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tv   Americas Newsroom With Bill Hemmer and Sandra Smith  FOX News  February 18, 2019 6:00am-9:00am PST

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>> he has teddy roosevelt in that movie, right? >> give yourselves a round of applause. >> happy president's day, everyone. see you tomorrow. >> bill: good morning, everybody. fox news. protests planned across the country as the white house digs in saying the president will not give up on border security. hope you had a great weekend. it's president's day. i'm bill hemmer. welcome to heather. >> heather: i'm heather childress in for sandra smith. the white house is defending the president's decision insisting the crisis at the border is a very real threat. top democrats vowing swift and aggressive action to block the declaration, even some republicans are coming out against the controversial move. the president and his allies are standing firm. >> this is an emergency. what are we on, the fifth caravan? i would ask those senators how many caravans do we need, six, seven, or the one that never stops? >> to take money away from
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defense and d.o.d. to build this wall that is a campaign promise i think is really wrong priorities and i think it's harmful to the country. >> certainly expansive authority congress has given past presidents. this president has the same authority. i wish he wouldn't use it in this case but i understand his frustration. >> we should take action to disapprove of this excessive use of executive power and make it clear the article 1 branch, the congress, is going to jealously defend our right to be the body that decides on federal spending. >> he could choose to ignore the crisis and emergency as others have. that's not what he is going to do. >> heather: griff jenkins live in washington griff, the white house is facing these challenges on multiple fronts. that is the latest? >> the white house is digging in for a major fight. it will be coming from every angle. democrats are unified in their belief that the president has grossly overstepped his authority in this national
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emergency declaration. and when house democrats return from rest cess next week they will have a resolution opposing it. adam schiff saying it was unprecedented. >> the first time the president has tried to declare an emergency when congress rejected funding for the particular project that the president is advocating. >> such resolution would need to pass the senate where republicans have a thin majority. if it was going to have binding impact. when senior white house advisor stephen miller weighed in you heard from him earlier he indicates the president is fully prepared to defend his declaration even if he issues the first presidential veto if congress votes to disapprove. >> the president will protect his national emergency declaration. it is a threat in our country, not overseas. if the president can't defend this country, then he cannot fulfill his constitutional oath of office. >> this as lawsuits are already
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underway. california's attorney general says his state will file imminently to block the emergency and they're one of as many as five states expected to bring lawsuits and aclu and public citizen have already taken legal action. >> heather: a lot of protests planned for today. how large will they be? >> they could be massive to be honest with you. more than 10,000 people are expected to take to the streets coast to coast. more than 240 actions across the nation calling it president's day protest. organized by a coalition of several activist groups. move on.org is to fight the action and demanding congress overturn it and address what move on's campaign director calls the quote, this false crisis is an illegal, unconstitutional power grab that undermines american democracy to advance his racist agenda. i just got a note.
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i covered move on.org's rise to prominence when they opposed george w. bush. interesting what they see with turnout coast to coast and if they address president trump is miami this afternoon. >> heather: let's see if they come close to the 10,000 number they expect. thank you so much, griff. >> bill: bombshell claims from the former f.b.i. director andrew mccabe telling 60 minutes that rod rosenstein was not joking when he suggested recording the president after the firing of james comey. >> to be fair, it was an unbelievably stressful time. i can't even describe for you how many things must have been coursing through the deputy attorney general's mind at that point. so it was really something that he kind of threw out in a very frenzied, chaotic conversation where we were and what we needed to do that. >> rosenstein was actually openly talking about whether
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there was a majority of the cabinet who would vote to remove the president. >> that's correct. >> bill: byron york, i know you saw it last night. we heard some of the headlines at the end of last week after hearing more of mccabe's story now, what do you think? >> it really is a stunning revelation and it is more evidence that rod rosenstein really did discuss wearing a wire to secretly record the president, really did discuss whether the 25th amendment could be invoked to remove the president, and that the f.b.i. really did open a counter intelligence investigation directed specifically at the president right after the firing of james comey to see if the president was some sort of russian asset. now, obviously mccabe has had credibility problems. remember he was fired for having a lack of candor, fired
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by the f.b.i. on the other hand, what we're hearing from mccabe is consistent with what congressional investigators have heard from other sources so it has some credibility. >> bill: rosenstein said it wasn't true. melissa schwartz said at no time did mr. mccabe participate in extended discussions about the use of the 25th amendment nor is he aware of any such discussions. that's con foountion. >> the rosenstein statement issued through the justice department was a non-denial denial. he never authorized anyone to wear a wire to record the president. that's true. they didn't authorize anybody to do it but did discuss it. as far as the 25 amendment is concerned he never believed it could be used but it appears that they did, in fact, discuss it. which is amazing. you remember rod rosenstein is not even a cabinet head. he is the deputy attorney general. there was a senate confirmed
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attorney general, jeff sessions, in office at the time these discussions were going on. so i think much of the quote denials of this are not really denials. >> bill: see if the president is reacting. a few tweets. here are two of them. wow, so many lies. by now andy mccabe, fired for lying and now his story gets more deranged. he and rod rosenstein hired by jeff sessions another beauty look like they were planning a very illegal act and caught. this was the illegal and tres onous insurance policy in full action. the insurance policy action did not come up last night. this was largely andrew mccabe's story. he had a lot of time to share his experience. what did you think about how they told his story? what was missing? how about the trump tower
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meeting that happened four months prior? >> there were many things that were not covered in this interview. you mentioned the trump tower meeting. what about the dossier, what about the beginning of the counter intelligence investigation into the trump campaign, so-called crossfire hurricane investigation? what about the briefing of president elect trump in early january in trump tower where james comey tells him about the allegation of sexual misconduct in a hotel room in moscow. there was all sorts of stuff that andrew mccabe might have been able to talk about that wasn't covered in that interview. >> bill: lindsey graham wants a hearing. we'll talk about that later. byron york, alabama, thank you. much more coming up throughout the morning. talk to mercedes schlapp, she will be live here in a few hours as we roll on today. >> heather: looking forward to that. there is this. a new twist in the investigation of an alleged
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hate crime attack against empire cast member jussie smollett. they questioned two brothers and they're no longer classified as suspects. jeff paul has the latest from chicago. what's the latest in terms of these developments? >> police want to question or speak with smollett again about some new developments that have come up in this case. and this is in response to some of the questions that have surfaced regarding the validity of the claims that smollett has made about this alleged attack and he spoke about it publicly and on air. most recently on abc. >> i see the attacker, masked,
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and he said this maga country and punches me right in the face. who says this maga country. ties a noose around your neck and pours bleach on you. this was just a friendly fight? >> smollett gave that interview shortly after two brothers in nigeria were arrested. investigators said they were detained when they returned to chicago. police officers searched their apartment. those men have been released and police didn't file any charges. >> my clients are great. they are tired, they're glad that justice prevailed for them. they put the work in and i'm glad to say they're on their way home. >> lawyer for smollett says he will continuing cooperating with police and they released a
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statement. anyone claiming that smollett had a part in this attack is simply lying. >> heather: more to come on this. >> bill: anthony wiener is now a free man after serving more than a year for sending -- >> heather: cnn is being called a digital gangster. >> the white house will prevail and any legals, how strong is the case they're making? >> he will protect the national emergency guarantee. this is a statutory issue and delegation that congress made. reserve is the only precious metals company led by a former director of the united states mint. and as one of the largest us gold coin distributors in the country, us money reserve has proudly served hundreds of thousands of clients worldwide. there may have never been a better time to start diversifying your assets
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months of a 21-month sentence after pleading guilty to sexting with a 15-year-old girl. expected to have a full release and have to registered as a sex offender. >> bottom line is this, you cannot conceive of a nation without a strong, secure border. congress in 1976 passed the national emergencies act and gave the president the authority, as a result of that, to invoke a national emergency in many different circumstances. among them for the use of military construction project. the president said we would use military construction fund to go around a base in syria nobody would say anything about it. >> bill: stephen miller with chris wallace defending the national emergency declaration. now the lawsuits stack up against the plan. alan dershowitz joins me now. how are you doing, sir, good morning, welcome back. what do you think about the
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legal standing for this? let's start with that and we'll go from there. >> well, i think it's very questionable. emergency generally means something that happens so quickly that there isn't time for congress to act. i don't think an emergency includes a failure by the branch of government that is authorized to expend funds, namely the house of representatives and congress to authorize funds the president wants to see authorized and they refuse to do it. i don't think that's an emergency and i think congress does have the authority to vote to amend the law that was cited in the previous discussion to make it clear that it doesn't apply to failure to authorize expenditures. the president could then veto and you would need to have a veto-proof majority. will that happen? i don't know. many members of congress including republicans are upset at what they believe is a presidential power grab over the legitimate power of congress to authorize
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expenditures of money for long-term problems, not problems that suddenly appear on the horizon. >> bill: i have to follow up on that. stephen miller that it could be treated with a veto. watch here. >> if they pass a resolution of disapproval, will the president veto that which would be the first veto of his presidency? >> the president is going to protect his national emergency declaration. i know we're out of time but i want to make this point. there is no threat. he is going to protect his national emergency declaration, guaranteed. >> bill: we'll see where it goes. however, you have all this money that you can access. maybe not all of it because you'll get a legal fight on some of it. you have access to a lot of money that would allow you to continue the border security plan whether there is a legal fight or not, sir. >> yeah. i think what is going to happen. you'll have some district courts striking down at least some parts of the emergency
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provision and the expenditures. others may uphold it. it will make its way to the supreme court. the real question is what happens in the meantime? if the courts grant a stay they say there is no emergency. if there is an emergency you don't grant a stay. if they grant the stay it is their way of saying there is no emergency. eventually it will get to the supreme court. two new justices on the security supreme court. we don't know how justice roberts will vote on an issue like this. it is unpredictable whether the president will ultimately prevail or not. i think the key question is whether the lower courts will grant the stay and if they do whether the supreme court would up hold or vacate the stay. that tells you what they think about whether it's an emergency. if the case takes six months for a year it is a message that says there is no emergency here. this is something that should be done in the ordinary course of events. >> bill: back to my point, though. what stephen miller said we'll
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see a couple hundred miles by the middle of 2020, two years from now. you can access some of that money. quickly on the mccabe thing from last night in 60 "60 minutes" with rush limbaugh. >> we're losing sight of what happened here. people unelected because they don't like a guy's hairstyle decided the american people's decision was invalid and began a process to get him thrown out of office. this is a silent coup. if you ask me these guys ought to be the one in jail. the gravest political hoaxes perpetrated on the people of this country. >> bill:let me get to the question here. i didn't find a lot of facts, sir. i found a lot of comments and appearances with the russian diplomats in the oval office.
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i see where mccabe was coming from. did you find them last night in the piece as it was laid out? >> no, i don't see facts. i don't agree with rush limbaugh it's about a person's hairstyle. this is a serious issue. mccabe and rod rosenstein really believed that the president had obstructed justice. i think they were wrong but they honestly believed it and they were looking for a way short of impeachment to remove him from office. i think that their ought to be hearings. i think that people ought to be put under oath and cross-examined and asked how serious was the discussion about the 25th amendment. i think any law enforcement official who thinks that the 25th amendment operates in a case like this is disqualified from serving in government. i don't want to put them in jail. too many people are saying too many people should go to jail. we ought to get to the truth as
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to how serious rosenstein was. did he think about, and plan wearing a wire and actually speak to or consider speaking to cabinet members, getting their approval for the invoking of the 25th amendment? that would be a serious movement toward an unconstitutional coup d'etat'. >> bill: thank you for your time. it is good to have you back on. we're out of time today. thank you. >> heather: china raising alarms here in the u.s. as it steps up efforts to steal america's military and corporate secrets. how are u.s. officials protecting against future attacks? we'll talk about it. >> bill: new york city's mayor telling ocasio-cortez to get her facts straight and where he says she got it all wrong on the amazon deal. >> it would bring $27 billion in revenue to the state and
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>> bill: department spokeswoman heather nauert withdrawing her name from consideration to the become the next u.s. ambassador at the u.n. it was in the best interests of hefr family to do so. bloomberg reports she dropped out about a nanny not having a proper work visa. >> heather: british lawmakers calling facebook a digital gangster acussing the tech giant of intentionally violating u.k. data privacy laws in a scathing new report. greg palkot is live for us in london with more. >> absolutely right.
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very tough words from u.k. politicians about the social media giant. the climax of an 18-month long probe into fake news and disinformation on digital sites in general but especially facebook by a committee of parliament here saying facebook's corporate structure was designed to conceal knowledge and responsibility for specific decisions and particularly slammed the ceo mark zuckerberg as failing to show leadership and personal responsibility while he did show up before congress, you might recall last april, he passed on an invitation to come to london and speak before parliament. the probe was spurred last year by word that a firm called cambridge analytica was misusing facebook data for the trump campaign but also questions about manipulation digitally of the brexit vote as well as election campaign, russian involvement. now the study doesn't trigger
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immediately laws. it is aimed to influence policy. you might recall some of our reporting a few weeks ago u.k. and e.u. have tough digital privacy laws. similar laws now being considered in the u.s. as well as looking at how the digital cyber world is being politicized maybe for the wrong reasons. as for facebook, they have had a reaction to the report from the parliament. they say and i quote, we share the committee's concern about fake news and election integrity and they say they are open to meaningful regulations. heather, it looks like 2019 could be a very tough year for the digital giants. back to you. >> heather: another one. >> bill: situation at the southern border heating up. mexico about to close a shelter housing 1600 migrants. former acting ice director tom homan is live on what we'll get from that next. check this out.
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>> everybody. are you kidding me? >> heather: can you imagine? wow, something else if you saw it. chaos at the daytona 500. the massive pile-up next. >> push down the back straightaway. gets to his right rear. oh, yeah -- smoothies. also available tums sugar-free.
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my dbut now, i take used tometamucil every day.sh it traps and removes the waste that weighs me down, so i feel lighter. try metamucil, and begin to feel what lighter feels like. >> bill: 9:31 on this president's day. the white house back on the offensive over the situation on our southern border this as concerns escalate in parts of texas over a possible influx of central american migrants. we're live in eagle pass, texas. >> we could see an influx of migrants this upcoming week as mexican authorities announced they plan to close a shelter just on the other side of the border here currently housing those 1600 people here from several central american countries. no wall will be built any time
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soon. even with president trump by passing congress money in the military construction budget can't be moved without the defense secretary's approval. in the meantime opinions on the wall are split here in eagle pass. some people are uneasy with increased law enforcement saying it feels unnecessary. >> i think using the word crisis is not the word to use. we live here. we know there is no crisis. >> but other eagle pass residents are getting tired of the migrants trying to bypass the system and putting a strain on first responders. border patrol says since the caravan arrived they've had a spike in river rescues. 17 people rescued in just one day last week. >> migrants but did everything legal so the questions are on
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the border what trump is doing, i believe it's the right thing. >> also a very emotional issue for people. yesterday we saw an angel mom who came down to the border. she was handing out food and water to border patrol agents thanking them for what they are doing. her son was murdered in san antonio eight months ago by an undocumented immigrant and his body set on fire. here is what she had to say. >> i wake up and i count my blessing. i count my children but i can no longer count jerad. so again it's just a very traumatic and heartbreaking to know that i no longer have a son and it could have been prevented. >> the national emergency is still, of course, facing challenges from the courts. >> bill: thank you, jackie with the latest from eagle pass, texas today. >> heather: let's bring in former acting ice director thomas homan. thank you for joining us.
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we appreciate it. you just heard some of the residents there specifically at that location and they say two different things. some residents say there is no crisis. others say there is. what do you know to be the case? >> well look, here is the crisis. for those residents who don't think there is a crisis you have to understand what they're thinking. they aren't dealing with the aftermath. ms-13 gang members are going to new york, chicago, baltimore. and the criminal gangs aren't staying in eagle pass, either. eagle pass is a throughway. they go through eagle pass but not living with the aftermath of what a lot of america is dealing with. they may not think it is a crisis. it is a crisis. if you look at the numbers, if you at what's happening it is a crisis. it was a crisis agreed to by democratic governors to assist on the border. securing the border equals national security. it's that simple.
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>> heather: you mention the democrats. many of those already coming forward saying we're going to try to reverse this decision by the president. he could not do this and declare this national emergency. but you believe that the crimes committed allow him to do this. >> i think a lot of things allow him to do it. what people don't understand. they think border security is national security. the democratic leadership fails to recognize this one thing. the cartels control the northern border of mexico. nothing crosses that border without being handled by the cartels. while they're busy moving family units in one sector they're moving drugs through another sector. intelligence reports clearly show that. it is a national crisis. drugs are coming across the border, bad people are coming across the border. they use the family units to tie up border patrol assets. numerous intelligence report show that. >> heather: not only the intelligence reports. we've spoken on this on multiple occasions and spoke with ranchers on the border in
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texas in new mexico and arizona. and they've said one of the issues is these people who are crossing the border illegally, it's the type of people that has changed in terms of if you compare years past and they are much more dangerous, the folks crossing the border now. >> i'm glad you brought that up. the rest of ms-13 gang members is up 180%. the seizure fire department -- fentanyl. i want to address this quickly. everybody says less people are coming than came back early when there was a million people a year. they have to understand who is coming. back then i was a border patrol agent. if there is a million people most were arrested and removed the same day. now we have cartel members that are planning what's happening because they are using the loopholes to move people into
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the country to claim asylum and they don't leave. 92% of them lose their case but only 2% leave. a whole different dynamic and why the total numbers coming across isn't as important as who is coming across. and people need to understand that. >> heather: i want to ask you about some of these democratic candidates for 2020 who are already calling for not only no wall but beto o'rourke says he is for tearing down the wall. the portion of it that already exists and then you have multiple potential candidates talking about defunding ice or doing away with ice all together. what would you say to them? >> first of all they are putting their political ambitions ahead of public safety and national security. if they run for president of the united states their number one responsibility is to protect the sovereignty of this country and protect this country from harm. they're ignoring the data. it's clear. every place a barrier has been built has resulted in decreased illegal immigration, decreased drug flow.
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it is proven. so they are ignoring the data. if they want to run for president they need to understand their first order of business is to protect this country. another thing they talk about most drugs coming through the port of entry. no, that's not true. most drugs are seized at the port of entry. every vehicle stopped and every person is talked to. they'll find more drugs there. if the state police sent a dui checkpoint on i-95 the next day they'll say we arrested dui's on 95. what about the ones you didn't have the patrol on? this is political hatred for this president and not about national security and public safety. >> heather: tom homan. we appreciate it. your firsthand experience is invaluable. thank you. >> bill: thank you, sir. drivers, we have a pile-up at the daytona 500 toward tend of this race. -- the end of this rai.s >> heather: oh no, are you kidding me?
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>> bill: 21 cars with just a few laps to go. one of five crashes in the final 20 laps. hamlin wins. holding off lagonno and kyle busch. >> heather: i've been around the track in a car. it was amazing. >> bill: the race is extraordinary. >> heather: i wasn't going anywhere near that fast. the u.s. is putting pressure on the socialist regime in venezuela. we'll talk about that. >> the struggle in venezuela is between dictatorship and democracy. nicolas maduro is a dictator with no legitimate claim to power and maduro must go. >> heather: president trump is set to speak about the crisis in florida this afternoon. we'll have a live report in the next hour.
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>> bill: republicans say they will investigate these claims of andrew mccabe and they want him to testify very soon. new york republican peter king is on deck on that next. >> this was an attempted bureaucratic coup? i don't know who is telling the truth. no matter where you are in life or what your dreams entail, a cfp professional is trained, knowledgeable, and committed to financial planning in your best interest. find your certified financial planner™ professional at letsmakeaplan.org.
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>> will you subpoena mccabe and rosenstein to appear? >> how can i not if that's what it takes? he is selling a book. we need to take with a grain of salt maybe. we'll find out what happened here. the only way i know to find out is to call the people in under oath and find out through questioning who is telling the truth because the underlying accusation is beyond stunning. >> bill: there is senator lindsey graham from cbs sunday morning vowing to open his own investigation after the andrew mccabe interview on "60 minutes". peter king is on the house
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homeland security committee. welcome to our program here. a bunch of questions. tell me what you thought about this last night. what did you learn and what is left still hanging on the tree? >> i think we learned you can't believe what andy mccabe says. also i think what was probably bothered me the most was that scott pelly didn't seem stunned by this. somehow they were carrying on a discussion as if this was an ordinary political event or ordinary governmental event. this is probably the first time in the history of the country that you had top law enforcement officers in effect seeing how they could remove the president of the united states. and the fact that when rosenstein, whether he said it or not, even if it was joking, wearing a wire in the oval office and meeting with the president you would have thought that would have shocked everyone in the room and they would have got up and left. can you imagine this happened to barack obama or hillary clinton were president or bernie sanders or anyone? that's what bothered me the
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most. it seems to be part of our culture now that you can discuss in a quote, unquote, rational way removing the president of the united states. a dully elected president of the united states by a small group of people. i thought it was outrageous. >> bill: there should have been more pushback or greater clarification or what were you looking for? >> both. do you realize what you're saying? do you expect the american people to accept this? and asking mccabe how could he have sat there through this type of conversation? talking about the wire but the idea they would be sitting in a room talking about the possible removal of the president of the united states. what was the basis for it? the fact that jim comey was fired? the president had the absolute legal right to fire jim comey. he was saying there was so much tension in the room. that shows how self-important these people are because their
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boss was fired, they think they should consider removing a president of the united states? and also the fact that he said he was going to start the investigation then. you don't start investigations until it is a crime. not because you think that maybe the president was thinking the wrong thing. the fact is that there was no legal basis for what he did and even forgetting the president. if this was anyone, it didn't justify starting an investigation but doing it against the president of the united states. >> bill: this is the part about asked about wearing the wire into the white house. watch. >> we talked about why the president had insisted on firing a director and whether or not he was thinking about the russia investigation and did that impact his decision? and in the context of that conversation, the deputy attorney general offered to wear a wire into the white house. he said i never get searched when i go into the white house.
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i could easily wear a recording device and they wouldn't know it was there. >> bill: rod rosenstein denies this, by the way. after we got the first clip at the end of last week the spokeswoman for andrew mccabe put out a statement and this is what it reads on screen. at no time with mr. mccabe participate in the discussions of the use of the 25th amendment. who actually did what when and how was it characterized and that leads us to lindsey graham's call for testimony on the hill to figure this out. help us understand or clarify who is telling the truth, who is lying, and how far did this go or did it not? >> well, first of all i totally agree with lindsey. he has to go ahead and have a hearing on this. what was their mindset? as soon as rosenstein said and mccabe said he thinks
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rosenstein was serious. if he thought he was serious wearing a wire into the office of the president of the united states mccabe should have considered locking up rosenstein or should have gone immediately and said he should be removed from office. the fact that you would actually talk seriously for five or 10 seconds to have at that time the number two person in the justice department, to have him seriously talk about wearing a wire to violate the privacy of the president of the united states and the most sensitive, important meetings is absolutely disgraceful. yeah, i think everyone who was in that room should be put under oath and questioned and asked what were they thinking, what right do they have and what arrogance do they have? where do they think they have the authority to investigate the president of the united states. it goes back to when this investigation started during the campaign. no basis then to start the investigation that was done. if anyone gets benefited by this it's president trump.
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when he says drain the swamp people think he is exaggerating, if you are people at the highest levels of the f.b.i. and justice department talking about removing the president of the united states, that justifies everything the president said about the swamp. >> bill: i have to run here but four months after the trump tower meeting when james comey talked about the dossier. that is still in the back of the mind of the president. the other thing i would suggest is mccabe said they were counting heads on the cabinet as to who would vote for it or against it. but when pushed on that he did not identify who was for it or who was against it or what the total was. mccabe's telling of the story clearly suggests this was part of their discussions, sir. last word on that and i have to run here. >> to me they should find out who they were and what was going on if there were two. as far as that trump tower meeting, i don't even know --
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i'm almost positive when the investigation was begun in september the f.b.i. had no knowledge of the trump tower meeting and no indication to this day that president trump knew anything about it at any time. >> bill: thank you so much. peter king in new york. thank you. >> heather: coming up tension is growing between washington and beijing amid renewed cyberattacks from china. how lawmakers and top u.s. officials are working to protect america's military and trade secrets. plus the 2020 white house race heating up early with democrats trying to make some inroads in those early primary states. we'll have a live report from the campaign trail as rush limbaugh weighs in on the early odds. >> it will be very crowded. they'll be knocking each other off. that will be fun to watch. incumbency carries a lot of power. they're convinced they already won the election like they were in 2016. getting way ahead of the game. i don't think it will be as easy as they think. ctor.
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>> heather: china renewing hacking attempts on american businesses and government agencies. it's an issue that has been addressed in the trade talks between both nations. william la jeunesse is following this story live for us from our los angeles bureau. >> for decades china stole intellectual property to become a super power. that piracy is a sticking point in negotiations. can you the u.s. stop it? some lawmakers are not prepared to find out. >> u.s. jets, submarines and missiles. administration claims china stole secrets from all three. >> china has been taking advantage of the united states for many years. >> bill: president trump hopes a new deal with stop china from
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stealing not just military secrets but cutting edge american technology. >> it is a security and economic threat. >> bill: make warner a democrat and republican marco rubio want to create a white house office of technology to review any business or government deal with china. why? u.s. prosecutors say china helped steal phone software, wind power designs and computer chips. battery technology from ge and gm. even corn seeds and cookie dough from dupont. >> they need to play by the same set of rules that the rest of the world does. >> reaction we get from china, we understand the importance of the u.s. engagement but we also have our own path of reform we're underway. >> u.s. chamber opposes tariffs but supports the president's effort to eliminate china's subsidies to state-own companies. >> you won't embarrass china. it's too important a country,
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to big a country to be embarrassed. >> so as for current talks, china is reportedly willing to buy more u.s. goods and comply with world trade organization rules but not a trigger, heather, that increases tariffs if they don't the warner, rubio bill is hoping to safeguard american technology no matter what china says they'll do. >> bill: the allegations made by andrew mccabe, will there be an investigation? andy mccarthy is our headliner and a stunning turn of events in chicago. the latest twist in the case of jussie smollett. ld. that's why we show you exactly when we'll be there. saving you time, so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪ but prevagen helps your brain with an ingredient originally discovered...
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and get done faster. next month, their place! a drop of dawn and grease is gone. >> bill: 10:00 here in new york city. fox news alert. shocking allegations by the former acting director of the f.b.i. sparking calls for a congressional investigation. another one. new hour starts right now. i'm bill hemmer live in new york. welcome back. >> heather: i'm heather childress in for sandra smith. president trump suggesting that some key officials involved in the russia investigation were engaged in treasonous behavior based on mccabe's interview with "60 minutes". lindsey graham vowing to expose the truth. >> there is an allegation by the acting f.b.i. director at the time that the deputy attorney general was basically trying to do an administrative coup to take the president down
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through the 25th amendment process. the deputy attorney general denies it. so i promise your viewers the following. that we will have a hearing about who is telling the truth, what actually happened. >> heather: chief intelligence correspondent catherine herridge is live in washington with more. >> thank you, heather. good morning. when you take a deep dive there are inconsistencies between mccabe's interview and the top lawyer over how far discussions went over the 25th amendment. on "60 minutes" mccabe said the deputy attorney general raised the issue and support in a preliminary way. >> rosenstein was actually openly talking about whether there was a majority of the cabinet who would vote to remove the president? >> that's correct. counting votes or possible votes. >> did he assign specific votes to specific people? >> no, not that i recall. >> this video is from october
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and shows james baker, who testified behind closed doors about his conversations with mccabe and another f.b.i. lawyer about what rosenstein had said. baker told house investigators he believed rosenstein's 25th amendment efforts went further. fox news confirmed sections of the baker transcript. i had the impression the dep see attorney general had already discussed this with two members in the president's cabinet and that thefrp on board with this concept already. baker also testified he believed the fire and 25th amendment discussions amounted two separate initiatives. the wire designed to gather evidence for a potential obstruction of justice case against the president for firing james comey. >> bill: democrats support hearings of their own for the same reason? >> fox news reported thursday the powerful chairman lindsey graham was willing to subpoena rosenstein and other witnesses over the 25th amendment
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discussion and allegations that rosenstein said he would wear a wire. the senior democrat is also on board. >> alarming there were folks at the highest levels of our government considering whether or not our president is unfit to serve. i don't think that this frankly rises to the level of some deep state conspiracy or serious attempt at what senator graham called an administrative coup. >> house republicans who tracked the testimony from doj and f.b.i. officials for over a year emphasize the former acting director said he had grave concerns about president trump yet also wanted to be the new head of the bureau after his old boss james comey was fired by the president. >> mccabe was one of four people to walk into the oval office and interview with donald trump to become the f.b.i. director. how do you go i think you're an agent of the russian government to eight days later i think
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you're committing treason but would like a job working for you every day. >> he had his case referred to the u.s. attorney here in washington for possible criminal prosecution, it is not publicly known the status of that case, bill and heather. >> heather: lots more to come on this. >> bill: bring in the a-team. nice to see you all. you watched last night, you saw two pretty big segments. about 35 minutes in length. what did you think about last night? did you learn something or was there a little bit of chicken left on that bone? >> i think that andrew mccabe has perfectly demonstrated that he is the star graduate of the james comey school of public service. self-serving, self-seeking, the very fact -- it occurred to me we are watching a restoration at the department of justice. we are bringing back the former
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a.g. barr back in charge there. mueller is at work. rosenstein is at work. the old school is back. comey's tenure and mccabe's tenure at the department of justice have been borne out to be pretty dire. i was seized by that thought watching him talk. >> heather: what should happen next? we hear lindsey graham saying we have to investigate this and they were breaking the law. even in thinking they would possibly go in and talk to the president with a wire on. >> exactly. we now know there are hearings and calls for hearings to get to the root of that. what will happen when everyone testifies under oath they're sticking to their two sides of the story? what struck me about the interview comey graduation but the woe is me victim mentality. mccabe refused to acknowledge the i.g. results whether charges will be brought criminally. clearly to achieve the results the president is calling for and then later on he said this
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is a chilling effect, my termination before my retirement on the members of the f.b.i. trying to do the right thing. then as you said earlier the fact his spokeswoman came out and denied things that he said. >> bill: what did you think of last night? >> i'll break it down personally and politically. as a demi love to see lindsey graham have a debate on the 25th amendment. it is fought great for the country but you want that debate, go for it. all democrats would applaud it. it is not necessarily the right thing to do. i can't stand when these f.b.i. agents are speaking about their time in working for the country. i didn't like it when comey was speaking and i don't like it when mccabe is speaking and i think we're watching him being pitted against rosenstein and then therefore wray and barr need to get in. i don't like it. >> bill: play sound bite one
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and i have a specific question for you. watch here. >> discussion of the 25th amendment was simply rod raised the issue and discussed it with me in the context of thinking about how many other cabinet officials might support such an effort. >> what seemed to be coursing through the mind of the deputy attorney general was getting rid of the president of the united states. one way or another. >> i can't confirm that. but what i can say is the deputy attorney general was definitely very concerned about the president, about his capacity, and about his intent at that point in time. >> bill: very earnest, right? what did you say, self-seeking, is that the word you used. emily, brought up a couple of times already put this on screen. mccabe does the interview, writes the book and spokeswoman says this. to clarify at no time did mr.
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mccabe -- nor is he aware of any such discussions. where does this leave this story if you put out a statement essentially denying it? >> he has no credibility. it won't work for him. if it becomes a test of he said/he said between mccabe, who the inspector general's report found by the way we should point out in mccabe's version of everything, everybody else is lying and wrong and he and james comey are the only two good guys left at the top. i have a hard time with that concept. if you pit rod rosenstein against mccabe, rosenstein will win that one. rosenstein has the credibility. people still believe him and he is a credibility person. rod rosenstein is very happy today. we have a new attorney general and he finally gets to quit. he gets to go home and quit -- >> bill: on the bill barr thing. he arief, at a justice
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department in a department needs an infusion of credibility. it has a shredded reputation and lost the confidence of congress and the public. >> yeah. listen, this is a tough question for me because certainly i like barr more than sessions and i like barr more than whitaker. as a democrat i'm not sure he would have been my choice but certainly i would agree with chris. it is time to literally have the department of justice and the f.b.i. not be this sieve of leaks continually. as an american this is not what we're looking for the f.b.i. and department of justice to be. >> bill: talking about the credibility. it is in tatters. >> it is. bill barr has his work cut out for him and we're championing him to clean house. what struck me about that piece as well the line about the cronyism. with all of us mired in the microdetails we fail that take the step back. how was hillary clinton's counsel able to get the general counsel on the phone?
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why is that courtesy not extended to all americans? how is that level of political clout, why is it afforded at the top and not everyone else? i found that striking and something looking forward to me for that level of the house is cleaned. >> heather: i want to get back to you, chris, in reference to the discrepancies in the stories including the statement from mccabe's spokesperson. we also had back in the fall james baker testifying that mccabe had told him at the time conversations between mccabe and lisa page that there were these two people who were willing to support the 25th amendment. >> i think what you get down to is what was the -- mccabe talked about it. intend. people are sitting around having an abstract discussion. it was a weird week. do you remember how weird that week was and the handwritten letter from the president and comey is already in l.a. and they try to fire him. he is already gone and has to
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fly back. it was o.j., it was a lot. it was a lot. and i have no idea what conversations took place at the f.b.i. or what hypothetical conversations took place anyplace else but i knew this. rod rosenstein has come out of this all looking pretty good and coming out pretty clean. rosenstein looks like he kept trump's confidence. trump didn't fire him. he navigated the rocky shoals for months on end when everybody was against him and figured out a way to get through it. >> i think chris wray looks like the adult in the room. >> hopefully barr will do it effectively. did these political affiliations and these now -- is this a coup attempt? did it affect and impede the investigation? all we heard was that it didn't. now it seems to me it might have. >> bill: come back in 30 minutes.
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>> heather: democratic candidates for the white house hitting the campaign trail making some pitches in some early battleground states with more than 600 days to go before the presidential election. peter doocy is following all this for us live from new hampshire where senator cory booker is today. peter, how is senator booker trying to set himself apart from the other democrats. that's what they need to do right now. >> he has a big crowd to here him to get into a house party to see the senator who just walked in. at all his events here in the first in the nation state the last couple of days he has been trying to keep his campaign focused on love. >> people tell me if you are going to be tough you have to bring it. i believe in bringing it but not bringing more of what trump is bringing. in many ways that's what he wants. [applause] >> president trump has zeroed in on senator booker in the last couple of months, his record as mayor, the president
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says that he thinks booker ran newark into the ground as the mayor. >> heather: talking about paying for all this. have any of the candidates talked about how to pay for their progressive proposals? >> yes. at a town hall this weekend senator kamala harris was asked by a constituent down there how exactly she would pay for the green new deal and medicare for all when the united states has a $22 trillion dollar debt hanging over everything. and senator harris said essentially she would do that by rolling back one of president trump's signature accomplishments. >> we have a tax bill that got passed that gave a trillion dollars to the top 1% and the biggest corporations of america. and they need to give that money back. >> also on the trail this weekend elizabeth warren who went to the desert to look for early support rallied in las
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vegas where waves of foreclosures following the financial crisis affected residents as much as anywhere else in america. her focus continues to be on income inequality. that's not necessarily the focus of everybody that turned out to her events in georgia at a different stop she was dogged by questions about her confusing stories of her ancestry and somebody in the crowd started shouting out why did you lie? heather. >> heather: thank you very much, peter. >> bill: dramatic new turn over the hate crime on jussie smollett. investigators say the story is now changing. >> heather: also democratic in-fighting after amazon pulls out of a deal to set up shop in new york city. why the mayor is saying alexandria ocasio-cortez and others got the math wrong. >> bill: the president talking about this in florida. venezuela, maduro clinging to power, the white house plan to end this crisis next.
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>> in terms of the solution there is a solution. very simple. called free and fair elections. one of the benefits we as a country
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[ ding ] show me just add magic. hey toothless. [ ding ] [ gurgling ] [ ding ] show me cartoons on netflix. [ ding ] [ cooing ] [ door closes ] [ cooing ] ♪ [ ding ] show me fish on youtube. say it and see it with the x1voice remote. from netflix, prime video,youtube and even movie tickets. just say get "dragon tickets". >> what is happening in venezuela is a manmade crisis of epic proportions caused by a
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man maid disaster. a criminal regime willing to starve and kill its own people before it is willing to give up power. we will not abandon the people of venezuela. so long as you are on the side of freedom and liberty, the world and america will stand with you. >> heather: florida senator marco rubio reassuring venezuelans that humanitarian aid will get to them as the u.s. continues to ramp up pressure on the defeated president nicolas maduro. washington announcing several sanctions on top oil company executive. meanwhile president trump is flying to miami this afternoon to speak with venezuelan immigrants there reiterating his support for guaido and renewing calls for maduro's resignation. >> bill: now we get to charles. ♪ markets are closed by this man is still working. >> heather: i like that music. >> bill: the new york city
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liberal mayor bill deblasio is criticizing the new york liberal congresswoman alexandria ocasio-cortez saying she doesn't quite understand economics. a lot goes back to amazon and the fact the company came out last week and say we're turning tail on new york city. the mayor went on nbc and said this on sunday. >> it seems a lot of people think when you give a tax incentive that somehow that's money you had over here and it was going over there. this is money that didn't exist, this $3 billion. >> it will go back in tax incentives only after we were getting the jobs. >> there is no money sitting anywhere, right? >> correct. >> he did go on, mayor deblasio to put the lions share on amazon. not only was this a huge mistake but fractions within the party have become very visible and the sort of idea they're eating their own. they moved so far to the left
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that this identity politics, social justice being the core root of everything. by the way, it has been the core root of everything when president obama was in office of economic policy, the core also revolved around some form of social justice. it has come back to bite new york city really badly for billions of dollars and also revealed there are some really bad, serious issues within that political party. >> heather: his argument, deblasio, was aoc didn't understand they wouldn't receive the tax credits until the jobs were in place. is that true? >> well yeah. it's tax breaks. incentives and breaks. it wasn't that there were going to cut a check and say amazon, thanks, welcome. meet them at kennedy airport and hand them a check for $3 billion. what aoc is saying, it doesn't matter. if you can find any way to generate money for the richest man in the world you should be able to find ways to generate money for other things.
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let's face it. they're worried about things like gentryfication and the people who live there now could afford it. those are the minute things driving it. they are the kind of things driving this party and sort of wrecked this deal. you wonder how many more deals it will wreck? >> bill: do you think it's over? i think they're negotiating. >> amazon is in a delicate position. almost everyone dislikes amazon other than the service they provide. >> bill: a lot of consumers love them. >> they're grouped in with big tech behaving badly over the last couple years and opened them up to more regulations, taxes from both sides of the aisle. >> bill: i don't think it's over. i thought the human capital -- >> you make a great point. not a lot of places what new york city has. if you need 25,000 people with a skill set.
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you want to be near universities, transportation systems and you don't want to upend the local real estate picture. very few places like that he can go. another part of this beef was that the local politicians, smaller politicians, the queens borrow president and ocasio-cortez weren't brought into the negotiation process. we've seen this kind of thing before time and time again. egos hurt. you are on my turf. don't everylook the power we have. >> bill: mick mulvaney said deregulation is a high priority. >> over the first 22 months of this administration you've seen 176 deregulatory actions. so we've seen a 65% fewer regulations under this administration than we saw under president obama. >> bill: helped the economy, would you agree? >> that's because a lot of the regulatory regime prior to this was not based on the economics,
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not based on things like climate change. they might have thrown the names in them. it was all about punishing success and big business. under the guise of clean water and harming big business and they did a good job. >> heather: the president said he would cut two for every new one. >> the numbers were remarkable. significant regulations that cost $100 million or more, 465 under bush, 647 under president obama and only 229 under donald trump. they've kept their promise. there is a lot more room to go. >> bill: markets are closed. do you get withdrawal on days like this? >> i do. i was watching the chinese market all night. up big on anticipation of more progress this week when the chinese delegation comes to d.c. >> not this year.
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>> chinese market. >> it's a disaster. 11% this year. see you later. >> bill: charles payne. >> heather: white house and its allies defending the president's move to handle the situation at the border but some republicans see a tough fight ahead. >> it's going to go to court and we'll find out. there will be resolutions in both the house and senate to disapprove what the president is doing. i think they will pass. >> heather: our headliner weighs in on the battle over the border wall. former assistant u.s. attorney andy mccarthy up next. >> bill: we'll hear from the white house, mercedes schlapp is here and tell us why the white house is confident it will ultimately build the wall as promised. ery minute counts. and you don't have time for a cracked windshield. that's why we show you exactly when we'll be there. saving you time, so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪
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the deputy attorney general about trying to find if we could replace the president under the 25th amendment. we're a democracy. people who enforce the law can't take it into their own hands? was this an attempted bureaucratic coup >> bill: mccabe claiming high level talks of ways to remove the president from office. andy mccarthy former assistant u.s. attorney. andy, welcome back to "america's newsroom" today. did you learn anything last night that we need to understand now, andy? >> well, a couple of things. i think number one it confirms that i've been arguing for a very long time, which is that the investigation was always about president trump and it was going on for many months before may of 2017. i think all that happened in
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that nine-day period between the time that comey was fired by the president and rosenstein, the deputy attorney general, appointed mueller, all that happened at that period of time is that the bureau went overt in its case filing system to say that they were opening a case officially on president trump. but they had been investigating him for a very long time before then under the auspices of counter intelligence hoping to be able to make a case on him. >> heather: does that mean that comey lied when he said that the president was not the focus of the investigation when he told the president he was not? >> i think it was very misleading to tell him that he was not the focus of the investigation but i think it was something they felt like they had to do if they were going to persist in the investigation. if they had gone to the president when he was president elect in january 6th and when they gave him a very crimped
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briefing on the steele dossier, if they had gone beyond and said by the way, mr. president, we're also conducting an investigation of you and your campaign to see if you were conspiring in russia's cyber espionage operation, they had to fear that the president would think that was absurd and would shut the investigation down. so i think the way they persisted in the investigation was to try to make trump feel comfortable with it, which was to say you are not a suspect of the investigation. we're looking at people in the campaign. and that way the way the investigation was structured by looking at the campaign they would necessarily get any evidence that was against president trump. so they would get the evidence anyway but they were able to look him in the eye and tell him he wasn't a suspect. >> bill: we had dershowitz on last hour. listen to this from the professor.
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>> mccabe and rod rosenstein really believed that the president had obstructed justice. i think they were wrong but they believed it and looking for a way short of impeachment to remove him from office. i think any law enforcement official who thinks that the 25th amendment operates in a case like this is disqualified from serving in government. >> bill: my hunch is you don't disagree with that but the evidence mccabe was laying out. the dossier did not come up a lot in the segment last night. but he talked about firing comey, the russian diplomats meeting in the oval office. putin telling trump that north korea's missiles cannot reach the continental united states. if you stack that up, that was the circumstantial evidence that mccabe was going on to think that the president was a russian agent. and wanted to shut down the investigation of the election. >> two things about that. number one, of course they didn't meanings the steele
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dossier, they are embarrassed by it. they haven't been able to corroborate it. it actually was the information they had that overtly affirmatively said there was a conspiracy between trump and russia. notice another one of the things that mccabe went back to was the february of 2017 discussion between trump and comey about the mike flynn investigation. where mccabe suggested that he had obstructed that, the president had obstructed their investigation by essentially telling comey to lay off flynn. again, i think that underscores what i've been saying all along, which was it wasn't may 17th when they were first starting to make a case against the president. this had been going on for a very long time. >> heather: let's bring this up. this is what jason chaffetz had to say on fox news.com and get your response. f.b.i.'s andrew mccabe should
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be on trial, not a book tour. for a time mccabe was the acting director of the f.b.i. and he knew the rules and the law and had a duty and responsibility to tell the truth and yet his colleagues found he lied. in fact, he accomplished something federal employees rarely accomplish, fired for his offenses. why should we be listening to anything he has to say? >> well look, i think the justice department is looking at mccabe's conduct in connection with the investigation that the inspector general did of the leak that mccabe orchestrated to the "wall street journal" and then allegedly lied about when he was interviewed by f.b.i. agents. what i think, heather, is that the inspector general and the justice department are also looking at other aspects of the f.b.i.'s investigation of the clinton emails case and the trump/russia case and they will probably deal with mccabe in due course.
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i think they want to get through everything the inspector general is looking at first and then they'll probably make a decision on whether to prosecute mccabe or not. >> bill: i want to get on the topic of the national emergency. the california democratic a.g. was on the sunday shows and here is how he characterized it in terms of fighting this national emergency. >> he himself said it. he did not need to announce or declare a crisis. he did not have to call this an emergency. he has also said he knows he is going to lose in court and he is hoping that he can count on a conservative court in the supreme court to give him a victory because he knows he will lose all the way up the ladder. >> bill: what they are hanging on the words from the rose garden on friday when the president talked about i can do the wall over a longer period of time. i don't need to do it but want to do it faster and the court cases that would be decided by the supreme court where he believes he will win.
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your reflection on that. >> well number one, it was a bad thing for the president to say if you are going to go out and declare an emergency you can't be making statements that undercut that premise. but i think what the president was commenting about and what the legislator is commenting about is the sense that it is a politicized process even in the courts. that is the court -- the people who are going against the declaration are going to go into courts that seem like they're inclined or predisposed to rule against the president and ultimately the president hopes that the case will get to the supreme court where he will get what he hopes is a fair shake. >> bill: andy, thank you. nice to see you again. 22 minutes before the hour. >> heather: lots to go over. fox news alert right now. kim jong-un will reportedly arrive in vietnam two days ahead of his second summit with president trump.
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the two leaders scheduled to meet february 27th and 28th. this visit will be the first by a north korea leader in more than 50 years to vietnam. we're live from the london bureau. >> it looks as if kim jong-un is set to arrive in hanoi february 25th. according to reports he will meet with the vietnamese president ahead of the summit with president trump. normally kim jong-un is fairly secretive about his movements and the details are still to be confirmed. he was last seen on state tv over the weekend to mark the birthday of his late father. north korea is still pushing for sanctions to be lifted but the u.s. wants firmer commitments from pong young first and so it's keeping on the pressure on the north ahead of the summit. we saw troops from the u.s., south korea and thailand taking part in a regional military exercise on saturday at a naval
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base in thailand. it is not directly related to the summit but it shows u.s. and south korean troops are still cooperating militarily despite objections from pyongyang. the upcoming summit in hanoi follows a meeting between president trump and kim jong-un in singapore last june. already the north korean envoy is arriving in vietnam. the two sides agreed to principle to work toward halting the north korean nuclear weapons program. what is hoped for out of this second summit is there will be some kind of progress and a little bit more of a commitment from north korea. >> heather: thank you. >> new twist from the case of an alleged hate crime that
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involves jussie smollett. police are saying the direction of this case is shifting. if you're a veteran homeowner who needs cash, call newday usa. home values are rising, and with newday's va cash out home loan, you can borrow up to 100 percent of your home's increased value. you could get 54,000 dollars or more and lower your payments by over 600 dollars a month. with automatic authority from the va, newday can say yes when banks say no. take advantage of your home's increased value. call newday usa now.
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>> heather: new questions emerging in the case of an alleged hate crime attack against jussie smollett. it is remarkable when you talk about how all of this began and where we are now and the amount of people that immediately jumped out and had something to say about it. >> bill: you're an attorney. how do you look at it? >> i want to point out in some states it's classified filing a false police report should that end up to be the case. it is considered a crime against public justice. if that's how seriously we take these false allegations and especially in the realm of an alleged hate crime and the flip side and what is unfortunate to
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me how quickly the narrative was push. the response well, it didn't happen. well, it's happening elsewhere and a lack of accountability. >> bill: do you think they go to a grand jury. smollett says he stands by his story through his attorneys. >> he is. i think we'll see. depends on the level of evidence that is being gathered right now as we just saw the shift-the focus has lifted and depending on the amount of evidence and what is uncovered it might be referred to a grand jury. >> i hope it's accurate he was telling the truth that he was attacked. not that i want anyone attacked but he was attacked and it was based on racial and -- if it's not accurate i don't believe there isn't race issues in america and not hate crime issue in america. it is about an individual whether he is telling the truth or not. it should not change the dialogue we're having. >> bill: if it's not true it
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should not stand. >> the stirewalt rule is iron clad and absolute. opinions are luxury items. don't have more than you can afford. and whether it's the covington catholic case, the story of justin fairfax, whether it's this. we have these controversies and now because we carry computers in our pockets that allow us to be stupid faster and everybody has to vomit forth their opinion on every matter and then after the fact emily's point we have to reverse engineer and say maybe i'm right. maybe there is a larger discussion here. just wait, just wait. chill out. it's okay. you don't have to have an opinion on this stuff. >> bill: celebrities and politicians who have done this. >> heather: if it comes out this was an entire hoax what should they do? >> that's one of the problems of opinions. anybody who took up the cause and says it is a huge thing.
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if it is a reversal they'll have to say with that much enthusiasm. people make mistakes all the time. everybody has. do you own it and do you own up to it? hopefully then we can be less dumb next time. >> depending on how sincere was the apology. do you accept responsibility for the ripple effect of your response. did you do enough to mitigate that? there is a public trial for every ounce and every step of the way. it doesn't end. >> bill: part of the reason the story is changing fox 32 reported two men from nigeria are bodybuilders. they got off the plane and taken in for questioning and late on friday they were released and then fox 32 over the weekend reported that they produced a receipt from an ace hardware where they bought the rope to develop. >> heather: and the hat. >> bill: and the statement that
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came out from fox part of our company here, they've been defending smollett at every turn. his job wasn't in danger on the show. they stand by his statements. over the weekend they held back and had no comment. >> listen, if this is not true this would be incredibly disappointing considering that we've been talking about race and whether it's justin fairfax or what's going on in virginia or, you know, we all believe there should be a due process in this country. this would be incredibly disappointing. i don't have an issue that influencers and thought leaders had a statement backing jussie smollett. >> bill: you wonder what the motivation is if thing falls apart why do it? >> it will become a political hot potato because it's disappointing. this is an issue we as a country need to move forward on.
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>> bill: have you gotten smarter or dumber? >> smarter, i'm leaching some of yours. >> heather: it will be interesting to see what happens. >> bill: the massive crash at daytona, check it out in florida. >> are you kidding me? >> bill: you go that far. >> heather: 10 laps to go. >> jerad max on the fiery aftermath on the race. it all went down last night. come on back. ♪
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restaurants come to you. delicious at your door. download doordash. first order, no delivery fee. >> bill: season opener, one for the ages. this was an historic pile-up. keep in mind where you are in the race at this point. only 10 laps from the finish. when two dozen cars got caught up. the daytona 500. jerad max from sirius xm radio. how are you doing? >> happy president's day. what a wild ending. today is the anniversary ofdale earnhardt senior as death and such changes to safety measures since then in racing. last night we saw the 21-car pile-up. only 21 of the 40 cars entered in the race who finished the race and yet there were no
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serious injuries. on a positive side great to see some of the changes that have come as a result. but those crashes, one after another. became a lesson of who was not going to crash would have an opportunity. >> heather: 10 laps to go you do what you have to do to try to get in the front. going for it. >> it was an important win for joe gibbs racing. joe gibbs racing, he lost his son, j.d., 49 years old with a degenerative neurological condition last when he passed. joe gibbs said on fox after the race the biggest win of his life for him. just a special moment and for denny hamlin it was all business. >> he wins twice in five years. how do you see the season this year? >> denny hamlin puts himself in a good spot from a confidence perspective. last year he hadn't won at all.
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kyle busch waiting for the first daytona. >> lagonna came in fourth. >> look at the images from inside the car. we saw one and another and another and came through. one of the fun things last night after the race joe gibbs racing what they did in 1993. they took the championship trophy and went down to a local steak and shake and they hang out with folks at steak and shake. breaking out the trophy. >> heather: i'm from north carolina, nascar country and i know all these folks, they're good guys. >> great guys. denny hamlin back to business. getting ready for the big media circus. >> bill: enjoy monday.
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>> heather: president trump defending his solution to get money for a border wall as the legal and political challenges start piling up. >> bill: white house communications director mercedes schlapp joins us next hour coming up here on "america's newsroom." vapocool. give our veterans is eligibility for a va loan for up to 100% of your home'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
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we know that when you're spending time with the grandkids every minute counts. and you don't have time for a cracked windshield. that's why we show you exactly when we'll be there. saving you time, so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪ >> bill: 11:00 now. fox news alert. new fallout from the president's national security declaration as he faces mounting legal challenge and protests across the country.
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it's president's day. i'm bill hemmer live in new york. >> heather: i am heather childress. i'm in for sandra smith. challenges on multiple fronts for the white house. house democrats gearing up for resolution opposing the declaration and border states gearing up for lawsuits as well. here is california attorney general. >> we're confident there are at least 8 billion ways we can prove harm whether it's emergency response services, whether it's fire or mudslides in california, maybe tornado and floods in other parts of the country or whether our military men and women and their families who live on military installations that might have money taken away from them or money taken away from drug interdiction efforts in places like california. a number of states and certainly americans will be harmed. >> bill: chief white house correspondent john roberts with the view from the north lawn today. brand-new week, john. good morning.
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>> bill: happy president's day to you from the white house this morning. move on.org has protests planned across the nation including one right across from the white house. the attorney general from california, the civil liberties union are lining up to file lawsuits against the president's emergency declaration when they return from their week off this week. it is a recess. members of congress on the democratic side planning to introduce legislation to block the emergency declaration as well. listen to adam schiff the chairman of the house intelligence committee said yesterday. >> this is the first time a president has tried to declare an emergency when congress explicitly rejected funding for the project the president is advocating. >> bill: the president said on friday that there have been dozens of emergency declarations but this one is an appropriation declarations which is designed to circumvent
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congress. white house officials say if congress does pass legislation to block the declaration, the president may veto it. here is the president's chief policy advisor with chris wallace on "fox news sunday". >> the president is going to protect his national emergency declaration. i want to make this point. there is no threat. he will protect his national emergency declaration. this is a threat in our country, not overseas, not in afghanistan, syria, iraq but here. if the president can't defend this country then he cannot fulfill his constitutional oath of office. >> keep in mind everybody is talking about this emergency declaration. the emergency declaration only unlocks the military construction money. the so-called section 2808 money. all the other money, which includes the treasury, forfeiture, dod, anti-drug funds, transferring some money within the dod. he doesn't need the emergency
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declaration for that. me may still get their hands on 4 1/2 million for wall construction. >> bill: which is nothing. >> it is almost what the president wanted. >> bill: mccabe interview last night "60 minutes". what is the white house saying about that? >> a lot of news. andrew mccabe saying while he did not participate in lengthy discussions about a 25th amendment removal of the president, he did speak to rod rosenstein, the deputy attorney general, about it. rosenstein mentioned it to mccabe and according to mccabe rosenstein was serious bit. listen to what he said on "60 minutes". >> the discussion of the 25th amendment was rod raised the issue and discussed it with me in the context of thinking about how many other cabinet officials might support such an effort. >> not surprisingly the president going off on mccabe
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and tweeting now. mccabe's story gets more deranged. he and rod rosenstein, hired by jeff sessions looked like they were planning an illegal act and got caught. explaining to do to the millions of people who just elected a president who they really like and done a great job in the military and so much more. this was the illegal and treasonous insurance policy in full action. lindsey graham vowing to investigate what he called an administrative coup and if necessary he will subpoena mccabe and rosenstein to testify. listen to graham and then koouns. >> an allegation by the acting director at the time the acting attorney general was basically trying to do an administrative coup, take the president down
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through the 25th amendment process. the deputy attorney general denies it. i promise your viewers the following. that we will have a hearing about who is telling the truth. >> it is alarming there were apparently folks at the highest levels of our government considering whether or not our president is unfit to serve. i don't think that this frankly rises to the level of some deep state conspiracy. >> no word yet on when graham my call for the hearing but expect pretty soon. >> bill: thank you. john. >> heather: with more on this marc thiessen joins us resident fellow at the american enterprise institute. let's begin with declaring this emergency over the border wall or funding for border security. >> basically at every point along the way president trump has made the wrong decision when it comes to the border wall. a year ago he was offered $25 billion for the border wall and exchange for daca.
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he blew it. last june a bipartisan vote appropriated 1.6 billion and he turned that down. insisted on 5.7 and shut down the government for 35 days and got 1.375. less money. now he is declaring a national emergency. he doesn't need to do that. he should take the 1.375, half of the money he will be using he could get without a national emergency. just reprogramming authority that nobody contests. he could have $4.5 billion for the wall now without a national emergency. >> heather: where does he get the additional money? >> half of the additional money is reprogramming authority the president has. drug enforcement agency and dod drug enforcement money. it comes to $4.5 billion if you combine it with the 1.38 from congress. he could have 4.5 billion, a billion less than he asked congress for right now without a national emergency and then start building the wall and in
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september he has leverage with congress because there is an automatic sequester coming in december. if he don't approve raising spending caps he can take $55 billion away from the democrats in domestic spending. they will give him the wall. >> bill: he is not just doing this on his own. he has advisors. why would his advisors be telling him to do this. >> i don't know if he is doing it on the advice of the adviseors. i think he has been advised by mcconnell and 14 republican senators who came out against this opposed to it. i don't know how they vote on a resolution of disapproval. if you're a conservative you should be worried about a national emergency. if trump could do it to build the border wall, then a liberal president could do the exact same thing and declare a climate emergency and fund the green new deal or there could be another school shooting and say there is an epidemic of
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violence in the schools and want gun control. we don't want the president to have unfettered power like this. >> heather: it will be challenged and the president expects it to make it to the supreme court where they believe they will find in his favor like they did with the travel ban. in reference to andrew mccabe. >> andrew mccabe is a proven liar. he lied to his own colleagues at the f.b.i. and referred to the office of professional responsibility that recommended his dismissal and referred criminal charges. there is a grand jury investigating whether to prosecute him. i take what he says with a grain of salt. he was fired from the f.b.i. because if he lied to his own colleagues why should we trust he tells the truth to "60 minutes"? >> heather: what part is not truthful? >> he said the president's cabinet was planning to invoke the 25th amendment. i think that's a little
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fanciful but again, if lindsey graham wants to have hearings why would you give him a platform to sell books with a national television audience? if you want to do that question him privately. don't give him a hearing. >> heather: he didn't think rosenstein was kidding. >> i don't know. i wasn't in the room. i don't know who is telling the truth but i know andrew mccabe is a liar. >> heather: what is next? what the president's next move should be after his rose garden declaration. mercedes schlapp joins us a little later in the hour. >> we believe smollett is lying and should be brought to justice for lying to authorities. >> bill: another bizarre turn in the alleged attack on jussie smollett. police let go two men being requested and no longer
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consider the actor to be a victim. mike tobin has more from chicago. it is developing by the day. >> it is developing by the day. the development that came over the weekend, police no longer consider jussie smollett to be a victim of a hate crime. they stopped short saying he is a suspect of launching a hoax complete with homophobic slurs. police developed new information. they want to bring in smollett for my questioning. after the questioning of two brothers from nigeria. smollett says one was the personal trainer and one worked on empire. the brothers were cooperative and developed evidence that said the two brothers should go free. >> innocence prevailed, right? my guys are walking home. they aren't charged. they are not suspects in this
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case. there is still a lot of moving parts to this. >> a report ran in the chicago sun times this morning saying smollett might submit to questioning today. no confirmation on what smollett's next move will be. when pressing police whether this case is headed to the grand jury, police went back to what has become a familiar refrain. they want to get smollett in for more questioning and then the question about the grand jury can be answered. >> bill: mike tobin in chicago. >> heather: president trump calling on our allies to take isis prisoners and there is a final push to destroy the caliphate. >> bill: we're getting a look at the dire situation in parts of the southern border and we'll talk with a border patrol
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agent coming up shortly here.
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>> heather: president trump preparing for a fierce battle as lawsuits stack up against his plan to move funds toward construction of a border wall. some border agents are supporting the plan. >> whether it's specifically ms-13 or criminal aliens in those groups, we see people like that. we also see ones with criminal
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records. have been in the country before and been removed. we know that's a concern when we are talking with any group. certainly when we talk about large groups it's an added concern. >> heather: another border patrol agent joins us now, chris cabrera is in san antonio and the spokesman for the national border patrol council. thank you for joining us. not sure if you heard our last guest marc theesen isn't in favor of the president declaring a national emergency. was this the correct and appropriate thing for the president to do? >> i don't know too much about the politics of it all and how the money gets distributed. what i do know is we have a very real situation along the southwestern border from brownsville to san diego. specifically in the rio grande valley. we have thousands coming in daily and thousands that are coming in undetected on top of that. anybody who thinks there is no
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crisis or need to do something down here has their head in the sand. >> heather: i think that's what people need to hear. take away the politics of it and talk about the very real crisis that is actually happening at the border and the lives being lost. >> you know, lives are lost down there. women and children are violated. bad things happen down there and people turn a blind eye to it. i think people are so caught up in the politics and the hate of it that they turn a blind eye to what is actually going on. i would invite any of these lawmakers that say there is no crisis down there to come down to the rio grande valley and i'll show you around myself and see firsthand what's going on. >> heather: some of your personal experiences, i know there are ranchers i spoke with there in the rio grande area who have repeatedly invited nancy pelosi amongst others to come and take a look at it and see for themselves what's going on. >> you know, we see hundreds a
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day walking up and turning themselves in. we have people still trying to avoid detection. they go hand in hand with the smugglers directing those turning themselves in to coincide with the ones trying to avoid detection as large as drug smuggling loads. you have at least 40% or more unmanned or under manned. there is a need to secure the border. >> heather: in reference to what the president has agreed to in terms of this 55 additional miles of fencing, new fencing, i now the cbt was requesting 200 miles. what about the 55 miles in the area of the rio grande. will it be enough? >> it won't be enough but it is needed. if we can get 55, 60, whatever they want to give us for now, it will do for now. we need to get the rest of it done. we have -- it's amazing down there. there is not even words to
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describe what goes on down there on a daily basis and for us to turn on the tv at night after we get home from work and hear that there is no problem, it is mind blowing. >> heather: in terms of the use of drones and increase amount of money and support going to the border patrol agents themselves, is that enough being offered at this point? do we need more funding for that as well? >> one of the big things we're fighting against is retention. we have a lot of agents either going off to greener pastures and different agencies or retiring. we can't seem to hire enough people to get agents to do this job. so that's something that needs to be addressed. the catch and release system needs to be addressed and i think what people fail to realize is the public health aspect of it all. we have a lot of people with infectious diseases that come through and we release them into the country pending their court date. another issue that needs to be looked at. >> heather: you will hear these conversations people have at port of entry, the majority of drugs are caught at the point
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of entry points and supplying them with additional money so that they can up what they need at the port of entry is enough. >> you know, that's kind of -- that statement speaks for itself. the amount of drugs caught at the port of entry is a lot because they are manned all the time. we have areas in the border between the ports of entry that are unmanned. what do you think is coming through there? drugs and people. that's why the cartels are fighting for that land in mexico just south of these areas because of the lucrative smuggling routes. they know where the gaps are. they aren't at the point of entry. they're between the point of entry and why they're using them. we won't know how much is getting through until we secure the border. >> heather: chris cabrera. thank you for joining us. we appreciate it. >> bill: another bizarre twist in the case involving jussie smollett. investigators say they don't believe he is a victim of a hate crime. what about the media and their first reporting on the
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this is beyond wifi, this is xfi. simple. easy. awesome. xfinity, the future of awesome. >> heather: welcome back. some florida inmates being hailed as heroes for breaking into an s.u.v. >> yes, thank god. honey, was that stressful? oh my god. >> heather: here is what happened. they used some tricks of the trade to rescue that little baby who was locked inside. the inmates were repairing some medians thoours when a mom locked her car keys in the vehicle by mistake with her 1-year-old daughter inside. you can see she recorded the men wearing their prison garb getting into the s.u.v. and rescuing her unharmed little
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girl. >> bill: chicago police have now released two brothers after questioning saying they no longer are suspects in the case of jussie smollett. the news reports suggest the actor may have paid the brothers to stage the attack and some media outlets quick to think that was true are backing off. howie, you're doing the story over the weekend on your show on sunday. >> there were plenty of people who rushed to judgment in politics, media and entertainment. some said this attack reminds us the climate of hate has meant people's lives have been at stake since 2015. an actress say i'm waiting for her apology to the vice president and among the 2020 democrats kamala harris and cory booker called it a modern
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day. most news organizations acted with restraint. a guy who is a star on the fox show empire make accusations you have to report that. chicago police were taking it seriously and investigating and you have to report that. we knew something about this didn't smell right from the beginning. things that didn't add up. it's not enough to go on the air or write. i resisted invitations to do that because the situation was so murky. the media also reported various organizations of red flags that came out. why did he delay in reporting it? why didn't he quickly turn over his phone? so we began to see the shift but until recent days i don't think we had enough evidence to say it was some kind of hoax. >> bill: a few things to throw in. donald trump junior tweeted this. strange that no one in
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hollywood or mainstream media seem to want justice or jussie anymore. what changed? here the david webb. >> we have all the different instances where the reality doesn't match the narrative. there is a blowback effect though, brian, when it comes to the country we as americans are starting to see this. we're starting to see these incidents are being used to increase hatred. >> bill: it is difficult to know motivation or what happened. what about the comment about increasing hatred. >> we saw this with the covington high school kids. trump and maga hats. many people who don't like the president seize on it and say it's his fault. the president's son had a point with his comments. donald trump said the attack was horrible when we don't know. if it hadn't been -- the attack on a tv star would have been
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big news regardless. when you add the trump element or maga hat it seems a lot of people put any skepticism aside and convict in advance. this is another case, we don't know everything, where it seems to be what happened. >> bill: you say some actors and politicians didn't act with restraint. >> and some journalists on twitter. >> bill: you said some media organizations acted with restraint. >> you could point out the holes. he told robert roberts in detail on "good morning america" and how it happened. and now -- the story has taken a dramatic turn. >> they're getting ready to release a statement today and also confirming that -- not confirming that smollett will meet with police today.
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nice to see you, howie kurtz in washington >> heather: the social media giant facebook under fire yet again. why some of its critics are now calling them a digital gangster. >> bill: the uproar over the president's plan for building the border wall. what does the white house do next? mercedes schlapp, communications director, will be living from the white house shortly right here. >> americans die year after year because of threats crossing our southern border. we have families and communities left unprotected and undefended. international terrorist organizations. this is a threat in our country, not overseas. saving you time, so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪
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that have made the rx the, crleading luxury suvhnology of all time. lease the 2019 rx 350 for $449 a month for 36 months. experience amazing at your lexus dealer. >> this is part of a national security mission. we've declared national emergencies to promote democracy in belarus and
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zimbabwe. they didn't refuse to appropriate. they passed a law saying the president could have this authority in the plain statute. that's a decision that congress made. the people don't like that they can address it. >> bill: hot interview on "fox news sunday". the white house not backing down on the border wall in growing political and legal challenges. stephen miller insisting the crisis is real and that president trump will not ignore it as his predecessors did. mercedes schlapp white house director of strategic communications live out of miami. welcome back to "america's newsroom." i know you're there for the venezuela announcement later today. let's talk about the border first of all. what's the white house's reaction to some of the pushback now on the legal sense for this, the lawsuits? >> look, we feel that we're in strong legal grounds. and in pushing forward and declaring this national emergency. we know that we have the presidential authority to do so. congress has the statutes and it has been used before over 50 times since 1976. so we feel like we're on solid
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legal ground on this issue. >> bill: based on what is that, mercedes? >> it's been used before. what we're seeing right now at the border is an emergency. we're seeing the fact that our border patrol agents are having a tough time having the operational support needed to secure the border. you are also seeing the fact that it is a humanitarian and security crisis as the president has spoken about this issue time and time again. we've seen criminals, smugglers, coyotes, human traffickers, taking advantage of our immigration laws and also putting at risk many vulnerable families who are coming from central america. this again is the obligation of this president to provide the safety of americans in the united states and he is upholding his duty. part of this is declaring this national emergency. >> bill: two specific questions.
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did the statements from the rose garden on friday hurt yourself case? the detractors would argue the president said he didn't have to go this route and he will lose a few legal cases but ultimately win at the u.s. supreme court. did that hurt your standing before a judge? >> we know the realities of judicial activism as you've seen so many time with the ninth circuit. the president didn't want to have to choose this route. he wanted to see if congress would negotiate a better deal. they, of course, fell short with pushing forward $1.375 billion toward the physical barrier. that is better than the zero or less than $1 speaker pell -- pelosi was willing to offer. additional funds the border patrol need. we can immediately start building these physical barriers along the southern border in these most vulnerable
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areas. the fact that we'll be able to prioritize based on the needs and where we believe that we need to be willing the wall. >> bill: would you argue there is a pot of money outside the purview of the legal challenge? >> part of this is the forfeiture fund that comes from the department of treasury, $600 million and looking into the department of defense, the counter drug activities where you can build fences and roads in areas where there is high density of drug smuggling. this is an opportunity to really be able to build these physical barriers in much-needed areas. as we know and even democrats have been on the record saying -- >> bill: you can go ahead -- you are making the case that you can do that now while the legal process plays out. is that what -- >> that's correct.
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in those pots of money we can start building immediately and start working with our contractors. the president met last week with the generals from the u.s. army corps of engineers to get the process going. the president wants to move fast. he recognizes this problem has been festering for decades. the mere fact we haven't been able to close the immigration loopholes. the mere fact that the democrats are pushing an open borders agenda and really do not care if illegal immigration surges, the president wants to take action. we want to push forward legal immigration into america but we also have to gain operational control of the border. >> bill: i want to move to two other topics in the time i have left. venezuela big speech this afternoon. what's the message about kicking out maduro. to assume he will just leave might be a bit short sighted. what is the message today? >> the message the president is going to deliver a strong message to the venezuelan
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people. we stand with venezuela. that community, millions of people are going to the streets. millions of people are speaking up against the oppressive maduro regime that has destroyed the social and economic fabric of that country. it is time for maduro to exit. we know that president guaido is gaining so much support from civil society including the labor unions, the churches, the students. and we know that more and more they are coming together, even the rank and file of the military, supporting president guaido. maduro is simply a cuban puppet and what we know is cuba has sent over 20,000 security forces to venezuela. their interest is not that of the venezuelan people. >> bill: does it appear that maduro has more support than you thought? >> absolutely not. more and more countries are recognizing the legitimacy of
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the guaido presidency and we know that it's 50 nations right now. this is not going to be easy but we're looking for a peaceful transition in venezuela and we know that we stand with president guaido. president trump spoke with him a couple weeks ago and talked about the historic moment right now in venezuela. not going to be easy but we'll continue the maximum pressure campaign on venezuela. >> bill: last topic. andrew mccabe. what's the reaction from the white house? we heard from the president on twitter. what is your reaction to the claims he made last night an "60 minutes"? >> mccabe has no credibility. he was fired by the f.b.i. we know he has lied on multiple occasions, including under oath. he is a partisan hack. he is trying to sell a book. the mere fact is he is a liar. >> bill: what did he say last night that was new? >> i don't really think there was much news to mccabe's
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interview. as you know last week he had to take back certain statements that he has made and we've had -- rod rosenstein coming out basically saying that mccabe's comments are inaccurate. so i don't understand why they keep giving this platform to mccabe when he is a liar. we know clearly -- >> bill: you made the suggestion the president was relying on putin's advice with regard to north korea's missile program and not the intelligence community. he said that. >> we know where mccabe's tendencies lie. he doesn't like the president and targeting the president. we aren't going to believe anything that mccabe has to say because of the fact not only has he lied to investigators, he has lied under oath and there is no credibility to his statements. >> bill: how long is rod rosenstein in his position? >> you know, that's a decision for rod rosenstein to make. the president has a good
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relationship with him. >> bill: you have no information as to when his tenure is complete. >> that's correct. >> bill: thank you for your time. the event this afternoon on venezuela. we'll be watching from here. >> heather: president trump with an urgent warning for our european allies. why he says they should take hundreds of home grown isis extremists now held in syrian prisoners and how the e.u. is responding. dan hoffman joins us live next on that.
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>> heather: president trump warning europe to take back hundreds of isis fighters captured in syria or they could be released. in a series of tweets he said the united states is asking britain, france, germany and other european allies to take back over 800 isis fighters that we captured in syria and put them on trial. the u.s. does not want to watch
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as these isis fighters permeate europe which is where they're expected to go. we do so much and spend so much, time for others to step up and do the job that they are so capable of doing. we're pulling back after 100% caliphate victory. dan hoffman is former c.i.a. station chief and about to join the president's intelligence advisory board. great to see you again. saw you at 4:00 a.m. this morning. let's talk about this. we are talking about isis members coming from over 40 different countries. do you agree with the president here? >> i do. our kurdish allies who make up the bulk of the syrian democratic forces have been holding roughly 3,000 prisoners. once we withdraw our troops in april the kurds need to focus on defending themselves from potential attacks from turkey and targeting the remnants of isis as the president pointed
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out. it will be important going forward. >> heather: once these isis fighters are taken back to the countries if that happens how do we confirm then that the courts don't rerelease them in some of these countries. listen to what niles gardner had to say from the heritage foundation. >> the problem is european courts tend to be so liberal that there is a fear, i think in some european capitals that some of these fighters could actually be freed and get away scot-free and i think that's a real problem in europe actually. the failure of the court system to be able to deal with these terrorists. >> heather: reasonable concern? >> very reasonable concern. syria really was just a petri dish, jihadist magnet attracting radical extremists, one of the things we've done in the past is to share reporting we have on prisoners which can
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assist those governments taking them back to build those court cases. but for europe it is of great concern and there is so much value potentially for these european countries in debriefing those who went to syria to fight. learning about the logistics and the history of their involvement, including the contacts that they might have ongoing with isis leaders. remember, the isis leader is still at large. >> heather: getting these fighters to the countries where they belong. i was reading once they join isis everything is destroyed. their birth certificates and passports and they're reissued these isis identification papers. how do we know where they are supposed to go? >> one of the things we've done in other cases in my experience at least is that when an isis
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terrorist is detained, then the terrorist would be debriefed on everything that we could learn about them. their name, background, where they came from, where they were operating and all that information would be passed in this case back to european governments so they could try to put everything together and determine who these people are. they have all the photos and identification, fingerprints, dna to try to confirm who they are. a painstaking but awfully important process. >> heather: responsibility of the military to do that or is that the diplomatic effort? >> i think it's the military with the assistance of our kurdish allies as well as others in our government. >> heather: the u.s. is scheduled withdraw from syria the end of april. all this can happen before then? >> it will have to happen before then. a lot of the work has already been done. presumably those in detention right now have already been
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debriefed to some extent by the kurds and potentially by u.s. military debriefers as well. there should be information on these individuals that will help us determine who they are, information we can pass to the europeans. probably a lot of the leg work has been done. >> heather: quickly approaching the time frame there. dan hoffman, thank you so much. >> bill: "outnumbered" is coming up in a few moments. a quick preview. hi, ladies, on this president's day. >> some top democrats rushed to release statements after actor jussie smollett said he was a victim of an attack and some blaming president trump for this. now police say smollett isn't considered a victim. what these democrats are saying now? >> a crazy case continuing to unfold. new reaction to the big interview with former acting f.b.i. director andrew mccabe and his claim top officials discussed removing the president from office. now the most powerful republicans in congress want him to go under oath.
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all that plus our #oneluckyguy at the top of the hour. >> bill: hail to the chief. thank you, ladies. facebook is under fire yet again u.k. accusing them of acting like a digital gangster. what's that all about next? 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
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[ ding ] [ gurgling ] [ ding ] show me cartoons on netflix. [ ding ] [ cooing ] [ door closes ] [ cooing ] ♪ [ ding ] show me fish on youtube. say it and see it with the x1voice remote. from netflix, prime video,youtube and even movie tickets. just say get "dragon tickets". >> bill: alert from overseas. british lawmakers calling facebook a digital gangster accusing it of violating the u.k.'s data privacy and antitrust laws. no love lost here. greg palkot live in london. what's happening? >> absolutely, bill. very tough words from u.k. politicians about the social media giant. the culmination of an 18-month look by a parliamentary
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committee at the digital sites in general but most especially at facebook calling facebook's corporate structure designed to, this is a quote, conceal knowledge and responsibility over specific decisions. it especially slammed the ceo of facebook, mark zuckerberg saying he failed to show leadership and personal responsibility. he did show up last april before congress in a hearing there. he failed to show up here at parliament. the probe was spurred last year by news of that firm cambridge analytica misusing facebook data to work with the trump campaign. they also looked at questions about facebook meddling with the brexit elections here as well as other elections. the study doesn't suggest specific laws that need to be put in place. more shaping government policy. there are pretty strong u.k. and e.u. digital privacy laws. similar laws being considered
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by the united states. the idea that the cyberspace is being politicized to wrong end, that's really concerning. as for facebook they did have a comment today in reaction to the parliamentary committee's findings. they said pretty much as you could expect they share the committee's concern about fake news and electoral integrity saying it was open to anything meaningful regulations. you can imagine 2019 will be tough on the tech giants as 2018. >> bill: a billion users plus. greg palkot in london. thank you, sir. >> heather: the man accused of killing five people in his illinois workplace should never have been able to purchase a gun. gary martin was arrested six times for traffic and domestic battery issues. he was convicted of aggravated assault in mississippi in 1995. this should be been flagged
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during a background check when he purchased a weapon but it was than. he was killed by police after he opened fire inside the manufacturing plant where he had been employed but was about to be terminated. >> bill: the white house believes they will prevail in court legal challenges to their border security plan. democrats say they'll challenge the emergency declaration. how does it play out in the courts and in congress? >> tech: at safelite autoglass
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we know that when you're spending time with the grandkids every minute counts.
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and you don't have time for a cracked windshield. that's why we show you exactly when we'll be there. saving you time, so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪ >> heather: the newsroom involves taking out a out of this world with the discovery of pluto happening on this date back in 1930. astronomers theorizing its existence before then, but it actually wasn't confirmed until a 23-year-old rookie astronomer, clyde, zeroed in on it. pluto's name comes, by the way, from greek mythology for the god of the underworld. it is classified as a plan until 2006, bill, and that's when some
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new rules disqualified. no longer a planet for different reasons. couldn't clear the neighborhood? i don't know. [laughs] i'm not an astronomer. >> bill: poor pluto! beaten around a lot. have a great day. we had a long day. >> heather: back tomorrow at 4:00 a.m. >> bill: "outnumbered" starts right now. bye-bye. >> melissa: fox news alert, sending developments in an alleged hate crime investigation why we discuss cost country. actor jussie smollett claimed he was assaulted by two masked man, but now chicago police say they no longer consider him a victim in this case. this is "outnumbered" and i'm melissa francis. here today is the host of "kennedy" on the fox business network, kennedy. reporter for fox news headline 24/7, carley shimkus. fox news contributor and national security analyst, morgan ortagus. and on the couch, editor in chief of "the daily color" news foundation, christopher bedford.

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