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tv   The Daily Briefing With Dana Perino  FOX News  September 21, 2018 11:00am-12:00pm PDT

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our veterans in las vegas. this is where the president is expected to join a representatives that you see there. darrell issa and dean heller on the day to sign that legislation. we are watching it here on fox. ♪ >> dana: this is a fox news alert. the battle over judge brett kavanaugh taking new twists and turns as christine blasey ford offers to testify next week but only under certain conditions. hello, everyone, i'm dana perino and this is the daily briefing. ♪ >> dana: dr. ford's legal team telling the judiciary committee she is opening to testifying next thursday but they want judge kavanaugh to speak first. so now with the timing in limbo and new reports of a g.o.p. counter offer to her, senate republicans are trying to forge ahead with confirmation hearings for the president's supreme court nominee. chief congressional correspondent mike emanuel has more from capitol hill. mike, will there be a hearing on monday. >> dana, that would seem
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unlikely at this point. i'm told judiciary committee republicans have discussed a republican counter offer and that will be made to christine blasey ford and her legal team soon. also today, senate majority leader mitch mcconnell spoke with great confidence saying that the senate will get this done. >> you have watched the fight, you've watched the tactics, but here's what i want to tell you, in the very near future, judge kavanaugh will be on the united states supreme court. [cheers] >> judge brett kavanaugh sounds eager to defend his name and integrity. kavanaugh wrote to judiciary chairman chuck grassley late last night, quote: thank you for the invitation to appear before the senate committee on the judiciary on monday, september 24. i will be there. i look forward to the opportunity to testify before the committee. the format and timing of that kind of hearing is still being worked out. dana? >> dana: mike, what is the
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latest from the accuser professor ford's side? >> well, we know her attorneys expressed concerns about security and safety, christine blasey ford's side wanted hearing on thursday. they wanted judge kavanaugh to testify first and to not be in the room when she speaks. her sister-in-law spoke today about professor ford earlier. >> part of what i understand is that she felt sort of emotionally derailed for a couple of years. i am sure she is preparing mentally to embrace her truth and kind of get past the things that made her feel like she has to hide it and be silent. >> we will see if members of the judiciary committee and her legal team can strike a deal to make that happen. dana? >> dana: thank you, mike. as this fight intensifies president trump doubles down on supporting his supreme court nominee. here's what he said last night at a rally in las
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vegas. >> i think it's a very sad situation. he is an outstanding person. to take a man like this and besmirch. now, with that being said, let her have her say and let's see how it all works out. but i don't think you can delay it any longer. >> dana: former utah congressman jason chaffetz. author of new book deep state. go back to what mitch mcconnell said you traveled the country in 2016 trying to help republicans win election. when mitch mcconnell says there is going to be a vote, who do you think is listening. >> for many people back in 2016, conservatives in particular number one issue was the supreme court. they can get by on a lot of the drama but donald trump but the idea that he was going to elect or put somebody on the supreme court was conservative i think one of the most savvy thing did was put out that list in advance. they want to see this happen. mitch mcconnell has actually been very good at driving. this i don't think he lies
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these delays from what i hear from people i talked to on capitol hill, he doesn't like this delay at all. i do think senator grassley, the chairman of the senate judiciary committee has been masterful, his balance, his tone, the options. i think he has done a very good job so far. >> dana: speaking of mitch mcconnell he was strategic and patient and took a lot of criticism and risk by delaying or denying merrick garland a hearing. >> he did. he took a tough, tough line. i come from the camp that says as the committee chairman you don't enter into negotiation when you invite somebody to come before your committee. that's not the start of a negotiation. but, again, i think grassley in conjunction with mitch mcconnell, they have bent over backwards. you can't just continual to let this go on in per pew throughout. >> what about the ghants that lead brett kavanaugh speak first? why would they agree to that when he hasn't even heard the actual story against him? that the original letter has not been provided to the committee. i mean, how is he supposed to go first.
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>> it's amazing we are at this point in the process the original letter, the senators who have supposed to vote and look at this have not even seen it. it's highly suspicious. her list of demands we haven't seen all that list, there is nobody in the legal profession that is looking at this saying that that is the way to do it. of course, her security will be provided by the capitol hill police. of course you probably don't have the personal you are accusing in the same room. i think those are easy to get past. there are other demands untenable for the committee. >> dana: president trump had been fairly reserved. did he speak to sean hannity last night and you saw the clip there he also tweeted this morning that has some people thinking oh, why did he do that? >> well, i have got to item you, all the democrats on the committee already know. so what happens or doesn't happen they are going to vote no. >> dana: right. >> it comes down to senator jeff flake and i didn't think the president tweeting is going to attract the attention or persuade senator jeff flake. you've got to look at who it actually matters to and have
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you four senators, flake being on the committee and the other three that are still on the balance plus some democrats, i don't know that that's terribly heavenful at this point. >> dana: we will see what happens. that's the president's favorite phrase and ours as well. the "new york times" is reporting that deputy fbi attorney general rod rosenstein suggested wearing a wire to record president trump and discuss invoking the 25th amendment. he denied it in a statement saying the "new york times'" store is inaccurate and factually incorrect. i will not further comment on a story based on anonymous sources who are obviously biased against the department and advancing their own personal agenda. let me be clear about this: based on my personal dealings with the president there is no basis to invoke the 25th amendment. so, this story literally breaking at 1:59 p.m. i don't have a chance to give you the full thing and read it basically it was during the time when there was all this question of putting the russia investigation to the deputy attorney general that he would oversee the firing of
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james comey you, of course why know that rosenstein wrote the letter and now somebody anonymously is saying that there was. 25th amendment and possible wire. in the story it does say that someone said even if he said it was sarcastic. >> so outrageous. i hate it when they do all this anonymous -- i don't know what the standard is at the "new york times." when it's just anonymous all the time and just willing to run with it, that's as strong of a denial from rod rosenstein i have been very critical of him. it's pretty categorical. pretty strong denial from him. it seemed outrageous. i can't imagine any plawivelg scenario in which that would even have a chance to be true. >> dana: i imagine whoever is putting this out there does hope that it sets the cat amongst the pigeons. as it looks like the mueller investigation is starting to wrap up, the president saying he wants to get these fisa documents out there. there has been a little delay on that. he wants to try to do it. do you think this is just posturing and positioning by people that we don't even know their names but i
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assume that they are ones that want rod rosenstein to be fired? >> that's what i wrote a book about. in my book "the deep state" there are people that will do anything they can to embarrass the president and undermine his agenda. that's what they do. that's one of their dark particulars. they happen to have a "new york times," in this case, willing to go along with it the "new york times" owes us more than somebody anonymously says that. that's huge allegation. >> dana: i remember secretary for a congressman somebody called me and they said they had two sources i'm like right the person who made up the rumor and someone they told. it is a little suspect. >> yes. >> dana: congratulations on the book congressman jason chaffetz. >> thank you. >> dana: a short and smart look three other stories we are following today. the mother of a jogger murdered while run nag popular d.c. neighborhood says she has already forgiven her daughter's killer. a vigil was held last night for 235-year-old martinez who just got engaged last week.
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evidence that the woman who opened fire at maryland workplace killing three people yesterday was suffering from mental illness. police say mosley shot and killed herself after the rampage. and officials say florence is now blamed for at least 42 deaths in three states. we will have the latest in a live report coming up later in the show. president trump's former lawyer michael cohen reporting to the "new york times" -- i'm sorry, the "wall street journal" is cooperating with special counsel robert mueller and that he has met with investigators several times. so what key tell them? what would that mean? plus, a report that president's former top lawyer at the white house wanted to pay the legal fees of paul manafort. why that never happened straight ahead. ♪ with uncontrolled moderate-to-severe eczema,
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>> dana: brand new report that a former top lawrs for president trump john dowd consider raising legal funds for paul manafort and richard gates. the "wall street journal" reporting the president's advisor shot down the idea and it never happened. joining me now shelby holiday from the "wall street journal" and a former federal prosecutor, now special counsel at lowen stein sandal. let me start with you then you were explaining to me it's not out of the realm of possibility that this happens in court sometimes that there would be way to pay for somebody's legal fees. >> it happens sometimes whether you have a multidefendant case or multitarget case that one person will pay the other target or the other defendants' legal fees. they need to work it out and make sure there is no conflict of interest. and certainly can't get in the line of obstruction of justice. it does happen. it's not necessarily illegal. the concern in this case is to make a big payment for attorney fees right when man 40s and gates in particular on the brink of cooperating could have been construed as
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obstruction of justice. i would guess that's why the advice came to john dowd don't do this and i think he was probably well advised to heed that. >> dana: shelby, you would look at the system as working. people can have them ideas and run them by the legal office and if they get shot down they get shot down. >> we tend to see a lot of stories ideas in the white house never followed through on. the timing is very interesting. we know paul manafort struggled to pay his legal fees all the way back probe started. reports he didn't pay one of his lawyers and whether or not he has confidentiality because of this. i think that the sort of suddenness and the timing of this is certainly significant. >> dana: interesting. it does feel like maybe things are coming to a close as have you all of these different story lines coming out. i don't know if that's true or not. but it feels that way. i do want to play this to you about michael cohen apparently cooperating and having long discussions with
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the mueller team. listen to president trump last night. >> well, it has to come to an end. it's so bad for our country. i call it the witch-hunt. it is so bad for our country. when you see strzok and page and mccabe with his lies. gets fired for lying. you see all of the things and comey for lying and leaking. you see what went on. it's got to come to an end. >> dana: michael cohen the president's lawyer apparently talking to mueller for quite a few hours and lanny davis his lawyer saying. this good for michael cohen in providing critical information to the mueller investigation without a cooperation agreement. no one should question his honesty, veracity or loyalty to his family and country over potus. let me ask you something why does lanny davis say and make it very clear that good for him because he is doing this without a cooperation agreement? is that significant? >> it's unusual. usually when someone is cooperating they plead to a cooperatesser agreement.
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when cohen pled it was a noncooperation agreement. it was what we call a straight plea. >> dana: could a cooperation agreement be under seal. >> yes -- no, no. under seal? no. when cohen pled guilty he was asked specifically on the record and this is typical do you have any other agreements other than what's in front of the court today and he said no. that's standard. he still can cooperates. you can cooperates after a guilty plea and trial we saw with manafort and sentencing. i have done all of those things if the person has good enough or reliable information. where i disagree with lanny davis no one should question the motivation that's mueller's job. is he downloading information from cohen and is he going and seeing how familiar of this can i back up and corroborate. >> dana: he already pled guilty to several other things. what do you know about. this is he going to jail. we know co-son very upset that the president turned on him and turned his back against him and didn't support him when cohen was going through these legal deliberations of whether or not he was going to plead guilty for crimes that could
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very well involveth president. cohen is upset. he has repeated many times he is loyal to his family. he is making it clear he is not loyal to donald trump. a lot of speculation what he could be trump tower, trump tower meeting. also the unknown of what he could be telling mueller that we publicly don't know if he is opening new leads for mueller, for example, that could be a problem for trump. trump wants this wrapped up immediately. >> dana: opening up new leads not a sign. >> news for trump across the board. the president wanting to get these fisa documents unredacted and out into the public eye. tap on the brakes on that today and tweeted this: they agreed to release them but stated shah so doing may have a perceived negative impact on the russia probe. key allies called to ask not to release. the inspector general has been asked to review these documents on expedited documents. i believe he will move
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quickly on this. can i always declassify if it proves necessary. there is some concern in the national security community and i know have you dealt with fisa applications before. is that, you know, legitimate? >> there should be concern. i think the advice to tap the brakes is smart here and well-taken. to declassify fisa applications in particular is a dangerous press denting. fisa applications have top secret information. it's a level beyond the sort of normal criminal wiretap. this is foreign intelligence related information. and if those all indications disclose sources, people who are providing information, double agents for lack of a better term, spies and methods the way we do our business. >> dana: don't wants to put anyone in danger. >> want to be careful about the press denting there. >> dana: republicans seem to believe putting owtedz these documents will clear up any confusion and exonerate the president. what are you hearing from anyone else? >> republicans believe that. but democrats are saying okay. careful what you do. there could be something in there that you don't want public or that doesn't help your case. so, it's a big unknown right now. none of us know what's in
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these documents. that's why they are classified. >> dana: shelby, isn't the inspector general that the president references, he is also doing other investigations that have to do with the very thing that the president wants to release documents about. >> yeah. the president has benefited from the inspector general's report in the past, for example, the kateing report about comey and the handling of the hillary clinton investigation. >> dana: right. >> the president has touted this inspector general when it works for him. i think it's wise of the president to sort of get behind and say we want this done correctly. >> dana: they are going to give me a chance to ask you one last question because i asked jason chaffetz about breaking news story that rod rosen sometime, the deputy attorney general, there is a report that he had a meeting. he was possibly talking about the 25th amendment. possibly talking about or joking about wearing a wire. he has categorically denied it you were skeptical about this story in the break. >> i think rod rosenstein at his word. straight shooter. it's bizarre for the deputy attorney general to record the president in the white house. i don't give all that creed
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deposits to 25 amendment shot. what if someone is in a coma. i'm not sure i'm all that moved. >> dana: you cover the story from time to time whereby do you think this is coming from. >> i wonder if it's coming from someone ngting him fired. the part about the 25th amendment was the strongest denial. i don't think it should be invoked and we shouldn't be talking about it. >> dana: thank you for joining us on breaking news friday: a very firm promise about kavanaugh today. we will tell you what he said. what impact will this drawn out confirmation battle have on the mid terms as early voting begins in several states. ♪ ♪
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>> dana: early voting has begun. a.b. stoddard says the g.o.p. should have been worried about women voters long before judge kavanaugh's confirmation battle began. she writes a new political realignment caused by the flight of white college educated women from the republican party has loomed sings president trump was elected and became electoral threat to republicans since dr. christine blasey ford's name. a.b. joins me now. this is coming on a day when you also have amy walter, someone that we both know, she works for cook political report, writing. this. what is worrying many democrats is that the enthusiasm they are seeing among women isn't being replicated among other groups of voters that theoretically that should be as motivated or more to vote for democrats that would be latino voters. do both parties have some problems here? >> i do think that what the problem that democrats might
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have is believed that they can simply take back the majority in the house because there is so much anti-trump energy. so far from the idea that women are really motivated to vote democratic just across the board. they have to come up, dana, with a popular vote win of 7.5% or more. and that's just to take those 24 house seats back. structurally republicans retain an advantage, no matter what. so, they need a lot of energy across all sectors within their coalition. this new group of people who, you know, independents are souring on trump. women who some of whom are former republicans, college educated white women are very motivated but you are right. latino voters are not, despite all of the headlines about the family separation crisis of the border and everything else, it really remains to be seen whether or not we're going to see nationally a good amount of latinos turning out. we know also. mid terms, democrats tend to
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not see their full coalition turn out. and president obama suffered two huge defeats because voters who elected him in 2008 and then again in 2012 stayed home. we didn't see voters of color and young voters. if that formula doesn't change, if you don't see the white college educated women join young voters and minority voters, they might not get over the line in terms of taking the house back and the senate. >> dana: a.b., it would not be a friday in 2018 if we didn't have breaking news in the middle of this hour and on a friday like this one, you have this from the "new york times." i want to get your take on it just breaking now. according to the others who described his commitments, mr. rosenstein not only confirmed that he was serious about the idea but also followed up by suggesting that other fbi officials interviewing to be the bureau's director could also secretly record mr. trump. there is a story just breaking that the "new york times" says that rod rosenstein, the deputy attorney general, of course, you know that he is in
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charge of the mueller investigation because jeff sessions recused himself. the story coming out, anonymous sources but saying that he was considering a wire, also considering the 25th amendment. he has firmly denied this, but it will no doubt be explosive. on a week where president trump was pretty aggressively targeting his attorney general jeff sessions, your thoughts? >> right. i mean, dana, the -- since president trump took office the "new york times" has actually published so many incredible news-making stories that almost obviously all turned out to be true. and so i tend to not question the sourcing of the "new york times." but, rod rosen stein just that short-term period on the job, he is a very cautious family low. he ifellow and ernest dudley do right. i have not just concluded this from watching him o on tv
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and reading about him. i know this from knowing people who work with him. almost naive in the way the article describes his approach to discussing comey's firing and running up a memo for president trump and finding out the way that trump described and used his memo for the bailiffs of the firing and his emphatic denial makes me wonder if there is some question here about the sourcing and about whether or not this was an effort to actually discredit rod rosenstein. it's very hard to know, you know, what the truth is. but we know that the administration wants to discredit bob mueller so that his findings are not believed by president trump's supporters. would he see know they want rod rosenstein to be discredited as well. >> dana: that would be the case. a.b. stoddard, we will stay on top of this story and have you back to talk about these demographic issues because you follow them closely. thank you. >> thanks, dana. >> dana: senator mitch mcconnell saying today brett kavanaugh will be confirmed tout supreme court and soon as lawyers for his accuser
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who r. still negotiating with the judiciary k34eu ovecommitteeover the terms of hr testimony. i will have a former clerk about the strategy and confirmation battle up next. ♪ so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan for up to 100% of your home's value. if you need cash for your family, call newday usa. with automatic authority from the va, we can say yes when banks say no. give us a call. call now: 1-855-376-1361.
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democrats. peter doocy is live at the gathering in washington. i'm sure they were listening to every word that mcconnell uttered. >> they were, dana. remember, the idea of putting conservatives on the supreme court was huge for conservative voters in 2016. and that remains the biggest concern of conservative voters in 2018 as the kavanaugh confirmation process drags on. >> i don't think they are concerned about the allegations. i think they are concerned about the process. i think they are very concerned that once again we see the democrats playing games. you know, this allegation, dianne feinstein sitting on this for six weeks, not bringing it up in the private session. not bringing it up in the public session. bringing it up on the eve of the vote. >> and there's a lot of sympathy for kavanaugh among the conservative speaker ofs here in washington. one of them gary bauer called the delayed confirmation a travi travesty.
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another calling double standard in the calls to brett kavanaugh but not keith ellison candidate for attorney general for minnesota and dnc chair. biggest applause of the day today came when the senate jordan leader mitch mcconnell denied any allegations of brett kavanaugh derailing his allegations to the supreme court. mcconnell said he will be sworn in soon. >> so my friends, keep the faith. don't get rattled by all of this. we're going to plow right through it and do our job. >> so mcconnell is standing by kavanaugh who he called stunningly successful and he dismisses the allegations and the delay as nothing more than tactics, dana. >> dana: all right. thank you so much, peter. for more on this i'm joined now by justin walker a former clerk for justice kennedy and judge kavanaugh. i know you have been watching this case -- i'm sorry, this confirmation very closely. it's a week from today.
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a week ago that we first heard about these allegations and already you see support for judge kavanaugh slipping. ntsb "wall street journal" poll showing that support for him in august was 33 support, 29 oppose, in september 34 support, 38% oppose. and judge kavanaugh anxious to testify and he wants to do so on monday. do you think that he will have a chance to do so? >> well, i don't know what's going to happen next week. i think that's in the hands of people other than judge kavanaugh. what i do know is that this is something that he says he didn't do. and, dana, there are certainly many men i have known and worked withs who withe denials i might not believe in this situation. very short list of whose word i trust without reservation and hesitation, brett kavanaugh is on that list. and if he says he didn't do this, i believe he didn't do this. >> dana: some democrats and
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opponents of the nomination have suggested that judge kavanaugh set up his nomination to look like he was very supportive of women with the clerks that he had hired. the basketball team that he coaches and having supportive letters signed by women he had worked with in the past. do you get any sense that that was an attempt to try to prevent or to mount a predefense because this allegation could be coming? >> net at all when lisa blatt said when she wrote in politico judge kavanaugh's 12 long year record on the bench, there may be no appellate federal judge who has done more to support women in the profession than brett kavanaugh. and i can speak from personal experience, dana, my first week on the job, a former clerk told me that no matter what do you, and i wouldn't have done this anyway. do not refer to the female clerks as girls. it's disrespectful and judge kavanaugh will not stand for it. it was a small thing but a sign of a larger philosophy that judge kavanaugh brings to his job.
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equal justice under the law and respect and dignity for all people. >> dana: let me ask you about one the demands her side is asking for that he speak first at the hearing, if it takes place on monday or any time next week, before she has a chance to make a case against him. and i'm just wondering what you think about the fairness of that because how can he respond to something he hasn't actually been able to fully hear yet? >> i'm hesitant to speculate about what's going to happen next week. i understanding certainly what you are saying, dana. i also believe strongly that every woman who makes an accusation likes this has a right to be heard and should be heard. and, of course, i also believe that judge kavanaugh should be heard. >> dana: all right. justin walker, we will keep in touch with you. thank you. >> thanks, dana. >> dana: north carolina already reeling from florence now dealing with a new disaster. plus. more on the bombshell report that deputy attorney rod rosenstein suggest that he secretly record trump with a
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live report from las vegas. ♪ ♪
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>> dana: fox news alert. "new york times" reporting rod rosenstein discussed secretly recording president trump around the time he fired former fbi director james comey. the report also saying rosenstein talked about possibly invoking the 25th amendment to remove the president from office, rod rosenstein firmly denying the story. kevin corke is traveling with the president and in las vegas. he joins us now kevin? >> you know, never a dull moment. i'm actually just looking, dana, at some of my notes. and i think i want to share two very important things. first of all, in reaching out to the white house we have to get any response. i understand the president is taking part in a veterans event at this hour. and so we have not yet heard back specifically from the team. as soon as i do. i will be certain to pass along that information to you. i think a more broad view of this particular story is
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first of all, the idea that the deputy attorney general might, according to the "new york times," consider surreptitiously recording the president of the united states in an effort to willed build consensus or case if you will to remove him from office by way of the 25th amendment of the u.s. constitution is beyond stunning. it's something that certainly deserves a very, very close examination. as you pointed out, mr. rosenstein for his part is flatly denying this i want to share part of a statement from the "times" this will be relevant for the people at home listens, judge napolitano will help us break it down. he said among other things he flatly called this inaccurate. he said it was factually incorrect. and he did go on to also add as you see there in the statement that at no point did he find the was unable to fulfill his duties by way of the 25th amendment. just an absolute stunner. i do want to say one more thing here, dana, again as i
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continue to check my phone for sources i have reached out to obviously the highest level at the white house as soon as i get something, i will pass it along. i think what most people would probably want to pay close attention to is first of all the denial. was he really clear in what he said? was the article itself he said factually incorrect. it was completely incorrect? was it partially incorrect? where else could they have gotten such information. and i think the second thing a lot of people will want to know is what is this idea? whereas this been floated this idea of somehow utilizing the 25th amendment to remove a man who was duly elected by the american people? you can like him or not like him. like his policies, dislike his policies. has he demonstrated an unfitness for office? it would be a very difficult conversation, i think, for most people to make that argument. however, it's certainly something that will be discussed great length today and for many days to come. dana? >> dana: thank you, kevin. for more on, this let's bring in fox news senior
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judicial analyst judge andrew napolitano. he joining me by phone. thank you for being with us. let me read you one more quote from the article. s at the is none of mr. rosenstein's proposals apparently came to fruition. it's not clear how determined he was about seeing them through though he did tell mr. mccabe that he might be able to persuade attorney general jeff sessions and john f. kelly, then the secretary of homeland security and thought white house chief of staff to mount an effort to invoke the 25th amendment. judge, you heard kevin corke and we have been reporting this hour that rod rosenstein issued a very firm denial about all of this. hoping, i guess, that the president will think that this is fake news. your thoughts? >> well, the denial is very strong and very powerful and very, very direct. and sources at cnn have quote the someone who was supposedly was in the room when these things were discussed and said yes, it was discussed, but it was sarcastic and nobody was
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serious about it what comes to my mind, dana, this piece in the "new york times" that we are talking about is consistent with the statements made by the unnamed author of the now infamous op-ed piece in the "new york times," supposedly and identified by the "new york times" as a senior administration official characterizing a conversation among two or more members' cabinet about invoking the 25th amendment. it just occurred to me, my memory was jogged as i was listening to kevin. we don't know what happened. if the president believes the piece in the "new york times" and the president is the severist critic of the "new york times" nut country. if he believes it i'm sure he will fire rod rosenstein. that will create a tremendous amount of turmoil
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in the justice department. if he believes rod rosenstein's denial, then, you know, we will talk about this for three or four days until the kavanaugh thing comes back on the headlines. >> dana: this does come on the same week that the president has been very critical of his attorney general jeff sessions even telling a reporter this week i don't even have an attorney general. >> right. >> dana: he has been frustrated with jeff sessions for a long time. he has never fired the attorney general. sometimes i wonder why he keeps basically hanging him out there to dry. but he doesn't want to seem to go as far as to fire him. could this be the straw that breaks the camel's back? if the president were to fire the attorney general and the acting attorney assistay general. acting attorney general. somebody already confirmed by the senate. >> dana: that happens to be nol francisco. >> is he very bright,
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academic person. not known to be politically involved in any respect at all. he is a donald trump appointee out of the private sector to this job. i can't even predict out that might effect the mueller investigation. or where it would go from there or even a bob mueller would stay in his job, because with both jeff sessions and rod rosenstein gone and we are really speculating here, dana, there would be no conflict between the attorney general and the job of the doj and so mueller's work may be passed on to main justice and may be noel francisco would want to keep mueller in. >> dana: you are helping our viewers understand what could happen. let's talk about something else in the article. i want to read one other part and forgive me for reading off my phone here
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but this is breaking news. the article says this extreme suggestion shows mr. rosenstein's state of mind in the disorienting days that followed mr. comey's dismissal. sitting in on mr. trump's interviews with perspective fbi directors and facing attacks informs his own role in mr. comey's firing. mr. rosenstein had an upclose view of the tumult. mr. rosenstein appeared conflicted regretful and emotional according to the people who spoke with him at the time. that is not necessarily new reporting. we knew there was a concern that his truthfulness and integrity by people he has worked with many years at the justice department. so you could understand that there might be some concern. but, also, if it was said sarcastically, is the "new york times" blowing this up out of proportion when you have somebody who is maybe blowing off steam and making jokes just to get through the day? >> >> well, it is well-known as have you indicated that rod
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rosenstein was not happy about the manner in which jim comey was fired u it's well known when the president asked rod rosenstein to give him a memo summarizing reasons that he the president could use for firing comey. he fired comey and published the memo that rosenstein completely taken aback he was thrown under the bus. he didn't want comey fired. he wrote the memo because it was ordered. to say never exmsd the memo would become public and never expected that the memo would be state you had as the purpose for firing comey. >> dana: right. >> again, none of that is new and that is water under the bridge between donald trump and rod rosenstein. and they meet on a regular basis and have consulted on many, many things in the justice department. since the days when jim comey was fired which is now about 16 or 17 months ago. >> dana: okay. there is brand new information, judge, just now, again, let me read off
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my phone. one of our producers finding out that they are told this meeting took place on may 16th at main justice department and the subject arose of the possibility of the appointment of a special counsel to investigate russia election meddling. several people were in the room. these names will be familiar to you. including andrew mccabe and lisa page from another source who was in the room i remember this meeting and remember the wire comment. the statement was sarcastic and never discussed with any intention of recording a conversation with the president. a former doj official tells fox news to remember that there is an active investigation into mccabe being conducted by the u.s. attorney's office in washington and, quote: an indictment could be coming. this seems like mccabe is getting desperate. >> you know, the "new york times" has really put a thicket into a reporter's nest this report something not complete and obviously conflicted. now we have someone, also unnamed, claiming to have
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been in the room. everybody else in the room thought it was sarcastic. "new york times" is relying on person thought it was serious. >> dana: i have a hard break. stick around. we'll be right back.
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>> dana: fox news alert. for more on this let's bring back judge andrew napolitano. okay, so we had the breaking news that the "new york times" top of this hour releasing information and a story saying that there was a meeting where rod rosenstein talking to others about the 25th amendment and possibly wired to record the president might have been said sarcastically, it was also said apparently that this was after rod rosenstein was very frustrated about how the entire situation was being characterized and how his character was being impound after firing comey. and then judge, i just want
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to remind you that our own producer jake gibb is on the justice department reporter says that several people in the room, including andrew mccabe and lisa page, and a former doj official tells fox news to remember that there is an active investigation into mccabe being conducted by the u.s. attorney's office in washington, an indictment could be coming. this seems like mccabe is getting desperate and, judge, i do want to show you this tweet from matthew miller. he was a spokesperson for the obama justice department. he's very active on these issues. he said dangerous game, andy mccabe is playing right now. your thoughts? >> well, i have two thoughts. one very grateful to our colleague jake gibb son for this breaking news. jake also reports that this meeting, at which these conversations were made was on may 16, we're talking about may 16, 2017. that is the day before the president had -- the
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president announced to the firing of jim comey. rod rosenstein probably just had learned, a: that the president was pulling the trigger on comey and, b, was going to use the rosenstein memo. i remember this memo, dana. i read the memo. it looks like it was written by a first year law student. it is not a refined product to be published to the public. and i can understand rod rosenstein's embarrassment when it was published and stated as the reason for it. second, with regard to matthew miller. i would give miller a lot of credibility here. miller i suggesting that the leak in that meeting was andrew mccabe and this is going to come back to bite mccabe rather than to bite rosenstein. no way of predicting how that's going to work. >> dana: mccabe just announced he has a new book coming out december 4th. of course judge andrew napolitano. stick around. we'll be right back.
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>> lots of breaking news this hour. especially about rod rosenstein. we'll have the latest. up next, jon scott is in for shep and i'll be on "the five" at 5:00. see you then. >> president trump tweeting about judge brett kavanaugh's accuser asking for more details on her sex assault claim and saying kavanaugh is the one under assault. so will we see a supreme court show down on capitol hill next week? plus, the fixer talking to the feds. president trump's former personal lawyer says he's giving prosecutors critical information for special counsel robert mueller's russian investigation. that's ahead this hour. but first, a stunning report that the deputy attorney general, rod rosenstein, suggested secretly recording president trump and working to remove him from office. that's according to "the new york times" that sites unnamed sources. the paper reports this went down

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