tv Tucker Carlson Tonight FOX News December 27, 2016 11:00pm-12:01am PST
personal foundation. democrat eric sneiderman says president-elect trump can't shut down his personal foundation while it's being probed by his investigators. in response, mr. trump took to, of course, twitter. writing, quote: i gave millions of dollars to djt foundation. raise receive millions more all of which has given to charity and media won't report. he later followed up the d.j.t. foundation, unlike most foundations never paid fees, rents, salaries or any expenses. 100 percent of the money goes to wonderful charities. the political panel joins us now. shelby holiday and "the washington examiner" susan ferrechio, good to see you poet. i want to start with you, shelby. it seems like donald trump leaves that the media and new york attorney general who is democrat are not gfg to give a fair shot here. >> no. he wants people to know did he raise and donate millions of dollars. that is true. he also said though that 100 percent of his money has gone to charities and he received a great deal of media scrutiny bus he has made or there are allegations that he has made
illegal donations. you could look at attorney general pam bondi in florida. that he has engaged in self-dealing. he didn't properly register his foundation in new york new york. no matter what good his foundation has done. donald trump will be attacked for these missteps there are a lot of legal issues surrounding his foundation. >> there are legal issues but that seems like that's a big part of the frustration for donald trump. mr. sneiderman democratic attorney general here in new york last i checked hadn't been investigating the clinton foundation for example. >> no, that's true. and as shelby said, there are a lot of questions surrounding trump's foundation about the self-dealing, what he spent the money on. did any of it go to his campaign? did any of it go on buying portraits of himself? i think there are some real questions about the foundation and its expenditures. but on the whole he is right when he says that he has raised millions of dollars for charity. that is true. and i think if you look at overall, ed, who has the last word on this? he has got 18 million
twitter followers and the media who are contesting him on twitter. don't have a fraction of that in their following. so he -- and in a sense twitter allows him to circumvent the media thought on this and just speak directly to his followers, many followers and make big declaration whether or not it's 100 percent true. >> susan makes a point about donald trump's meg ga phone. someone else who has a mega phone is barack obama, outgoing president there hasn't a recent tradition of former outgoing presidents who is not former yet. kind of leaving the stage. but as we saw with these comments in the podcast with david axelrod, shelby, it seems like, you know, barack obama is not going away quietly number one and number two said, look, let me in, coach. if i had gone head-to-head with donald trump i would have beaten him. >> right. i can't help but be reminded when i played basketball in high school and we would say we would boat the boys. we never played the game. you can't make comments like that. both of them are guilty of making these comments.
>> it's unprovable. why did he bring it up. >> unprovable. one hand we had angry electorate that wanted change. they were anxious about the economy. on the other hand, president obama had really high approval ratings. it's impossible to know. just something we shouldn't even be talking about here we are. thank you, twitter. >> susan, it's almost like a double bank shot because it wasn't just barack obama going after donald trump i could have beaten him. he was making it clear he would have been a better candidate than his fellow democrat hillary clinton. >> i think this is all a precursor of the post presidency obama. and i have said this before. i think he will be the most politically active expresident in modern history. what he is basically saying is he is creating us versus them people if i run again and the country would have voted for me, meaning everybody else out there son the wrong side of the argue. i think we are going to be hearing a lot more from the
president own twitter feed about what he thinks of donald trump. is he not going to go quietly. is he moving a mile away from white house. and i think he will be an absolutely powerful force for the democrats. and for donald trump to reckon with. >> i think that's something we can all agree on and there is a vacuum at the top of the democratic party right now to hillary clinton getting off the stage with uncertainty about who is running the dnc. aging leaders on capitol hill. he may very well twhal vacuum. shelby, susan, than. >> thank you. >> jim comey how he handled the investigation into hillary clinton's private email server is it time to move on? did he really do anything wrong? outraged democrats think so is here next.
>> many disappointed democrats are blasting jim comey for handling the investigation of hillary clinton's private email use is comey really to blame for her shocking loss last month. matt miller seems to think he was a big part of it. he was kind enough to come in and explain his outrage. good to see you recommendation matthew. >> good to see you. >> after all this time what's your beef. >> it goes all the way back to july. the first press conference that director comey held where he departed from department of justice rules and passed judgment on hillary clinton's conduct something the fbi is not supposed to do when they are bringing charges. extends to the letter he sent 11 days out from the election.
which, you know, he sent it at a time when the fbi didn't know if they had any information threw hand grenade into the middle of the election. at the time hillary clinton had donald trump on the map. the race was essentially over. and it changed the direction of the race and i think eventually changed the outcome of the race. that is an appalling thing for an fbi director to do. >> sure. how do we know that the race was over? i mean, on a separate point, don't we now know for sure that the polling was off in a lot of states and some of the national polls so for you now to say the race was over and hillary clinton was going to win and this is the reason, with all due respect, that part is flawed. >> well, i don't think it is. lock, two things can be true at once. you can look to other reasons why hillary clinton lost if she had had a different message. if she had not had the email problems in the first place, can you come up with those things and say if those had gone differently she would have won. that would be true. it can also be true that she was going to win despite some of those problems. i think if you look, you know, one of the best
analyses i have seen is one that nate silver reported on last week that showed a 4 point swing to trump's in trump's direction after the comey letter came out in those last, you know, 10 or 11 days of the election. without a doubt, there were problems with her campaign. >> sure. >> she would have won anyway if it hadn't been for his intervention. >> whether nate silver is right or not though. james comey was the fbi director he was selected and nominated by a democratic president. and isn't this what we are supposed to have with fbi directors? like it or not, he is supposed to be independent. he decided in july, i'm not going to move forward with charges and then he decided it was painful of the democrats but late in the election cycle said i got to take another look at this. i'm independent. and so whether you like it, i like it, or republicans like it, because it's gonna change in different election cycles, he is supposed to be independent and you as someone who used to work in the justice department, why interfere with that. >> you are right. someone that worked in the justice department. one of the things i learned
is yes, the fbi director is independent, as is the attorney general. but he is also supposed to follow the rules. the fbi director is not exempt from the rules that say if you're not going to charge someone, tonight pass judgment on their conduct. is he not exempt from the rules that say you do not do anything publicly that could tip the scales of an election within 60 days of the election, let alone 11 days out. yes, is he independent, but there are rules that have been put in place because the fbi and the department of justice has so much power to unfairly tarnish people's reputation they are supposed to follow rules and that's exactly what he didn't do in this case. >> i mentioned the justice department in part because john podesta, we both though know him well the former campaign chairman for hillary clinton. he has been vocal on sunday shows and op-ed recently suggesting the fbi is in disarray. he charged james comey spent far more time on the email server than the russian hack of the dnc. loretta lynch was asked about that very claim on cnn and this is what she said.
>> i can't comment on mr. podesta's sources or where he gets his information or why he has that view. but what can i say is that he is not involved in the ongoing investigation. so he wouldn't be privy to everything that would have been done or said to that. as i said, you any, is he entitled to his opinion. >> so heres a democratic attorney general saying is he entitled to his opinion. doesn't sound like she agrees with him on the facts. >> yeah. she may not. i think she is wrong. is he certainly not privy to all the facts. we know enough now about the fbi director's conduct both in the investigation into hacking where he refused to join a statement that other members of the intelligence community put out and in his handling of the clinton investigation to know that he has behaved certainly inappropriately with respect to the clinton investigation. i think carelessly with respect to the russian investigation. so, yeah. she can make that claim. i happen to disagree with her. >> you disagree as a democrat. last question here, which is moving forward, there has been some speculation that james comey, who we haven't heard from besides those letters back and forth right
before the election might make some sort of comments after the inauguration of donald trump. if he were to do that, is there something for you, as a former justice department official in the democratic administration, is there anything he could say that might fix any of this? >> yeah. well, look, there is nothing that he could say that will fix it he changed the outcome of the election. there is. >> what do you want him to say, i guess? >> what i would like him admit he has made a mistake and learned from it and won't do it again. show some growth as an individual. someone who highly values his integrity. i think that's led him to make mistakes to try to protect his reputation for independence. i would like to see that he understands that, you know, this was a mistake. i should have listened to the advice i got from others not to do this and going forward i'm going to follow the rules and not violate those rules when it suits my purposes. >> i suspect a debate over james comey still just beginning. i appreciate you coming in and explaining your views, matthew. >> thanks, ed. >> it's been a tough year and week when it comes to
deaths of icons 70's and 80's. today it was carrie fishy. she passed away at the age of 60. fisher of course became international super star playing princess leah. she suffered a massive heart attack flying from los angeles to london friday night. our friend frank luntz noted today our passing brings to mind a line from yoda who said, quote, death is a natural part of life. rejoice for those around you who transform into the force. here is maybe the only positive part we can take from this awful news today. lucas said her final film will not be compromised by her death. she had actually already wrapped up her appearances for the yet unnamed eighth episode "star wars" series which we are told you will be able to see on december 15th, 2017. meanwhile, have you heard about president-elect trump's plan for the supreme court. but did you know he has a chance to completely transform the federal judiciary? that story up next.
>> campaign trail president-elect trump spent a lot of time discussing his vision for the united states supreme court. one topic that didn't come up what he might do with the rest of the federal judiciary. he will have the opportunity to nominate nearly 100 judges to federal courts all over the country. just how big are the steaks? chief council conservative group joins us now. carrie? good to see you. >> good to see you. >> we hear a lot about the supreme court. we will get to that in a moment. but with this, you know, more than 100 nominations coming up throughout the federal judiciary he has a chance the president-elect to put his stamp on the courts.
>> yeah. assume egg he takes this as a top priority coming out of the gate, which i think he will, we saw when obama came in he actually spent a lot of time revving up his process. it wasn't until almost two years into his presidency that he even had half of his vacancies with nominees let alone passing them. i'm optimistic because trump has placed such a ohio priority with his judges on the campaign and supreme court nomination, et cetera, i think he will have the same priority on this and really get out of the geat strong. >> let's break it counsel in a way that our viewers can understand way to impacts them and my sense is that on a lot of these actual courts you don't hear about them as much as the supreme court, of course. but a lot of these big issues on immigration and social issues as well think are decided at the supreme court reports. >> municipal court takes less than 1% of the cases that are appealed to it every year. that means upwards of 99% are decided at the lower courts, the federal appeals court and the trial courts.
it's hugely important. and in many cases these are the courts that are going to be the front edge that the judicial court will decide. they can't be just giving short -- this has to be given the same level of scrutiny that's given to these candidates that the team will be giving to who they decide to appoint to the supreme court. >> my understanding is back in the bush administration a lot of these appeals courts and whatnot were tilting right and now they are more in a center and that there is not a clear sense whether they are left or right. and that this is a chance for donald trump to move these courts to the right. is that your sense as well. >> i would call them the center now. when obama started, they were -- bush had done his job. every two term president can effect about a third of the judiciary. he had done that one of the 13 appellate courts had democratic majority the rest were republican.
obama went more than half now controlled by democratic majority. so i think this is an opportunity for trump to push back on that to a certain extent. but obama, like many other presidents he actually had more nominees, i believe that were confirmed than bush. they all get a huge stamp on these federal courts. it's incredibly important role the president has. >> let's focus on the role of the supreme courts. maker, democrats upset he never got a hearing let alone a vote. now president-elect trump when he takes office is expected pretty quickly we're told to come up with nominee there. what's your sense, i'm hearing from some conservatives they want to see him, donald trump, pick a fight rather than come up with compromise candidate pick someone in the middle and start this new congress, this new presidency off on sort of a more positive friendly note there are conservatives saying no from the beginning he has to send a signal he is going conservative. what say you? >> well, i think we -- trump
has put out his list. i think that list is part of the reason he won the election because people were so encouraged by seeing this is the kind of person who will succeed justice scalia on the court. someone with similar principles nip on that list because they share the prince principles of justice scalia is someone they will make a fuss about. cabinet their explodes every day as these people are announced. they are not going to say this is a nice compromise person. they are not going to be happy unless you appointed make garland. who knows even then they might fight it he needs to go and finds someone who is principled who has the courage of their conviction and someone who is worthy of justice scalia's legacy. >> last question. i have got 15 seconds. i'm hearing from a trump insider, they are planning for maybe not just one, three, four, maybe more supreme court nochingses because of health issues and age of the justices is that a stretch. >> i think four might be a stretch. you could easily see two or
three. a lot of justices getting into their 80's and at normal retirement age. i think we should expect this is not going to be trump's only opportunity to appoint to the supreme court. >> carey, we really appreciate you coming in tonight. >> thanks. >> still to come, my colleague in washington. doug mckelway is on deck. is he the subject of tonight's subject we call the friend zone. you probably didn't know he likes to play the banjo. what else didn't we know about doug? about doug? that's straight ahead. thank you for dining with us. hope to see you again soon. whoa, whoa, i got this. just gotta get the check. almost there. i can't reach it. if you have alligator arms, you avoid picking up the check. what? it's what you do. i got this. thanks, dennis! if you want to save fifteen percent or more on car insurance, you switch to geico. growwwlph. it's what you do. oh that is good crispy duck.
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anchoring for bret and also trying to keep up with emerging donald trump trump administration you have been in d.c. and outside of new york trump power. how this one stars up? my progressive is they were always very fair to us. fox news reporters. maybe with a couple exceptions. can i remember very accommodating to me. always responsive with emails. you know, always willing to accept questions during ernest's press briefings. i would say it's slightly different though when it came to presidential press conferences. i had the privilege of being at a couple of them and loaded forebear with tough questions and never called upon when the president was there himself. >> because the power center it seems to me has gone a bit from washington to here in new york in terms of fact that this incoming president
may make trump power. >> moved from new york to washington. i think it's moving back to the financial -- not just because of trump and trump towers. looking at people across the spectrum in the cabinet who made their money on wall street or in finance in large part and so we're looking at that power center shift back to new york. and to get the economy going, perhaps that's not a bad thing. >> now, let's talk a little bit about you and your distinguished career. a lot of people probably don't know that the news business. >> did you say distinguished or extinguished. >> i said extinguished -- no i said distinguished and i meant it sort of a family business for new a way. >> there is only one business can you get into in my family and that's journalism. but i took a bit of a detar departure. that's my grandfather with president kennedy. he started out as a copy boy at the evening star newspaper in washington after world war 21 and rose
to become the managing editor there. the editor in chief. the editorial chairman eventually before he retired during the kennedy administration but he was really one of the gate keepers, a key figure in journalism in the united states in the 1940s. he was the first to interview after japanese surrender. concentration camps. one of the editorials he wrote in the star was largely credited with giving the district of columbia voting rights. his younger brother st. clair mckelway was a high school dropout. he left western high school. he dropped out in tenth grade. went on to become the managing editor of the new yorker magazine during his hay day. one of the great, great writers for the new yorker during the 1930s, 40s, and 50s. up until the 1960s. my grandmother was the first female editor of the george washington student newspaper the daily hatchet. there she is in 1917 and
1918. with that family legacy on my shoulders, i didn't want anything to do with print reporting. so my mother said doug, why don't you try tv reporting. here i am. >> and here you are. and there you are as a young reporter. not that you are not young now but younger reporter. a little darker hair. and. >> that's right. >> and it's really awesome. your office is right next to mine in washington. i did not know that about your family. i'm glad you came on tonight. we're honored that you are here carrying that family tradition on at fox. >> likewise. great to work with. >comingup. it's time to hear from you. you won't believe the mean tweets that tucker got today. to be honest, i got some
carlson has been on one month and has vacation? i want that gig. >> others wrote in tucker has only had this show for a month but he has been working hard at fox for years and deserves family time. i agree. then the tweets took a turn around started at me. henry is good but is he no "tucker carlsotuckerrer carlson. >> my 9-year-old hearing tucker carlson is out this week that's sad i like tucker. sorry ed henry. i lost a 9-year-old. i mean, come on. then i got a back handed compliment as a viewer paid me home image about asking hillary clinton question email server that infamous wipe it with a cloth moment. i was waiting for tuckerrer carlson can i get a cloth to wipe you off my tv with? >> then it took a horrible
turn. i think i speak for everyone when i say i miss tucker. you should play reruns or something. at least tucker would be in them. ouch. you would rather watch reruns of tucker than new episodes of me. as we get ready to start a new year laura nelson schnapps is giving me a glimmer of hope. dog named after tucker tc, maybe my next one will be ed. down to the dogs. tomorrow it's your turn to be king for a day. if you had absolute power and could do one thing to improve america what would it be? tweet me at foxnews.com. tune in 7:00 p.m. lying pomposity group think. also, don't forget to dvr the show. "the o'reilly factor" is up next. former u.s. ambassador to the u.n., john bolton on whether the administration sold out a close ally. the factor. also dug into the vault and found one of bill's past
interviews with carrie fisher. i will be here tomorrow night for tucker no rerun. ♪ ♪ welcome to "red eye." hello, everyone. i am tom shillue. let's check in with tv's andy levey at the "red eye" tease deck. >> coming up on the big show, mtv news comes up with new year's resolutions for white men. what's the big deal? i'm sure there are things like drink less and go to the gym. stuff like that. plus the british equivalent of the oscars will force films to choose diversity. that's better than clorox christmas, an all wait and caucasian santa. and the world will be out of seafood by the year 2048. i get red lst