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tv   Outnumbered Overtime With Harris Faulkner  FOX News  February 18, 2019 10:00am-11:00am PST

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>> kennedy: you! great long and short-term goals. >> carley: i'm so happy to be here! this was a lot of fun. >> kennedy: now we rejoice in an hour well spent. we will be back here at noon eastern tomorrow. here's melissa francis in for harris. >> melissa: fox news alert, political and legal battles mounting in the wake of president trump's national emergency declaration setting up for a fierce fight ahead. this is "outnumbered overtime," i'm in today for harris faulkner. democrats slamming the president's use of executive power and california and other states announcing plans to sue over the declaration. but the white house is strongly defending the decision. here is director of strategic communications, mercedes schlapp, this morning. >> we feel that we are on strong legal grounds in pushing forward to declare this national emergency. it is the obligation of this president to provide the safety of americans in the
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united states, and he is upholding his duty. >> melissa: but democrats aren't backing down. senator tammy duckworth criticizes the move this weeken weekend. >> frankly, i think there are enough people in the senate who are concerned that what he is doing is robbing from the military and the dod to go build this wall. it's really not even the best way to fight the crisis. that there is one at the border. >> melissa: lets go left a chief white house correspondent john roberts for more. >> melissa, good afternoon to you. it's presidents' day and there are a lot of people who are not at work today. many of them have taken to the streets at cities across america. he could probably hear somebody on a bullhorn behind me. -- this is that lafayette park directly across from the white house. they insist of the opposition to the president's emergency declaration is a purely political. here is stephen miller, the
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president's chief policy advisor on "fox news sunday" yesterday. >> i guarantee you this -- if donald trump says he's invoking the construction authority to build a security perimeter in ir afghanistan or around a military installation in syria, there would not have been one word of objection from congress. this is defending our own country. >> you mentioned some lawsuits that are on the way. public citizen has already it filed a lawsuit. the aclu and california attorney general javier becerra and others are planning to bring lawsuits against the declaration. democrats in congress planning legislation before they return from this week's recess to block the decoration is low. he was the chairman of the house intelligence committee, adam schiff, talking about that. >> this is the first time a president has tried to declare an emergency when congress expressly rejected funding for the particular project that the president is advocating. >> white house officials believe they are on solid legal ground
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with the emergency declaration that white house attorneys and attorneys at the doj spent weeks going through all of this. and if congress does pass legislation to block it, the president may veto that legislation. that would be his first veto. keep in mind, about half of the money that's been identified by the president so far can be gotten without that emergency declaration. this is money from the treasury department's forfeiture fun, it's money that is included in antidrug efforts from the pentagon, and then there are some other pots of money that have to be either transferred over using reprogramming authority or then when you get to the military construction money, that is money that needs to be tapped using the emergency declaration. here's what mercedes schlapp from the white house said earlier about how the president can get access to that money. >> those pots of money, we can start building immediately. we can start working with our contractors. the president met last week with
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the general from the u.s. army corps of engineers to get this process going. the president wants to move fast. he recognizes that this problem has been festering for decades. >> so, melissa, we look at these various pots of money -- she's got the $1.73 billion from congress. that's to build 55 miles of fencing. then he's got $601 million from the treasury forfeiture fund. he can get that to me daily. that he's got about $300 million that is currently in the antidrug pentagon fund. those pots of money, really, nobody else can touch parade they can't really argue too much about it. when the president starts to reprogram money from the dod -- that's about $2.2 billion -- that's when congress will likely start to get upset. because many members of congress want that money in their own districts. when he goes after the military construction budget, bar the door. >> melissa: terrific analysis they are on that. thank you so much. coming up, we have more in our
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top story from special assistant to president trump who is not a member of the trump 2020 advisory board. i'm going to ask him if he thinks declaring a national emergency was the right move, with respect to the 2020 campaign. that's about 15 minutes away. >> the discussion of the 25th amendment was simply that 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. >> melissa: former acting fbi director andrew mccabe in an interview on "60 minutes" last night, saying deputy attorney general rod rosenstein floated the idea of secretly recording and potentially removing president trump from office. now the president is lashing out, tweeting today, "wow it, so many lies by disgrace acting fbi director andrew mccabe. he was fired for lying, and now his story gets even more deranged. he had rod rosenstein, was hired
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by jeff sessions -- another beauty -- looks like they were planning a very illegal act and got caught." chief intelligence correspondent catherine herridge's live in washington with the latest. catherine? >> thanks, melissa, and good afternoon. when you take a deep dive, there are inconsistencies between the "60 minutes" interview and congressional testimony. over how far discussions went on the 25th amendment. on "60 minutes," mccabe said the deputy attorney general rod rosenstein raised the issue 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 from october shows former fbi council james baker who worked alongside mccabe
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and was part of those discussions. he testified behind closed doors about the conversations with mccabe, and another for a lawyer, about what exactly rosenstein said. baker told house investigators he believed rosenstein's 25th amendment efforts one further. fox news has confirmed sections of the baker transcript. "i had the impression that the deputy attorney general had already discussed this with two members of the president's cabinet. and that they were on board with this concept already." house republicans who got the testimony from mccabe and other senior fbi and doj officials over year, city of concerns and still wanted to be that of the beer after his old boss james comey was fired by the president. >> any mccabe was 1 of 4 people to walk into the oval office and interview with donald trump to become the fbi director. so how do you go from, "i think of the russian government committing treason," to eight
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days later, "i think you're committing treason, but i would sure love a job working for you every day." >> he also told "60 minutes" of the conversations about rosenstein wearing a wire ended immediately, saying baker had a "heart attack" over the proposal. but baker testified under oath that the wire discussions went beyond one meeting, lasting a couple of days. for context, that transcribed interview with baker behind closed doors on capitol hill -- if he lied or misled investigators, there are criminal penalties for doing so in that case, melissa. >> melissa: thank you for setting that table for us and putting all the facts out. we are going to follow up on that right now. let's bring in a congressman andy biggs of the house judiciary committee. that is, of course, the same panel where former fbi lawyer james baker testified last fall about the senior doj officials' discussions about invoking the 25th amendment, with which
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catherine herridge said prelim ask you -- how does we heard from andrew mccabe on "60 minutes" track with what james baker told your committee? >> i think what james baker said, one got the impression that this was really serious, it was an active effort, and it was an effort to subvert the will of the american people. it was conspiracy, in some respects. what mr. mccabe said in 60 minutes yesterday, but i got from that is that it was kind of preliminary. not as serious as one -- look, you come away from the james baker testimony and say, "this was really serious." they were seriously considering wiretapping the president, and that they would be people who might have already been contacted in the cabinet to see if there was the will to invoke the 25th amendment. that's the difference. he's downplaying a little bit. he didn't downplay it at all, it seems very serious.
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>> melissa: what were his sources? was hearing this information from mccabe? was he hearing it from rod rosenstein? i know lisa page was a piece of that, too. was he hearing this from? >> the testimony indicated it was mccabe and lisa page. don't forget, she was the attorney for mccain. they would have been right there. of course, it becomes hearsay because they had talked to rod rosenstein. i don't recall mr. baker saying that he had heard it directly from rosenstein. >> melissa: if you listen to the interview last night, one of the things that really struck me was that mccabe really hung it all on rod rosenstein. he was like -- "i was sitting in this room, and i thought, "how did i get here?" rosenstein is the one who's almost thinking out loud about this idea of invoking the 25th amendment. kind of drawing mccabe in. is that the way at the picture was kind of painted to you guys in the committee by james baker, or is this kind of a new way of framing things?
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>> that's not really the way i took it from the baker testimon testimony. i took it really that rosenstein was a big instigator, but that mccabe was in there, as well. don't forget, anything that andrew mccabe says is now taken with suspicion. he has been -- he is a proven liar. he is a known liar. so his credibility is always going to be questioned. i'm trying to figure out why he is kind of softening anything -- but what he softening is always his role in what was going on. that's what he was doing. that seems consistent with somebody who hasn't really been truthful or honest to his own agency and to the american people. >> melissa: also, when the interview last night -- he sort of backed away from these other two people were in the cabinet who had been reached out to come or who were in theory onboard, potentially, with the idea of removing the present. he said, "oh, i don't know."
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as we heard from catherine herridge, it sounds like james baker thought it was a much more advanced on that front. you think he knows who the two people where? do those two people really exist? i don't know -- how do we find that out? what was your impression of that situation? >> i think you are spot on. i think baker indicates very clearly that this is a very serious thing. it's ongoing. he talks about the discussions for rosenstein wearing a wire, taking several days. and he implies -- he doesn't imply, he states -- that he understood basically that rosenstein is already counting votes. on the other hand, mccabe is basically saying, "look, i don't know what was really going on. he said it, i don't know." he is, again, softening what was happening. in any way you look at it, this is a very serious situation. probably unprecedented in american history. maybe the biggest scandal in american history, when you got the highest levels of the police state talking about ways to
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effectively overthrow the elected president. >> melissa: did they clarify why? that's why -- with the collusion of russia, he just said his capacity and his intent as president. but did james baker say it was because of the russia thing or because of thinking that he was crazy? what was the reasoning for removing the president? >> what i took from it is, quite friendly, that they were upset regarding the relationship with the president and economy. comey's firing. that they viewed that as indication that he is not capable of governing. >> melissa: congressman andy biggs come i you for coming out. i appreciate it. great insight there. congresswoman alexandria ocasio-cortez still celebrating amazon's decision to ditch plans for a new headquarters in new york city. during the week and speech in the bronx, she said that new yorkers deserve dignified jobs and shouldn't have to
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settle for "scraps." but new york congressman peter king disagrees with that analysis. >> this is a disaster. an absolute disaster. it's almost like putting a sign up that you can't do business in new york. nothing is ever perfect, but in this case, this was as close to a deceiver going to get. if joe crowley was still congressman, i wouldn't have happened. as a leader of the democratic party new york, andrew cuomo has a sanity's people. he has to take the progressive left that they can't take over his party and take over the city in the state, which is what's happening. >> melissa: david lee miller joins us now with more. scrap jobs -- they were good salaries. >> some state significant. we have two members of congress offering different perspectives on plans to open open the sequs in your city. peter king describes, as we just heard, a disaster. alexandria ocasio-cortez sees it
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as a victory. speaking saturday at a ceremony at a local school, alexandria ocasio-cortez never mentioned amazon by name but it was clear she was talking about the internet retailing giant when she did mention unacceptable jobs. >> we need to create dignified jobs in new york city. jobs that pay well. jobs that contribute to community. jobs that are part of a moral economy. >> ocasio-cortez and her supporters rejected the deal for a number of reasons, including $3 billion in tax breaks. congressman peter king fired back during a radio interview saying that revenue from amazon would have improved the area's overall economy. >> they are working people. the bartenders, the waiters, the people who benefit from this pair the cabdrivers. it's a lot. this whole phony arguments that they are getting $3 billion in incentives? that was all negotiated. >> meanwhile,
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mayor bill de blasio pointed the finger at amazon for not being willing to have a meaningful discussion with critics. >> let's be clear -- no one chased away. this was amazon's arbitrary decision. >> and what does amazon have to say about all this customer well, a spokesman for company since congresswoman alexandria ocasio-cortez is invited to tour their facilities and see for yourself how the company treats employees. they say they offer excellent pay and benefits from the first day on the job. you might recall, melissa, that in greek mythology, amazons are strong powerful women. arguably what we have here is one amazon taking on another. >> melissa: oh, my goodness. david lee miller, thank you. meanwhile, fox news has learned that ceo jeff bezos briefly considered buying the "national enquirer"'s parent company for $1 billion and closing down the tabloid after it exposed his extramarital affair. but he and his confidantes ultimately deemed it too risky.
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bezos has accused the "national enquirer" of trying to blackmail him after obtaining some intimate photos. allegations the ceo david parker has denied. with an already packed primary field, joe biden and bernie sanders inch closer to announcing their 2020 bids. we'll discuss the impact they could have on the race, which already has a growing diverse list of competitors. plus, a stunning twist in the case of actor's jussie smollett. why chicago police are now shifting the focus of their investigation. ♪ your mornings were made for
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>> former vice president joe biden appearing to inch closer to jumping into the already crowded 2020 democratic primary field, slamming president trump's treatment of european allies at a security conference over the weekend, among other things. in the meantime, senator bernie sanders also getting close, reportedly filming a 2020 campaign announcement. so what impacts what they have on the race? draining me now is boston globe political reporter james pennell. thank you so much for joining us. first of all, a lot made up of the general's age. and it was time around we were having the same conversation about 2016. is that a factor? it's not like president trump is a spring chicken. >> [laughs] true. among democrats, they may be affected. as you know, we are in a moment of generational change when democrats are looking to much younger people, looking to see what's fresh and what's new. you know, the selection takes
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cline basically after the for a generation. so now people are wanting to see what is fresh. they are looking on derek tell mike younger, but at the same time, you will like joe bernie sanders are up there. democrats really want to win. if either one of those guys can make that argument that they are the ones who can beat trump, i guess it'll be better for them in the primary. >> melissa: it's interesting point. the clintons going off, all the sudden there has been this explosion of candidates that have come out. i'm sure it's very healthy for the party to kind of look into every corner. appealing to young people doesn't necessarily mean that the candidate has to be young himself. those one of the most surprising things about bernie sanders' appeal the last time around. that is following was very young. they liked his ideas. who do you think he would be the biggest threat to? who would he take away from come bernie sanders? >> in terms of the primary? yeah, look -- this is a contest
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right now we can see that we are not quite sure where the wings are. if there is an establishment lane, if there is a moderate lane, or anyone else jumping in and the left wing lane. certainly prisonlike bernie sanders is going to have to contend with elizabeth warren this will come to at a new hampshire. they both neighboring senators. neighboring states. ideologically, of course, very much aligned when it comes to a lot of the income inequality with the economic populism issues. they may differ when it comes to foreign policy or other topics. but that's really that he's going to either take with him or be threatened by her. >> melissa: looking at joe biden, a lot of people say that he has turned so many times before and he has got done for so i would be different this time? does he fit a niche that doesn't exist right now on that side? is there somebody who is more moderate or is possibly more appealing on a national scale
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across party lines once he got out of the primary? >> you will look at folks like michael bloomberg, who clearly was a republican and was in the dependent who will be making arguments. he will have much more crossover appeal. but right now in the polling -- again, this is basically largely name i.d. and has nothing to do with the fact of where people stand on positions, but democrats do know who joe don mike joe biden's, of course. and they think that he currently poses the best shot to be donald trump. when joe baden don mike biden has been running for president every time since 1980, elect two major things. it wasn't name i.d., particularly 2008. it was an inability to raise money and inability to create a political infrastructure previewed might believe that right now we could do both, but i remind you, he wasn't able to in 2016 when hillary clinton inherited the obama infrastructure and the money. i'm not so sure he could do it right now, either. >> melissa: interesting. we will watch. james pindell, thank you. we appreciate it.
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former democratic congressman anthony weiner now released from federal prison after serving 15 months behind bars. he was originally ordered to serve 21 months in prison for sexting with a minor print he will not survive his or her many months at a halfway house in new york city. he is scheduled for a full release in may. the fight over president trump's national emergency declaration ramping up and made continued backlash and legal challenges, but could the trump campaign use the border wall show down to its advantage in 2020? we'll talk about that with the president's former special assistant, and that's max. ♪ alice loves the smell of gain so much, she wished it came in a fabric softener too.
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greater oversight on social media companies. greg palkot's live in london with more. greg? >> tough words from u.k. politicians about facebook, melissa. "digital gangsters." that's about as tough as you can get. the commission of an 18 month long report study by a u.k. parliament committee saying that facebook's corporate structure designed to "conceal knowledge of responsibility on specific decisions regarding fake news, disinformation, and wrongful targeting of data and users." they particularly slammed ceo mark zuckerberg. the city failed to show leadership and personal responsibility. remember, he showed up before a congressional hearing last year. he refused to come over here to the u.k. to speak before this parliamentary committee. the probe was spurred on also last year by where that this u.k.-based firm, cambridge analytica, swiss miss using facebook data for the trump campaign. but there are questions also
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about russian meddling and the brexit campaign, for example. another election campaign. doesn't target exact laws put in place, but mentioned some guidelines. they're pretty tough digital privacy rules here in the u.k. and the e.u., rules that aren't also being looked at right now by the u.s. also, efforts to politicize the digital cyber space being looked at on both sides of the pond. as for facebook, we got a bit of a reaction to today's release from the committee. they say they share the committee's concerns about false news and election integrity, and they say they are open to meaningful regulation. there could be more coming again from the u.k. in the u.s. and what could be another tough year for the tech giants in 2019. back to you, melissa. >> melissa: greg palkot, thank you. the white house defending president trump's national emergency declaration amid fierce backlash. one of the president --
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using it to go my supporters. pointing out the terms team is also don mike already fund-raising over his showed i democrats. let's bring in the former assistant to president trump, marc lotter. former prosecutor for vice president pence, member of the term of 2020 advisory board. think of you joining us. is that true? is it already a foot deli fund-raising issue for a camping a camping question at >> we often send out emails telling his comp assurance of things he's doing to fight with democrats. actually, to deliver on the things he promised he was going to deliver to the american people. >> melissa: i wonder if when you're creating strategy and he lays out of the court is granted challenge and cope this goes to the circuit and the supreme court in bolin, do you worry that it galvanizes the left? because it puts that focus on the supreme court and how important it is to have your president in office who can nominate judges. >> when you look at the democrats, they are radicalized
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and their bases always radicalized. they wake up every morning that president trump is in office and they are against that. anything that he says, does, or believes in. i'm not worried about energizing the left. what will do, though, as it will be another example of the president delivering on the promises he made. that is really -- it's not integration. if you paid attention to the 2016 campaign, that was one part of the president's argument. he was about fighting for making jobs, fighting for american workers, and in bad deals that put us at a disadvantage on the international stage. he delivered on those promises. he's going to highlight that in 2020. the things that he has delivered, the 5.3 million jobs. but is also going to talk about where he wants to go in the future. that's what this will be about. >> melissa: people make the argument that a move like this is great for president trump with his base, but it alienates the people in the margin who feel like it's a bridge too far -- it's president to overreach to declare that national emergency that he had. it's only that one piece of money that he gets from the
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national emergency. this shows going too far in alienating people in the middle. how do you respond to that? >> that puts the pressure on us to better communicate. when president clinton called the day national emergency about conflict diamonds being imported from africa, or investment in angola being a national emergency, i don't disagree with every those decisions. was it an actual threat to our nation or its citizens? no. it was the right political action or the right policy decision to make. so the use of a national emergency is a legal mechanism to be able to get the things done that we need to get done. because of the president is doing. >> melissa: in the way that you just said that, "this is a threat?" and makes it sound like all the people coming over the border are a threat to our security. i understand the drugs and the mules on the drug trafficking and those that are coming with bad intentions. but that sets up the president to then be next to pictures of people who are trying to immigrate here because they either want a better life for they are facing and security
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back home. to save his people are a threat makes it sound very -- and makes the president sound hostile. again, it hurts those folks in the middle. >> one of the things is that we need more illegal immigration to our country. we have more available jobs right now than we do unemployed people for the first time in the history of our country. >> melissa: you don't have to convince me. what would he do to show that? he said that during this evening union, which is great. "i want more people to come here than ever before, i just want them to do the right way." what action could they take? people doubt that he needs that. >> i think he can continue to call on congress. it will be up to congress to try and change those immigration laws. that is something presidents of both parties have been called for, and congress has refused to do it. >> melissa: they do to do that you don't like job. marc lotter, thank you. a stunning twist in a crime against "empire" actor, speech health. now chicago police say they no longer consider him a victim in
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the case and want to interview him again. we have a report ahead. ♪ stop fearing your alarm clock... with zzzquil pure zzzs. a drug-free blend of botanicals with melatonin that supports your natural sleep cycle so you can seize the morning. zzzquil pure zzzs.
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go to, or call 1-855-newdayusa. >> melissa: a vigil held in aurora, illinois yesterday for the victims of friday's deadly shooting at henry pratt company. five crosses were laid in front the manufacturing facility. one for each of the victims, who were all employees of the facility, including an intern who was on his first day there. at least 11 others were hurt including five police officers. the alleged gunman was shot to death by police at the scene. new developments in the investigation into the alleged hate crime against "empire" actor, jussie smollett. chicago police say they no longer consider him a victim in the case and are seeking a follow-up interview. mike tobin's life in chicago with the latest. mike?
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>> the statement was issued a short time ago saying that smollett will not submit to this follow-up interview police are suggesting from them, at least not today. the statement says smollett's lawyers are of maintaining an active dialogue with police on his behalf and they will issue no further public statements today. over the weekend, police said smollett is no longer considered a victim. police stopped short of saying he is a suspect involved in a hoax, but police did say they have new information and want to bring smollett and for more questioning. this follows police detaining two brothers from nigeria. the source save the medical operated. on the most police sources said the men were paid by smollett to sage stage the attack and they even rehearse it. they had a receipt for the rope that was allegedly put around smollett's neck. they say the evidence developed through their interrogation was enough to let the brothers go. >> my guys are watching dominic
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walking home, they are not charged. they are not subjects in this case. >> did jussie smollett set this up? >> there still a lot of moving parts to this. >> police have been communicating today. for the most part they are just repeating statement, that they've gotten information and they want to bring smollett in for questioning. melissa? >> melissa: let's bring in ted williams, former washington, d.c., police detective. thank you for joining us to. would you make of this? >> let me just say this -- alluding to be read news alert. jussie smollett will never go in for another interview with law enforcement. it doesn't take rocket science to know there was something significantly smelly about this whole incident. on january 29th, at around 2:30 in the morning, he is coming from a subway. he went to get some food. and here are two guys saying,
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"empire, empire." and they attack him and say "make america great again," use the kind of linkage. and put a noose around his neck. he goes to the hospital with a noose around his neck. this smelled from the beginning, melissa. then what they found, with these two nigerian brothers. they left the country, by the way, the day after this incident. they came back into the country. law enforcement officers initially separated them. they got confessions from both of these guys, and now they are using these guys and a grand jury against this guy, jussie smollett. >> melissa: you say he will never go into another interview? can he avoid that? >> absolutely. if he was interview, yes. what happened is that he is now moving from being a victim to a suspect. once you become a suspect, you are advised of your miranda
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rights. at that time you do not have to make any further statements. >> melissa: what do you think comes of this? i don't know what kind of charges he could face in the area if he did make it. do you think that they would go that far, to go after them at that point? >> absolutely. you can expect that the chicago police department will throw the book at this guy if the evidence is presented. that is that he would be looking at lying, during the course of an official police investigation. that is a class four felony. he's looking to up to three years on that charge alone. i would have to believe when they release those two nigerian brothers that they agree to cooperate -- meaning those brothers -- and it wouldn't surprise me if they had them to try and put into small smolletn order to corroborate. >> melissa: it's a sad story no matter how you slice it. i appreciate your time.
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a former top house republican says that former acting fbi director andrew mccabe should be on trial, not on a book tour. after his explosive claims in a "60 minutes" interview, our power panel away and, next. ♪ ♪ when cravings hit, hit back. choose glucerna, with slow release carbs to help manage blood sugar, and start making everyday progress. glucerna. so, i started with the stats regarding my moderate to severe plaque psoriasis. like how humira has been prescribed to over 300,000 patients. and how many patients saw clear or almost clear skin
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>> dana: hi, everyone. i'm dana perino. peter doocy caught up with cory booker in new hampshire just moments ago. he would tell you what booker is now calling a lie. plus we have a new statement from jussie smollett's lawyers about whether or not he will talk to authorities today, after the case took a major turnover to begin. and president trump firing back at andrew mccabe in his "60 minutes" interview. got all of that and on "the daily briefing" ." >> melissa: back now, one of our top stories -- republicans are slamming former fbi acting director andrew mccabe after explosive claims to 60 minutes that deputy attorney general rod rosenstein was furious about secretly recording the president and floated invoking the 25th amendment. now former house oversight committee chairman jason chaffetz writing in a fox news op-ed for the first time that he was active directory of the fbi. he of all people knew the rules, the law, any other responsibility to tell the
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truth. he had come his own colleagues found that he lied. in fact, he accomplished something federal employees rarely accomplish that she was ultimately fired for his offenses. now he's on a book tour. he should be under prosecution privilege bring in our power panel. capri cafaro. and republican strategist ash. what do you think? >> he should be at least under investigation from the senate. i think he's right that he should be investigated. he has lied over and over again, and it's basically -- what is boiling down to is finger-pointing between the number two at the fbi in the form an average of the department of justice. to department that should be trusted by the america people hippie or having to determine who is lying after each department. i do think you should be under investigation and should be prosecuted. >> melissa: person, elizabeth wants a something different. she fixed the 25th amendment -- i think we have the test of the
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25th amendment seems like it made sense in the situation. of its prefer for me to read. they go. "my point is that if they believe he cannot fulfill the obligation of his office, if the constitution responsibly to invoke the 25th amendment. their loyalty under laws not impersonally commenced with the constitution of the united states into the people of united states." capri, in the interview he never said why it was that they thought the president should be removed. >> that was my big take away. i think there are two very stark differences between what i think a lot of the american people have certainly reviewed this 25 minute conversation, it's a whole different issue of whether or not even. if it did, there is a difference between wanting to invoke the 25th amendment because you just don't like donald trump, because you are a sore loser, or whatever the reason. or if you actually have a bona fide concern about his abilities to execute his duties as president of the united states. and to prove those things with
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facts. there are two very separate things, here. unless we know which one was the motivating factor, i don't know that we will ever be able to determine whether or not it was appropriate or not. remember, the guy is on a book tour. there is some conflicting statements here. he goes down to 60 minutes and says, "yeah, we talked by the 25th amendment," but then his team wants it back? in the justice breyer reiterated rod rosenstein singh didn't happen. so who knows? >> you look at all the denials, they don't actually deny the same thing. there is a way for all those things which repair the talk about extended conversations about the 25th, and he says, "we didn't authorize anyone to wiretap." i don't know. there are people saying it's proof of the deep state. senator chris coons is this not reflect the deep state. listen. >> it's alarming that there were barely folks at the highest levels of our government considering whether our president is unfit to serve. i don't think this, frankly,
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rises to the level of some deep state conspiracy or a serious attempt at what senator graham called an administrative coup. >> right, so that the democrats thing. what this proves is that a lot of people close to the president think it's crazy or can't do the job. >> yeah, but this is individuals that were hanging around from the obama era inside that the fbi. and they obviously had some sort of vendetta against the present. when they went in to the president in may, it's clear from this that we know it all started in happen prior to the conversation of bringing the president. and that's where the conspiracy is actually -- you know, drawing in and creating the illegal activity that needs to be under investigation. >> i'm glad you brought that up, there was another interesting point about all this. he reframes that conversation that was had in trump tower. telling the president, "hey, by the way, you have james comey flying here and saying you're not a target of the investigation. we just want you to know." at the same time, before that
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they are considering taking him out of office. doesn't it change the light that you look at all those conversations under? >> it certainly can. any time you get more information that will inform and shape the previous information that you had. to her point, it's one of the reasons why there does need to be an investigation. we don't know whether or not there is anything here to rise to the level of prosecution, but democrats have said time and again in the house that they have a constitutional obligation for oversight. the senate republicans have the same. i think a fair investigation is warranted. >> melissa: thanks to both of you. i appreciate your time. more "outnumbered overtime" in just a moment. we will be right back. newday usa helps veteran homeowners get cash
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cosentyx is proven to help people with moderate to severe plaque psoriasis find clear skin that can last. don't use if you're allergic to cosentyx. before starting cosentyx, you should be checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. see me now. i'm still clear. how sexy are these elbows? get clear skin that can last. ask your dermatologist about cosentyx. >> melissa: thanks for watching. i'm melissa francis in for harris faulkner. "the daily briefing" with dana perino starts right now. >> dana: fox news alert. it's 2 p.m. in new york and we're following several developing stories.
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the white house vowing to defend president trump's national emergency declaration to build a wall in congress and court. north carolina officials launch a hearing to determine the fate of a congressional race left uncertain amid allegations of voter fraud. and the latest developments in the jussie smollett case as new questions arise about what really happened. i'm dana perino and this is "the daily briefing." president trump spending president's day in florida, where he is set to make a speech on the situation in venezuela. back in washington his administration is preparing to fighted back against any challenges to his emergency declaration on friday to free up $8 b


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