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tv   The Daily Briefing With Dana Perino  FOX News  November 7, 2018 11:00am-12:00pm PST

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lessening regulation, making certain that we secureborder. >> harris: got to pick up the pace. i have got to pick up my pace, too. so glad you could join the program. big news day. marsha blackburn, congratulations. i'm harris. here's dana. >> dana: president trump repeatedly clashing with members of the media as he held a press conference to address the results of yesterday's midterm elections. hello, everyone. i'm dana perino and this is "the daily briefing." earlier today senate majority leader mitch mcconnell calling for bipartisanship with potential speaker nancy pelosi reclaimed the house last night. president trump also preaching bipartisanship. however, he had some harsh words for members of the media. >> put down the mic.
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>> are you worried about indictments coming down? mr. president -- >> i'll tell you what, cnn should be ashamed of itself having you working for them. you are a rude, terrible person. you shouldn't be working for cnn. >> dana: times have changed since when i was there. john roberts is standing by. you were there in the room. john, take it away. >> reporter: come on. they used to mix it up a time or two. it was one of the more, if not the most combative press conference that i have ever seen. an indication of maybe how the next two years are going to go. the president trying to make the best out of what happened last night, gaining a few seats in the senate, losing a bunch of seats in the house. the president say last night he thought was very close to complete victory. one of the big questions going forward, will he be able to work with democrats who have sought in the past couple of years to
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frustrate him at pretty much every turn? or will this be an endless series of investigations going through november 2020? i put that question to the president. here's what he said. >> if that happens, then we're going to do the same thing and government comes to a halt and i would blame them because they now are going to be coming up with policy. they're the majority in the house. there are many things we can get along on that we agree very much with them and they agree with us. i would like to see bipartisanship. i'd like to see unity. i think we have a very good chance. >> reporter: the president said this might work out well because for once in his presidency, the democrats will have to propose something. then they will enter into a negotiation. but if it is just an endless series of investigations, he said that would put everything on a war like posture. one of the things the president promised is a 10% middle class tax cut when he was asked by fox
quote
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business news about that, president said he might be willing to compromise a little bit. maybe adjust the current rates under his tax reform plan in order to give the middle class a tax cut. the president, interestingly called out members of his own party in the house who lost their races. he said because they did not embrace him. members like barbara comstock. he was uncharacter issically complimentary of nancy pelosi. we all thought that he was trolling her when he said she deserves the speakership. he said, nope. she's done a good job. she loves the country. >> dana: maybe he thinks she's a great opponent to have in 2020. my next guest is calling it a great day for senate republicans. while they lost control of the house while covering much of the map in red. joining me mitch mcconnell. great to have you here.
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lots of things have changed including you and the president forming this relationship that has shown an ability to get a lot of work done, lot of accomplishments. i did want to ask you about something that has not changed, and that is president trump taking on the media. lindsey graham tweeted this earlier after this press conference. it's apparent to me the white house press corps lives in a bubble and the way they are conducting themselves today will do nothing to improve their standing with the american people. do you think many democrats might be surprised at how trump supporters would have taken that press conference? >> i suppose so. the whole by of criticizing the press is something republicans have done for years. there's always been a tilt against us in most of the media out in the world. but, you know, we still win. the president got elected. we had a great day yesterday.
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increased our number in the senate. we still have a majority. we still will be able to confirm judges and cabinet members. hopefully, we'll be able to work out some bipartisan deals, as the president indicated, with the new democratic house. >> dana: i was thinking back. 2006 when the republicans lost the majority. similar situation at least on the house side. now that -- how different might it be, you maintain majority and increase your numbers in the senate. you talk about nancy pelosi and the democrats. you caution them against presidential harassment. do you think she'll stick to that? >> in the late '90s we had control of the house and senate. we impeached bill clinton. his approval went up and ours went down. so my suggestion to the new democratic majority in the house is the business of presidential harassment might not work out for you too well. >> dana: nancy pelosi talked
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about healthcare. take a listen. >> voters have delivered a resounding verdict against congressional republicans attacks on medicare, medicade and the affordable care act and people with preexisting conditions and districts everywhere in america. they went in a new direction. >> dana: for something the republicans can do to try to get back on track on health care so americans think they have a plan? >> first of all, there aren't any republican attacks on medicare or social security. that's all democratic fantasy that they spin -- >> dana: every cycle. >> with regard to health care, it's not working well. this is obama care. it's not working well. american people are seeing a dividing government. democrats now have some responsibility. i think what they're saying to us is you guys get together and figure out a way to improve the health care system.
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obama care has not worked well. they've given us a divided government. we need to improve the healthcare system in america because it's not working well. >> dana: do you think you would be able to get something the president would be able to sign? >> that's what happens when the american people give us divided government. get together and work it out. for example, they spun all over the country that we were somehow against coverage with those with preexisting conditions. that's a campaign approach that, a, wasn't true and, b, doesn't give us solution. now they have part of the responsibility for governing. now get together and make it better. >> dana: it is different when you have some responsibility for governing. i did want to ask you about the kavanaugh effect. o keefe tweeted this. four of the big five vulnerable senate democrats lose or losing tonight.
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donnelly, heitkamp, nelson. all voted against kavanaugh. the one who did vote for kavanaugh prevailed. i wonder if chuck shumer made a mistake saying vote for kavanaugh, save your seat. what's more important? to save the seat or have the issue that you ultimately ended up losing on? >> yeah. i don't know if you can order people to vote. i haven't had that much luck with that on my side. >> dana: you sort of give permission. you do what you have to do to win your seat. >> i do think voting against kavanaugh was a mistake. i think ed o'keefe's tweet sums it up. those in competitive races who voted against kavanaugh loss. one who voted for him won. it was like a shot of adrenaline to our side. people felt justice kavanaugh was being treated unfairly, being presumed guilty instead of presumed innocent. we all watched the mob tactics of those who were up here
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chasing my members out of restaura restaurants. it was counter productive. it registered with the american people how important it was to continue to control the senate right before the election. as unpleasant as it was to go it there, it ended up politically being a god send for republicans. >> dana: do you support senator chuck grassley's committee looking into allegations where you had accusers of brett kavanaugh recanting them and he's referring those for investigation? >> he's referring them to the justice department. i think he's doing the right thing. >> dana: let me ask you about tax cuts. i'll play that for you. >> if the democrats come up with an idea for tax cuts, which i am a big believer in tax cuts, i would absolutely pursue something, even if it means some adjustment. some adjustment to make it possible. i would love to see a tax cut for the middle class now.
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>> dana: we don't know yet who will be the chairman of the house ways and means committee, but do you think it would be possible to try to do this in the next congress if nancy pelosi was willing to play ball? >> all tax legislation has to orange nate in the house. democrats are in charge of the house. if they've got a good idea about how to reduce middle class taxes, we would be anxious to take a look at it. >> dana: i wanted to ask you about this problem republicans and democrats have. that is this deepening urban and rural divide. where the republicans are so strong in all of the rural areas across america, but in the cities, increasingly the suburbs, there are exacerbated problems. in fact, you saw with dean heller. we got a quote there for the hill. heller lost his re-election bid tuesday. it has doomed republicans as growing cities come to dominant once influential areas.
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>> we definitely need to stop the slide. we used to do much better in the suburbs across america than we are doing now. we are happy about the gains we had in rural america. we ought to be able to do both. we ought to be able to appeal to our rural constituents and do a better job in the suburbs. i think that's something we need to address going into the 2020 elections. >> dana: do you think that's about tone or issues? do you think it's tone and reaching out or even just trying in the city? >> i don't know, but i think we need to analyze that. there's no particular reason for republicans to under perform in the suburbs where we've been strong for many, many years. >> dana: let me ask you about andy barr. he was able to beat out amy mcgrath. she ran a very good race. some suggested she might try to run against you in 2020. do you think that will not happen now? >> it's a free country.
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it was a terrific victory by andy barr. he was outspent dramatically. that's a purple district. it's gone back and forth between the parties over the years. it was a great victory for andy barr. he earned it. >> dana: you're running the senate for the next two years. there are about half dozen senators, democrat, who want to run in 2020. how might that affect things going on in the upper chamber? >> may have an attendance problem as we look around to see who's in town. we do apparently have a lot of presidential democratic wanna bes in the senate. it will be interesting to see what they're up to. >> dana: you always play your cards a little close to the vest. we'll keep checking in with you. congratulations on the win in the senate. >> thank you. >> dana: democratic candidate in georgia's governor's race is refusing to concede.
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chris stirewalt will weigh in on that contentious press conference at the white house. >> when you report fake news -- no, when you report fake news, which cnn does a lot, you are the enemy of the people pwp there's little rest for a single dad,
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. >> i really respected what nancy said last night about bipartisanship and getting together and uniting. she used the word uniting and she used the bipartisanship statement which is so important. >> dana: president trump offering a possible olive branch to likely future speaker of the house, nancy pelosi pledging to work with democrats over the next two years. i'm joined by chris stirewalt. finishing the bag of bit o honeys. listen to what president trump said about possibly future speaker pelosi and what it would be like to deal with her and investigation. >> we should get along and get deals done. now, we can investigate. they look at us, we look at them, it goes on for two years. at the end of two years, nothing is done. i put that statement out on social media today about nancy pelosi if she's short of votes,
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i think she deserve, and a lot of people thought i was being sarcastic. i think she deserves it. there was nothing sarcastic about it. it was really meant with very good intentions. i think she deserves it. she's fought long and hard. she's a very capable person. >> dana: seems sincere. >> why not? look, i don't think it helps her case any, but i take him at his word, certainly. >> dana: what about the -- does nancy pelosi have enough cushion because so many democrats were able to win. it wasn't just by 24, it was 33 or 34 maybe more as the day goes on. does she have enough cushion to get enough votes to become speaker again? >> the question is what does she have to give in order to get? how much does she have to trade away in order to do that? you have a lot of democrats on record saying, no,ly not support her. she has the advantage, it's easy
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to get people to disagree. getting the dissidents to agree about where she wants to go. the dissidents are divided. some think she's too conservative. they all agree she's been there too long but they don't have agreement about where the conference ought to go next. what she basically is going to end up offering is herself as a caretaker. she will transition out -- >> dana: right. help them get throughtransition. president trump's base and the liberal base, they're going to look at this democratic oversight differently. democrats have been clamoring for it. got to be a check on the trump administration. people on the right are gonna say, look, president trump is trying to do a good job as the president of the country and he's got all of these needless investigations. testimony takes will be there for both sides. >> one of the things congress has wanted to do is do stagey investigations. they're all bad remakes of
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watergate. it happens every time a party changes. wherever you have divided government, we're going to investigate. what's sad now, they don't even whisper about what it is. they're using it as a negotiating technique. nancy pelosi said it is a negotiating technique. congress needs to do its job and do it fairly regardless of which party's in power. >> dana: all right. do we have any other late breaking calls you want to reconfirm? we were waiting last night to see if jon tester would win? >> don't bet against tester. tester's tough and he won. arizona, don't bet on anything in arizona. the vote that's yet to be counted there is substantially early vote. it would not be hard for sinema to overcome that difference. do you know what's fun? recounts in florida. >> dana: i spent 36 days in florida. chris stirewalt, thank you. >> you bet.
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>> dana: number of military veterans were elected to congress including dan crenshaw. we will tell you what other veterans will be heading to d.c. communication director for the democratic congressional campaign committee joins me. meredith kelly will talk about the dems taking over the house. (roger) being a good father is important to me so being diagnosed with advanced non-small cell lung cancer made me think of all the things that i wanted to teach my kids. (avo) another tru story with keytruda. (roger) my doctor said i could start on keytruda so i did. with each scan things just got better. (avo) in a clinical study, keytruda offered patients a longer life than chemotherapy. and it could be your first treatment. keytruda is for adults with non-small cell lung cancer that has spread... ...who test positive for pd-l1 and whose tumors do not have an abnormal "egfr" or "alk" gene. it's the immunotherapy with the most fda-approved uses for advanced lung cancer.
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>> dana: from our nation's military to the halls of congress, at least 77 veterans were lected to congress last night according to "the military times." and there remain ten races involving vets that are still undecided. remarkable number. among the veterans who will take the oath of office in january, texas republican dan crenshaw, who lost his right eye while serving in afghanistan. you first saw him here. michael waltz, the first green beret to be a member of congress and pennsylvania democrat chris houlihan. she served in the air force. >> drain the swamp. when we do, americans have greater confidence in everything their congress works on, from
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healthcare to taxes to guns to clean air, clean water, for our children when they know the people's interest will prevail. >> dana: nancy pelosi putting campaign finance reform at the top of the agenda for the upcoming congress in january. balance of power shifting. democrats taking control of the house for the first time since 2011. meredith kelly is the communications director for the democratic congressional campaign committee. she's been a friend of the show. every time you came on here, you had an air of confidence. congratulations. that's what the dccc is supposed to do. tell me about your initial reactions. >> thanks, dana. it is a historic night for the party. we'll move forward with democratic congress in washington, d.c. which is very exciting. we had a great night. what happened was the dccc's strategy worked. we've talked about together building the largest battlefield
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in a decade in terms of the dccc going on offense. recruiting incredible candidates like veterans and cia officers, as well as job creators deep into that battlefield. what that allowed us to do is have multiple paths to the majority. we went through both clinton districts r trump districts, the coasts and the midwest to get to the 23 seats we needed. there's still many seats we may flip in the next couple of days. >> dana: do you think maybe other democrats could learn from the dccc in terms of candidate recruitment and matching up candidates that fit their district? i'm thinking gubernatorial races. stacey abrams in georgia. then you had laura kelly, who won in kansas. much more a pragmatic type. what do you think about that? >> i think that you just named some very inspiring state wide
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democratic candidates. we'll see where all those races end up. on the house side, we are in an often jerrymandered district where you need to cross party lines and step out of the party san ideological boxes to reach crossover voters in order to win. you cannot get to 50% without a moderate independent brand that people trust on both sides of the aisle. that is something intentional for us. >> dana: josh croshire wrote this. trump will thank pelosi if she returns as speaker. i asked mitch mcconnell about this, something we've been seeing for the past couple cycles. this real split between turban and rural areas of the country. republicans crushing it in the rural areas, but the cities
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really belong to the democrats. also the su bushes starting to go to the democrats. is that something you see as a long term trend? was it a one off? >> i do think many suburban communities are becoming younger, more diverse and a little bit more highly educated and those trends often match people that tend to vote democratic. but i don't want to act as though we did not focus on places that were more rural communities, places that president trump won. we went 50/50 roughly on the number of hillary clinton districts that we flipped as well as the number of trump districts that we flipped. we inch into the lower 30s in terms of red to blue districts. we took multiple paths to get this done. >> dana: all right. meredith kelly, thank you. next we'll talk to texas democrat colin allred. president trump's lengthy news conference turning feisty as the president not on went after the
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media but a few in his own party and which republicans will be going after leadership positions in the house. we have information. make a smart choice.
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>> dana: let's impeach him because the country is so successful. has e he done anything wrong? no, but let's impeach him anyway. let's impeach the president then we'll impeach the vice president. these people are sick. do you know what? they have to get their bearing. they have to get their bearing. when you ask about division, they're the ones that cause the division. they cause tremendous division. >> dana: president trump discussing his relationship with house democrats going forward. co-founder and publisher of real fair politics is here. i do want to ask you about leadership races. president trump, you saw him earlier talking about nancy pelosi, she's worked hard, she
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has deserved it. leadership races under way. here's a full screen of all these members of congress, or congress people elect who say they will not vote for pelosi for speaker. almost 24 people. does she have enough cushion to become speaker? >> we're gonna find out. chris mentioned this earlier. must have been some awkward phone calls when nancy pelosi was calling to congratulate these folks. she's trying to convince them to break a promise they just made to constituents. >> dana: that's a hard one. like saying you're going to repeal and replace obama care but not doing it. >> exactly. that's tough. we'll find out. there have been evolving over the past couple years the idea that the leadership is old, stale, to bring in some fresh
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faces. whether they've reached that tipping point, we'll find out pretty soon. >> dana: republicans will have a fight on their hands. majority leader said he is going to run. jim jordan told the hill newspaper, i plan to run for minority leader. show them we deserve to be back in power in 2020. he is a member of the house freedom caucus. do you think he can beat out kevin mccarthy? >> it's going to be a good fight. trump and jordan are close. >> dana: he and mccarthy have -- >> they have a cordial relationship. of the members of congress who got washed away last night on the republican side, and the ones who didn't even run, lot of them were part of the leadership, part of the establishment. paul ryan, peter ross. >> dana: they're not there any more. >> the freedom caucus of the caucus has been strengthened. >> dana: not a member of the
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house freedom caucus, liz cheney announced she will run for house gop chair saying this. we are serving in this house at a hinge point in history. the next two years will shape the key issues of our time. we have a duty to ensure our duties prevail. this is a fight we can and must win. she's already out there saying she wants to help shape the conversation, work on messaging so republicans can win back power. >> i would not put it over on her doing quite well. liz cheney would be a good spokes person. >> dana: it would be liz cheney. lynn cheney would be awesome. very similar names. president taking an unusual step talking about some of the republican members who lost last night. take a listen. >> i'm not sure i should be happy or sad. i feel just fine about it. carlos cubella, mike coffman.
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too bad, mike. mia love gave me no love. and she lost. too bad. sorry about that, mia. barbara comstock, she was another one. she could have won that race. she didn't want to have any embrace. >> dana: what do you think about that? lot of those districts were ones where hillary clinton won. they were trying their best. maybe he's right if he had come to old town virginia and had a rally, it would have been amazing for barbara comstock, but somehow i don't think so. it >>'s something that you never see. to call out losers and if they had on embraced him, things might have been better. >> dana: he did mention dana rohrabacher it goes both ways. >> this is trump trying to leverage his, him, as a force
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within the republican party. he's basically taken over. >> dana: he has, 100%. >> all presidents do. this has been a dramatic reshape. >> dana: he has 95% of republicans behind him, probably 99% after last night. >> dana: all right. tom bevin, thank you. >> you bet. >> dana: hotly contested georgia governors race remains too close to call. georgia law mandates a runoff if neither candidate gets 50% of the vote. peter doocy is standing by. jonathan, how do you think stacey abrams can force this into a runoff? >> reporter: publicly she's very optimistic this race is headed to a runoff. today her campaign announced as of midmorning her republican opponent, brian kemp, was just 15,000 votes above the 50%
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threshold needed to avoid a runoff. abrams said thousands of absentee and provisional ballots need to be counted. she was already campaigning for the potential runoff. >> it is my mission to serve you, to serve georgia, to make you proud. and for those who didn't take me the first time, to change your mind ab me and what we can accomplish together. >> reporter: republican brian kemp stopped short of declaring victory overnight but did sound optimistic. take a listen. >> there are votes left to count, but we have a very strong lead. and, folks -- [ applause ] and, folks, make no mistake, the math is on our side to win this election.
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>> reporter: and this election set new records for a midterm in georgia. more than 60% of registered voters casting ballots. dana. >> dana: thank you, jonathan. moving south from georgia to florida. peter doocy, you're live in naples. is this really going to happen again, a recount? >> reporter: we'll see. bill nelson has not conceded, but has hired an election lawyer and released a very short statement that says just this. we are proceeding to a recount. i'm told nelson never called the republican governor rick scott, who leads by more than 30,000 ballots to concede because the nelson campaign said they think he would win the areas where more than 100,000 ballots are said to be counted. it's up to the republican's secretary of state whether or not to initiate a recount. that happens saturday when his office receives the ballot. the scott team thinks this is
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just for show. this was sepb to me. this race is over. sad way for bill nelson to end his career. he is desperately trying to hold on to something that no longer exists. the scott campaign thought they shut the bill on bill nelson's fourth term early in the night last night. they were confused why the race wasn't called sooner like when ron desantis was declared the winner at the top of the ticket. after deciding a nelson campaign was unlikely, scott took the stage to declare victory. >> this campaign is behind us. that's where we're gonna leave it. at least the campaigns i have been involved in are divisive and tough, and it really was way too nasty. but do you know what? we've done this for over 200 years. after these campaigns we come together. that's what we're going to do. >> reporter: so this is all over a six year term.
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the nelson campaign trying to stretch things out just a few more days. >> i have a quick question for you. you were on this show a lot, all across the network, all across the country. have you been to all 50 states? >> reporter: i haven't. i still need to go to alaska, arkansas, idaho, nebraska and south dakota. i have got four or five. >> dana: you need to do a road trip and cross some off your list. we appreciate all you've done. we'll keep in touch. thank you, peter. a former nfl player will be going to the halls of congress after defeating an incumbent. we'll talk to him about his victory, next. >> for me this is about serving the country. >> the pressure is really on the voters to make a decision. my opponent is electing nancy
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pelosi because she would become speaker. >> dana: scratch that. no commercial. john roberts, are you standing by there with breaking news? >> reporter: we are. this is big. it's about to pop. jeff sessions, the attorney general of the united states, has submitted his letter of resignation. matt whitaker, who is the current chief of staff to jeff sessions, is going to be the acting attorney general. we understand the president asked for sessions' resignation this morning before he came out for that press conference. the letter starts out saying, in response to your request from this morning, i haerb submit by resignation. we have not confirmed yet whether or not matt whitaker, who was the former u.s. attorney for the southern district of iowa and was a candidate for senate in iowa in 2014, will take over the mueller investigation or not. but that is something that we have heard. the president talked about in the past whitaker may be taking
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over from was it rosenstein or taking over in some capacity. we don't know exactly where the russia investigation is going to fall, if it's going to stay with the deputy attorney general or if whitaker will take it over. but the headline, attorney general jeff sessions submitted his resignation to president trump and president trump, we understand, has accepted his resignation. not only did he accept it, but earlier today, lengthy and sometimes crazy press conference, he requested it. so this is the first shoe to drop in changes in the cabinet here as we have come out of the midterm elections. the president has said he is happy with most of his cabinet, but that he did want to make some change. this is the first one. this was widely anticipated. we expected sessions wouldn't last long after the midterm elections. we didn't think it would be a matter of ohours but we know jef
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sessions will exit the department of justice. for the interim, his chief of staff will be the interim attorney general. >> dana: this remind mess of 2006. president george w. bush asking for rumsfeld's resignation. that was supposed to be a big change. you were in the press conference earlier. it was wide ranging. i watched almost all of it. at some point did anybody ask president trump if he expected or had asked for the attorney general's resignation? >> reporter: no. it was talked about in generalities, what he plans to do that with sessions. he said i will have something to say at a later time. now we wait and see what else is coming down the pike. the president expressed privately some concerns about certain members of his cabinet. >> dana: right. >> reporter: there were rumors floating around that the secretary of defense, jim
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mattis, may not be around long after the midterm elections. everybody i hear from the pentagon has said that they don't expect that he would resign. he would have to be taken out by the president. stay tuned. >> dana: john, can you stand by for us there? i'm going to catherine herridge. you have the letter? >> reporter: i have the letter. single page. it dove tails with what we learned earlier today, that the president requested the resignation of the attorney general jeff sessions. i'm going to read it to you. at your q i am submitting my resignation, the attorney general writes. since the day i was honored to be sworn in as attorney general of the united states, i came to work at the department of justice every day, determined to do my duty and serve my country. i have done so to the best of my ability, working to support the legal processes that are the foundation of justice. he continues, embraced your director. we prosecuted the largest number of violent offenders and tkflts
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in our country's history. we did our part to restore immigration enforcement. we targeted the opioid epidemic by prosecuting doctors, pharmacists and anyone else who contributes to this crisis. we have seen results. after two years of rising violent crime, those trends have reversed thanks to the hard work of our prosecutors and law enforcement around the country. the attorney general continues, i am particularly grateful to the fabulous men and women in law enforcement all over this country with whom i have served. i have had no greater honor than to serve alongside them. as i have said many times, they have my thanks andly always have their backs. most importantly in my time as attorney general, we have restored and upheld the rule of law, a glorious tradition that each of us has a responsibility to safe guard. we have operated with integrity and have lawfully advanced the
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policy agenda of this administration. then concludes on a personal note. i have been honored to serve as attorney general and have worked to implement the law enforcement agenda based on the rule of law that formed a central part of your campaign for presidency. thank you for the opportunity, mr. president. it's signed attorney general jeff sessions. so this letter was requested this morning, drafted within the last few hours and then provided to the white house. for some context, dana, forgive me if this goes over some ground you just heard from john roberts. what i heard from my contacts is that there was going to be no movement on changes to leadership at the justice department until after the midterms. the swiftness with which action would be taken would partially be a reflection of how significantly the republicans had expanded the majority in the senate. you know why that is. because this gives the president greater latitude to get
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confirmed the nominee of his choice. so with that expansion, it now seems that the administration has moved quickly to replace the attorney general. the question then becomes, what does that mean for his deputy, rod rosenstein? through my contacts on the hill, there was some concern that if the president chose to terminate rod rosenstein, this could be interpreted as obstruction of justice. by replacing the attorney general, he has the ability to appoint someone who, after an ethics review, may not be found to have any conflict in any russian collusion investigation and could take over the probe an its oversight. correct. >> dana: if you'll stand by, we're going to bring in chris stirewalt and judge napolitano. do you think this is a reflection that the democrats have taken over the house and their investigative desires will be to try to get this
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investigations going and that they were worried that sessions wouldn't back up the president? >> i don't know the answer to that, but i do know jeff session as former jeff session is just as subject to a subpoena from the democrat and house as if he were still there in terms of what he did and what he knew while he was in office. this letter was prepared in such haste it's undated. appears as we speak, he's no longer the attorney general even though they typed this in such a rush, they didn't bother to date it. without matt whitaker, under the law, the person running the department of justice must have been approved by the united states senate for some previous position. even on an interim post. who is that person? rod rosenstein. >> dana: so it's not mr. whitaker? >> the president has taken whitaker and promoted him above rod rosestein.
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>> dana: i have a tweet from the president. we are pleased to announce matthew whitaker will become our new acting attorney general of the united states. he will serve our country well. we thank attorney general jeff sessions for his service and wish him well, exclamation point. a permanent replacement will be nominated at a later date. >> acting attorney general whitaker is a former united states attorney. i think iowa. i'm not sure where. >> i believe that's correct. >> in that context, he was confirmed by the united states senate. but he was not confirmed by the united states senate for a leadership position at the justice department. the white house will have to work this out. who has been confirmed and who's next in line? deputy attorney general rosenstein. >> dana: i mean, i don't know what's going to happen. probably not gonna happen. i'm not in the prediction business. >> i am serving this up for the political master sitting next to
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me. >> dana: i want to ask chris stirewalt. he was the first prominent republican in the country to back president trump. then he lost his support and confidence almost immediately upon taking office as attorney general. >> he served trump astonishingly well. now, the president didn't care for him, but sessions did. he had no choice but to recuse himself. there was no way he could not recuse himself on that case. in terms of executing the duties of the office, in terms of implementing the plan 2016, he was captain maga. when it came to immigration, drug addiction. sessions was fearless and relentless prosecutor of the president's agenda. >> dana: you two stand by. i have got john roberts still here. i believe you're with me from the white house. we have this tweet from the president. do you know, the president asked for this resignation this morning. i'm assuming he planned to do so as catherine herridge said her
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source said this could happen quite swiftly. the president, not one to wait around. he gets things done pretty quickly. >> reporter: not a lot of dust that gathers on the top of the shoes. no question about that. we knew that session was probably headed for the door. we just didn't think it was going to be so quick. the president when he was asked about poepb changes in his cabinet, already knew that the letter of resignation from jeff sessions was going to be coming over to the white house in all due haste. the president asked for it this morning and in the letter, sessions says, as you requested, i am submitting by resignation. what we don't know, we're trying to piece this together now. we have had one source say whitaker will take over the russia investigation from the deputy attorney general rod rosenstein. rosenstein was given the russia investigation, you'll remember, when --
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>> dana: right. >> reporter: -- general sessions recused himself. maybe that whitaker takes over. we have not confirmed that on this side of pennsylvania avenue yet, but we are working to and will get back to you as soon as we do. >> dana: i believe you have another bit of information to help us piece together this sorry. you heard something this morning that might be a clue? >> well, when you think back to the president's press conference, he did talk about the russian investigation. it did have to do with -- house republicans have been pushing very hard to get these records declassified. i believe it was in september the president sent out a tweet saying that he was behind the move and called for the immediate declassification. then did an abrupt reversal. when we heard the news conference today is that the president is pushing ahead on this issue now and he said he didn't want to do it prior to the midterms because of the
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opticsist, quite frankly. i know through my contacts is that whitaker has been a quiet supporter of this declassification. just to remind you and the folks at home what records we're talking about. it's 19 pages of the fisa surveillance war ran renewal. this was in june of 2017. this was the one that was signed by the deputy attorney general rod rosenstein. his critics say it represents a conflict of interest, as well as fbi interviews with bruce orr. he was a back channel for the dossier. as well as exculpatory evidence, evidence which conflicts with the russia collusion narrative and republicans have maintained that that was not provided to the national security court and should have been at that time. >> dana: all right. if you could hold there. senator chuck shumer has spoken about this at a press conference he was holding. let's listen. >> i say this.
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protecting mueller and his investigation is paramount. it would create a constitutional crisis if this were a prelude to ending or greatly limiting the mueller investigation. and i hope president trump and those he listens to will refrain from that. >> dana: judge, what do you think about that? >> this is the tip of an iceberg. supplementing what catherine said. we haven't seen it with those 19 pages. british and israeli intelligence -- president himself revealed this, dissueded him from revealing those documents. there are a lot of fingerprints in there and more than meets the eye and the president did the 180. said he was going to leave it up to the inspector general to advise him as to whether the document should be released. now that's been below the radar screen in the leadup to the
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midterms. >> dana: tell me about the process then, chris. the president, presumably, he has a nominee in mind. said that nominee will be named at a later date. >> could you? >> dana: are we breaking any other news here? i can't take it! >> obviously, don't want to go during a lame duck because he said he wants the larger majority. we don't know what's happened in arizona yet and we don't know what's going to happen in florida. the margin will be larger. in the new senate, there not going to be a bunch of pushovers. you think colin, marco rubio, ben sass are going to say, put rudy giuliani in there. they'll still have to meet a high bar. >> his champion in the senate today, lindsey graham, said a few months ago that would provoke a constitutional crisis. >> dana: let me ask you. could lindsey graham be a candidate for attorney general?
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>> yes. >> yep. >> he would clearly be confirmed very quickly. >> dana: senators tend to give -- >> seems like he's had a lot of fun. i don't know. the new lindsey the lion is a fun new character. >> dana: i do, from a communication standpoint, understand why the president didn't make this news before the press conference because it would have been the on thing he was asked about. instead he took questions on a wide range of issues. so much to cover. great time to be in news. anything the president should be concerned about, judge, as he embarks on this decision? >> the optics that he might be interfering with the mueller investigation are very, very serious. he'll begin to lose republican support if there's evidence to support those optics. >> dana: even after last night? he's got a stronger position. it >>'s not that much stronger in terms of having people who just roll over. he handled the fbi director appointment well. i suspect if he does this in the same way and finds somebody that's reliable, it will work.
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>> dana: we miss having colin allred on, congressman from texas 32. we'll have him on again. but we had breaking news with the attorney general resigning from his position at >> shepard: continuing coverage as the attorney general, jeff sessions has resigned. a replacement is at the ready. the ramifications are many. reporting begins now from capitol hill. justice, the wise house and beyond. first to the man that broke the story, john roberts live on the north lawn. john? >> only by virtual of our terrific producer at the department of justice, jake gibson who said he had information. we got it confirmed. so the president this morning asked for the resignation of jeff sessions. this was before he went in to that sometimes crazy press conference that was scheduled for 11:30 a.m. he knew that there was going to be a

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