquarters in new york city with as many as 25,000 new jobs. goodbye! the plantar local opposition over billions in tax incentives for amazon. now democrats are deeply divided over the deal s collapse. new york governor andrew cuomo blaming democratic-controlled state senate, writing a small group of politicians put their own narrow political interests above their community. the state s economic future and the best interest of the people in their state. the the new york state senate hs done tremendous damage and they should be held accountable for this lost economic opportunity. but congressman alexandria ocasio-cortez tweeted. anything is possible! today a group of every day new yorkers and their neighbors defeated amazon s corporate greed, its worker explication, and the power of the richest man in the world. and 2020 hopeful senator elizabeth warren tweeting, amazon, one of the wealthiest companies on the planet, just walked away from billions in taxpayer bribes, all because some elected officials in new york aren t sucking up to them enough. how long will be allowed giant corporations to hold our democracy hostage? but some local business owners are not so happy. take a look. business in queens come everybody. we are closer business here. don t bring your big business here, because if you are too big you get the ire of two days before the deal there was an announcement that we would get new supers, subways. it sounded good. without amazon i m hoping the city still follows through on their promises. yeah, right. spew what i ve got to start with you because you re my a business lady over here. it was on, we all buy stuff from amazon. they make a bunch of money. they are opening crating always jobs here. the local government wants to take the money that they ve made, in the form of taxes. they let them keep it as an incentive to come here. but these other politicians are mad because they were counting on that money from amazon for all of their little projects all over the place, all the other stuff. so they punish local new yorkers by taking away 25,000 good jobs because they weren t going to get that tax revenue. amazon was going to keep their hard-earned money. where my going wrong? elizabeth: you have nailed every point. you are on it. i understand the corporate welfare debate. however, 230 cities were also bidding. come to us, we will give you tax breaks. new york was built on tax breaks. your point is well taken. as you ve noted, it wasn t a three billion-dollar cash pile as alexandria ocasio-cortez by the way, they say that she s trying to of the economy. it wasn t a pile of cash they were taking. it was over a ten-year period they would get the breaks, if they hit job targets. to melissa s points, those jobs could have been $3.75 billion in annual salary. people playing income taxes, those workers pay corporate taxes for the different amazon affiliates. and sales taxes paid local property taxes. the estimated boon for the progressive wish list, and revenue coming in $27 billion was the estimate that could have come in for the $3 billion down payment over ten years for a tax breaks. so that is the math. melissa: doesn t it make more sense, if you want to create a level playing field and you are saying that amazon is getting text makes and the little aren t i hear that point, and expense. knit me to lower taxes on the other businesses rather than kicking them out? elizabeth: what he sang with the new tax rules, governor cuomo, why are the city is paying such a price because they have high taxes. judging by this let s leave the text of the way it is. the liberal governor and mayor of new york bribed amazon, and they beat out 200 cities. to get a number one draft pick, to get lebron james, which get mike trout, you have to bring in and make an incentive. because they are rare talents. amazon is a company that is as good as any in the country. a great story. they were going to get $8 million worth of square feet in long island city. they were going to pay for it. they were to revamp, they were going to pay $295,000 per square foot to take over the plant. they were going to bring in countless jobs that the average paid between $150,000.175000. it s just the bidding. amazon would grow. it would be an attraction for everyone to come. you have to do a lot to get a lot. this is an investment, which shows you of the democratic party wants to live off this investment, this is part of that socialist attitude. i hate rich, success will people. i hate big successful businesses. if that s going to run on melissa: they have no tax revenue! they now have no tax revenue to bring all the green new deals and everything they want to do. lisa: and cuomo already announced a budget shortfall. and people fleeing the city because of the texts down my cost of living. and the taxes. i can attest removing here. but it s funny, because the governor of texas tweeted out. he said, this is what you get when you push socialism, when you re hostile to business. and he rented everyone that texas is number one for business, trying to send that message out. funny for him to get on this. the tickets becoming increasingly i would love to get jessica s opinion. that they are beholden to alexandria ocasio-cortez. she was leading the charge on this. you look at the green deal, and how many 2020 presidential contenders signed up for this ridiculous pipe dream which is the green deal. so the democrat party bold into her parade what are the ramifications? jessica: it s not just her, she did have some buddies working on this with her. the state senators are very powerful. we are divided on this issue. i think the most important reactions i ve seen other people people who run affordable housing projects. the housing board. you have congressman who came out against this. people who have long represented people in the city, saying, we wanted this. we need this prequel so you re right, over 200 cities competed and we won because of this. i ve always had difficulty with the argument that if you are running against the system you have to do everything outside of it. hillary clinton got a lot of flak for running within the system, saying, i can change things if i m inside of it. what s going on with the progressive movement is saying, you can t take corporate money or work with big companies. the truth is, you do need change we need to be old to do that from the inside. getting amazon here is not just to create jobs but start a more productive national conversation about how to change the way melissa: that s interesting. a replicant say they want answers from andrew mccabe after the former acting fbi director reportedly said in a bombshell interview that doj officials talked about possibly using the 25th amended to remove president trump from office. but mccabe is now pushing back, saying his comments were taken out of context. the very latest on that, next. what actual evidence that you have the term campaign was colluding with russians? you had none. they had zero. they conspired early on, in 2016, to open a counterintelligence investigation into a political campaign. i don t keep track of regrets. i never count the wrinkles. and i don t add up the years. but what i do count on, is staying happy and healthy. so, i add protein, vitamins and minerals to my diet with boost®. boost® high protein nutritional drink has 20 grams of protein, along with 26 essential vitamins and minerals your body needs. all with guaranteed great taste. the upside- i m just getting started. boost® high protein be up for life. woman 1: this. woman 2: .this. man 1: .this is my body of proof. man 2: proof of less joint pain. woman 3: .and clearer skin. man 3: proof that i can fight psoriatic arthritis. woman 4: .with humira. woman 5: humira targets and blocks a specific source of inflammation that contributes to both joint and skin symptoms. it s proven to help relieve pain, stop further irreversible joint damage, and clear skin in many adults. humira is the number one prescribed biologic for psoriatic arthritis. (avo): humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you ve been to areas where certain fungal infections are common and if you ve had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don t start humira if you have an infection. woman 6: ask your rheumatologist about humira. woman 7: go to mypsaproof.com to see proof in action. lisa: welcome back. there is going follow from former fbi director enter mccabe 60 minutes interview promoting promoting his new boo book. a mccabe spokesman is now pushing back on reporting that mccabe said he and senior justice department officials discussed a plan to potentially remove president trump from office, saying no serious discussions took place and mccabe s comments were taking out of context. now republicans on the house and senate judiciary committee are calling for mccabe to testify. they also want to hear from deputy attorney general bob rosenstein, the top republican on house judiciary says that mccabe s reported comments confirm american s worst fears about corruption at the doj. listen. speak of this is a time in which we actually see our department of justice using the full force to contemplate what could be nothing less than the coupe it is not the fbi as a whole. it goes back to one cabal that continues to fester. they found their time and that eight days after mr. comey was fired. they said, this is our time to act. lisa: chief intelligence correspondent catherine harrod has more. catherine, what do we need to know? lets start, lisa, with late yesterday. the chairman of the powerful senate judiciary committee that has direct oversight for the fbi and the justice department told fox news that he would not rule out compelling testimony from the deputy attorney general rod rosenstein as well as the fbi director andrew mccabe about two issues. any discussions regarding the president, and removing him from office under the 25th amendment. you re having a conversation about whether or not you can invoke the 25th amendment. i would imagine, if the shoe were on the other foot, my colleagues would want to know about that conversation. if it involved a democrat. a logical back to the steam it we just received from a spokesperson for the former fbi deputy director andrew mccabe. as i read it, i want you to listen and pay attention closely to the language. because it s very limiting, but acknowledges that there may have been some discussions of these issues. it states, certain statements by mr. mccabe s in interviews associated with the release of his book have been taken out of context and misrepresented. to clarify, add no time did mr. mckay participate in any extended discussions about the use of the 25th amendment, nor is he aware of any such discussions. he was present and participated in a discussion that included a comment by deputy attorney general rod rosenstein regarding the 25th amendment. this anecdote was not included in his book. if you ve been following a reporting here at fox news, this is really important. because the fbi s former general counsel that the fbi s top lawyer, james baker testified under oath last fall. that is a threat of perjury if he lied that he had heard directly from andrew mccabe and fbi lawyer lisa page about conversations they said they had with the deputy attorney general covering both of these issues. the 25th amendment, and recording or wearing a wire with the president. so we ve got these parsed statements from mccabe, and we also have this under oath testimony from the fbi s top lawyer that conflicts with what they have issued today, lisa. lisa: thank you, catherine. you re welcome. lisa: i will start with you. where are we know on this? where does this leave us? you have this article from the new york times. now we ve got the mccabe spokesperson kind of clarifying, but not. you ve also got james baker under oath. where does this leave us? brian: i haven t read the book. i will go by the coverage of seen in the new york times. i will say this it s easy to say donald trump says this in the fbi says that, or james coming. they have a problem with each other. rosenstein says one thing, comey says one thing, and mccabe s is another. they all can t be lying, and they all can be telling the truth. because they diverge. number two is, keep in mind this is a guy who came out and was told by the affair that he wasn t only truth, so therefore they would let them go. when the ig look at what mccabe did, they gave him a criminal referral. days before he was supposed to get his pension and retire, they fired him. that s the mind-set of somebody. you have to keep that in mind when he read his account of what happened. lisa: melissa, what should congress do next question at senator graham s that he might compel them to testify, both mccabe and rosenstein. doesn t he do happen, and what question should be asked? melissa: nothing that ever comes of that. i hate that route. i understand what they want to do it, but nothing ever comes of it. nobody gets punished. it was interesting me about this is you heard in the from the spokesperson, they said the anecdote wasn t in the book. this is something he s just saying it is going out and doing interviews about the book. this isn t the first time we ve heard this, and the u.s. times as corroborating as well saying he also said to us. he said it to cbs, they sat there and had the serious conversation about removing the president. he was wearing a wire, nobody was kidding. at cbs, and he said it to the new york times. the equivocation there, they said they didn t have an extended conversation. what does that mean? so we briefly talk about it? what is terrifying about this to the rest of america who is paying attention as you seem to have this ruling class in washington who has a grip on power. whether they are politicians, political figures in the top of these different departments, even in some cases journalists. people who are invested in the power that they have in washington. president trump has upended that power. the power they ve carved for themselves prayed he straightened it. i think that s driving a bunch of people to do crazy things, like potentially this. elizabeth: the fbi itself does not have a role in the 25th amendment. but it s clear that fbi officials apparently, reportedly, took it upon themselves. the new york times has access to a memo involving enter mccabe, saying, yes, we did discuss the president s capacity and his removal from office under the 25th amendment. i notice working i ve been a business journalist for 30 years. i have fbi sources. they tell me they don t like the power structure inside the fbi in washington, d.c. the field offices have a problem in rendering with they are supposed to be doing, dealing with a construct. lisa: jessica, i want to make sure you get in here, as well. you got james baker under oath, peter struck talking about insurance policies and text messages. vesely very clear bias for the president. the walls of the senate intel committee recently saying they don t see any evidence of collusion. our president trump s criticisms correct? is there any fairness to about considering the totality of all this information? jessica: i think we have to see consistent see. i told bob mueller publishes his report and we don t know what happened. melissa: let me be devil s advocate. what with the report have to say to justify them wanting to wear a wire and entrap them? that he himself colluded with putin and he s a puppet with putin? jessica: i heard that over the weekend after senator richard byrne native s comment. on the view, they said, do we need a quote from pruden? melissa: i don t watch the view. jessica: is widely disseminated. there different degrees of collusion that would satisfy people. that s why leave it up to bob mueller to tell us what it is. i want to make a general point, all this happens people are writing books and they shouldn t be writing books. [laughter] your just the head of the fbi, take a breather. if people were in your text messages because you are having an affair, don t write a book. just take a moment. [laughter] brian: except for omarosa, that was perfect. jessica: i didn t even like her book! lisa: for a lot of americans is very disturbing. there s news that joe biden is all but certain to begin 2020 run, joining a very crowded field. this is former massachusetts governor bill weld is announcing challenging and the 2020 primary. we will debate it, there s little rest for a single dad, and back pain made it hard to sleep and get up on time. then i found aleve pm. the only one to combine a safe sleep aid, plus the 12 hour pain relieving strength of aleve. i m back. aleve pm for a better am. your insurance rates skyrocket you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won t raise their rates because of their first accident. switch and you could save $782 on home and auto insurance. call for a free quote today. liberty mutual insurance. liberty. liberty. liberty. liberty. the company who invented car vending machines and buying a car 100% online. now we ve created a brand new way for you to sell your car. whether it s a few years old or dinosaur old, we want to buy your car. so go to carvana and enter your license plate, answer a few questions, and our techno-wizardry calculates your car s value and gives you a real offer in seconds. when you re ready, we ll come to you, pay you on the spot, and pick up your car. that s it. so ditch the old way of selling your car and say hello to the new way. at carvana. i dbecause i know there t to adare so many of youterans, who have served our country honorably. whether it s two years, four years or thirty-two years like myself. one of the benefits we as a country give our veterans is eligibility for a va loan for up to 100% of your home s value. so if you need money for your family, call newday usa. with automatic authority from the va, we can say yes when banks say no. go to newdayusa.com or call 1-855-newdayusa i have fantastic news for veteran homeowners who need cash. with home values rising all across the country, now s the time to use your valuable va home loan benefit. newday usa can help you refinance and get 54,000 dollars or more and lower your payments by 600 dollars a month. and since they ve been granted automatic authority by the va, newday can say yes when banks say no. so if you re a veteran homeowner who needs cash, now s the time to call newday usa. go to newdayusa.com or call 1-855-newdayusa jessica: former vp joe biden appears to be moving closer to a 2020 white house bid. a source telling fox news that biden is almost certain to run, and is reaching out to former colleagues on capitol hill along with activists and donors. all this, as a fox news poll finds 55% believe democrats chances of beating president trump in 2020 are either excellent or good. in the meantime, former massachusetts governor bill weld announcing today he is exploring a republican primary challenge to president trump in 2020. take a listen. our president is simply too unstable to carry out the duties of the highest executive office in the land. the lights are on in the white house, but nobody is at home. jessica: a fox news poll finds 50% of trump voters would rather see someone else s the nominee. okay. so we ve been talking for a while about who is the republican that s going to get in here for the challenge. did you expect it to be weld, or did you think john kasich? brian: well has got a lot of momentum, especially as a running mate for johnson last time. i m being sarcastic. [laughter] there s nothing that would make less noise than bill weld decided to run against president of the united states. i don t know if it means a president has to show up anywhere, we don t even have to cover the results. for a president that is so and orthodox as its president, knowing that george h.w. bush had a challenge remember, jimmy carter had a big challenge. i thought for sure there would be high-profile people going after him. i m not sure he s worried about bill weld. jessica: melissa, do you think he s worried about anyone? oh my that anyone be? melissa: on the republican side? no. jessica: do you think he s worried about biden or kamala harris? melissa: are not inside his head so i ve no idea. i m sure he s not actually worried about anyone, but in my mind i would say that joe biden is the biggest threat. because they kind of appeal to some of the same crowd. so they would end up fighting a bit over those people. i think he is the biggest threat that is out there. it s hard for me to imagine anyone is going to give him a huge run for his money. you know? he just has the bully pulpit. jessica: so much of the polling is based on name idea. joe biden would be lapping everyone here. is there anyone on the democrat side would be a good elizabeth: you wonder how the democratic donors are thinking. now there are some new more names. do you give the money to? there are so many more names, it s trying to pick the winning race at the aqueduct. there are seven names right now. as the clintons stepped back, the democrats got uncorked. and i have so many names in there. do you want to see your biden debating trump debates? who would win? that really sets the stage. right now it s all about the primaries, playing to the primaries. jessica: your point about the clinton worlds important. because one of the hillary clinton s best friends in san francisco but her backing behind kamala harris. they are starting to line up, which also means hillary is not running. for those of you about to tell me that she is. lisa: in order for joe biden to be on stage of president trump, he has to get three crowded primary field. from what we know by observing and working in politics, crowded primary fields create interesting outcomes. we don t know how he will appeal to a an increasing liberal and progressive bays as well pray that a challenge for him. you have to remember, he has tried this twice to get the democratic nomination. he s been on the ticket himself alone. brian: is never gone well. melissa: the world has changed dramatically since last time around for him. that s all he would say. jessica: and he has obama s legacy to carry on, too. the new green deal, medicare for all, a massive tax hike on the rich. these proposals getting the left all jazzed up. but new fox news polls show voters think capitalism has changed. with a few nuances. we will hash it out, coming up next. when cravings hit, hit back. choose glucerna, with slow release carbs to help manage blood sugar, and start making everyday progress. glucerna. (kickstart my heart by motley crue)) (truck honks) (wheels screeching) (clapping) (sound of can hitting bag and bowl) (clapping) always there in crunch time. melissa: despite a flurry of far left proposals from some democrats, new fox polling shows prefer capitalism over socialism. go figure! 57% of registered voters say they have a favorable opinion of capitalism. that is more than twice the number who feel the same about socialism, but the polling tells a different story on health care as some democrats are pushing a medicare for all plan. the prospect of government-run insurance paid for by tax dollars going and even split of 47%. lisa, i will go to you first. lisa: i would say we have seen polling with kaiser, where you breakdown the implications of single payer, that opinion straight on that. once americans become educated about what it means. opinions change. what makes a ton of sense as you get the correlation of democrats who support socialism versus republicans who support capitalism, and the new look at the other question of once the government has altered your life or not, and those correlate to that where republicans and dip down like democrats on that. on the percentage that says, get off my lawn, i don t want them involved in my life, particularly taking my hard-earned money. stay away. [laughter] melissa: medicare for all is really such a fallacy. it s really medicaid for all. the reason why people love medicare is because you get benefits of that are roughly four times the financial value of what you pay in. so about subsidizing old people, which is fine. it works great, whatever. but it doesn t work if you have everyone on it, it obvious they wouldn t work. the math doesn t work. jessica: i should say, my parents are two very happy medicare recipients. they kept other doctors and they are enjoying it. they also paid a lot of taxes their whole life and all that jazz. the kaiser poll had another interesting finding, which is the 54 to 4040% want to keep private entrance and option. contenders going down the path of apologizing apologizing prie are in shaky territory. the most adult conversations are going to be about lowering the age or you can get for medicare. there are conversations around 50, 55, 60. taking it down from 65. i think that is a way to satisfy a progressive base that is hankering for this, and a more moderate base saying, we can t necessarily pay for the sinful but we want to make sure american citizens are getting quality affordable health care. and the government does play some in that. [laughter] brian: utah, i will take the look! if president obama or any candidate claims to be successful in the to address health care, they are foolish. melissa: president trump, you mean? brian: yet. the president. they have to get it directly, but overall a medicare for all is unaffordable. it s not possible. to be i you agree. more to be 25 in just a moment. 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(music blaring) and our shirts from custom ink help bring us together. we order custom ink to welcome new employees, personalize team shirts, and even for company events. the design lab is so easy to use. we just upload out logo and if we have any questions, customer service is there to help. seeing our team together in custom ink gear is an amazing reminder of how far we ve come as a business. - [narrator] custom ink has hundreds of products to help you look and feel like a team. upload your logo or start your design today at customink.com upload your logo or start your design today when i went on to ancestry, i just put in the name yes, we are twins. of my parents and my grandparents. i was getting all these leaves and i was going back generation after generation. you start to see documents and you see signatures of people that you ve never met. i mean, you don t know these people, but you feel like you do. you get connected to them. i wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. being on ancestry just made me feel like i belonged somewhere. discover your story. start searching for free now at ancestry.com. lisa: brain kill me it is all over fox nation, our streaming service. you can log on that start watching for free right now on your computer, your phone, the app, smart tv. his radio show was there every day, plus his fox & friends after the show show. and he has a new special called what makes america great. tell us about it. brian: for five more came out last night. we go to places in america they ve got to see. it s part of our foundation, what has made us great previews and that word again. we try to give you a new twist. whether it s going underneath the lincoln memorial, bring you to the first settlement of her, st. augustine, a place you ve never been before. we also went to monticello. we didn t go to the heart of the house, with jefferson. we also went to the slave path. how they lived, what they found, and they still have working at monticello today. that s how much jefferson is undiscovered. you will have 545-minute pieces. lisa: b will be watching. can graduations of that. thank you to brain kill need for being here. we will back on monday for outnumbered. melissa francis is in for harri harris. melissa: fox news alert for you now, president trump declaring a national emergency at our southern democrats this is outnumbered overtime, i m melissa francis in today for harris wagner. the president says he will sign the bipartisan security deal, averting another partial government shutdown at midnight. he says he will be taking an additional step, tapping his executive powers to unblock billions in funding for order wall construction saying that action is needed to stop a national security in a mentoring crisis. watch that. we are going to be signing today
a subpoena to see the whole thing. saying that barr spun or mischaracterized. he lied. and new details of the backlash within the west wing following the mueller report. who is the president blaming and who stood by their man? don mcgahn s recollection is wrong? i m not saying that something didn t happen. i m saying it s far different than it s been described. some are questioning whether president trump really we wro his own answers for the mueller report. i have reason to believe that these responses were not actually written by donald trump, because, um, they re written. that s it. now up with me this morning national security car correspondent for politico natasha berstrand. and assistant u.s. attorney, barrett berger. and glen kershner. for two years americans have waited for the conclusion of robert mueller s russia investigation. for nearly a for attorney gener william barr to complete his review and release his redacted report. this morning the mueller report is tewest best-seller about the interworkings of the trump administration. as americans digest the findings, the focus now shifts to congressional democrats to decide what comes next. robert mueller was not able to establish a conspiracy between the trump campaign and russia to interfere in the election. but he did lay out a road map outlining ten instances of possible obstruction of justice by the president. the question for democrats is will that road lead to more congressional hearings and investigations, or will it lead to the i-word, impeachment. so far democratic responses on how they plan to hold trump is accountable have been all over the map. jerry taking a wait and see approach. reporter: when you see this congress is responsible to hold the president accountable, does that mean impeachment? that s one possibility. there are others. we obviously have to get to the bottom of what happened, and take whatever action that seems necessary at that time. it s too early to reach those conclusions. it s one reason we wanted the mueller report. we still want the mueller report and we ll want other evidence too. house intelligence commi he path to impeachment is a nonstarter with the republican-held senate and is riddled with political land mines that could have fallout for the 2020 election. an impeachment proceeding cannot be successful if one party decides they re more loyal to the president and the constitution or the party. that s a problem. while warre leading it as a point of principle. there are times when it s beyond politics, a point of principle to stand up and say no president can do this, because it matters not just for this president. it matters for the next president and the president after that and the president after that. in a letter to house democrats, nancy pelosi writes the caucus is scheduling a conference call for monday to discuss this drive matter. you can expect a spirited debate she concludes with congressl not be silent. the question, of course, is what congress will all right. let s talk to my panel now about this. let me start with natasha. the lack of clarity of what was in that report has now created an issue. because the road map is not entirely clear. 14 legal rrchss of cases that could continue. we have democrats in different places about what to do next. that s right. i think they want to see the full unredacted thing before they take any steps forward. that s the position of many of the me mainstream democrats, especially in leadership. wr whereas others are saying regardless of what the redacted material says, there s enough in the report to show the president tried to obstruct justice, aided and abetted russia s attack on the election by not going to the fbi and telling them about the russia-related contacts the campaign was having, by not acknowledging the fact that russia was attacking the election and by praising vladimir putin when he was pursuing the multiple dollar deal in russia. he was acting in his own best interest. there s a lot we already know. that s the argument that the democrats on the other side are making, that if we don t hold the president accountable for this, then what is the press don t going to be that we re setting here. the question is also you know, the conviction, i think, is on the republican side right now, the conviction is not there with the democrats. the conviction with the republicans is this was spy gate. we need to launch investigations into whether the fbi acted properly. the conviction is not unified with regard to impeachment. i think they need to come up with a strategy here otherwise it s going to be a divisive moment. i m looking at a response from mitt romney, for instance. he s one who has sort of said he s very troubled by the degree of lawlessness and things that came from levels as high as the president. an indication. he didn t say what anybody should do about it, but there was an indication of frustration of the sort that is leading some people to talk about impeachment. mitt romney is not doing that, but others are saying there was a lot of wrong doing. there s no way to read that report and not find lots of wrong doing. including the mitigating events where people stop the president do. the argument here is it legal or is it solely political? so i think the difference that we have to keep in mind is the standards for what is legally required to actually charge somebody with the crime of obstruction of justice. you have to prove this beyond a reasonable doubt. that s the highest threshold there is in the criminal justice system has it should be. on the political side, it s a different standard. and it s a little bit more emorphous. we re talking about different standards. as prosecutors and glen could probably attest to this too, we re somewhat used to this consent of there are things that are bad. there are things that are moral. there are things that are unethical that are never able to be turned into crimes. that just have to be left out there as something that s bad, something that happened, something that maybe you have evidence of but you can t charge it as a crime. whether it reaches the threshold of something that s impeachable, i m not sure. that s up to congress. we know mueller at least did not think that it rose to the level of a criminal case that he could bring. don, even if it could rise to the level of impeachable, it s a political outcome. if republicans don t support it and there s zero indication that. s will support an impeachment effort, what s the cost to republicans of pursuing it versus the cost to democrats? to democrats, thank you. versus the cost to democrats of not pursuing something that feels so unjust? ultimately robert mueller laid out evidence of a crime. it s a crime that wasn t carried out to completion, but attempted obstruction is certainly a crime. so the cost to democrats of pursuing it is certainly the 23 to 25 seats in the margin that are somewhat attainable by republicans. but it s also the more progressive wing if you don t pursue it. the conversation has shifted and will shift over the next week squarely from legal to squarely in the political realm. there s a severe cost to democrats. but i think that and i m pretty much a moderate on impeach or not. i think at this point you have to impeach. you have evidence of a crime. ten instances or so of attempt laid out. if you don t impeach, then you re looking at a situation where unprecedented conduct by a president will go unchecked. that s the argument that the tom steyers and elizabeth warrens are making. it doesn t matter if the senate convicts or it doesn t matter about elections in 2020 for the presidency or the sake of the house. because we don t as voting base, we don t send them up there to protect their own seats. we send them up there to protect the country. i think you have to impeach. when don says it moves squarely from the legal to the political, what s left on the legal side? there are these 14 charges that have been referred. if it goes to a district, they can pursue things without the same limitations that the mueller report had? a lot is left. we learned from appendix d to the report a lot is left on the. there are 14 cays and investigations that have been referred out as a career prosecutor, how do i see that? 14 potential corporating witnesses who can perhaps provide additional information about the wrong doing of others. but i agree with don. i mean, i don t think i think impeachment is reallynow. it s a moral imperative. and here s why, ali. because when you think about what donald trump did, first of all, we know courtesy of michael cohen s plea that he paid off porn stars and play mates in order to try to rob the people of the full value of their vote. he committed crimes to acquire power. we know from the report that he committed probably 6 to 10 obstruction of justice offenses to obtain power. now if the congress declines to act, if they decline to open impeachment hearings, it will be to acquire power and ultimately retain power. and i think if they do that, we as a country are lost. you know, my favorit junior s, e arc of the moral universe is long but it bends toward justice. i think if the democrats and congress generally declines toe will be perverting that to the arc of the moral universe is long but it bends toward political expediency. we can t let that happen. is there an argument it s getting election? i think that s the argument the people like adam schiff and pelosi make which is that the democrats will get too far ahead over their skis and the appetite among the democratic bas is not there for this. they ll lose support among perhaps independents who don t want to see these kind of impeachment proceedings overtake everything in the next year and a half. but so the ultimate argument there would be we need to do everything in favor of beating donald trump in 2020. this is not going to help us. but yet again, i mean, impeachment proceedings not just something that would be designed to remove the president. they re also its own investigation with resources and dedicated staff that could hold the president accountable perhaps in a way that regular oversight hearings could not. that s another argument. thank you to all of you. coming up, they protested in front of the white house and in the streets demanding action. what are congressional democrats prepared to do to get the full unredacted mueller report? congresswoman madeline dean joins me later in the hour. first the mysteries in the mueller report. we ll take a crack at the other investigations that remain a secret. t remain a secret i can t tell you who i am or what i witnessed, but i can tell you liberty mutual customized my car insurance so i only pay for what i need. oh no, no, no, no, no, no, no. only pay for what you need. liberty. liberty. liberty. liberty. thanks to priceline working with top airlines to turn their unsold seats into amazing deals, sports fans are seeing more away games. various: yeah-h-h! isn t that a fire hazard? uh, it s actually just a fire. priceline. every trip is a big deal. with venus, you re in charge of your skin. so, write your own rules. because no one gets an opinion on why you shave - or how you show your skin. you wouldn t accept from any one else. so why accept it from your allergy pills? most pills don t finish the job because they don t relieve nasal congestion. flonase allergy relief is different. flonase relieves sneezing, itchy, watery eyes and a runny nose, plus nasal congestion, which pills don t. flonase helps block 6 key inflammatory substances. most pills only block one. and 6 is greater than 1. start your day with flonase for more complete allergy relief. flonase. this changes everything. welcome back to up . while the president celebrates his trump has been vindicated tour tweet tour in mar-a-lago this weekend, we wanted to break down some of the inner findings of the mueller report. of particular interest glen mentioned this a while ago, section d-4 year the end of the document, the special counsel pointing to 14 instances of, quote, potential criminal activity, end quote that were uncovered over the 22-month investigation and handed over to other offices within the justice department. only two of those are known to the public. michael cohen, the former trump fixer and lawyer expected to begin his prison sentence in may and gregg craig, the former obama white house counsel who had overnight had an august trial date set after being indicted for lying. the rest, the other 12 were redacted on the grounds that releasing the details would cause harm to an ongoing matter. let s register this. 12 other people may have charges brought against them for things having to do with what mueller was investigating. my panel is back. we re joined by melissa murray, professor of law at nyu and former law clerk to justice sonya sotomayor. i want to bring up a tweet that we ve just seen from the president which he says the fake news media is doing everything possible to stir up and anger the polls and as many people as possible. seldom mentioning the fact that the mueller report had as its fact that there was all capitals here, no collusion with russia. the russia hoax is dead. appreciate it, mr. president, that you re watching the show this morning so we want to take this up for you. melissa. if there were an answer on my exam, it would get an f. that s not what the mueller report established. it said there was actually lots of evidence of the russians being involved in the election, sweeping infiltration to the election. it said there was insufficient evidence to establish there was coordination with the trump organization. as the guest said before, that s a high bar for a criminal activity. you have to prove this beyond a reasonable doubt. there wasn t enough evidence to establish it beyond a reasonable doubt. not that it happen. how common is this when a prosecutor decides not to move against somebody in pursuing charges that that person then claims they re exonerated? i mean, it does happen. you would hope that in that situation they would go quietly into the night because the last thing you want to do is poke the beast, but it does happen. i think anyone who has been through the rigor of a criminal investigation and there are no charges brought against them probably has the desire to stand on the courthouse steps and yell it to the public saying i m cleared, but as we all know and said just because you re cleared from criminal charges doesn t necessarily make you innocent, and it doesn t necessarily make you immune from future political accountability from congress. but glen, donald trump doesn t seem to care. this is actually one of the milder things wooes tweeted over the last few days. he tweeted there was no collusion, no obstruction, because there was no underlying crime, something bill barr continues to put out there. most lawyers tell me it s just a poor conclusion to draw. nobody can accuse the president of tweeting accurately or truthfully. everything he does is nonsense, quite frankly. but to your point, ali, you re right. you can obstruct justice even if there is no underlying crime. let s assume we re owl on a board of directors together and the fbi is iting wdirectors. let s assume that i then, i ll be the fall guy. i start paying people off to lie to the fbi because i don t want the fbi to look into and expose what we ve been doing as the board of directors. and then the fbi concludes you know what? there s not enough evidence to charge any of the board members with crimes. guess what. i ve still committed the offense of obstructing justice because i paid off witness to lie to the fbi during an official investigation. that s sod and what has now bee exposed is he obstructed justice. and there s no such thing as attempt to obstruct justice. because obstruction of justice is defined as actually impeding an investigation, or attempting to impede an investigation. so there s no he obstructed justice. plain and simple. the fact that others stopped him from doing it is not a legal defense. and that s why when the olc memo says you can t indict a sitting president because you can impeach him, now that s where we are. you can t say we ve found ten crimes but we re not going to bother impeaching him. and going back to the collusion aspect of this, we may not expect the president to tweet things that are factual and accurate, but we should expect more from the attorney general of the united states, and during his press conference that he held two hours before the mueller report was released, he echoed the president s climbs here pretty much verbatim. after two years the president was right, there was no collusion. but when we look at the report which we didn t get to see and mueller says he did not consider the question of collusion because that is not a legal term. he looked at this through the frame of a conspiracy. maybe the president is not a great legal mind, but bill barr has been in the department of justice and has been a lawyer for his entire adult life. his family works in doj. his son-in-law now works for the white house legal better. i think that was a political moment. it was clear, and for him to say that there was no collusion was extremely misleading. bill barr didn t come out of nowhere. this guy has done republican, he s carried republican water for a long time. it s a little puzzling that he wrote this long memo unsolicited from the mueller report and then he becomes attorney general and then he does something that seems to have mischaracterized the mueller report. it s a great question. i think we re trying to figure it out. i think it became clear that when he his writing the 19-page memo about the idea the president can t obstruction justice and the inquiry was misguided and his behavior in the press conference were not divorced, he also interviewed to be the president s defense lawyer. this is someone who is deeply conflicted. and rod rosenstein is conflicted as well. the democrats have considered whether or not to impeach bill barr. the republicans last year tried to impeach rod rosenstein. there is a precedent there and whether or not they do that and whether or not that can help them get the grand jury material as well is up in the air. all right. natasha, hang around. barrett, thank you for joining us. glen and melissa hang around as well, please. coming up reports that there are talks with the doj to get robert mueller to testify. what steps democrats are taking to make it happen. we ll ask a member of that committee next when madeleine dean joins us. i was tired of having my calls dropped. it s very frustrating. and i was having these issues, and my friends said, well, maybe you should switch over to verizon. and then i d heard that i could get apple music if i switched over and i said, boom! music is very important to me. i come from the techno era, but i m hip-hop at heart. (vo) the best network ien better now that apple music is included with unlimited. plus get a free galaxy s10e when you buy one, and $400 when you switch. only on verizon. since my dvt blood clot i was thinking. could there be another around the corner? or could it turn out differently? i wanted to help protect myself. my doctor recommended eliquis. eliquis is proven to treat and help prevent another dvt or pe blood clot. almost 98 percent of patients on eliquis didn t experience another. .and eliquis has significantly less major bleeding than the standard treatment. eliquis is fda approved and has both. don t stop eliquis unless your doctor tells you to. eliquis can cause serious and in rare cases fatal bleeding. don t take eliquis if you have an artificial heart valve or abnormal bleeding. if you had a spinal injection while on eliquis call your doctor right away if you have tingling, numbness, or muscle weakness. while taking eliquis, you may bruise more easily. and it may take longer than usual for bleeding to stop. seek immediate medical care for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. what s around the corner could be surprising. ask your doctor about eliquis. i think it would be perfectly reasonable for congress to open up impeachment proceedings. it certainly is the case that you can see lots of evidence that this president deserves to be impeached. no one is above the law and that includes the president of the united states. it is the constitutional responsibility of congress to follow through on that. welcome back to up . it s the first time i ve done this show. i don t often watch it because if i m not on tv, i like to be sleeping. they really have food on this show. i ve been eating a little there s a table of donuts here. fascinating to me. welcome back to up . i m ali velshi. as democrats mull over what to do next, one thing is certain. the chorus calling for impeachment is growing louder. joining me now is representative congresswoman madeleine dean. congresswoman, good to see you. thank you for being with us early on a saturday morning. thank you for having me. you re in pennsylvania. this is interesting because donald trump won your state. that was a surprise to some people but not to others. what are people in your district telling you about impeachment? well, i have to tell you that as a result of the mueller report, in its redacted form, i was talking with constituents yesterday in our local barbershop. they re deeply troubled by the accusations in there by the inn of justice to the president. they said please get at the truth. the american people have a right to know what happened. this was an important set of lies and deceptions. and many attempts by the president to get others to do things that were not legal, were not moral or ethical. so lie for him, to fire special counsel mueller. people talking to me say this is an incredibly grave moment in our democratic history. and we need to preserve our democracy and the integrity of our criminal justice system. so they say to me on judiciary, do your job. complete the investigation. and does that mean that in your opinion that somebody on judiciary you may come to conclusions or you may learn things you haven t learned through the mueller report yet or through the other 14 investigations that continue to go on that could lead you to say pursuing impeachment is the right thing or do you say it s hard to get the senate to vote to impeach? is it a waste of time and should you pursue other matters to guarantee your electioand the defeat of donald trump in the next general election? i ll leave the second calculation to people more politically savvy than i. i believe the first calculation is what is necessary. what else will we learn as a result of our investigation and getting the entire report and the entunds underlying documents that present a clear case to the american public about possible obstruction of justice by this president. the political calculation is not on my table. i want a clear, complete evidence. what do you make of the presidential candidates who are talking about impeachment? is that something you can do because you re a presidential candidate versus something you in particular have to be more cautious of because you re a member of congress representing a state that is a swing district, a swing state? well, i think it is appropriate for presidential candidates to talk about where they think this should go. i see my role differently. i am a sitting member of congress, and i m on the judiciary committee. so i think it would be irresponsible of me to say yes, let s roll with impeachment. what i think i have to do is job. and follow chairman nadler and the subpoenas and get all the information. have br before us. he s lost all credibility of independence and also have mr. mueller before us which we ll have very soon. congresswoman dean, always good to see you. coming from pennsylvania. i will be in montgomery county in about three hours. we ll see if we can clear the weather up a little bit. i ll work on it. have a good afternoon. good rest of your morning. all right. coming up the one senior white house official who may have single handedly saved donald trump s presidency breaks his post mueller report silence as we learn of the men and women who disobeyed donald trump and those who went above and beyond to cater to his every whim. you re watching msnbc. you re watching msnbc. cooper! did you eat all of your treats? 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you want to take your boss s or client s words literally. the president seems to have flounders on the difference between the types of l prefers, roy cohen, michael cohen. roy cohen disbarred michael cohen. a disgraced former mob lawyer. neither of them apparently fond of note taking and their purpose was being a fixer for the president. that s not a class they teach in law school. contrast that with someone like don mcgahn who decided it s appropriate for me to tell the truth. he was freed of privilege constraints when he went to speak to the special counsel. he gave over 30 hours of testimony and did so under oath. that s what normal lawyers do. they take the truth seriously. they take notes, like on this legal pad of what s going on. and they mean to uphold their own oath as licensed counselors to care about the law and uphold the law. it s interesting the president seems to have trouble understanding that that s what actual lawyers do. what is this stuff about note taking? the president seems to have a big issue with this. we first learned about this from jim comey who takes notes after he had meetings with donald trump. yesterday the president tweeting about all the note taking people around him. donald trump doesn t want his wrong doing do you wanted. that s why he doesn t send e-mails. we know and we all heard with our own ears the undercover recording that michael cohen made of donald trump talking about paying off play mates and porn stars. he wants all of his wrong doing kept in the dark. and it was interesting. i think it was corey lewandowski who was the one person he said hey, i want you to take this down, and then he gave him crazy instructions. i want you to tell jeff sessions to unrecuse himself, and then i want you to tell him don t look at path possible collusion or conspiracy. only look at future crimes which doesn t make any sense as prosecutors i can say rarely do we sit down and try to investigate crimes that haven t been committed yet. minority report. the minority report, exactly. the whole notion that trump is afraid to have what he says and does documented, i think it tells us everything about his intent and what s going on. you know,ifou look at don mce leader of this group of the 12 or 13 who refuse to conduct the execute the president s criminal orders. don mcgahn is a d.c. institutionalist. he is, his wife is. the defining aspect of the presidency is it s been staffed by people who are not really of this world. this d.c. beltway universe. therefore, they owe their existence to donald tr don mcgahn is not that guy. he s part of the group donald woulde swamp. absolutely, and you know who is not? steve miller an island of misfit individual who is are inhabiting the white house. they do what the president says. they execute his nefarious missions. don mcgahn says i was here before you. i m going to be here after you and i have to protect my interests in this town and eco system i inhabit. i find that to be a defining characteristic of why he s the guy who can say everything that happened. he has to protect himself in this world long after donald trump. relatedly, we saw a lot of leaks about don mcgahn earlier this year and throughout the last year. and those leaks made him look good. i think that was kind of that attested to the idea that either he or people around him were trying to protect his reputation as someone with integrity, as someone who was trying to stop the president s worst impulses but we know a lot of what was said about don mcgahn before it came out. we knew mcgahn was talking to inve investigato investigators. the white house didn t anticipate that. and kt mcfarland. the president apparently asked her to write an internal memo saying that the president had not directed michael flynn to discuss sanctions with kislyaki. she didn t do that because she didn t know if it was true. aides don t know what s true or false and they don t want their names attached to this. similarly, people in the white house spokes people, communications people, they won t attach their names to statements. because they don t know whether what the president has asked them to do is true or b, if he s going to undermine it in a tweet five minutes later. i think this is a pattern and place don mcgahn did not want to be associated with forever. interesting point. some of these people who didn t do things because they didn t know them to be true, that s different than not lying for the president because you re trying to protect yourself. that s i don t know this to be true. there was a piece in the report about sara sanders who was found to have said something to reporters that wasn t true. mcfarland as well said things she knew not to be true. to the extent that it s not clear where these lines are. some people drew certain lines to say i m not lying for the president. some drew lines and said i m not committing crimes for the president, and others absolutely did get involved in the mix. you know, for those who said this is a lot like fire and fury but more footnotes and better documented. people spoke to the counsel s office under oath. these are like as best we can get irrefutable evidence of wrongful behavior of not telling the truth. so the pushback now about the veracity of these things i find amusing given people like mcgahn spoke freely because they were given permission to speak freely. right. it kind remember the anonymous letter out of the white house that said don t worry america, there are adults in charge? i find that one of the themes. it says that person was telling the truth. there were some adults in the room, people not engaging in the misdeeds. natasha, thank you for joining us. don, lisa and glen, please stick around. up next, revelations within the mueller report that have at least one white house reporter calling for sarah huckabee sanders now. she should be let go. she should be fired. end of story. when there is a lack of credibility there, you have to start and start lopping the heads off. it s fire me thursday or fire me good friday. she needs to go. considering? the 2019 subaru outback is an iihs top safety pick plus. the honda cr-v is not. sorry, honda. which suv would make the best investment? the subaru outback has the best resale value in its class for 2019, according to kelley blue book. even better than the toyota rav4. sorry, toyota. it s easy to love a subaru. i have heart disease, watch what i eat, take statins, but still struggle to lower my ldl bad cholesterol. which means a heart attack or stroke. could strike without warning, pulling me away from everything that matters most. (siren) because with high bad cholesterol, my risk of a heart attack or stroke is real. repatha® plus a statin seriously lowers bad cholesterol by 63%. and significantly drops my risk of having a heart attack or stroke. do not take repatha® if you are allergic to it. or swelling of the face. most common side effects include runny nose, sore throat, common cold symptoms, flu or flu-like symptoms back pain, high blood sugar, and redness, pain, or bruising at the injection site. i won t let a heart attack or stroke come between me and everything i love. neither should you. tell your doctor to lower your ldl and reduce your risk with repatha®. pay no more than $5 per month with the repatha® copay card. welcome back to up . i m ali velshi. apparently i ve become a pastriat. sarah huckabee sanders is on the offensive following revelations in misled the american people to defend president trump. in may of 2017, sanders insisted that, quote, countless fbi agents personally told her they lost confidence in former director james comey leading up to his dismissal. here is that moment. i can speak to my own personal experience, i ve heard from countless members of the fbi that are grateful and thankful for the president s decision and i think that we may have to agree to disagree. i certainly heard from a large number of individuals and that is just myself. and i don t even know that many people in the fbi. 60, 70? look, we won t get into a numbers game. i ve heard from a large number of individuals that work at the fbi that said that they are very happy with the president s decision. countless, large number. i m not getting into a numbers game. when sanders was asked about it by the special counsel s office, she said it was a, quote, slip of the tongue that was not founded on anything. might be my next book about covering the trump administration, not founded on anything. yesterday sanders tried to defend her credibility. you repeated the claim slip of the tongue several times. what exactly did you mean to say? because you appeared to be reading you appeared to be reading those comments on several occasions. what did you mean to say? look, i ve acknowledged that the word countless was a slip of a tongue. why can t you acknowledge that what you said then was not true? i said that the word i used, countless, and i also said if you look at what is in quotations from me, it is that and it is that it was in the heat of the moment meaning that it wasn t a scripted talking point. i m sorry that i wasn t a robot like the democrat party. all right. melissa donnelly and glenn back with me. so what is that all about? we are a long way away from, you know, the west wing and the idea that press secretary really serves two functions, advocating for the presidency, but also advocating for all of us through the intermediary, the media. and look, it has been a while since press secretaries were fully open to the public, weren tly advocating. but now it seems as if she behave shaved in a cavalier fashion with regard to the truth. and the specificity of the false statement, right, countless, doubling down on it, in my personal experience, although i don t know many fbi agents. kind of hard to listen to that and then the zeigleresque denies of it, and i m referring to ron zeigler, president nixon s press secretary who had a way of obfuscating his defense of his own lies. what do you make of what you just heard? in some perverse way she is a very admirable human being. i think we all need a sarah huckabee sanders in our lives because she will have the president s back no matter what. he lies. she stands up with him. he says things that are objectively false and he can count on her to be there and spin it. she is the survivor in this administration. she is the survivor and she is going down with the ship. i just find it fascinating. if you walk around congress, you see people with big guns. countless fbi agents have come up to her and told her this. just in the same way as countless normal federal government workers came up to the president and said keep the shutdown going, we believe you. this administration has no relationship with facts whatsoever. and it flows from the top, the president has set the tone, and sarah huckabee sanders is his most loyal soldier. this is an instance where she s been caught red handed, but by no means should any of us be surprised. and in a weird way, i kind of give her props because she is a loyal soldier. i had one of those countless moments in 2016 in houston during the campaign when donald trump told me that count muslims had told him that they were really happy about the muslim ban that he was proposing. i m so back on sarah huckabee sanders driving the white bronco. this is too much. this is a woman who has constantly berated the immediate use for what she calls spreading of fake news and here she is caught in a bald faced lie and she doesn t just admit it, she continues to double down on it. this is outrageous. and we expect of a press secretary some defense of the white house and its policies, but generally transparency about what is going on in the white i making up facts. so it would be funny if it wasn t so terrifying that the press secretary not only is willing to lie for the president, we ve all seen that on a daily basis, but she s also lying about what the fbi is saying and thinking and how it is behaving. and that is the real tragedy because people will hear that and they will form impressions about the fbi. now and it is always 1984 when she steps to the podium. it is george orwell s 1984 and i expect her to say chocolate rations are up. but maybe now we can use the name huckabee in a more useful way. we have sarah huckabee sanders. we have bill huckabee barr and rudy huckabee giuliani and that explains what their mission really is. let s play a little more of what she said this morning in defending the president. the president isn t asking people to break the law, he isn t asking them to do anything that is dishonest. so you re saying the president has never asked you to say anything you knew not to be true? correct. and he s also never asked me to break the law. in 1991, i broke a window in my parent s house. my mom is watching now i m sure. when they came home, they looked at me and that was the face. what sarah huckabee sanders just did, that was my face. the bigger picture here is that she is the voice of this administration, not only to the american people, but to the world. there is no reason to believe anything that this president or this administration has to say and that is a sad place. it used to be we would be very sad about the limited number of availabilities for sarah huckabee sanders. that s been sharply reduced. maybe it is a blessing in disguise. we ll leave it there. still ahead in our next hour, a literal wall of redactions as we attempt to go beyond the mueller report s black bars. ro khanna will join us when up continues. s. 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worsening heart failure. tell your doctor if you ve been to areas where certain fungal infections are common and if you ve had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don t start humira if you have an infection. man 3: ask your rheumatologist about humira. woman 4: go to mypsaproof.com to see proof in action. welcome back to up. i m ali velshi. this week william barr s releas robert mueller had the country seeing less red white and blue and more black white and redacted. while we don t know what is underneath all those black boxes scattered through the reports, 448 pages, we can see where those redactions occur. on the left side of the wall, o redactions occur in volume one of the report, which focused on the russian election interference, versus volume two. the right side of the wall, it focused on obstruction of justice. and barr is also telling us why he is concealing the information contained with the roughly 951 redactions. here is how they stack up. 426 portions could compromise ongoing investigations. 358 reference prohibited grand jury material. 93 would reveal sources and methods. and 74 infringe on personal privacy or damage the reputations of third parties. the report includes seven pages that are completely redacted. but house democrats want the attorney general to scrub the report of all the black ink sending the justice department a subpoena yesterday for the full unredacted version of the mueller report. jerry nadler writing, quote, i m open to working with the department to reach a reasonable accommodation for access to these materials, however i cannot accept any proposal which leaves most of congress in the dark as they grapple with their duties of legislation, oversight and constitutional accountability, end quote. joining me now, former fbi special agent, senior fellow and msnbc national security analyst, clint watts. former assistant watergate special prosecutor and msnbc contributor jill winebanks. senior vice president and legal analyst myaya wiley and company host of the podcast unredacteun felipe rynas. maybe we should start with you. i m more than happy to have bill barr on as our first guest. you see those numbers and i m not going to light my hair on fire and say every single one should be seen by every american. obviously anything that is legitimately going to compromise national security or sources are on methods shouldn t be seen. the grand jury stuff it seems like we should see, personal information, i don t want to know someone s cell known. the reputation, if they are in that report, probably pretty bad to begin with. but thereknown. the reputation, if they are in that report, probably pretty bad to begin with. but there is a difference betweenis s between us seeing every word and congress. the game that barr is playing, there are people in congress who are trusted with our nation s most sensitive secrets. they knew when we would get bin laden, they know what we know about north korean missile testing. you don t say to them you can t see this. and barr is continuing a stonewall that has been incredibly effective. he is part of the stonewall team led by president trump and rudy giuliani and it works. wise not to light your hair on fire. i tried it once and look what happened. jill, i have you and i have been talking for a few years and i have not talked to you since the mueller report since the new mueller the actual report. what is your sense of it? because you were involved we have closely with watergate and the idea was that and it seems to have been robert mueller s idea that he will prepare this report and hand to congress to do something with. does congress have enough information to do something with it? congress does. i agree with felipe that we should have 100% of that report go to congress. they absolutely have the clearances they need for the classified part. they absolutely have a right under the exceptions to the federal rules of evidence, they can have it. there are two exceptions to the rules that allow congress, not all of america, but congress certainly has a right to it. we proved that in watergate. and i love i don t use of the wro word stonewall. in watergate the president stone walled until america rose against them and then he agreed to give the tapes and then fought it again. we went to the supreme court. and i want to point out that we were subpoenaing the tapes in march and in july, it was argued in the supreme court and we got the tapes. it went very fast. so this idea that mueller couldn t have for example subpoenaed the president because it would have taken too long or that this would take too long, it won t take too long. these things can be expedited and now there is precedent. congress has a right to it. they need it. i m all for fact finding hearings. then we can decide whether there is enough for impeachment. and i m sort of on that side of we have to make sure that the american people are ready for that and that republicans are supporting. peter did a wril yant jbrilliane impeachment of watergate and brought the republicans along. there are lots of reasons to not have believed william barr based on his highly partisan background, based on the fact that he sent an unsolicited memo about the mueller investigation way before he was attorney general which seemed to be an audition to be attorney general. but now his letter, his four page memo about the mueller report turns out to have contained things that just weren t that true or were very loose interpretations of the law and the findings of the report. clearly not true. say it a little bit more strongly. look, when we first saw that four page letter, many of us were already concerned because in the summary, one, the fact that he said in his written sentence robert mueller did not find any conspiracy, and then he quotes robert mueller s report but he only quotes part of the sentence, not the full sentence, and it is clear from a legal reading that that sentence says i didn t have enough evidence. it didn t say i didn t find. and it became the way that the administration created a sound bite that said no conspiracy when there was actually not a finding and we know from what we have seen from the report various explicitly saying i didn t have enough evidence. that is not i exonerate. in the conspiracy section of the report, there is no exoneration language. what he says is, very clearly, he cannot establish directly that there was any relationship conspiracy agreement between the troll farms and hacking and the campaign. he also makes clear that there is much evidence he could not get around all these contacts between the campaign and russians that were happening alongside it. and some very explicit activity where the campaign is clear that it is getting or trying to get information from russian nationals. but three things hampered him. he had witnesses that were not in the country that he couldn t interview, he had administration officials lying, he encryption and deletion of communications that he would have been able to ascertain whether or not he could have exonerated the president. the thing about william barr, he s a consummate attorney. there is no question about his act as an attorney. so he understood what he was reading in the report. and any attorney would have said this is not exoneration, this is insufficient evidence. it doesn t prove that there was conspiracy. it doesn t disprove it. and then when you get to the obstruction section, which you have to read i think with volume one, what is very clear is he said big concerns, very troubled. i think he very clearly is signalling that there is evidence of obstruction and he felt constrained by the office of legal counsel s opinion that he could not indict a sitting president and that is why he was very clearly and explicitly kicking to congress and william barr then says in his summary after reading that, after being clear on what that means, he says no obstruction. . life- he left it on to me. no, he didn t. this is why the gutter ral scream would happen, listening to what she said. and i think number one he intended and it is clear that this should go to congress for political judgment because he was bound by the counsel not to act. and secondly i would add that i believe that he was saying that the reason that he was not able to find enough evidence was because the obstruction succeeded. so you do have to read the obstruction part. and it says we were obstructed and it worked. and so that is a very serious accusation that needs to be fully explored. and we have breaking news out of paris right now, where tensions are erupting in protests. paris police are reporting 126 arrests so far. protesters have begun throwing stones at police. this is happening with the yellow vests. that is these marches that have been going on for several months. matt bradley is there with the latest. matt, what is going on? reporter: well, this has been going on now for nearly six months. this isn t completely out of the ordinary. as the yellow vest protests get smaller, they tend to include more and more harder core participants. and that s what we re seeing now. but this is special, this is unique. because as you know, on monday, notre dame was nearly burned to the ground. right after that within a couple days, donor, major donors, major entinternational kroorpgcorpora donated more than a billion dollars and that is inciting a lot of the rage here. they are saying why is it that there is a billion dollars begin to a pile of stone as it were and not to help the are poor of france or even the middle class. so a lot of the rage here as it has for the last nearly six months is being directed at president emmanuel macron. they want to see reforms that lead to more income equality, they want more participation of the public involved in the government and policy making here in france. and they want to see a change in the way that elites carry themselves in public life. a lot complaints here involve complaints about elites, people who are highly educated who come from the wealthy parts of paris. and these people are really rejecting that not just politics, but the culture around that. ali. matt bradley for us in paris, yellow vest protests. an interesting type of protest in france. it is a legal requirement that people keep the yellow vests in their cars as a safety measure, if the car breaks down, that has been the thing that these protesters have taken to and they go on to the streets wearing these yellow vests. i want to finish this block off with clint. clint, the one thing that it doesn t matter who you are, there is no controversy about in this report the extent to which the russians were interfering in the 2016 election. and the evidence we have from dan coats and we have from call of the intelligence agencies that that continues to happen into the 2020 election. but all week tweets from the president, not a single one about russian interference. he does not want to acknowledge that because he believes it undermines his presidency. if he acknowledges that the russians interfered, then his presidency, his election in his opinion would be delegitimized. yes, the president is a small man. from the beginning all he had to do is come out and say doesn t matter what happened, you know, in terms of the outcome, i won. but this is a serious threat to our country and a leader of all americans, not just those who vote for me, we should deal with russian interference. and it would have gone away. we could have then talked about election security, we talked about it yesterday, five states still in the really secure, no backups. we could have talked about how we re with going to deal with russian influence you like if you lied thousands of times then it gives russians endless ammunition to influence in the u.s. audience space. they don t need to make fake news when americans make plenty for them. and we could have talked about dealing with others that are doing this. we have not addressed it. and so we are in a complete pause now for three years, maybe even four years from my perspective, we re going into 2020, this is going to happen. we have, what, 30 candidates on the democratic side. what are we doing to protect them so this doesn t happen again? that there aren t oligarchs orem miss tak emissaries that elevate in social media. so just for the country, it shows that the system has failed whenever and that is really a national emergency, when your democracy is under attack. and donald trump can be on the right side of that issue irrespective of anything in the mueller report. yeah, he just has to say i still won but let s make sure it doesn t happen again. thanks to all of you. stick around, because up ahead, mueller gave congress a clear roadmap, but what is he going to what is congress going to do with that roadmap and how will it deal with the impeachment question? we ll ask ro khanna, he is coming up next. coming up next every day, visionaries are creating the future. so, every day, we put our latest technology and unrivaled network to work. the united states postal service makes more e-commerce deliveries to homes than anyone else in the country. because the future only happens with people who really know how to deliver it. because the future only happens with people shaving has been difficult for me. i have very sensitive skin, and i get ingrowing hairs. oh i love it. it s a great razor. it has that fence in the middle. it gives a nice smooth shave. been nearly 48dacted muelle released and democratic lawmakers are at a cross road. one faction smells blood in the water to pursue impeaching the president while the other faction wants to take a more conservative approach fearing impeachment would not only be unsuccessful, but could cost the party its house majority in 2020. so what does the future entail for elected democrats? joining me now, congressman ro khanna of california. good to see you again. thank you for joining us on a saturday morning. thanks so much for having me on. what do you t of that characterization that i just delivered, is that fair that there are some members of the democratic conference who want to pursue impeachment or a road that gets to impeachment versus others who say there are other priorities to pursue? well, there are obviously differences of opinion in the caucus, but there are a few things i think we can all agree on. we should have bob mueller testify. we should have the full report. we should have the committees do their work. and then we ll go he as a caucus and meet about this and many people frankly will look to nancy pelosi whose judgment has been terrific and who most people believe has stood up to this president. and i do think that she will set the agenda along with jerry nadler and after we have a caucus discussion. congressman nancy pelosi has implied that the successes that democrats had in the 2018 midterms were sort of moderate districts that were taken over as opposed to as she commented districts like her own in which she i think sarcastically said a glass of water with ademocrat n impeachment as they are in other things, maybe economic issues, maybe health care. does this go counsel partisan lines or is it something else? i don t think that it is about partisan politics. i will say even in my district, which is a progressive district, people care most about health care, about prescription drugs, about jobs. but look, there is a very difficult issue before congress. on the one hand, we know that the president s conduct has been inappropriate. congress needs to speak out about that. so we condemn that and it never happens again. on the other hand, there is a judgment of a country that is deeply polarized and how do you stitch that nation back together. it is not about craven politics, about whether the democrats will win or not, it is about exercising responsible constitutional judgment and i think pelosi is saying let s have hearings about it, be deliberative and then make a decision. joan winebanks makes the point that there is still more information to get, that the redacted mueller report isn t enough to get all the information, that maybe if you and congress get the full report or a fuller report, you are in a better position to determine what next steps are. i think that is a very thoughtful point. and i d like to see every member ever congress ha of congress have access to it but at the very lease, leadership of the relevant committees should have the full report. and one of your guests made an interesting point that once we have the committees doing their work and once mueller testifies, things can emerge. when you look at watergate, it took many months of committee hearing before public opinion was shaped. let s talk about what you took from that report. what was your big takeaway? clint was talking about the fact this that we re worried about the fact that there was russian interference in the election regardless of who was colluding with whom, they were doing it then, they will do it again in 2020. others are concerned about the degree to which the president seemed to ask people to lie on his behalf. what is your takeaway, what concerns you most out of this report? the most chilling facts for me was the extent of the russian interference. i didn t know the extent of it until i read the mueller report. the fact that they not only hacked clinton s campaign, but they were hacking former secretary of states, they were trying to target our board of elections, that they were engaging in a systemic disinformation campaign where the president of the united states even unintentionally was retweeting russian agents. and what i don t understand, and i don t understand it about my republican colleagues, is why we can t come together to at least make sure that this never happens again to our democracy and why the president can t come out and say i will do everything to make sure we don t have foreign interference again. one wonders why that is not possible. congressman, thanks for joining me. he is on the oversight and reform committee. make sure to tune in tonight when chris matthews anchors special coverage of the mueller report starting at 6:00 p.m. eastern. and up ahead, why jerry nadler insists it is just a matter of weeks before robert mueller publicly testifies as he kick starts a legal battle with the department of justice over subpoenas for the full unredacted mueller report. ller . look limu. a civilian buying a new car. let s go. limu s right. liberty mutual can save you money by customizing your car insurance, so you only pay for what you need. oh. yeah, i ve been a customer for years. huh. only pay for what you need. liberty. liberty. liberty. liberty. bleech! aww! awww! it s the easiest because it s the cheesiest. kraft for the win win. i was just finishing a ride. i 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about xarelto®. to learn more about cost and how janssen can help, visit xarelto.com. monitor their blood glucose every day. and stick their fingers. repeatedly. today, life-changing technology from abbott makes it possible to track glucose levels. without drawing a drop of blood, again and again. the most personal technology, is technology with the power to change your life. life. to the fullest. now that special counsel robert mueller has finished his work, one of the questions that remains is whether the american public will get to hear from robert mueller himself. democrats on the house judiciary committee are in talks with the department of justice to make that happen. chairman jerry nadler wants mueller to testify next month after lawmakers question attorney general bill barr. barr said this week he has no problem with mueller testifying, but there is some division on the matter among senate republicans. senator lindsey graham the top republican on the judiciary committee and a trump ally says that he is not interested in having mueller testify. senator susan collins disagrees. in a statement she says if mr. mueller were to testify, it could give the congress and the american people another opportunity to better understand the facts and conclusions that he reached during his investigation. joining me at the table now, elizabeth holtzman, former member of the judiciary committee during watergate, who voted to impeach president nixon. and the rest of the panel is with me. liz, great to see you. this is really relevant, this whole last few years has been relevant to your particular experience during watergate, but this is really relevant now because we have what we have in the mueller investigation. after all these pages and redactions, there are still a lot of questions we don t have answered. we re more certain about some things, that the trump campaign absolutely benefited from whatever it was the russians were doing. and there are real questions to be answered. do you feel that more that it will be clearer if the judiciary committee is able to interview robert mueller and bill barr? well, they won t find anything out from bill barr. bill about a are oig has bebarr obstruct mueller. so i don t hold any candle there for or any hope that he will do anything that will illuminate the truth. as for mueller, i don t know what he is going to say, but i think the focus and the obsession with the two of them has to end. what the american people have to hear from is not robert mueller, but they need to hear from the witnesses like don mcgahn who could say how many times president trump came to him and told him to obstruct the investigation. what they need to 45hear from i the people who witnessed the criminal conduct, and i ll say it, in this administration. that is what they need to do. that s what happened in watergate. we didn t hear from jaworski. he never testified. no special prosecutor came there. the justice department people didn t come to testify. the american people didn t get the facts filtered. they heard john dean, they heard holderman, they heard the actual people involved in the criminal conduct. that is what congress has to focus on now. it is great to hear from mueller. i don t know moisture he will say. but we ve been spending too much time obsessing about him instead of and congress should have been doing this starting january 3, getting theexplaining to the american people. people won t read 440 pages, but they can watch they can try to understand the truth from that. absolutely 100% agree. the watergate hearings were one the most watched things ever in television history. and probably to this day it is a very high record. and seeing the credibility of witnesses is so crucial. body language, your tone of voice. michael cohen was not believed. and then he testified in public and his credibility was, oh, he s pretty credible. so if you can compare the witnesses themselves and hear exactly, all mueller can do is summarize the testimony that he heard. and who wants it filtered? i think that liz is 100% correct that we need these fact finding hearings. that is why i ve been so adamant about that is what we need. the american public has to be educated. and i still believe that like paula duncan, the jury who said i m a loyal trump supporter, but the evidence on manafort, i voted to convict him on all 18 counts. and i think even the most loyal trump people will see when they hear the witnesses that they are truthful and they will be appalled. it is a terrible thing to have a president saying please go out and lie, please cover up for me, please say this was the fascinating part of this thing, clint. for all that was proved or wasn t proved from this report, there is a whole lot of lying, a whole lot of requests to cover up, a whole lot of attempts by the president to get mueller out of the way. as a guy who is trainedo interview and investigate people, it is just weird. totally weird. so my favorite of the weird interactions that went down is admiral rogers. the phone call to admiral rogers. can you imagine being admiral rogers, you just went through this period of the russians attacking theyou are the nation agency leader, and now you re going to call the president and he says hey, you need to tell everybody i had nothing to do with russia? i don t investigate anything. but you need to put that out there because i need to reset relations with russia. you re talking with the guy who was just defending our country w. against the russian election interference. so his head must be why i can t understand why the president would think that i would do this. it is probably quite unsuggesting to me to tell me we need to reset relations with russia when they just attacked us. liz, why the lies? if i were barr and i read this report and i had to give a summary of it, there needs to be some explanation as to why someone would lie that much and ask so many other people to lie on his behalf. you were a prosecutor. i have to remind people. correct. put quite a few people in prison, too. but what i have to say is that people lie generally to cover up conduct that is criminal or seriously embarrassing or seriously harmful, politically harmful. and the president went out of his way, he was hysterical about this. he was obsessed with this. he couldn t focus basically on anything else. hard to think what he could focus on, but this he was focused on. so the problem here is to get at the truth. and to try, as jill echoed and others have said, we have to get the facts before the american people. we have a president who covered up we haven t been able to find out what was fully covered up here. and part of the reason, and i fault robert mueller s report for this, they don t say explicitly that the reason that they couldn t it should be one sentence, not broken up in different places in the report. one of the reasons that they could not establish this is that they were confronted time and again with an obstruction, with lies and coverup. and the president was part of this. the president was sending out stroking messages to witnesses. be strong. president loves you. not only himself, but through various aides. and then he was dangling pardons. we know that publicly. so what is going on thing is not to i think mueller made a mistake here. he shouldn t have it, nothing there basically or allow people to draw that conclusion. he should have said we were faced with obstruction after obstruction. these are not two separate parts of a report. they trinity mathematically connected. the obstruction prevented us from finding out the whole truth of why the president of the united states has been involved in this effort to impede an investigation, to influence witnesses, to tamper with witnesses and to obstruct. elizabeth halts moltzman, thu for joining us. when we come back, why we re not as protected as the white house may lead you to believe. protec may lead 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(siren) because with high bad cholesterol, my risk of a heart attack or stroke is real. repatha® plus a statin seriously lowers bad cholesterol by 63%. and significantly drops my risk of having a heart attack or stroke. do not take repatha® if you are allergic to it. repatha® can cause serious allergic reactions. signs include: trouble breathing or swallowing, or swelling of the face. most common side effects include runny nose, sore throat, common cold symptoms, flu or flu-like symptoms back pain, high blood sugar, and redness, pain, or bruising at the injection site. i won t let a heart attack or stroke come between me and everything i love. neither should you. tell your doctor to lower your ldl and reduce your risk with repatha®. pay no more than $5 per month with the repatha® copay card. welcome back to up. the mueller report makes it clear russia s election meddling was sweeping an systemic and there s a clear favorite in the race. donald trump. the report gives a detailed look at the kremlin-linked troll farm known as the internet research agency in st. petersburg. in posts on facebook,instragram directive from higher ups. and the national intelligence director now warns that the threat is not going anywhere. foreign actors will view the 2020 u.s. elections as an opportunity to advance their interests. we expect them to refine their capabilities and add new tactics as they learn from each other s experiences and efforts in previous elections. my panel is back with me along with michael waldman joining us, former speechwriter for president clinton. welcome to you, michael. great to be with you. maya, i want to play something from the acting cia director former acting cia director about this election cycle we re in. let s listen to this together. we still don t have a cybersecurity coordinator in the white house. we still don t have a single person in charge of this whole operation. and we have at least 3,000 plus counties across the united states where elections in a v out. so i don t think that we re much better off. so let s say you re one of these people who read this report and said all right, can t find sufficient evidence of collusion between the trump campaign and russians. what we did establish is that there was russian interference in favor of a particular candidate, donald trump working against hillary clinton in this election. an outcome that no democracy-loving american should ever want to occur again. correct. and we are not doing anything from the head of this government. this president has still not fundamentally acknowledged this. the president has not only not acknowledged it, after the fbi informed candidate trump that they knew that russians were trying to interfere in the election and please come tell us if you ve received any contact, and what happens? the trump campaign has multiple contacts with russians offering to help and support his election in various ways, and they don t report a single one of those. but even now in his administration, they actually undermine some of the capacity in the department of homeland security that was starting to pay attention to issues of bolstering election protections and cybersecurity. and so there actually have been some moves in the wrong direction under this administration just in a very bureaucratic way, just in the normal operations of federal government, to make it more difficult. and i want to add a third thing that we don t talk enough about. one of the things that the troll farming did was actively use race as a way to divide us as a country. donald trump spent much of his campaign using race as a way to divide us. and actually suggesting that many americans have a legal right to vote shouldn t. and in addition though russians were actually using social media to drive fake news on both sides to polarize and surrounds race. so if we re not willing to stop demonizing americans for voting, to start recognizing that we need all of our citizens to be able to participate in the democratic process, that means stop making boogeymans around latino, stop suggesting that black people shouldn t be able to vote, stop all of that and recognize we have to work together as a country and in addition solve our racial division so that we are less subject from a national security perspective to the interference from foreign government. that is a tall order, but a good point, michael, because we don t know that anybody s ballot was changed, but we do know lots of people didn t go to the polls. we did know lots of people got fake information. we know people saw things that looked like articles that they thought were articles that were sponsored by the russian troll farm. this attack on our democracy and this report show the porousness of our system. the ramshackle way we run elections and the fact we are still hugely at risk from russia or some other actor ond someone at home trying to suppress participation in the vote or all the other ways that people can be turned off. i don t know if you remember, but a week after the is the vens united supreme court decision, president obama stood in the well of the house, gave the state of the union address and said this will allow foreign interests to interfere in our politics. and justice alito mouthed no, no, that is not true. president obama was right. basically there was a dark money operation being run out of a building in st. petersburg, russia by an oligarch affiliated with putin. and this was of course important when they say the russian government which did have military units doing t hacking of dnc emails, but those in their orbit were using social media, were stoking divisions and all these other things. and there are things we still have not done as a country to make sure it doesn t happen again. 12 states the voting machines don t all have paper records. that graphic back up. we have some states 12 states without paper backups. 40 states use machines th yearss use voting machines that are no longer manufactured, so that has questions about maintenance and security breaches. if you want to de-i can t lal delegitimize the result, you know which systems to attack. the russians did penetrate some of the infrastructure and install malware. this is in the open. and which the other thing that we didn t talk about, this is a playbook laid out that by publishing the results of this report lays out for even exactly how you do two things. one, obstruct justice, but two how you also go after the u.s. election, how you can create chaos. and we ve not really shored up these gaps. we have the foreign influence task force at the fbi which i think is great. we have the national security agency, they actually did something in 2018. but are these pieces really connected? people are devoted to this in america at high levels in the military and intelligence community who are trying to fix this. and at state levels who are trying to fix this. but many people like you have told me it does need to be an all of government thing, that is led with a president who is not saying it is a 400 pound guy on his bed somewhere doing this. imagine you are national security agency or cyber command, you want to go after the troll farm, you launch an attack and the russian gru comes back and attacks instead indiana or florida or arizona in their election infrastructure. who thought that through strategically to say if we go at this troll farm, maybe they will knock out all of our voting systems or change the voting registrations. we used to do this all the time in the military intelligence community. i feel like if you can t say russia in the white house, you can t encounter them on the battle field. up next, he has already over a dozen obama holdovers jumping on board, some big news from joe biden that could change the crowded 2020 field in a major way. way.fe drivers have to pay as much for insurance. as not safe drivers! ah! that was a stunt driver. that s why esurance has this drivesense® app. the safer you drive, the more you save. don t worry, i m not using my phone and talking to a camera while driving. i m being towed. by the way, i m actually a safe driver. i m just pretending to be a not safe driver. cool. bye dennis quaid! when insurance is affordable, it s surprisingly painless. when heartburn hits, fight back fast with tums smoothies. it neutralizes stomach acid at the source. tum tum tum tum smoothies. also available tums sugar-free. save a little longer, i may need it in a few weeks. i have the most progressive record of anybody running anybody who would run. welcome back. joe biden has had a tough time keeping his plans a secret. he is set to end months of speculation by formally announcing a run for president. biden has topped nearly every 2020 poll in crucial states like california, iowa and new hampshire. means biden will enter the race as the clear democratic front runner. but his long career is already haunting him. thank you all for being with us. what is the good and bad about joe biden running? well, he s the most experienced in the race. i think he s a good man. i think he has the timarit and spine to stand up to the biggest bully that has ever occupied the office. right now he s in that sweet spot where he s not running. he can go home and watch tv if he wants to. we ve already seen he will have challenges. the most recently which is that he s overly affection gnat. anyone who has been around him will know it. he has tried to explain it. i don t know if that is satisfactory. he s going to have to explain the clarence thomas hearings with anita hill. he ll have to explain why someone that age, which is something bernie sanders will have to explain, which on the flip side donald trump is just a few years younger. if you were to ask democrats if the election was tomorrow and you could just stick someone in, they d probably put biden in as the best shot against trump of the group that is running now. but conversely is he going to have one of the harder times. one of the reasons he s delayed this long is i think he knows he s going to have a hard time raising money. he s basically skipped the first quarter so we don t have to see my god, look how little he s raised. he s not going to get $20, to $27 at a time from the internet. he ll have to go room to room and ask. really the question is, is this the year of the woman or also the year of the not man? let s broaden out and see if he s capturing it.ore than the the woman and the year of the not man. jo joe biden, like you said, may be the best positioned to go up against donald trump. do you think the anita/hill stuff could have been handled differently. does he capture that thing that about 40% of democrats are feeling. they want the world to lu arch forward. it is that what the democrats need do is piece back together the obama coalition. that was a coalition of millennials, now gen z, multiracial. a huge base including people of color, including white moderate democrats. that is the question that joe biden problems. are black women going to do the hard work? one of the reasons hillary clinton lost was wisconsin and michigan. we saw a decline of black female turn out in milwaukee and detroit. those are key demographics for democrats. if you are not paying attention to whether or not you are going to excite and capture that base in addition to holding together the broader coalition, you are not going to win. that s the question for joe biden. he hasn t demonstrated it yet. it is a striking fact, the last time the democrats nominated a white man for president was 2004. biden cannot allow this to be the one good day he has is the first day. he ll have to have a real good forward leaning and not just say i m from the good old now about the challenges facing the country running. nobody around the table has said it is a nonstarter. we ve never elected anyone over 54 or anyone that needed more than one try. thank you for joining me on this saturday morning. you can watch me monday through friday at 1:00 p.m. eastern with my colleague stephanie ruhle and solo at 3:00 p.m. eastern. ahead, as congress grapples with what to do next. congress finds themselves not n unified on impeachment. where to go next. along with support, chantix is proven to help you quit. with chantix you can keep smoking at first and ease into quitting so when the day arrives, you ll be more ready to kiss cigarettes goodbye. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. stop chantix and get help right away if you have changes in behavior or thinking, aggression, hostility, depressed mood, suicidal thoughts or actions, seizures, new or worse heart or blood vessel problems, sleepwalking, or life-threatening allergic and skin reactions. decrease alcohol use. use caution driving or operating machinery. tell your doctor if you ve had mental health problems. the most common side effect is nausea. talk to your doctor about chantix. i have heart disease, watch what i eat, take statins, but still struggle to lower my ldl bad cholesterol. which means a heart attack or stroke. could strike without warning, pulling me away from everything that matters most. 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person, president trump. but before he can take on the president, biden must win over enough democrats to get the nomination and there are already indications that won t be easy. correspondent peter doocy starts us off from philadelphia. joe biden started today first and primary polls but he also started his day last in primary fund-raising. so to catch up he s not going to be one of those democrats that keeps lobbyists at arm s length because a few minutes from right now, he will attend a fund-raiser hosted by the head lobbyist for nbc s parent company, comcast. the motorcade is gone and so is the support. if you are the best choice for democrats in 2,020, why didn t president obama endorse you? i asked president obama not to endorse and whoever wins this nomination should win it on their own merit. obama isn t a factor in biden s launch, speak out the famously friendly biden struck a serious tone zeroing in on part of the comment that he said there were some very fine people on both sides. the president had slightly more to stay dumb i can say. you had some very big people in that group, and his point is the same. those words of the president of the united states assigned a merrill equivalence moral equivalence between those spreading hate and those against it. at no point decades in d.c. so now a progressive group is trying to do that for him with a shot from the left, just as democrats brag about getting alexandria ocasio-cortez elected we did that the future includes medicare for all, the green new deal and free college. but the biden s past votes were for the iraq war for mass incarceration and against marriage equality. why are you the best candidate? the day one staff includes campaign manager greg schultz, and obama alone. senior advisor simone sanders, and michelle kwan. clinton alum and olympic silver metal winning figure skater. biden is the only democrat who isn t regularly waiting on news of the day. that was similar to the 2016 winning slogan making america great again. america is coming back like we used to be. biden isn t just using the keystone state to cash in. at the first two rallies that we know about would be pittsburgh, philadelphia and pennsylvania s 20 electoral votes would be a huge prize in the general election. to get there, he still got to beat 19 other candidates in the primaries. chris: a peter doocy in philadelphia. president trump appears to relish the prospect of a one-on-one contest with joe biden, but he is not confident that the former vice president will make it that far. john roberts has that part of the story tonight. in a morning digital slap across the face, president trump welcomed joe biden back to politics tweeting, welcome to the race, sleepy joe. it will be nasty. you will be dealing with people who truly have some sick and demented ideas. but if you make it, i will see that the starting gate. while the real clear politics average shows biden with any point advantage over president trump, november 2020 is a long way off. president trump boldly predicting none of the democrats can touch him. if the democrats are trying to win 2020. not going to win with the people that i see and not going to win against me. the only way they can luck out is by todd finley going after m me, on nonsense. the nonsense he referred to as the findings of the mueller investigation. the house committee chairman wants to know what president trump told a former white house counsel don mcgann about firing the special counsel. in another tweet this morning the president told his side of the story as has been incorrectly reported by the fake news media, i never told then white house counsel don mcgann to fire robert mueller even though i had the legal right to do so. if i wanted to fire him, i didn t need mcgann to do it, i could have done it myself. but president trump may have eroded the case to claim executive privileges and keep mcgann from testifying. if, in fact, the president directed to mr. mcgann to fire the special counsel, that s a substantial question. according to the mueller report, on june 17, 2017, he called him at home and said the special counsel had conflicts of interest and must be removed. further down the report illuminates a contradiction. when news broke in january 2018, the president publicly disputed these accounts and privately told mcgann that he simply wanted mcgann to bring conflicts of interest to the department of justice is attention. mueller writes, some of the testimony is consistent with the investigation, however he goes on to say there is substantial evidence of the president went further and in fact, directed mcgann to call rosenstein to have the special counsel removed. democrats appear to go to the map to go to the bottom of what really happened. this is your legal peril and constitutional peril. this is defiance of legitimate constitutional requests by congress. the white house gave the stiff arm denying stephen miller s appearance before the house oversight committee. he is domestic policy advisor, and the committee chairman elijah cummings wanted to talk to miller about security. but the white house said in a letter that that s not going to happen. john roberts, reporting from the white house. we are learning more information tonight about communication between two key players in the justice department investigation of the 2016 trump campaign, even after the election. chief intelligence correspondent catherine herridge reports. nine days after the presidential election, peter strzok and lisa page exchange tax that fox news has learned are under new scrutiny reviewing the genesis of the fbi russia probe. a string of text referred to an email and prior with pentz. page writes, would it be unusual to have them show up again? peter strzok response, or he s the counterintelligence guy, saying it might make sense. he can assess if there are any new questions are different demeanors. if the husband is there he can see if there are people we can develop with potential relationships. a former specialists of the text appear to conflict with strict rules made up by then fbi director robert mueller. quote, these texts indicate both fbi employees were executing investigative strategies on a sensitive investigative matter. without any regard for the mueller endorsed a guide. with the report complete and he may find himself back on the hill. i m certain that congress will have the opportunity to look at any investigation once it s closed and ask all these questions, and i would love to answer each and every one of your questions. the attorney general recently testified he is conducting a review of the fbi probe origins and whether surveillance of the trump campaign was based on sound intelligence. devon nunez said, this is more evidence that the fbi trunk brush investigation was filled with irregularities. there was no immediate response from lawyers for lisa struck lisa lisa page and peter strzok. adding any improper fbi surveillance activities must be brought to life and properly addressed. chris: catherine, thank you. the pentagon inspector general has cleared acting defense secretary patrick shanahan of wrongdoing. in connection with allegations, and he used his government post to favor his former employer, boeing. the ruling appears to open the door for president trump to nominate shanahan to become the permanent pentagon chief. but the white house has not said whether the president plans to name him. that sent the dow spiraling to a 135-point loss today. the s&p 500 was down one, the nasdaq gained 17. now, to a shocking story about north korea and the american student who died after his confinement there. before releasing otto warmbier in 2017, the north korean government submitted a $2 million medical bill to the u.s. state department. rich edson has the details and reaction tonight. good evening. otto warmbier arrived in north korea a college student on vacation and left in a coma on a government plane. now sources familiar with the matter confirmed that north korea billed the united states for his medical care. in june 2017, the ambassador, then the state departments north korea envoy arrived in pyongyang with a medical team to evaluate and return otto warmbier to the united states. the washington post reports that north korea demanded the u.s. signed an agreement promising to pay the medical bill as a condition of releasing him. president trump instructed him to sign the deal. he says the u.s. had done so for other prisoners. it is my understanding that in previous instances, there was some exchange of money, which was justified on the basis of hospital costs. a source says the otto warmbier bill is still unpaid. a source as north korea, i heavily sanctioned country is known for issuing bills to the u.s. government. and otto warmbier s family because kim s regime evil and responsible for unimaginable cruelty and no excuse or lavish praise can change that. chris: rich edson, reporting for the state department. russian president prudence says kim jong un is confirming north korea will give up its nuclear weapons program if it gets an ironclad security guarantee. and the two leaders held their first formal meeting today and greg palkot tells us how it wen went. next messages. kim jong un meeting for the first time russian president vladimir putin in the eastern russian port city. they went longer than expected but appeared friendly. discussions were described as open. we exchanged views on how and what needs to be done so that we can improve the situation for the better. russian president putin said moscow agreed for north korea to give up its nuclear weapon. and not just leave us but other countries including russia. north korea needs a guarantee of safety and presentation of sovereignty. and what would that be except restoration of international law. that s another way to get involved in a global issue of the same time sticking it to the sometimes rival united states. and it was a way for kim to rally support. that fills the objectives for the two leaders, it still shows he s a major player in the world stage and for kim it shows that he is isolated diplomatically. noting there are limits to the kremlin s reach. just face it. russia cannot do much about denuclearization. and first thing is first. we want to thank you. i ve next, why measles is making a comeback almost 20 years after it was declared eliminated in the u.s. first, here is what some of our fox affiliates around the country are covering tonight. fox 45 in baltimore. as federal investigators brother search in a probe of democratic mayor catherine pugh to include locations of one of her lawyers and in ada. she was under investigation of her sales of her children s book to companies who do business with the city. fox two in san francisco says authorities in sunnyvale recommend eight counts of attempted murder charges for the driver who apparently acted intentionally when he ran into a group of people tuesday night. of the eight people who were hurt, one remains in critical condition. and at this is a live look at chicago from fox 32, the big story there tonight? 31 people are taken to the hospital after a chemical leak in suburban beach park. the leak happened at about 4:30 a.m., causing toxic plumes of anhydrous ammonia to be released in the air. residents within a one-mile radius of the lake were told to close their windows and remain indoors. that s tonight s live look outside the beltway from special report. we will be right back. exactly, nothing. they re completely different people, that s why they need customized car insurance from liberty mutual. they ll only pay for what they need! 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experts say measles is highly contagious. after someone with measles leaves the room, contaminated aerosol poses a health risk for two hours. they will become infected unless vaccinated. a three-judge panel has ruled that the congressional and legislative maps have been unconstitutionally gerrymandere gerrymandered. they are ordering them to redraw at least 40 districts for the 2,020 election. the maps drawn by republicans in 2011 violate democratic voters rights. sri lanka has lowered the death toll from the easter suicide bombings by almost one-third. the new total is 253. authorities are hunting for at least five more suspects, embracing for the possibility of more attacks in the coming days. up next, a new law in los angeles has the nra taking the city to court. whether it s a year old or a few years old, we want to buy your car. so go to carvana and enter your license plate, answer a few questions, and our techno-wizardry calculates your car s value and gives you a real offer in seconds. when you re ready, we ll come to you, pay you on the spot, and pick up your car. that s it. so ditch the old way of selling your car, and say hello to the new way at carvana. it s kind of unfair that safe drivers have to pay as much for insurance. as not safe drivers! ah! that was a stunt driver. that s why esurance has this drivesense® app. the safer you drive, the more you save. don t worry, i m not using my phone and talking to a camera while driving. i m being towed. by the way, i m actually a safe driver. i m just pretending to be a not safe driver. cool. bye dennis quaid! when insurance is affordable, it s surprisingly painless. every day, visionaries are creating the future. so, every day, we put our latest technology and unrivaled network to work. the united states postal service makes more e-commerce deliveries to homes than anyone else in the country. because the future only happens with people who really know how to deliver it. because the future only happens with people i was told to begin my aspirin regimen, blem. and i just didn t listen. until i almost lost my life. my doctors again ordered me to take aspirin, and i do. be sure to talk to your doctor before you begin an aspirin regimen. listen to the doctor. take it seriously. everything we have, we ve earned. we got no free pass. the unmistakable lexus is. lease the 2019 is 300 for $329 a month for 36 months. experience amazing at your lexus dealer. sir, you re a broker. what do you charge for online equity trades? 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(nervous chuckle) lisa: and do i get my fees back if i m not happy? like a satisfaction guarantee? ugh. schwab! lisa: oh right, i m calling schwab. thanks, carl! wait, lisa! lisa. are you getting low costs backed by a satisfaction guarantee? if not, talk to schwab. a modern approach to wealth management. chris: at the national rifle association is suing the city of los angeles over new rules requiring businesses looking for city contracts to disclose any relationship with the nra. chief correspondent jonathan hunt looks of the controversy tonight. the nra filed its lawsuit just as i prepare to open its annual meeting in indianapolis today. in the lawsuit the nra said the los angeles city law violates contractor s first amendment rights of free speech and association, and at the 14th amendment right to equal protection under the law. nra attorney chuck michelle says the organizations members, including an unnamed l.a. business operator who has joined the suit are being put under unfair pressure. this is a modern-day mccarthyism designed to discourage people from publicly supporting the national rifle association. felt l.a. law was introduced after 12 people were murdered at a mass shooting at a bar in thousand oaks, california, and went into effect april 1st, forcing any company who wants to do business with the city to reveal whether it has any connections to the nra. councilman mitch o farrell champion the law saying los angeles shouldn t give public funds to nra link to contractors while the city tries to promote gun safety. he told us he was not available for an interview today at city hall, but when the law was passed in february, he told the council that the nra had been a roadblock to gun safety reform for decades. it s time once and for all to call attention to these types of organizations that cause incalculable harm across the country. l.a. is the only major city in the country to have this type of disclosure law and the nra clearly wants to stop any momentum it might get. this legal fight seems certain to come up tomorrow when president trump addresses the nra convention. chris? chris: thank you. a federal judge has granted a justice department request to allow a former fbi counterintelligence officer to testify at tomorrow s sentencing of a confessed russian spy. the government has a recommended 18 month sentence for maria butina. her lawyers have asked for time served. she tried to infiltrate the nra and make inroads with conservative activists and republicans before the 2016 election. the national security air agency or nsa system for collecting data on american s phone records may be on the way out. correspondent gillian turner tells us why the winds of change are blowing for the stellar wind program. trump administration forces tell fox news that that s one of the most controversial buying programs in history. it s called stellar wind. for over a decade the program has allowed the nsa to gather metadata. data that has been used by intelligence operatives to track down terrorists and their networks. but sources have become concerned that solar wind has become to burn burdensome. president trump will ultimately make a final decision. congress will have a say as well, the law regulating the program expires in december. that law is congresses 2015 usa freedom act. stellar wind is a top-secret program created by the bush administration after 9/11. it operated below the public radar for 12 years until edward snowden leaked its existence. stellar winds provoked a national outcry and pitted civilians against the intel community. as an intelligence analyst i want access to the information but as an american i wanted to be hard to get to. president obama continued the program reauthorizing a pared down program in 2015 meant to limit data collection on americans. this is not an issue in which we have to choose between security and civil liberties. today the aclu supports killing the program but says doing so doesn t go far enough to protect americans. sources in the intelligence community say stellar wind isn t nearly as useful today as it was five years ago. terrorists now prefer to use encrypted apps and social media. as terrorist migrate away from traditional intercept vulnerabilities such as using unsecured phone lines and cell phones, this program becomes less and less important. intelligence community service sources say they are bet is on president trump shutting stellar wind it down. since president trump himself believes he was a victim of government spying in 2016, they say he even has less appetite for stellar wind than his predecessor was. chris: when we come back, i look at joe biden s previous runs for president and what he will have to overcome this time. yes it is. you know, maybe you d worry less if you got geico to help with your homeowners insurance. i didn t know geico could helps with homeowners insurance. yep, they ve been doing it for years. what are you doing? 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they are at the same. they capture different moves. he told a missouri confined r confined to a wheelchair stand up. god rest her soul. although weight, your mom is still alive. and not doing the math at a rally in ohio. a three letter word, jobs. jay obs. jobs. there s almost nothing he said or could have said that would somehow startle the public which has been tragically and undeniably largely a new word to people saying things that even five years ago we would have solemnly said it, that s the end of this person. joe biden was elected to the u.s. senate from delaware in 1972 and he left the senate to become vice president in 2009. 36 plus years serving in the most deliberate, but also a lot of votes. pages and pages of key votes, almost four decades of them, that can be mined by his opponents in a much more liberal primary environment now. everything from voting against federal funding, to voting to authorize the war in iraq. and, many lawmakers a portion of them will become predators 15 years from now. the crime bill in the 1990s is positioned on claimant s comments clarence thomas. in his position vis-a-vis obamacare is a real problem for primary voters. most activists, donors and likely voters in the democratic primary are progressives. the broader electorate is much more moderate, but before joe biden gets to the more moderate general electorate, he needs to win a primary that has dominated by progressives. while some democratic analysts say the best day on the 2020 campaign trail may be his first day, reporters on the ground in early states see other indicators. i ve talked to a lot of democratic proponents here in new hampshire, they want somebody who can beat trump and right now polls indicate that joe biden would be that most delectable person and that helps him. he 77 years old but guess what, bernie sanders is 77 years old and he s doing pretty well in the primary. they ve got older populations of these things may not hurt joe biden. they are left to candidates in the center that gives him more oxygen to breathe. in a field of what will be 20 more democratic candidates, the candidates need oxygen. i will believe the question is with biden s link the legislative, we will experience the plus this time around. chris: next up, we will bring in our panel. joe biden s latest run for president. biopharmaceutical researchers. driven each day to pursue life-changing cures. in a country built on fostering innovation. here, they find breakthroughs. like a way to fight cancer by arming a patient s own t-cells. and a new therapy that gives the blind a working gene so they can see again. because it s not just about the next breakthrough. it s all the ones after that. a business owner always goes beyond what people expect. that s why we built the nation s largest gig-speed network along with complete reliability. then went beyond. beyond clumsy dials-in s and pins. to one-touch conference calls. beyond traditional tv. to tv on any device. beyond low-res surveillance video. to crystal clear hd video monitoring from anywhere. gig-fueled apps that exceed expectations. comcast business. beyond fast. i can customize each line for each family member? yup. and since it comes with your internet, you can switch wireless carriers, and save hundreds of dollars a year. are you pullin my leg? nope. you sure you re not pullin my leg? i think it s your dog. oh it s him. good call. get the data options you need and still save hundreds of dollars. do you guys sell other dogs? now that s simple, easy, awesome. customize each line by paying for data by the gig or get unlimited. and now get $100 back when you buy a new lg. click, call, or visit a store today. i believe history will look back on for years of this president and all he embraces as an aberrant moment in time, but if we give donald trump eight years in the white house, he will forever and fundamentally alter the character of this nation. that s why today i am announcing my candidacy for president of the united states. chris: well former president joe biden making it official today, running for president for the third time. as you can see casting his candidacy is fighting against donald trump for the sale of america. let s bring in our panel. in dominik nitsche, jonathan swann from axios, anna palmer of politico and coauthor of the new book, the hill to die on, the battle of congress in the future of transamerica. and tom bevan. let s start with io, anna. frank has its privilege. your thoughts about trumps rollout today, the fact that his first event is a big ticket fund-raiser tonight in philadelphia, $2800 per pop. and some left-leaning regressive groups are already saying he s old guard. i think he is playing by the old playbook here, for he knows he needs to raise money. that s the big weakness. i think the question is going to be, can he ignite the liberal beast. and so far joe biden has not made the case. chris: that s really going to be one of his first challenges, 24-hour fund-raising number, isn t it? that the strange thing is, we will report this tomorrow morning but i might as well just say it now. he s not welcome. it s nothing for bernie to say that, he s got this army of young people that are excited about him but joe biden doesn t have that. more people like paying $2800. i think the real interesting thing about biden is the gap between people like us, and opinion who basically, most elite opinion makers on tv that i see think this guy has no chance, and the public opinion. you could say it s an interesting clash. then president trump greeted biden today with some form of a mean tweet as they call it, let s put it up on the screen. welcome to the race, li b. i only hope that you have intelligence to wage a successful primary campaign. it will be nasty and you will be dealing with people who have some truly sick and demented ideas but, if you make it, i will see you at the starting gate. see you have a sense how worried the trump campaign really is about joe biden? i actually think they are concerned about him. they are concerned about the elite opinion which might make up here and, i think part of that has to do with the fact that joe biden has clearly proven in the past has appealed to the scene states that were key to president trump in deciding the 2016 election. personally i think the elite opinion is wrong about joe biden, he has a much stronger candidate that they are given credit for. i think a large part of that is he has an enormous wellspring of support among african-american voters that you do not see for a lot of the other candidates in this case. while they might be appealing to the more progressive vote which i think is the loudest and shouting about a lot of different issues, i think that s a little bit less of a general election appeal. the problem here is how does he deal with all the headset will come against him from his past? those will already be we seen them used a lot of different ways and i think it will be deployed against him. he will have to come out with different ways to respond. i want to ask about one of those because one issue is the way he handled the anita hill will clarence thomas hearing. but apparently often times when the door bell would ring, they would say, it must be joe biden calling to apologize. apparently, that was like in 91 i think. he apparently called at some point this month to apologize and she didn t regarded assuffi. why would you wait this long to clear this up? i don t know. was the easy part, announcing. the biggest asset is electability, even people who don t like him and think he has the best chance of beating trump. to the extent that this continues to be a scrum and it lasts a long time and you have that progressive vote divided up amongst a number of candidates. he s able to stay in his lane and that will be to his benefit. that was probably appropriate but, it s probably the crime bill and predators, both on abortion and those things. how big of a problem is that, or are people going to kind of say, we understand, we ve been around a long time. views change. i think it s tough, he was in the senate for a long time and obviously the white house, and it s not from washington from the swamp, they want to have that dream. i want to turn to another subject. this continuing toddling back and forth by president trump in terms of the mueller report, and sometimes he says it s complete exoneration and other times he says of the political hit job. is there a strategy there? the extent to which you see is frustration, the thing i m told he was most frustrated about are the people around him who were taking notes. at mar-a-lago he was complaining about that and honestly john down again, his lawyer, was chief among that. there is strategy with regard to the hill absolutely, and they ve studied it president and at george w. bush, they played out the park and it ended up being settled under obama. eric holder owning contempt, running up the clock. for all the hoopla on democrats around the hill, we ve got quite a lot of power and its pretty substantial one. chris: the president says he can assert executive privilege. now the congress may disagree but when it comes to current and former officials, former including people like white house counsel don mcgann, those congresses are what he waved. which side of that argument do you like better? i think this is going to be back and forth all the way down and it s not going to be something that is resolved to the presidential election. that s a political football that works within the democratic coalition and it s bringing back and forth between capitol hill and the white house. this is not going to be something where we are actually going to have the kind of revolution revelations we actually deserve is a country about how this revelation was started. and that s a process of things, these are not what we where we will have the happy resolution we have a clear thing at the end of the day about what happened and when and who made the choice. chris: and tom, i ve got about 30 seconds left. as we saw with republicans in 2015 and 2016 with hillary clinton, even if it s not going to go with criminal charges or something like that, just continuing to hold someone in hearings and keep putting out information does exact a political price. it does and that certainly the democrats plan. the problem, the risk they run without us by the time we get to election time, we have nothing to show but total investigations. they overplayed their hand in that regard and that certainly will be a daily drift and a problem for president trump in terms of coverage. chris: i think you will. that s it for the panel. when we come back, a boy gets a very special treat on easter sunday. 44, 45, 46. how many of these did they order? ooh, that s hot. you know, we could sell these. nah. we don t bake. opportunity. what we deliver by delivering. let s see, aleve is than tylenol extra strength. and last longer with fewer pills. so why am i still thinking about this? i ll take aleve. aleve. proven better on pain. we re on the move. hey rick, all good? oh yeah, we re good. we re good. terminix. defenders of home. chris: finally tonight, 10-year-old danny was scheduled to have brain surgery the day after easter. he wanted to have chick-fil-a the night before his operation. well, his family reminded him the chain is closed on sunday s. but one of his nurses wouldn t take no for an answer. what is that? chick-fil-a? on a sunday? chris: danny got a special chick-fil-a treat on a sunday and his surgery went well the next day. that special report tonight. the story hosted by my friend martha maccallum starts right now. martha: that is a nice exception made by chick-fil-a. good evening, everybody. welcome to the story, i m martha maccallum. third best for joe biden who announced today that he is in the race. but here is his 1988 announcement, which came during a similar boom time for the economy. then under ronald reagan. we can deal with our trade problem that pay real money, not poverty wages. we can do all this and much mor more. the next president of the united states has a phenomenal opportunity to make a contribution to this country in a way that is going to make life better for our children. marth
president in a sign of progress is meeting with the chinese vice premier here at the white house and steve mnuchin treasury secretary just saying moments ago that progress is being made. and so clearly there is some movement going on in terms of this trade deal between the u.s. and china that we really haven t seen previously when hopes had really been dashed anything would be reached before the election. president trump talked how the chinese signaled they wanted to wait until after the election, but now there appears to be movement on trade. we re waiting for more details, brooke. pam, thank you. go straight to cristina alesci, our business correspondent on how markets are responding to those key words from pam. progress being made. how is the dow? reporter: the dow is definitely up. it has been up all day on optimism that a trade deal of some sort, i just want to couch that, will be reached. what this really is, is an easing of tensions, what i ve been hearing from my sources all week, that is does, it likely will fall short whatever is announced of a comprehensive trade deal, but all the market wants to see right now is some easing of tensions, and it seems to be heading in that direction. very key here is the fact that it looks like based on reporting from kevin liptak and my sources that what will be avoided is the tariff increases going into effect next week. that s the critical part of this equation that wall street was really looking at, but let me just take a step back and tell you what this means. one, this is not a comprehensive trade deal, the way that the chinese see this, as the beginning of a longer discussion. earlier today i reported the fact there may be continued discussions in china with secretary mnuchin and lighthizer, the u.s. trade representative, and going forward i think this is a sign also that president trump needs a win, and that s really important to him right now with the impeachment inquiry hanging over him and a backlash from republicans on his decision to pull troops from northern syria. he needs a political win. the trade deal right now could be ousted ambassador told the house committee that she was from president trump as well as what she called unfounded and false claims by people with clearly questionable motives, a direct quote from her. yovanovitch served the nation as a diplomat three decades appointed by both democratic and republican presidents but her time as ukraine diplomat unexpectedly recalled from her post amid we know were efforts by rudy giuliani and two associates of his to pech her out. turns out the president had a hand in this as well. in her opening statement today, obtained by the in t new york t yovanovitch takes us into how she would no longer be needed at the state department. quoting now, i met with the deputy secretary of state who informed me are the curtailment of my term. he said that the president lost confidence in me and no longer wished me to serve as his ambassador. he added that there had been a concerted campaign against me and that the department had been under pressure herb from the president to remove me since the summer of 2018. he also said that i had done nothing wrong. that this was not like other situations where he had recalled ambassadors for cause. yovanovitch also did a point-by-point rebuttal of several claims made against her including that she is disloyal to the president and said she would be impeached. yovanovitch says neither is true. also she says she has never met the former vice president s son hunter biden. she does say she met joe biden over the course of the years but never discussed the company for which hunter biden was board member and yovanovitch also says she had minimal contact with rudy giuliani. so with all of that said, go straight to manu raju, our senior congressional correspondent. reading through the nine, ten pages of her opening statement, it was a wow. also she talked about the damage she feels is being done long term to, you know, diplomats and folks at the state department. tell me nor about whmore about said? reporter: right. incredulous her dismissal in her base was based on unfounded, unsubstantial claims she said by people with questionable motives one of those from giuliani associates who said she believed their personal financial ambitions essentially played a role in all of this. yes, she did raise significant concerns about the long-term impacts of the state department and what s happening at a critical time with the u.s./ukrainian relations. today we see the state department attacked and hollowed out from within, congress needs to take action now to defend this great institution, and as thousands of loyal and effective employees we need to rebuild diplomacy as a first resort to advance america s interesting and the front line of america s defense. not doing so will harm our nations interests perhaps irreparab irreparably. that s part of the discussion behind closed doors and also discussion about concerns republicans had and giuliani had raised about she allegedly was disloyal to the president. she did recite point by point pushing back on those claims that had been made as part of what she believes is an effort to go after her, a smear campaign of sorts and son none of that is essentially true. the question ultimately now is what else do democrats and republican, have they learned in the testimony going on since about 11:00 a.m. eastern time. a break for lunch. members declined to comment. one member saying she was subpoenaed to appear. others have not confirmed that at all, but there s been a lot of questions why she was allowed to appear, why she did appear, because she s still a current state department employees and as you know the white house and state department has taken steps to deny access and testimony to what they view is invalid impeachment inquirienquiries. a lot of questions what she s saying behind closed doors but we sgect to continue at least several more hours. thank you, manu. keep your ear to that door and meantime let s discuss. cnn legal analyst and former new jersey attorney general and an investigative reporter for times and a cnn national security reporter. kylie, begin with you over at the state department, because state is really getting this one-two punch today because you have yovanovitch, we ran how she s hitting back hard at this president while you also have senior adviser to state department secretary mike pompeo quitting because he felt the secretary did not express enough public support for state officials caught up in all of these ukraine investigations. i have to ask you, what is the mood like over at the state department today? folks are clearly angry and frustrated but the thing here, brooke is that they re no longer staying at the state department in line quietly, not saying anything about what is happening. we have mckinley, who resigned because of frustration about the lack of support secretary pompeo shown for ambassador yovanovitch recalled abruptly for political reasons and ambassador yovanovitch herself making very, very declarative statements about what happened in her ousting and telling her story. this is not a state department that is willing anymore to remain silent. folks i ve talked to throughout the day are happy to see that. they re happy to see the department is not being completely undermined and overrun by a political agenda, but they re fearful of what could happen here, because we really don t know if ambassador yovanovitch will be able to remain in her position. she s still technically a state department official and able to fairly and fully tell her story. so on all of that, what i wanted to ask about. since she s still on the state payroll. we saw what happened to ambassador gordon sondland, supposed to testify a couple days ago, state department said, no, you re not, because the white house said, no, you re not. why was she allowed to testify this morning? issues subpoena. sondland was subpoenaed and said he will honor that next week. too early to tell. the committees are doing, and i think this is right. if your boss in the state department tells you not to go and you have essentially a request for a voluntary testimony i think people are in a hard position. once a subpoena comes, that s a lawful order from congress saying we want you to appear. either way, you re either going to defy a lawful order from the united states congress or you re going to defy your boss and here i think the decision to talk is, is happening individually with the state department employees. now, i would balance that with documents, which i think it will be up to the state department to turn over. i think we ll see people testify, but we won t necessarily see the documents. got it. matt to you. also just remember that back on that, what was it? july 25th phone call, president trump referenced yovanovitch on that call with his ukrainian counter part and she was ousted at a time when just asked to extend her tour and, two, a newly elected ukrainian president and would likely want ta continuity of ambassadorship, but the trump white house did not. why would they want her out, matt? they clearly saw her as an b obstac obstacle. looks a lot like an obstacle to what they wanted which is a new investigation into hunter biden and the former vice president joe biden. but throughout this they clearly see her as somebody who s not carrying water for that agenda and by all appearances by what she said it appears that mr. giuliani really did see her as a problem and wanted her out and they wanted to clear the way for somebody that would be i guess more onboard and more willing o to, to get onboard with this idea of opening this investigation. in a reading of her opening statement, a graph i wanted to highlight that struck me. kylie, for you. today we see the state department attacked and hollowed out from within. state department leader shep with congress needs to take action now to defend this great institution. she sends the graph saying i fear not doing so will harm our nation s interests perhaps irreparably. kylie what would that harm look like long term? well, she goes on to detail what that harm could potentially look like. she says it could be resignations of state department officials which we have already seen to some degree and she says result in ambassadors not being trusted by the country they re in to speak on behalf of the president. that s another thing she says. clearly an issue for herself when she was in ukraine. another thing she says is that it will allow individual people to then come in and s use official channels for their own personal gain. to circumvent diplomats and not be doing things in the interests of the public good. the other thing she points out is that all of these changes are only going to benefit american adversaries and she specifically points to russia as one of those countries that would be benefited if the state department goes through the demise that she is predicting could happen if this isn t stopped. i see you nodding out of the corner of my eye. yeah. i was thinking about one of the statements, things we read as part of the statements the suggestion by the former ambassador she was pushed out because people didn t like her anti-corruption work. if we think about what kind of a message it would send for people who have a private financial interest who don t want the u.s. doing anti-corruption work abroad to just have the president or other emissaries take someone out is a terrible message for political corruption. matthew, do you think the damage is irrep prraable? kl relationships be rebuilt? how are other countries viewing the united states now? look, like any relationship, via personal or dimatic one. it takes time. a bigger issue the ambassador raises about institutions. there are developing countries around the world, very weak institutions where the ambassadors, whom ever really don t represent their government and everything is done personally by the president, prime minister or their friends or family. you know, the u.s. has always been very different from that where our institutions have mattered. it we re inches towards a place somebody who s an ambassador doesn t speak for the country but this guy, a lawyer or the president does is a dangerous place for america to be. listening this i was handed a piece of paper. looking at this first time. three chairs statement on ambassador yovanovitch. schiff, intel chairman elijah cummings and ingle chair of foreign affairs, their statement they ve just released. last night the committees learned that the state department at the direction of the white house directed ambassador marie yovanovitch wow not to appear for her voluntary interview today. this is the latest example of the administration s efforts to conceal the facts from the american people and obstruct our lawful and constitutionally authorized impeachment inquiry, and it goes on. obviously, the news, back to you, going full circle, they directed her not to show up, but she still did. this is an extraordinary thing that we re seeing which is essentially she s stepping forward as an employee of the state department saying i have an obligation both to honor congress subpoena and share the information she has. what would be interesting is what happens to her as a result of defying the white house and state department s order pe they may fire her, take discipline action against her. it s completely defensible what she s done with a lawful subpoena. in response, the second graph of this, issuing a subpoena to compel her testimony this morning. the duly authorized subpoena is mandatory and the legitimate order from the administration has that force. she is complying and answering questions before it s staff. respond to this kylie from the state department? what we ve seen before matches up directly with what we re learning. prevented from attending his deposition, committee found out about that hours before sondland was supposed to come forth and he also has been subpoenaed and we re told he s going to appear next week. clearly, the committee was ready for it this time when they found out she wasn t allowed to attend they had that subpoena ready to go. ambassador yovanovitch followed the law there and has attended. it s important to follow what the white house is going to do, what the state department is going to do as a result of her not following the orders of the secretary of state of, of her boss, and following the law here which is going forth because she was subpoenaed. because we know that the white house has put out some statement, some internal talking points to its allies questioning the fact that ambassador yovanovitch shouldn t be able to show up unless she has a counsel from the state department. and we don t know who she went to her testimony with today, but that will be interesting to develop and follow here. i think it s also worth noting that government employees have an affirmative kind of responsibility to report wrongdoing, to report fraud, waste and abuse. while the administration may want to say these team work for us and have to be loyal to us, part of their job, the agreement when they took their job they have to rob wrongdoing when he see it and there is possibly a real tension there. matt and kylie and anne, thank you so much for all of that. that is happening today in washington. a whole lot more to talk about. also today the president losing a major decision on his tax returns. a washington, d.c. appeals court ruling lawmakers have the right to see them. so what happens next? also, rudy giuliani s financial dealings are under investigation after the arrest of those two associates of his. hear how the president is now trying to distance himself from the man he s known for years and years. you re watching cnn. i m brooke baldwin. we ll be right back. m doing it. the supplements. the veggies. the water. but i still have recurring constipation, belly pain, straining and bloating. my doctor said i could have a real medical condition called ibs-c. for my recurring constipation and belly pain from ibs-c. i said yes to linzess. linzess treats adults with ibs with constipation. linzess is not a laxative. it works differently. it helps relieve belly pain and lets you have more frequent and complete bowel movements. do not give to children less than six. and it should not be given to children six to less than 18. it may harm them. do not take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain. especially with bloody or black stools. the most common side effect is diarrhea. sometimes severe.gas, stomach area pain and swelling. i m doing it all. and i said yes to linzess. ask your doctor about linzess. they re america s bpursuing life-changing cures. in a country that fosters innovation here, they find breakthroughs. like a way to fight cancer by arming a patient s own t-cells. because it s not just about the next breakthrough. it s all the ones after that. goldi knows to never compromise. too shabby! too much! too perfect! i can rent this? for that price? absolutely. book your just right rental at thrifty.com. oh! baby bear! all right. back. you re watching cnn. i m brooke baldwin. president trump s bid to keep his tax returns out of congress hands hit another road block in a 2-1 ruling the d.c. federal appeals court sided with house democrats in its standoff with the president. lawmakers issuing a subpoena to get eight years of trump s tax returns from his longtime accountant mazer s usa. jessica snich reasons requesting the tax returns and what happened next? reporter: brooke, house democrats said all along they need the president s financial information to further their investigation into house and government ethics laws. it s a fight that dates back to february when michael cohen testified before the house oversight committee. he said in that testimony that the president had changed the value on some financial statements. democrats used that as a jumping off point to say they needed the president s financials to investigate these government ethics laws. well, the president s attorneys all along have said this rationale is a ruse, because they said that democrats were requesting the tax returns just to harass the president. this morning the d.c. circuit court of appeals arguably second most important court in the country ruled in a 2-1 decision that the president and his accounting firm mazers must in fact hand over eight years of accounting records. we ve since haereard from the president s attorney jay siekulw who says he will keep fighting this and have seven days to decide whether to appeal to the full d.c. circuit. remember, the initial rules is only from three judges. that could do that or go right directly to the supreme court. so the d.c. circuit this morning ruled this subpoena for these it financial records, it did, in fact, brooke, fit into congress legislative mandate. so that was the ruling from the circuit court. it s been the ruling from the district court and interesting here is that if this were appeared to the supreme court the supreme court actually repeatedly upheld congress broad power to investigate. so if the president s attorneys take this to the supreme court it could be interesting to see how this plays out. given the precedent from supreme court where they ve said, yes, congress has this power to investigate, to issue subpoenas, and now, of course, the balance of the court being with the 5-4 conservative majority. could get interesting. bottom line, brooke, that democrats likely won t see these financial documents at any point soon. this will continue to play out in the courts. brooke? your last point about the supreme court and precedent siding with congress is so, so important. and good enough to stay on a little more friday with me. thank you, and our legal analyst is back also. surface level, how big of a legal blow is this? significant ruling and at the circuit level which is the appellate level 2-1. a significant employblow for th administration. they have seven days to file an appeal and one of the president s attorneys tells cnn, we continue to believe this subpoena is not a legitimate exercise of congress legislative authority . it s important the kocourt ruling says two centuries of precedent, case after case upholding congress pouper to do what they ve done to issue a subpoena as part of its legislative function. part of a legislative investigation. the opinion is strongly written citing all of these years of precedent saying congress does have this authority. the second point on the appeal is i think an important one which is that i would expect they will appeal first to the d.c. circuit so all the judges who sit on the decircuit and potentially to the supreme court to draw it out longer. on the supreme court point, i hear you on precedent, but, again you could look at it as, look at all the conservatives on the court, look at the trump appointments on the court. you still say, yes. precedent rules? i still think press conseceds because the critic s separation of powers between congress and the executive. the reason the cases have said this for years congress is a coequal branch a right to have oversight over the president and an investigative function and really the argument that the administration is making against it would mean, again, the president was above the rule of law. that the rules didn t apply to the president. i think the supreme court will go this way. congress is a coequal branch. sometimes people forget that. thank you for all of that. the arrest of two associates of the president s personal lawyer rudy giuliani has now thrust the former mayor square in the middle of this ukraine controversy. is president trump now backing away from his old friend? everyone uses their phone differently. that s why xfinity mobile lets you design your own data. you can share 1, 3, or 10 gigs of data between lines, mix in lines of unlimited, and switch it up at any time. all with millions of secure wifi hotspots and the best lte everywhere else. it s a different kind of wireless network, designed to save you money. switch and save up to $400 a year on your wireless bill. plus, get $250 back when you buy an eligible phone. that s simple. easy. awesome. call, click, or visit a store today. got more breaking news on this friday afternoon. how about this? a federal judge has just ruled that president trump s use of emergency funds to build the border wall is unlawful. that judge appears posed to block the use of those funds. also today, president trump s personal lawyer rudy giuliani is at the center of the fallout involving the president in ukraine. now giuliani is coming under more scrutiny. the feds are taking a closer look at higs business ties to these two men after their arrest on charges of violating campaign finance laws. and a company founded by one of these men where he hired giuliani on retainer that the name of that company fraud guaranteed. not making it up. fraud guarantee is the name of one of these guy s company s. just at photos emerof president trump with rudy giuliani. somebody said may about picture at a fund-raiser. somewhere, but i have pictures with everybody. i have i don t know if there s anybody i don t have pictures with. i don t know them. i don t know about them. i don t know what they do, but i don t know. maybe they were clients of rudy. i just don t know. reporter: are you concerned about being indicted in all of this? i hope not. i don t know how he knows these people. reporter: they re his clients. okay. well, then they re clients. i mean, he s got a lot of clients. so i just don t know. i haven t spoke ton rudy ab spo rudy about it, i don t know. general counsel for the federal election commission and a cnn contribute beer. larry, good to have you on. despite some of the behavior we have seen in recent months, let s remind everyone that rudy giuliani is a seasoned prosecutor. he has to know better. so what are the kinds of things that these investigators are looking for? what kind of legal jeopardy might he face? first, the indictment that came down describes actually a pretty intricate scheme to funnel foreign money into our elections to give illegal contributions to candidates at the federal and state level. to give $325,000 to trump s super pac. this is not something that happened at random. these people knew what they were doing or were told what to do. one of the things they ll look at, where did they get instructions? how were they old what to do? prior to 2018 seemed not to be that involve ared in u.s. politics and all of a sudden develop a company. come up with a global energy producers, and they start making contributions when the company really has no money? something is going on here where they were, i suspect, guided at least in some way how to do this. and one of the questions, how involved was rudy giuliani in all this? right. then as far as the president, we ve heard the defense in the past, i didn t know. i didn t know. notably when you think of that payment, $130,000 to stormy daniels. if it turns out rudy giuliani was acting on the president s interests but without his knowledge, larry does that exonerate the president on this single detail at least? well, if he truly had no knowledge about this. yeah. it might. but keep in mind that, know, giuliani also has a relationship with the campaign. if he was doing this on behalf of the campaign, then at least it implicates the president s campaign in illegal activity. so it is not just the president himself, but it s hard to believe that the president, that president trump claims as a business person he was very on top of things, a representation to be a micromanager at a sense had no idea what was going on here and no idea who giuliani was talking to, because frankly the two people in the indictment, fruman and parnas. yes. parnas. especially fruman considered one of giuliani s fixers in ukraine. right. these are people important to the campaign, important to the whole scheme to try to involve ukraine in the investigation of joe biden. so it s hard to believe that they had no idea what was going on. all of this is swirling, rudy giuliani may in pure giuliani fashion could not being to talk to talk to journalists. if you were representing him what would you advise him to do right now? a long time ago i would have advised him to shut up. to stop talking on tv. two words. right. but that s not going to happen with him. in some sense he s the gift that keeps on giving, because you have a sense he ll appear on thn interview, but in that say things that are, that describe something that s illegal. you never really know whether it s because he doesn t understand the law, or he doesn t care, or he just thinks he can so confuse things nobody will keep track of it, but he has a lot of explaining to do about this situation. keep in mind, he had lunch with these two the day before they were leaving s day of, hours before going to dulles to fly out of the country on a one-way ticket. right. raises the question, any advance notice this would happen? there are a lot of questions that u.s. attorneys will want answered. larry noble. thank you very much. good to have you on. the insults are, and false claims, flying at a campaign rally in minnesota. this last night. president trump ranted about political opponents in washington in a long airing of grievances some old, some new. many flat out wrong. let s fact check, next. if you have moderate to thsevere rheumatoid arthritis, month after month, the clock is ticking on irreversible joint damage. ongoing pain and stiffness are signs of joint erosion. humira can help stop the clock. 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claims before he even got off the stage and cnn s reporter fact checking. daniel, welcome to you. start with the president defending his actions in syria, but he wasn t exactly honest about it. highly dishonest, brooke. both before and during the rally. listen to two comments made first to reportering and then to the rally crowd we have no soldiers in syria. we ve won. we ve beat isis. beat them badly and decisively. we have no soldiers. we don t have any soldiers there, because we left. we won! there are american soldiers in syria. 1,000 american soldiers in syria. the pentagon confirmed they re still there. the defense secretary confirmed it today, and so this is the president saying there are no american troops in a place where there are 1,000 american troops. this is egregious deception, brooke. okay. get daniel to your next point, that the president has been railing at house speaker nancy pelosi over this whole impeachment inquiry and did it again last now and says she s really on 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name. instead he was just known as speedy. he was always the first one out there. reporter: it wasn t a surprise speedy was one of the first to arrive when mission police were called to the scene this past june of a man pulling a gun on his own mother. speedy was on the phone with his wife when the call came. i heard a radio call in the background. so he told me, babe, i got to go. i said, okay, babe. take care. reporter: the last word the high school sweethearts shared. 15 minutes latary friend told bobbi to race to the hospital. speedy was shot in a foot chase with the suspect. and i cried my lungs out. i didn t want to believe it. i did not want to believe it. the doctor came out and said he had passed, and i was just in shock. i was i couldn t i just couldn t deal with it at the time. i was in complete shock. reporter: the officer was one of speedy s best friends, a week before the shooting they shared haunting text messages, a pact that if anything happened they would take care of each other the families. it s heartbreaking, because it s something that you make as a promise as a friend, as best friends, and you re also going to hold your word to it but now we re fulfilling it. reporter: the officer and others have stepped up for their buddy speedy taking care of his wife and their two children brianna and joachim. [ sirens ] they recruited dozens of officers to make sure joaquin didn t walk into the first day of seventh grade alone pap moment so powerful it left many officers in tears. they drove brianna tond college and helped her move into her dorm room and fill add stadium cheering wan kean and his first football game wore number 50 in honor of his father s badge number 350 and name add street after him. literally a family in blue. they ve been there with us through everything. tried to normalize our lives as much as possible. are you excited about the game? yes. excited. reporter: speedy and his family were supposed to celebrate his birth together as a recent dallas cowboys game. had was his favorite team. it was his brother s in blue who brought the family instead. we get to honor and share it with my husband in spirit. i know he s here. so many times it s unbelievable. i m very thankful. very thankful. reporter: the dallas cowboys might be known as america s team, but these officers are speedy s team. thank you. reporter: ed lavandera, cnn, mission, texas. thank you so much. ed lavandera and that entire department for sharing his story. we re going to continue on. more breaking news this hour. a key witness in the house impeachment inquiry pointing fingers at the president. details on the testimony from capitol hill just this morning from that woman there in center of i don t are screen. details on the three major legal blows dealt to the president and this administration today on key policies. we ll be right back. plants capture co2. what if other kinds of plants captured it too? if these industrial plants had technology that captured carbon like trees we could help lower emissions. carbon capture is important technology - and experts agree. that s why we re working on ways to improve it. so plants. can be a little more. like plants. some things are too important to do yourself. get customized security with 24/7 monitoring from xfinity home. awarded the best professionally installed system by cnet. simple. easy. awesome. call, click or visit a store today. announcer: this is cnn breaking news. you are watching cnn on this friday arn, a very busy friday. i m brooke baldwin. thank you for being here. right now former u.s. ambassador to ukraine marie yovanovitch is behind closed doors on capitol hill telling lawmakers about her time in president trump s state department including her stunning claim that president trump and people with