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tv   Americas Newsroom With Bill Hemmer and Sandra Smith  FOX News  March 26, 2019 6:00am-9:00am PDT

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book called "point of view." >> check it out. and make sure you watch us tomorrow. wefm -- we'll go over the final four. the people that were most wrong. >> bill: battle lines drawn. top republicans want to see adam schiff lose his leadership post. democrats refusing to back down from investigations and one of the president's biggest political foes is facing federal charges all in 24 hours. good morning, everybody. for the next three hours we'll be with you. good morning. >> sandra: what a morning this is shaping up to be. a trump critic and attorney michael avenatti said he will be fully exonerated after federal prosecutors charged him with extortion and bank and wire fraud charges as special counsel's mueller investigation declares no collusion. one thing is clear, democrats are not ready to let the issue go so easily.
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>> this was a massive attempt to frame the president of the united states and to hijack the american elector yat peter strzok is involved and needs to be prosecuted. >> what will i do? i'll use every tool available to me to make sure the public understands how their president could be accused of working with a foreign government when there is really no basis in fact. >> this was a tremendous, tremendous victory for the president, a tremendous victory for the united states of america. it was a tremendous victory frankly for our system of justice. >> president trump: a lot of people out there that have done some very evil and bad things. i would say treasonous things against our country. those people will certainly be looked at. >> sandra: the "new york post" cover summing the mainstream media coverage as mueller madness with trump's legal team calling for some apologies. >> bill: team fox coverage from
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every angle. andy mccarthy standing by with analysis. we begin with catherine herridge live in washington, d.c. >> bill: good morning. there are growing calls for the democratic chairman of the house intelligence committee adam schiff to resign. back in 2017 he read huge chunks of the dossier into the congressional records and a higher standard for lawmakers who put information into the record as to its authenticity and credibility. this morning mike turner said this on cnn. >> i do believe that adam schiff's leadership of the intelligence committee is compromised. i believe he needs to step aside. his leadership is compromised. >> former c.i.a. director john brennan is saying he believes he was the recipient of bad information upon which he made his public statements about the president and the former
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director intelligence, james clapper, is also appearing to dial back his accusations. >> no, i don't. and i have put that in writing in my book as well. i have concerns and as do others. and i have tried to be factual and temperate and moderate about it but i do have concerns. no, i don't have any regrets. >> these newly obtained text messages between f.b.i. lawyer lisa page and former acting f.b.i. director andrew mccabe are raising new questions and they show in mid-december 2016, three weeks after the presidential election, strzok was advised by clapper that he planned to meet with brennan and brennan's deputy. within a minute of that text mccabe replied okay. what's important here is that cohen is likely then deputy cia director david cohen.
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it was highly irregular for clapper to contact strzok who is at a much junior level and share information about a meeting that would normally take place with then director comey. we're reaching out to all the parties to understand what happened at the meeting and whether there is some significance to the russia collusion story. >> bill: it is remarkable stuff. thank you for leading us off in washington >> sandra: he went from representing stormy daniels to reping one of the kavanaugh accusers to a possible 2020 presidential candidate and now he is facing wire and bank fraud charges and decades behind bars. >> the investigation in new york. one in new york and one in california. the new york one started and ended in a matter of two weeks after federal investigators were tipped off by nike that attorney michael avenatti was trying to squeeze the company for millions of dollars in hush
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money payments to keep him from going public with damaging information about nike. he was arrested yesterday in new york city outside the law offices for nike and later appeared in federal court to face charges involving extortion. avenatti appeared before a federal judge who released him on a $300,000 personal recognizance bond, surrendered his passport and placed on pre-trial supervision. avenatti tweeted this minutes ago. contrary to nike's claims yesterday they haven't been cooperating with investigators for over a year unless you count lying in response to subpoenas and withholding documents as cooperating. they are trying to divert attention from their own crime. avenatti's tweet included a 2017cbs sports article that said their youth basketball team was subpoenaed by the f.b.i. two years ago. he met with nike lawyers last week and threatened to hold a press conference so detrimental
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to niek' that it would drive down the stock price if they didn't agree to give him more than $20 million. a co-conspirator in the new york case, it is criminal defense attorney mark geragos known for representing celebrities and high-profile clients. this all amounted to a good old-fashioned shake down. avenatti is best known as the lawyer who represented stormy daniels, the porn star who claims she had an affair with president trump. a claim the president has denied. at the same time, the new york charges were announced the u.s. attorney in los angeles also announced bank and wire fraud charges against avenatti for allegeding defrauding a bank through fakes tax returns and embezzling money from a client. they said they could have arrested avenatti last week but wanted the charges unsealed at the same time and wanted to make sure the arrest went smoothly. >> sandra: a lot to take in.
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>> bill: andy mccarthy, former assistant u.s. attorney and byron york, fox news contributors. gentlemen, good morning to you. a "wall street journal" piece by james freeman. the headline. mueller and the obama accounting. the former president now owes the country an explanation for the historic abuse of government surveillance powers. andy, let's start with you. he had to be curious as to what was happening in 2016. what does the law say? >> more than curious, bill. unlike -- i feel sometimes like when we make that distinction between counter intelligence and criminal investigations people's eyes glaze over. a criminal investigation, which is done to try to develop a case that you are going to prosecute in court to vindicate the rule of law in judicial proceedings is the kind of thing we don't want political interference in. counter intelligence, this is what we're talking about the trump/russia investigation is a
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counter intelligence investigation. those are done for the president. the only reason that you do counter intelligence investigations is so the f.b.i. as our domestic security service to support the president's constitutional duty to protect the united states from foreign threats. that's why you do counter intelligence. the president's investigation. >> bill: two days later we haven't heard from him. i anticipate we will. the president earlier today. here is the tweet. the mainstream media is under fire being skornd all over the world as being corrupt and fake. for two years they pushed the russia collusion delusion when they knew there was no collusion. they truly are the enemy of the people and the real opposition party. democrats want to report to be made public. republicans want adam schiff to step down. where are we on that today? >> first of all the president is not going to let this go. he was falsely accused for two years on this and he has been exonerated on the issue of
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collusion and he is going to talk about all those people who falsely accused him of that time. there is zero chance that adam schiff would step down as the chairman of the house intelligence committee but what we're seeing on capitol hill now is democrats are walking back from the whole collusion accusations they've been making for two years. nancy pelosi had a meeting with top democrats on monday night. they decided to just drop the whole collusion thing and move on to their legislative agenda. what they will do, i think, is compartmentize their investigation. the investigative chairmen will conduct the investigations but the house leadership will talk about healthcare and rural broadband and other issues and try to act like some of this never happened. >> bill: i got home last night and turned on the tv and i sat there watching all this flipping from all the stations and listening to all analysis and thinking about what we've been talking about for two
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years. so many things, they come back to your mind. the helsinki summit. everybody said putin must have something on him. john brennan was one of the first to react on twitter with a scathing review of the press conference and now he says he had bad information. >> if you think about it, the f.b.i. went to the fisa court with sworn as they say verified applications, four different times, in which they said to the fisa court, the f.b.i. believes that the trump campaign is complicit in what they had described as russia's interference, the cyber espionage operations against the 2016 elections. if the f.b.i. was under oath telling that to the fisa court, that was what that government believed. that is what the obama
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administration, whether it was because they wanted it to be true or they deluded themselves into it being true. if they went in and told that to a court, of course that's what they believed. >> bill: byron, what do you come back to? >> i think what we are going to see in the future. you played lindsey graham saying this before. republicans will try to find out how did all this get started? we still don't really know what happened. and the whole dossier issue will be explored more. we haven't really heard from christopher steele. we know robert mueller interviewed him. don't know what was said. the hope that the dossier, if you remember, alleged a broad and deep conspiracy between trump and russia to fix the 2016 election. now we know that robert mueller says that did not happen. and republicans are going to look, how did this get to be such a big deal? remember, the f.b.i. and the intel chiefs briefed the president, barack obama, and
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the president elect, donald trump, in january 2017 on the dossier's findings. this was a huge deal and republicans are going to go back and try to find out how this all got started. >> bill: thank you, gentlemen, good to have you on with us today. byron york and andy mccarthy. >> sandra: another great lineup on tuesday morning. we're going to be hearing from senator john kennedy. he will join us in just moments. kellyanne conway, advisor to the president will join us in a short time and congressman brad wenstrup along with jerome corsi also claiming vindication following the mueller report summary. as byron york laid out he is seeing democrats move away from this whole collusion thing and move on with their legislative agenda. republicans not so much. they aren't going to let this go. we'll talk to senator kennedy about all that. >> bill: big show coming up. that's the point we're making now.
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stay tuned. >> sandra: more breaking news. awaiting a big hearing on capitol hill after the pentagon takes bold new action on border security sending a billion dollars to help build the president's border wall. congressman mark green will join us on that. >> bill: israel and hamas exchanging heavy rocket fire. benjamin netanyahu cutting his washington trip short. what will happen next there? >> sandra: vice president mike pence firing up aipac crowds calling out the 2020 candidates who skipped the annual event. john james will weigh in on that next. >> let me be clear on this point. anyone who aspires to the highest office in the land should not be afraid to stand with the strongest supporters of israel in america. [applause]
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still fresh... ♪ unstopables in-wash scent booster ♪ downy unstopables >> bill: another day of fighting now between israel and gaza.
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watch the story. israel retaliating for hamas rocket attack by bombing targets inside the gaza strip. all this forcing benjamin netanyahu to cut short his trip at the white house. with me is john james, iraq war veteran. welcome to our program. you have a lot to say on this from the oval office yesterday here is the president on what's happening with the golan heights and the security he believes israel needs today. >> president trump: today aggressive action by iran and terrorist groups in southern syria, including hezbollah, continue to make the golan heights a potential launching ground for attacks against israel. very violent attacks. any possible future peace agreement must account for israel's need to defend itself from syria, iran and other regional threats. >> bill: it's a significant headline for this part of the world. lindsey graham writes trump's golan decision is moral and
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strategic. the vicious regime in syria should not be rewarded for trying to concur israel in 1967. what is your take on what happens next? >> i tell you point blank we cannot trust the assad regime to have the best interests of our israeli allies at their best interest. iran is enabling hezbollah and hamas and wreak terror and havoc all over the middle east. we need to stand by israel. our vital ally in the spread of democracy across the region and peace in the middle east. >> any thought of returning it to the aggressor would be morally wrong and dangerous. when you look at the golan heights, it is a point of military conquest for syria in the past and a place that israel watches constantly on a 24-hour basis. in the meantime you were at
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aipac last night and vice president pence said the following yesterday at that gathering. >> as i stand before you, eight democrat candidates for president are actually boycotting this very conference. so let me be clear on this point, anyone who aspires to the highest office in the land should not be afraid to stand with the strongest supporters of israel in america. >> bill: you were there. what was your experience? >> the experience was great. it was a bunch of americans, black, white, jewish, christian, all coming together in our support for the making sure we maintain our alliance with israel. i believe the leader of the free world must make sure it's public alliance with israel stays strong forever into the future. i stand by israel. >> bill: do you believe this relationship has been fractured especially when you hear from some on the far left recently?
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>> when you hear people condemning hate and failing and remaining silent on anti-semitism it is a tone deaf blunder from the left in not addressing this explicitly. anti-semitism has no place in the world and especially not in the united states of america. >> bill: steny hoyer said we have more than just three freshmen congress members, we have 60 plus. john james, i hope you come back from washington today. thank you, sir, for coming in today. >> sandra: we all remember this line from the obamacare roll-out. >> if you've got health insurance, you like your doctor and you like your plan, you can keep your doctor and plan. nobody is talking about taking that away from you. >> sandra: that was then and this is now. what the white house is doing to wipe president obama's landmark health law completely off the books. plus conservative critics calling out the media and some
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democrats for their handling of the mueller investigation. our a-team will take all that up next hour. >> this is the absolute most severe political scandal that has happened in my lifetime and maybe in the nation's history. of the united states mint. and as one of the largest us gold coin distributors in the country, us money reserve has proudly served hundreds of thousands of clients worldwide. there may have never been a better time to start diversifying your assets with physical gold and silver. and right now, it's easy to get started. just pick up the phone and call toll free to request the complete guide to buying gold with hundreds of pages of important information. don't put it off another day. call now. - of all my years involvement with buying gold, it's only gotten better in my faith in the company, u.s. money reserve. that's the company i do business with,
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the biggest week in television is almost here. xfinity watchathon week. starting april 8th, enjoy free access to the best shows and movies from hbo, showtime, epix and more. what! whether it's more jaw droppers, standing o's upon standing o's or tv's biggest show stoppers. get more into what you're into. get ready to watch with xfinity x1 or the xfinity stream app. xfinity watchathon week. free starting april 8th. boop! >> bill: some passengers flying from london to germany got there by way of scotland. the british airways flight mistakenly landed in edinburgh. it accidentally reached dusseldorf. >> sandra: at what point did everybody realize they weren't actually --
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>> bill: this does not look like germany. like the travel lottery. fun for a day perhaps. where will we end up? >> sandra: everybody is okay. they will see everybody off to their destinations. >> bill: scotland is beautiful, by the way. i would take that. >> sandra: yes. >> bill: you know i would. >> sandra: that was something. trump administration backing a federal judge's ruling saying the affordable healthcare law should be thrown out. a move that could ultimately kill obamacare completely. kevin corke is live from the north lawn. kevin. >> very interesting. d.o.j. is siding with the district court ruling that is saying not only is the affordable air act unconstitutional they take particular aim at the idea of pre-existing conditions. let me share part of a d.o.j. statement that we have. this will lay out the argument at least in brief. they're saying the department of justice has determined that the district courts comprehensive opinion came to the correct conclusion and
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support it on appeal. look for more court battles. the d.o.j. previously argued that the law's pre-existing protections should be struck down. now the administration is arguing that the entire law should be invalidated. let me share what the dnc has to say, part of the democrat's statement. for nearly a decade republicans have tried and failed to kill the aca. this moves them one step closer to throwing the financial security and peace of mind of millions, not to mention one of the largest sectors of our economy, into a tailspin. as you can imagine over an capitol hill democrats aren't sitting by quietly for this. here is the presidential hopeful thought about it, kamala harris. >> i feel very strongly that supposed leaders should stop playing politics with people's public health. people want to know that pre-existing conditions will not be a barrier to them receiving the healthcare that they need. and i think this is a critical
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matter and we shouldn't be playing games with it. >> shouldn't be playing games. i do want to share this. i got this a moment ago from nancy pelosi, the house speaker. she said in part the trump administration decided not only to try to destroy protections for americans living with pre-existing conditions but to declare all-out war on the healthcare of the american people. clearly the white house doesn't feel this way. they are being very careful about how they are approaching this, sandra. they want this to work its way through the courts but they do feel very solid on their footing that this is unconstitutional and as they take this all the way probably to the supreme court they believe they will be found to be in right stead, sandra. >> sandra: we'll ask the white house more about this a short time from now when kellyanne conway joins us. >> bill: senator mitch mcconnell forcing democrats to go on the record as the senate gets ready for a preliminary vote on the green new deal. we'll take you there live. did you see this interview?
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>> this was an attempt to take out the president of the united states and we don't have to go much further than the texts of peter strzok. first an attempt to prevent him from becoming president and then an insurance policy to take him out if he was the president. >> sandra: republicans clearly going on offense following the release of the mueller findings saying they want to investigate the entire origin of the investigation itself. senator john kennedy is on deck. he says it is time to move on. we'll hear from him next. >> some of my democratic colleagues have two speeds, hostile and smart ass. it's time to move on. might be a willie nelson song that says turn out the lights, the party's over. pain and swell. the psoriasis. cosentyx treats more than just the joint pain of active psoriatic arthritis. it even helps stop further joint damage. don't use if you're allergic to cosentyx.
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you've got stocks moving at home in the midst of the head winds from overseas, i'm an amateur, smitty is the professional. my evaluation. the fed came out and said they'll relook at their policy to up things. now there is a consideration they might actually make a cut later in the year. how am i doing so far? >> sandra: might make the case this is natural volatility in the markets. a couple down days and maybe a little bit of a relief rally here. the dow up 210 points. we'll take that. >> bill: sold off for a few days. >> sandra: a couple minutes into trading on tuesday morning. we'll check back in. >> chairman of the judiciary committee. i do my job very responsibly. this committee will allow mr. barr to come forward. i stood by mr. mueller because i believe in the rule of law. there is politics and there is the rule of law. so to suggest that if you are a republican and that you want trump to win somehow you can't do your job is absurd.
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>> sandra: senator lindsey graham saying the attorney general is willing to testify on the mueller report as republicans are ready to turn the tables announcing plans to investigate whether the obama justice department and the f.b.i. sought to influence the 2016 election. let's bring in senate judiciary committee member john kennedy. senator kennedy, appreciate your time this morning, sir. i know you feel pretty strongly about what we've learned here and where democrats plan to go from here. so what is the offense plan for your party? >> well, first one of the facts i think, sandra, that has been lost so far in this discussion is how thorough the mueller effort was. i know now why it took two years. 500 search warrants, they interviewed 500 witnesses, 2800 subpoenas, 40 f.b.i. agents. this thing was a cross between
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an endoscopy and a colonoscopy. after all this effort mr. mueller said there was no collusion. the obstruction of justice seemed like a closer call but didn't recommend an indictment. as far as i'm concerned, this is over. in terms of the hearings at judiciary, if our chairman wants to conduct hearing i will attend and ask questions. i would respectfully suggest, as a pre-cursor to that, that the president declassify all documents pertaining to the f.b.i.'s involvement in the 2016 election. because here is what i believe. i think the f.b.i. is the premier law enforcement agency in the history of the world but i think there were some bad apples over there. there may still be. i think some of them acted on
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their political beliefs. some tried to hurt trump. some tried to hurt clinton. all i want from those people is away. we need to get rid of them. if the president will declassify those documents and let everybody see them, who did what to whom and who tried to manipulate the election, then the american people will be able to make up their mind and i would like to see that done first. >> sandra: what we now know is that senator lindsey graham, chairman of judiciary on which you sit is calling for a second special counsel. he wants to turn the tables and begin an investigation of his own. do you support him in that call? >> i think step one is to release all the documentation. the president has the power to declassify the documents. now, that doesn't mean that you don't go through and scrub out any information that would get somebody killed. but you can declassify all the
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documents of the f.b.i.'s involvement in 2016. how did the investigation of president trump start? how did the investigation of secretary clinton start? what was the attorney general's involvement? what was mr. comey's involvement? just release the documents and then let us all see them. let the american people see them. i trust the american people to figure this out for themselves. that's never been done and the president has the power. he said back in september he was going to probably do it. now is the time. >> sandra: i hear your call to democrats to let this go, to move on. >> let it go. imagine, sandra, what we could accomplish. if we focused all this energy and passion on trying to reduce the cost of health insurance in america, on trying to reduce our debt, on trying to balance the budget, on trying to cut the waste out of spending. on trying to contain china's
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rise in a peaceful way. imagine what we could accomplish. i don't want to see two more years of did the russians try to influence the election. they did. >> sandra: we put together this, this is some ranking democrats still responding to the mueller report and still it does not appear it is over for them. listen to this. >> i think that mueller report was clear the president is not exonerated. >> anybody who says at this point we should be satisfied with a very partial cliff notes rendering of the report is someone who doesn't want us to know the complete truth about what took place. >> russian actors with the backing of mr. putin waged a sophisticated campaign of misinformation to influence the outcome of our elections. the american people deserve to see the documentation. >> sandra: what does it tell you how democrats plan to move forward? >> here is what i would do if i were king for a day and i don't aspire to be.
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number one, i would declassify all the documents pertaining to the f.b.i. and its involvement in 2016 election. let the chips fall where they may. then after the american people saw them and congress, i would turn to my democratic friends and say folks, here are the facts. now it's over. everybody knows what happened. let's move forward. the ball is your court. now, if the democrats don't want to do that, if they want to act -- no disrespect i say it gently, like a bunch of meat heads and try to beat this thing to death i can assure you on the republican side there will be a response to that but at this point -- >> sandra: i'm sorry to cut you off. we're trying to understand. what will happen by way of hearings? we know there was this phone call with senator lindsey graham and william barr around the noon hour yesterday. it came out, william barr said he is willing to testify before your committee. is that a case? >> yes, step one is to release
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the mueller report, mr. barr is going through it now. >> sandra: will we see james comey sit down before your committee? >> don't know. that's lindsey's call. step one is release the report. you have to take out all references to the grand jury materials. it's against to law to release those. after we do that mr. barr needs to release the report and then mr. barr is certainly welcome. i hope he does come to judiciary. we can all ask him any questions we want. then i would like to see the president declassify all the f.b.i. documents of anybody who is involved in the 2016 election. the investigation of trump started with someone. the investigation of clinton started with someone. it may be that all roads lead to james comey. if that's the case we ought to bring mr. comey back after we have all the documentation and say what counts is what people do, not what they say. now we have the documents. what's the deal? >> sandra: all right. senator john kennedy, always
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appreciate you are coming on "america's newsroom." >> bill: scary moment. boston red sox spring training. tough to watch. >> oh, that hit him. >> that is the pitcher deflecting his ball off his head. knocked him down but he got right back up and appeared to be okay, even carried a smile when he was standing. players and coaches and trainers rushing out to get him. you can understand their concern on that. he stayed in the game for that spring training ballgame. tough guy. red sox got a good one. opening day this week. i have got the reds opening up on thursday at home with your pittsburgh pirates. go reds. >> sandra: we're awaiting a big hearing with the pentagon after the defense department takes bold new action on border security sending $1 billion to fund the president's border wall. congressman mark green shares his thoughts with us next. >> bill: also he has been a leading figure in the anti-trump movement. now michael avenatti could be
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facing decades in prison on extortion and fraud charges. this was a stunner. howie kurtz and how the mainstream media handled the coverage of avenatti and how they've handled the mueller probe coming up. >> i'm highly confident that when all of the evidence is laid bare in connection with these cases, when it is all known, when due process occurs, that i will be fully exonerated. e same quality of customer service that we have been getting. being a usaa member, because of my service in the military, you pass that on to my kids. something that makes me happy. being able to pass down usaa to my girls means a lot to both of us. he's passing part of his heritage of being in the military. we're the edsons. my name is roger zapata. we're the tinch family, and we are usaa members for life. to begin your legacy, get an insurance quote today.
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by the pentagon? what will it do for border security? >> i think it's great. another 57 miles of fence. we know fences work. that argument is settled. clearly the president has the authority to do this. i think the guys at the pentagon know that border security is national security and they understand their mission is securing the nation, making sure that we win our nation's wars and they're strong enough not to ever have to fight a war. so border security is national security and they are doing their part. >> bill: you support this move clearly. if you put the billion from the pentagon from overnight with the 3.6 billion for military construction projects you are at $5 billion. >> that's a lot of fence. >> bill: are you at the point where the president was looking for, that number? >> his initial number was 5.7. i think so. >> bill: what about lawsuits, could they get in your way? >> we know that they will attempt that. right now the concern is getting the border secure and
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we have to move forward as quickly as we can to do that. i believe and i've said before it is a national crisis. i agree with the president. 300 americans dying every week of heroin overdose. 90% of the heroin coming across the southern border. it is a crisis and the right response. >> bill: i know how you and your republican colleagues feel about it. do you believe democrats are coming around on this in the same way? >> talking to some of those democrats in trump districts many of them are ready to move on. they have to go back to their constituents and say they're for border security. so the conversation, they're tired of having it. i think there are some coming over to our side on this issue. >> bill: when you say move on, move toward where you are or move on to something else? >> they don't like the conversation. it puts them in the cross hairs of people who want to see them removed from office. >> bill: let's see what happens on that. in the meantime, the mueller fallout. it is significant. not yet had a chance to talk to
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you about this. i want to hear a little thing from adam schiff in the cross hairs of a lot of those on the hill. watch. >> there are a lot of open questions. why did the russians offer dirt on hillary clinton? why did the president's son say he would love to have that help? why did they set up a meeting and trump tower and keep it secret? these questions haven't been answered by the summary we got from bill barr. >> bill: where are you on what we learned? >> i think adam schiff should step down as chairman of the house intel committee. many times he mentioned there was credible evidence he had seen and verified. after a two-year lengthy investigation by a very respected prosecutor, we have no evidence of collusion. in fact, probably the only collusion has been between the liberal media and dnc to throw the 2020 election. very clearly there was no collusion, adam schiff has been
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talking about evidence. he is the chairman of house intel. his policies on evidence before his committee. this is ridiculous. he needs to step down. it's bad. we don't know a conspiracy theorist running our house intel committee. >> bill: a lot have called for that. i don't expect it will happen, do you? >> no, it probably won't. but our speaker needs to step up. this is about the credibility of the united states house of representatives. the credibility of the house intel committee. hopefully she will do it but they haven't acted that way so far in this session of congress. >> bill: last point on all this, 500 witnesses. 675 days. senator kennedy was describing why it took so long. once he saw the list of subpoenas, the amount of interviews conducted he figured this is why. and now when you see the conclusion and the summary report by bill barr, do you stop and ask yourself what in
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the world was this all about? and furthermore, what was the original sin? where did this start? >> well, it sounds like it started at the dnc and them creating some dossiers and things like that to justify the fisa warrants. we probably need some investigation into the other side and what happened there. i don't know that will happen in this congress. >> bill: you are getting that already at the i.g. two probes are underway at d.o.j. >> that's right. that's excellent. we look forward to hearing from them. >> bill: mark green, thank you for your time today. maybe in a month or two we'll see what that reveals. >> sandra: now new fallout from the college cheating scandal. yale taking action against one student whose family paid 1.2 million to get her anticipated at the ivy league university. we'll bring you that story next hour. >> bill: women in space. it will have to wait.
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>> bill: nasa's first all-female space walk scrubbed because of a wardrobe malfunction. they were scheduled to go on the historic mission friday but both needed the same size space suit and there was only one on board the national space station. one of them will have a walk with a male astronaut on the space walk come friday. we'll postpone that one. ladies day in space will be delayed for the moment. >> sandra: they had a wardrobe malfunction but it will eventually happen. >> bill: it will.
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shame they had to figure it out 240 miles above earth. take two. >> sandra: midwest still dealing with record flooding and more wet weather on the way as farmers see $3 billion in lost crops and livestock. mike tobin is live in waverly, missouri with more. >> flood levels, the river here about an hour east of kansas city is right about at its crest. people here in this area are glad to see the sun shining and hoping the crest of the river doesn't get higher. morning anything they're hoping the levies home. starting last friday farmers and members of the community have been pitching in to run sandbags to the levy. the army corps of engineers considers a levy at risk if the water is two feet from the top. we're seeing levies without an inch to spare and army of volunteers pitching in backbone and sweat to make sure the water doesn't make it over the top. >> a long three days.
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with everybody it has been a long three days. everybody got together real well and worked as a great team and been resilient and persistent and it's worked out very good. >> at the nearby high school the kids got off school on friday to 6th grade and started filling sandbags. worked through the weekend and filling sandbags today. they go on flatbeds and pickups and out to the roads and where this never-ending convoy of gators pick them up and haul them to the levy. all volunteer and in the farm towns everybody has skin in the game. the sheriff of carroll county said if the levy failed in the section we were at yesterday you were talking about 30 miles of farmland that would get flooded. the forecast calls for rain on thursday. >> sandra: a difficult situation for so many. as we saw communities coming together. mike, thank you. >> bill: former c.i.a. director john brennan blaming bad information for his attacks on president trump regarding
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collusion with russia. >> i don't know if i received bad information, i suspected there was more than there actually was. >> bill: will the naysayers including the mainstream media apologize for its coverage. we'll talk to kellyanne conway next hour live from the white house as the next hour rolls on right after this. >> i don't know how for egregious a travesty of justice you can find than this. and then the realization that everybody involved knew it.
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>> sandra: fox news alert. a new reaction from the mueller -- to the mueller investigation as both sides continue to react to the findings of that much-anticipated report. welcome to a brand-new hour of "america's newsroom," i'm sandra smith. >> bill: democrats demanding the release of the full report as adam schiff feels the heat from top republicans. calling for him to step down as the house intel committee chair after he insisted that there is still evidence of collusion between the trump campaign and russia. >> sandra: now some in the gop are demanding answers on how and why this investigation started in the first place. >> did they exonerate clinton because they had a political bias? did they ignore all the facts because if they indict her they know she can't beat trump and they wanted trump to lose? was the counter intelligence investigation a back doorway of spying on trump? there is really no evidence of working with russia, they used
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it as an excuse. >> it is very important we go back to how it all started. let's get the reams of documents and senator graham, let him do a real investigation and let's get to the bottom of it and hold people accountable and the time is now. >> we found in the last congress and the things that i've released. three transcripts i've released, there will be more. go to point out there was a problem at d.o.j., there was something. we've got a mueller report now the headlines of that and we'll see the report later that there was no collusion. the biggest lie told in a long time and we showed there was no obstruction. >> bill: more from washington from the hill. >> mitch mcconnell drew this conclusion from the special counsel robert mueller probe. >> two years, thousands of subpoenas, hundreds of search warrants, hundreds of
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witnesses, millions of taxpayer dollars, and these are the findings, madam president. no collusion, no conspiracy, no obstruction. >> house speaker nancy pelosi arrived a short time on capitol hill and reiterated her call for the mueller report to be released. she told reporters impeachment is not on the table until it's on table. senate democratic leader chuck schumer is pushing for release of the special counsel's work. >> it's self-evident overwhelmingly in the public interest for the mueller report to be released to the people. the american people simply want the truth. each american, if he chooses or she chooses, can read the report for themselves and draw their own conclusions. >> there were people like house intelligence chairman adam schiff who made bold predictions about collusion with russia that didn't pan out in the mueller report. a house intelligence republican says schiff should step down as
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chairman. >> i believe he needs to step aside. his leadership is compromised as i was saying for three reasons. one, he has stood in front of the american people and said things that weren't through. attacked his fellow republicans on the committee and divisive in saying things about the republicans on the committee that aren't true. >> chairman schiff does not act phased. >> more than used to attacks by my gop colleagues and i would expect nothing less. >> this is the first full day back for congress. expect plenty more special counsel robert mueller report fallout today. >> bill: mike emanuel watching it all. >> sandra: a big hearing is set to begin any moment now as the pentagon makes a major move toward border security authorizing up to a billion dollars to build a 57 mile wall on the border. lucas tomlinson is live with more. >> acting defense secretary
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shanahan wants to take the money from a pent began counter narcotics account. there isn't a billion dollars in there and funds will have to be moved around. the announcement came late last night. many lawmakers on capitol hill are skeptical. shanahan will be in the cross hairs of the democratic majority on the committee. republicans question taking defense department dollars to pay for the president's wall. responding to a dhs for more money and support shanahan says the $1 billion will build nearly 60 miles of wall in yuma, arizona and el paso, texas, the southern border is nearly 2,000 miles long. he is authorized by law to construct roads and fences and install lighting to block drug smuggling corridors across international boundaries of the united states. >> back in 2014 we had the crisis with unaccompanied alien children that in 2016 it changed to family units. and children. and now today it's still continuing to increase so it
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has not stopped. for us it is a humanitarian crisis. >> in addition to border questions, some lawmakers will be asking shanahan to provide more money for missile defense, cut in the 2020 defense budget. last night the missile defense agency says it successfully shot down a ballistic missile designed to look like one from north korea or iran. two interceptor missiles fired from an air force base in california hit the test missile in space. the hearing should go until noon this afternoon. we'll let you know if there is anymore fireworks. sandra. >> sandra: lucas tomlinson at the pentagon. thank you. >> bill: back to our top story now. both sides making the case about what needs to happen next post mueller report. bring in america's a-team. charlie hurt fox news contributor. jessica tarlov fox news contributor and brian brenberg from kings college. welcome to all three of you. rush limbaugh was hot on fire. a sample on radio.
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>> this is the absolute most severe political scandal that has happened in my lifetime. a dossier that was fake, it was made up, it was never corroborated, never validated, and it was used as one of the highest secret courts in this country to get warrants that were renewed four times to spy on donald trump and related members of his campaign and his family. >> it's a mouthful. >> bill: it's something that we're all trying to digest at the moment. what about what he said is wrong, if anything? >> i think what happens here is the longer this goes on, you see -- we're trying to ask the question will democrats back off from this? the answer looks like no. they are sticking with it. the longer this goes on, more and more the question comes around fisa, the beginning of
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this investigation, all of the shady activity going on there. that's good for republicans. i don't think democrats are seeing the longer they stick with it the more the tide turns and it becomes republican momentum heading to 2020, not democratic momentum. >> i think parts of that are true. but if we look at who on the democratic side had actually campaigned for instance on the issue of impeachment or collusion, it is very few people. some vocal folks like maxine waters and al green but democrats were running on healthcare and the economy and how we did so well. as for what rush was saying there i heard that from a number of people yesterday. if you want to look into the fisa process, i think that's fair game. i know that is happening but when people speak like rush was speaking about this and ignore the fact there were contacts between russians and trump officials and hopefully we see the actual mueller report to understand the case he laid out on both sides on obstruction of
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justice and no collusion ruling. why were trump officials talking to russians and lying about it? i understand that foreign entities do contact people in campaigns. where were there so many lies? >> sandra: you're not letting it go then. >> what am i supposed to let go? i would love to see the mueller report. >> bill: you have been working washington and you know the passing conversations happen all the time. >> sure. and we see it throughout. in a situation like this where you have somebody who is doing an investigation like this you can determine all kinds of things that raise all sorts of questions. the bottom line is i don't think anybody would doubt that robert mueller put everything he had into this investigation. he came up with what he came up with. i don't think that you can really dispute that. but again, when i think about why did i get into the newspaper business? i got into the newspaper business because i wanted to hold officials accountable for abuses of power. and when you look at what was an abuse of power in this situation you had a sitting
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president's administration using the most powerful espionage apparatus on the planet to spy on political opponents in the middle of a political campaign at the height of a presidential campaign. that is the only -- i can't think of anything else that comes anywhere close to the seriousness of that. that is watergate, the pentagon papers, everything rolled into one. yet you had 99% of the media just ignoring all of that and focusing on this other thing about russia collusion which we know was -- >> bill: a lot of times these claims were made they went unchallenged. here is one example. the guy who used to run the c.i.a. now, john brennan explaining yesterday. >> i don't know if i received bad information but i think i suspected that there was more than there actually was. >> bill: that's just one of probably hundreds and hundreds
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of comments going back. >> my complaint about somebody like adam schiff. he had to have seen this information. i would like to trust the democratic leader in the house on that. i want to trust that he will be honest about this stuff. clearly he was not. he saw this as a partisan thing and he refused to take the evidence as it was. instead tried to twist everything in order to beat up trump and republicans. >> not only you want to trust him. shouldn't there be accountability when someone in his position is that egregiously wrong over and over again? the question then becomes for the actual leader of the house democrats, what is she going to do about that? what role is she going the play in making sure there is accountability in her party? >> sandra: we had a guest last hour growing calls for adam schiff to step down as fr* his position of the house intel committee. >> i would like adam schiff and people who said they had evidence to collusion to present that evidence. i have said from the start of
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this two years ago that bob mueller is to be trusted with this and he knows everything. he knows more than anyone could possibly know who is on an intel committee. and i would love that information to be presented to us and people can make their judgment. but for the argument to become now that this was just an abuse of the trump campaign, which i think we can all agree that if jim comey hurt anyone in the 2016 election it was hillary clinton and not donald trump. and the fisa warrant on carter page was a reupping of something. a man who claimed that he was an agent of russia. these are not inoh center here. what we're trying to figure out here if we're comfortable with the fact that trump and his campaign officials were useful idiots of the russian federation. that's what's going on here. >> bill: remember helsinki and putin and trump and how he was blasted by everyone at every corner. said putin has to have
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something on him. that was not a natural reaction for a u.s. president to have at a summit overseas. now you look in reverse time. why in the world -- it was all about commentary? >> he said i didn't interfere in the election. the mueller report is explicit that russians did. >> but the allegations that putin was dirt on trump and laid him out for the whole world to watch. >> you are making this just about politics. it is not about politics, for two years it has been about the president's ability to govern an real issues with a cloud hanging over him. that is harm to the trump presidency. forget about political ramifications. it is pure governance and policy. he has been ham strung. americans deserve the chance to see him govern outside of the cloud that's been on top of him. >> 38 indictments that came down. the russian trolls won't go to jail. you have mike flynn and a
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campaign manager. unsavery characters to say the least and people who committed crimes. cohen might have a campaign finance violation where the president was trying to insure the american public didn't know what he was doing days out from when they went to cast their vote. president trump is not a victim. and republicans push back and we're talking lindsey graham -- >> he is on the conspiracy question. >> sandra: what a week it has been. >> it's only tuesday. >> sandra: happening as michael avenatti, big trump critic, represented stormy daniels and a kavanaugh accuser. he was at one time considered a potential 2020 presidential candidate. >> bill: and there were people on tv who endorsed him and said you have to stop and look at this guy. >> i think this underscores everything we've been talking about. the facts didn't matter
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throughout any of this. and sure, jessica, you can bring up a lot of little data points but they don't amount to anything. you take a guy like this. the only thing this guy had going for him was he was a slick talker and he was willing to bash the living daylights out of president trump and say the wildest things and everybody was like yay, let's give this guy a microphone. >> sandra: charged with extortion and fraud, faces up to 100 years behind bars. this is involving the publicly traded company nike. jessica, he was taken very seriously by the media and somebody did a tally. >> 108 times he was on. i have never thought much of michael avenatti. i have thought a lot of stormy daniels and the case that she laid out and what she was presenting there. but i don't know anyone who was serious -- even if you are going down the rabbit hole of we need a celebrity to counter a celebrity. the people i know talking about
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that are talking about oprah and mark cuban and not michael avenatti. who goes to extort a lawyer from nike? >> avenatti was taken incredibly seriously. at the end of last year he was a high-profile figure who the press had on repeatedly to ask for his opinion and they treated hit as credible. this is an indictment of the state of the press in this country that he is now in this situation and he was -- >> he wasn't making up the stormy daniels story. >> bill: he was making up stories about bret kavanaugh and a central figure over the past year was the most significant, important, substantial debate republicans and democrats have had over the past year which was the supreme court nominee. >> bill: let's leave it there. charlie. nice tan, look good. here in new york we're pale as
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closets. we won't see the sun for two more months. kellyanne conway is here live and next hour we'll talk to conservative author jerome corsi how he evaded the trap of bob mueller. >> sandra: prime minister netanyahu cut short his trip in washington >> bill: the green new deal heads to the senate floor in a matter of hours. even democrats say they will not vote yes. why is that? charles payne explains coming up. do your asthma symptoms ever hold you back? about 50% of people with severe asthma have too many cells called eosinophils in their lungs. eosinophils are a key cause of severe asthma. fasenra is designed to target and remove these cells. fasenra is an add-on injection for people 12
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>> i'm confused, i am. as soon as this thing was put out there a lot of the presidential candidates jumped on it. were for it. beto got in the race and started off his first day saying hey, we'll -- we've got 12 years to deal with this thing. there is a sense of urgency. they should be thanking senator mcconnell. thank you for putting this first and foremonths. if we don't address this now the whole world will implode in a dozen years. a lot of folks now are a little worried putting their name to this. all the dems will vote present. by the way also overnight president obama sort of warning his fellow democrats lurching too far left. when president obama, former president obama starts to warn about that, you may want to worry about that yourself. >> sandra: you think it was a direct reference to -- >> bill: without a doubt. undoubtedly a direct reference to the green new deal and to sort of speaking off the top of the head. not doing the math.
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not having necessarily your priorities right. >> bill: who are you going to make the most of your next 12 years then? if that's all you've got. >> bill: if i thought i had 12 left i probably wouldn't be in the studio now. >> sandra: now we know the trump administration is asking a court to throw out the obamacare law in its entirety, charles. >> this is very intriguing. the lower court said it is no longer constitutional because the mandate to pay a penalty, a fine, congress got rid of it. it changes the dynamics of what the supreme court voted on. it is great political fodder also. the republicans really want this particularly folks who voted for president trump on the other side of this because it's the entire thing. we know those parts that have become very popular, you know, in keeping the kids on until they're 26 and pre-existing conditions. if you get rid of the whole thing you get rid of that, too. you better have a plan b ready
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to go immediately. i think that's where republicans ran into trouble before. >> sandra: here is kamala harris and what keeps her up at night on obamacare. >> one of the main things that people worry about is whether they're going to have access to affordable healthcare and the affordable care act brought healthcare to tens of millions of people that otherwise didn't have it. i feel very strongly that supposed leaders should stop playing politics with people's public health. people want to know that pre-existing conditions will not be a barrier to them receiving the healthcare they need and i think this is a critical matter and we shouldn't be playing games. >> sandra: i see you shaking your head. this is where they're going now. >> the bottom line it didn't live up to its promise. it reerected the deck chairs on the titanic. you have the same amount of folks who didn't have coverage. the states who bought into the medicare part of it.
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insurance, a lot of people didn't get insurance. a lot of folks lost insurance and they lost their doctors and small businesses did become a major impediment to job creation. there is a way to have a great, healthy economy and also to keep the citizens of america healthy at the same time. >> bill: hundreds of dead people were paid millions of dollar in social security. can't make that up. >> forbes says it's over a trillion since 2004. one person in texas getting checks since 1997. if you start getting social security checks it is not mana from heaven. she was given since 1997. ? a might not be your aunt but it is your uncle sam. >> bill: it is not a gift. nice to see you. >> sandra: fox news alert. we're hearing prime minister benjamin netanyahu is back home after cutting his trip to the
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u.s. short. all of this as violence escalates between israel and hamas. what he is now saying. we're live on the israel/gaza border. >> bill: kellyanne conway, one of the many republicans say it's time to investigate the investigation. she is live in a moment from the white house and what the president is looking for now. >> they wanted to overturn the results of the 2016 election. that's what a lot of it was rooted in. i think that's probably what angers the american people most. we have big problems we need to be focused on. all across the country,ng now's the time to use your valuable va home loan benefit. newday usa can help you refinance and get 54,000 dollars or more and lower your payments by $600 a month. and since they've been granted automatic authority by the va, newday can say yes when banks say no. so if you're a veteran homeowner who needs cash, now's the time to call newday usa. go to or call 1-800-420-9803
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what do all these people have in common, limu? [ guttural grunt ] exactly. nothing! they're completely different people. that's why they make customized car insurance from liberty mutual. they'll only pay for what they need. yes, and they could save a ton. you've done it again, limu. [ limu grunts ] only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ >> sandra: fox news alert. tensions rising between israel and gaza. dozens of air strikes between the two sides overnight. all this coming after president trump's signed proclamation that recognizes israel's sovereignty over the golan heights. trey is there now. >> the past 10 hours have been
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quiet along the israel/gaza border after an intense night of fighting. israeli prime minister benjamin netanyahu returned to israel after meeting with president trump yesterday. upon landing he went directly to a security consultation to determine the next steps for israeli action inside the gaza strip. as of right now we have gotten no official word from the israeli military or government about what is next. but senior israeli officials have indicated that there is no cease-fire underway despite the lull in fighting. the israeli military looking like they're preparing for the potential of a ground operation should it be ordered by the prime minister. there are a series of armored vehicles and tanks that have lined up and gotten information indicating that 1,000 reserve troops and two new brigades have headed to the border in an effort to prepare should a larger conflict erupt. this all taking place after dozens of rock erts were fired from gaza into israel last night and the air force pounded a series of targets including
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the office of the top hamas leader. we saw the iron dome in action as it intercepted rockets fired toward southern israel. things are calm. both sides appear to be taking part in a cease-fire that hasn't been formally announced. we've seen both sides saying if you don't strike, we won't strike back. >> sandra: as far as the latest we've heard from the prime minister benjamin netanyahu, when do we expect to hear from him next? >> we're not sure when we expect to hear from him next. he made a few remarks after getting out of his initial meeting when he returned to israel. he made remarks over a videoconference to the aipac summit there in washington, d.c. saying that the israeli military and government was prepared to respond to future action from the gaza strip but the way he phrased his remarks there made it seem as if this round of back and forth clashes between gaza and israel is over. that very much aligns with what we're hearing from factions
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inside the gaza strip who have indicated that egyptian negotiators got a break in the fighting. >> sandra: thank you for your reporting there. >> an honor for me to work on this case and to see it turn out such a complete victory. i have never seen a letter that was so powerful. mueller put in this thing. he didn't commit a crime but i can't exonerate him. that's totally unprofessional. you aren't supposed to say. that then barr and rosenstein knocked the obstruction thing right out of the park. >> bill: rudy giuliani last night prime time sounding off on the mueller matter as lawmakers on the hill draw battle lines in the aftermath. democrats still calling for investigations and the release of the full report. we may still see that. republicans demanding adam schiff step down as chairman of the house intel committee for comments he has made repeatedly. meanwhile political nemesis of
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the president is facing federal charges today. want to bring in our headliner kellyanne conway, counsel to the president. thank you for coming back here and welcome. we saw the president a couple times yesterday. give us a sense if private what he was talking about. how he was feeling yesterday. >> you saw how he was feeling. he invited the press pool in to cover mr. netanyahu's visit and you had two availabilities there and the capitals were here in town. the hometown winning team celebrating their stanley cup victory from last year. the president has been in great mood for a long time. as he said for a very long time there is no collusion. it was a hoax and witch hunt from the beginning. i have to say as the campaign manager for the winning part of the campaign i resent completely folks tacitly insinuating that some of us would cheat or steal or lie or do anything to cut corners at all other than to be the woman who lost and shouldn't have lost fairly and squairl. so i notice a lot of the media are trying to move on to policy
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calling me about healthcare and drug pricing and criminal justice reform and let's talk about the budget and economy. that's great. we've been trying to do that for the two plus years we've been here. in the building behind me the president has made incredible strides on behalf of the american people. people go over the economy, gloss over it like it is not important on some of these other networks. it's the most important thing to this country and there are 157 million americans working a higher number than ever before. 58% of the new jobs have gone to women. you have record low unemployment, record growth numbers. this is what people care about. so they want to move on because they feel embarrassed. look at the democratic investigators. they don't want to move on and get on with the bipartisan policy and they're not calling to say let's work on drug force prices and enforcement. they say let's continue to investigate. >> sandra: how does the president want to move on?
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republicans going on offense here. we saw that press conference with lindsey graham yesterday. he wants a second special counsel here. he is calling for investigating how this all began and what was happening inside the d.o.j. and f.b.i. to stop president trump from winning the 2016 election. has the president spoken with lindsey graham? how does the president want to see his party proceed here? >> those on capitol hill who are in charge of such investigations will continue forward and will be watching. but in the interest of transparency and accountability, two watch words in the last two years, let's see how it all started. did we have people at the top levels of the d.o.j. and f.b.i. trying to sit on the scales of justice to try to prevent donald trump from being elected president and after he was elected president trying to prevent him from taking office, getting that insurance policy, making fun of his voters, sprinkling their venom all over
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town, unmasking mike flynn. let's see what led to the fisa warrant application being approved and get to the bottom of the phony dossier that got this party started. the dnc and hillary clinton funding it. those people at the doj and f.b.i. at the time have besmirched the 25,000 men and women who work in that department and do their jobs honorably. >> bill: would you put the former president in the same category? you went after adam schiff yesterday and the leading edge of calling him a step down as head of the house intel committee. james freeman writes in the "wall street journal" about mueller and the obama accounting. the former president owes the country an explanation for the historic use of government surveillance powers. do you agree? >> we ought to know what happened in the last administration. what we do know didn't happen is that the obama administration and the president himself knew that russia was trying to interfere
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in our election and did nothing about it. ? why? they were sure hillary would win or they didn't want to deal with it and people running roughshod over the justice process at the f.b.i. trying to rob tens of millions of americans their rightful voice at the ballot box by sitting on the scales of justice. sure, let's at least see who did what when. had she gotten elected we would never know any of this. so we know that no one in the trump campaign was colluding with russia, was talking to russia. do we know that the f.b.i., that a couple of bad actors at the f.b.i. and department of justice in the obama administration, can we say the same about them? wouldn't that be something where that was the collusion and the conspiracy was happening? those who want to move on got this party started. they had the phony dossier and let's let it all hang out and we're patient people and be here for the next six years. let's at least take the time so
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that america gets the full story. >> sandra: there are growing calls for adam schiff to step down from his position as chairman of the intel committee in the house. i know you've made a similar call. do you think that's a reality, a possibility that that could happen? >> i made the first call as far as i know yesterday morning on your network. it could happen but he certainly is somebody who loves power and loves to be on tv. there is no doubt. for this person, given his position, to go on tv hundreds of times i'm sure, and pedal this lie and for people never to challenge him. he was on a sunday show two short days ago. and so he is saying there was, quote, evidence of collusion in plain sight that he knew of evidence of collusion. does he know something that bob mueller and a 22-month investigation that cost taxpayers over $25 million and resulted in 500 witnesses being interviewed, over a million
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documents being produced and taken on many different chutes and ladders. it began about collusion and conspiracy with russians, completely batted down. but it certainly went off in many different areas. if he has evidence of that, put him under oath and let him tell us the evidence. going on tv and having unfettered access to the media. giving blind quotes and quotes on the record and being intelligence chairman. are we supposed to have faith in his ability to be a nonpartisan arbiter of what is right? this is somebody who has access to the nation's secrets. >> bill: we're running out of time. one last thought with michael avenatti. he was the one who put the administration in his cross hairs repeatedly on television. do you have a thought as to what he is going through in court in new york and also in california? >> i would say one thing about mr. avenatti that people quickly forgot. they took him at his word many times and they particularly took him at his word with julie
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swetnick who came out as the third accuser. pattern here, kavanaugh, coverton kids. rush to judgment, wishful thinking. imbue credibility on people who otherwise shouldn't have it in the time, place or manner because they fit with the narrative. they fit with the goal to get this president, to try to embarrass and harass him and family and those closest to him. a lot of people in media outlets today trying to knife each other. that will be fascinating to watch. i never gave him a platform. i didn't have him on my show. i didn't do that much on collusion. you all did. guilty all of the above. do better next time because of the patterns and i discussed this. the patterns for the 2016 election where they all got it so wrong. instead of saying we'll do a better job they dived into
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collusion, indictments and impeachment. let's take a step back and a deep breath. thank you for having me. >> bill: thank you. >> sandra: more fallout from the mueller report in our next hour when conservative author jerome corsi will be joining the show and ask him why he now feels vindicated. >> bill: the mainstream media taking its lump for its coverage of the president and the mueller investigation. howie kurtz will analyze that in a minute. >> how in the world did several major news organizations, networks, newspapers and so on devote so much time to be utterly baseless speculation about the most serious crime you could imagine. this is not a bed...
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>> if you think about it this investigation goes back to the middle of 2016. it has been going on for quite a long time. the endless speculation about it, indeed the accusations about it that came out of many
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mouths on cable television and in the public prints, the list of people who got it wrong is really quite extensive. unfortunately so far i'm not seeing a lot of it. i notice a couple of our cable news competitors have moved on to speculation about obstruction of justice now following as they so often seem to do the democratic party script. remarkable. >> sandra: the mainstream media taking a lot of heat after robert mueller fails to make a case that the trump campaign colluded with russia. let's bring in howard kurtz, host of "media buzz". a lot of looking back happening today. >> look, for two solid years the mainstream media have been provided massive, relentless coverage of the mueller probe overwhelmingly negative toward the president. at times over hyped and overwrought and some instances plain wrong. there has been substantial damage in my view to the credibility of many of these mainstream media. not everybody and not every
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reporter. some of the stories were accurate and fair. but given the totality of it if you want this constantly the barrage you had just wait until this and that and the noose will tighten around the president's neck. fascinating to me, guy, you have critics on the left as well as the right today, yesterday, saying the press just went way too far. >> bill: a sample. here is the president tweeting earlier today. the mainstream media is under fire and being skornd all over the world as being corrupt and fake. for two years they pushed the russian collusion delusion. they're the enemy of the people and the real opposition party. a sample of the case he is making, the case you are making is right here in this montage. watch. >> we do know that donald trump senior has lied throughout this investigation. >> this goes to the heart of everything we've been talking about for the last couple of years, the collusion, and the cover-up. >> i also think there is a
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strong argument to be made it is a high crime or misdemeanor where impeachment may be a possibility. >> the president's tweet couldn't have been scripted better. >> donald trump is going there to meet with his handler. >> bill: the republican party has surrendered to russia. >> bill: this is your job now to assess the fallout. what are you going to be saying and writing about out of that? >> first of all it's very clear from that end thousands of other clips the media convicted donald trump and robert mueller did not. the president after all his attacks on the special counsel told reporters he had acted honorably. look, at the same time there is now -- not only is there very little soul searching from the top executives at these organizations. there is a media counter attack. how could we not have covered this? it wasn't a witch hunt. 37 indictments. the president under criminal investigation and it was a very
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big story and needed to be covered aggressively. it is how you cover it. the tone, the volume. every minor development got cranked up to 11. that's where i fault the media and i think there ought to be some revelations here and grappling with the en nor tee of what we did. everything that is questionable conduct doesn't necessarily rise to the level of indictable offenses. that much is true but clearly it was a massive failure. >> sandra: "wall street journal" writing this. a catastrophic media. robert mueller's investigation is over. questions still remain. the leading lights of journalism who got the story so wrong for so long. you'll keep covering it for us. thank you. >> bill: in a moment action on leading american university following the sweeping college admission fraud scandal. what yale is now doing as we learn of new actions from the
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trump administration going after several universities coming up next.
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>> sandra: fox news alert. this just coming into our newsroom now. jussie smollett accused of a hate crime hoax in the city of chicago. a live look inside the courthouse in chicago where we are now learning he is in court for an emergency court
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appearance. he and his lawyers plan to speak to reporters afterward at the courthouse. that's about all we know at this point. but he is inside that courthouse in chicago and we'll bring you any news from this as we get it. >> in the meantime yale university says it has withdrawn the admission of a student whose parents were accused of paying 1.2 million to get their child into a school. carley shimkus, how are you doing? what's the deal at yale 1.2 million? >> we don't know who the student is. she is yale applicant one. her parents are being accused of mastermind singer 1.2 million who paid the now-former yale soccer coach $400,000 to help her get into the school. this is the first time a school has essentially kicked a student out related to this college admission scandal. other schools are still in the investigative process and usc
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has said that they have turned away six people that were in the application process. but she was enrolled at the school and she is no longer. >> sandra: they learned about this because then the coach solicited a bribe from the father of a second applicant but that meeting was set up by the f.b.i. >> that's right and that's how they found out about the yale school being involved. >> initial press conference what happens to students already in schools? that's up for the schools to decide. now we have the story, betsy devos have sent letters to eight universities. prominent schools, too with a warning. >> these schools involved in the scandals aren't off the hook yet. the department of education is now investigating eight schools and they are looking into whether these schools broke any laws or rules related to financial aid. you can imagine if your parents have enough money to pay $1 million to get you into school you might not be on a financial aid package but the schools are getting investigated.
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yale has said they'll make changes to make sure this never happens again. one of the things they'll look at is if a student is accepted as an athlete and recruited to play a sport and quickly decides that they don't want to play that sport anymore, they'll look into that. that's exactly what these students were doing. absolutely. it is a smart plan of attack. >> sandra: thank you. israeli p.m. netanyahu back home after cutting his visit to the united states short after violence escalates between israel and gaza. what netanyahu is now saying. with 9 grams of protein and 26 vitamins and minerals. ensure, for strength and energy. look for savings in your weekly paper. if you'call newday usa.eowner and need money for your family, a newday va home loan lets you refinance your home and take out 54,000 dollars or more to pay credit card debt, or just put money in the bank.
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>> sandra: fox news alert.we're learning after the courthouse appearance the lawyers will be talking to reporters. jussie smollett in court now. congress bracing for the next steps as the mueller investigation ends with both parties fine-tuning their strategies going forward. republicans calling for a key democratic lawmaker to step down while democrats prepare to ramp up investigations of their own. just your average tuesday morning here. welcome back to "america's newsroom" i'm sandra smith. >> bill: i'm bill hemmer. good morning. several republicans looking to investigate mueller's russia investigation and calling for adam schiff, who insisted there is evidence of collusion, to step down in his position as
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chair of the house intel committee. meanwhile, democrats still want to see the full mueller report. many republicans do as well. here is kellyanne conway earlier with us today on "america's newsroom." >> in was a hoax and witch hunt from the beginning. i have to say as the campaign manager for the winning part of the campaign i resent completely folks tacitly insinuating that some of us would cheat or steal or lie or do anything to cut corners at all other than to be the woman who lost and shouldn't have lost fairly and squarely. >> sandra: catherine herridge is live in washington good morning. >> thank you. good morning. growing calls for the democratic chairman of the house intelligence committee to resign over his public allegations of collusion. in 2017 ranking member schiff took the unusual step of reading into the congressional record huge chunks of the unverified trump dossier of allegations of collusion by members of the trump campaign based on opposition research by
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former british spy christopher steele. when it comes to the credibility of intelligence, critics argue lawmakers are held to a higher standard. listen to schiff from 2017 and his statement for the record. >> is it possible that all of these events and reports are completely unrelated and nothing more than an entirely unhappy coincidence? >> yes, it is possible. but it is also possible, maybe more than possible, that they are not coincidental, not disconnected, and not unrelated and that the russians used the same techniques to corrupt u.s. persons that they employed in europe and elsewhere. we simply don't know, not yet. and we owe it to the country to find out. >> this morning one lawmaker said schiff can no longer serve as committee chairman. >> i really do believe that
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adam schiff's leadership of the intelligence committee is comprised. i believe he needs to step aside. i think his leadership is compromised. >> these text messages between former acting f.b.i. director andrew mccabe and f.b.i. lawyer lisa page obtained by fox news raises new questions about a high-level meeting in december 2016 just after the presidential election among senior intelligence officials. that information was shared with former f.b.i. agent peter strzok, the meeting included clapper, brennan and braenian's dep see. page wrote. director of national intelligence told pete that clapper was meeting with brennan for dinner tonight. mccabe replied okay. fox news reached out to the government point of contact for the former intelligence officials asking whether this dinner focused on collusion, the president or general flynn and why strzok was kept in the
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loop from clapper because strzok was a junior level and these contacts would have been normally with director comey. >> sandra: thank you. >> bill: four past the hour. another alert. michael avenatti potentially facing decades behind bars. federal prosecutors now allege on both coasts there are charges against him for extortion and fraud. avenatti vowing he will be fully exonerated. we're watching the story weekend we're here in new york. >> serious charges were brought against michael avenatti that could land him in prison for the rest of his life if convicted on all counts. avenatti was arrested yesterday here in new york city outside the law offices for nike. federal investigators say he was trying to squeeze the company for millions of dollars to keep him from going public with damaging information about the athletic giants. the feds have been secretly
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recording the conversations between nike lawyers and avenatti where he threatened to hold this news conference to reveal information he claimed would take $10 billion off of nike's market cap but would ride off into the sunset if they gave him over $20 million. hours after his arrest he appeared in federal court to face four charges involving extortion and was released on $300,000 bond. >> i am highly confident that when all of the evidence is laid bare in connection with these cases, when it is all known, when due process occurs, that i will be fully exonerated and justice will be done. thank you. >> avenatti is best known as the lawyer who represented stormy daniels, the porn star who claims she had an affair with president trump. a claim the president has denied. in los angeles the u.s. attorney also announced bank and wire fraud charges against avenatti for allegedly defrauding a back through fake
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tax returns and embezzling money from a client. a senior department of justice official telling fox they could have arrested avenatti last week but wanted the charges from both coasts unsealed at the same time and wanted to make sure the arrest went smoothly. avenatti next has two court appearances, one on april 1 in california and april 25th on the new york case. >> bill: laura watching all that in new york. >> sandra: we bring in chris stirewalt. nothing to talk about this morning. wish we had some news. let's start with what republicans are asking for. they want answers, lindsey graham wants a second special counsel. they want to investigate how it began in the first place. >> you know, it's so strange. so there is good oversight and then there is bad oversight. and congress has a job. congress's job part of their job description is holding to account the executive branch of government and the execution of
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the laws that congress writes. that's maybe the biggest part of their job is making sure the laws they pass are faithfully executed. now look, there were obviously serious problems at the f.b.i. under james comey. there were some real problems. he and mccabe are not yet done facing the consequences for what they did. james comey was bad as being the director of the f.b.i. and everybody knows it now. and there will be consequences. republicans also have to be careful though here. which is the attorney general and robert mueller gave the president some free money. they said no collusion, you are clear. it is loud and clear. you are off the hook on this and it's not going to happen. this is a devastating blow for democrats. republicans have to make sure they take advantage of the moment and don't dwell in the space forever. now is a good time to pivot to good things. now is a good time for the president and republicans to start making their case for 2020 and talk about the positive things in the economy. talk about the positive things
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about national security. deal with good issues and say rolling on from here, not dwell on the past excessively. >> sandra: the market is rallying this morning up 260 points on the dow. chris, that being said and the president obviously likes to tout that as a response to his policies. we'll see if they move in that direction. for now democrats have the call out there to see this report in its entirety and demands are to see it by next week. how will that, if that happens, change things? >> there will be some bad news ahead for the president, i assume. i assume in this report will be things that are not flattering about him and the way he conducted himself, the way he did business or his associates. i assume there will be things that democrats will pounce on and say look at th. he may not have colluded but look at this unethical conduct or this, that and the other thing. it will live on and there will be components when the full report comes out. the administration can't seem to want to suppress the truth. there will be people who will
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never be satisfied, right? there are people at the extremes on either end that no matter what is revealed will believe the deep state was plotting to destroy donald trump since a decade kg and on the other end people no matter what mueller found will say the president colluded to russia. there is no talking to them. what you can do is make a clear argument this was thorough, fair, honest and forthright for normal america they can hear it and say i'm satisfied, you did a good job. so the report needs to come out. it has to be redacted and scrubbed, cleaned up for national security and other considerations but they have to get it out there and fast. >> sandra: michael avenatti and the news there. what a week it's turning out to be for the white house. a major trump critic who was at one point going to be a presidential candidate. talked about it a lot on certain networks, represented stormy daniels, represented a kavanaugh accuser, now faces
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big charges of fraud, extortion. this is where we are this morning, chris. >> there was just no sign with michael avenatti that he was anything but a scrupulous attorney on the level. wait a minute, wait a minute. you could tell from the first second he appeared on the national stage this guy was a hustler. i don't want to make too little of his supporters. there were people who thought he was a hero, thought he would be their champion and bring down donald trump and live up to the promises he made. you and me both knew, i'm sure you knew just like i did, this is an unusual attorney, this is an unusual way to approach the law. i have no idea about the facts of this case but the facts of this case notwithstanding, michael avenatti was running a hustle on the country and democratic voters and all this stuff and it is -- the only thing heroic about him is the scope of the disaster that he has made for himself. >> sandra: he is confident, he says, that he will be
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exonerated. all right. chris stirewalt, thank you. >> you bet. >> bill: back to chicago. fox news alert trying to piece together the information as to why jussie smollett is now in court for an emergency court appearance. that's brand-new video run just a few seconds at the courthouse there. smollett and lawyers will speak to reporters. afterwards at the courthouse and now we're getting word from our reporter matt finn who has been on the story from the beginning in chicago that the prosecution will drop all charges against smollett. another bombshell on yet another day of news in america. >> sandra: a couple of things. we didn't know the court appearance was happening. that is a live look inside the courthouse in chicago where it all took place. we were notified a short time ago he would be appearing with his lawyers in court and also that there would be a media availability held shortly thereafter and now word from our producer -- from our reporter on the ground that the
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case has been dropped. so we need more details. that's all we know at this time. >> bill: remember what he claimed. it was 2:30 in the morning, freezing cold in chicago. it was the dead of winter. he was there working on the fox hit show "empire." he alleges at 2:30 in the morning he was accosted by two men wearing maga hats taunting him racial and homophobic slurs. he took that claim to police. police showed up at his apartment as has been reported. 45 minutes after the call came in and he was wearing a noose around his neck. now, in court three weeks ago, sandra, the prosecution presented evidence that the two nigerian brothers who had been paid, we're told, a check of $3500 for their part in this alleged conspiracy, this showed a receipt where the rope was
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purchased. part of the evidence that the prosecution brought before the judge. now, if true, the case against jussie smollett looks like it will be abandoned by the prosecution. >> sandra: we're waiting on any new details that can come from this and jussie smollett to step up to cameras. we're told they'll be speaking to reporters on the ground. ahead of this local chicago newspapers were reporting he was expected to receive a deferred prosecution deal at this hearing at the criminal courthouse in chicago. there were very few and vague details on what exactly was expected to be revealed during this court hearing. they'll be speaking to reporters. >> bill: what's peculiar about this and when we heard jussie smollett would speak we weren't sure why or what he would say before the judge. now based on our reporting we have an indication that the
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case against him will be abandoned. that's a stunner. stay with us. we'll be back in chicago in one moment after this. because seasons may change... ♪ ...but true character doesn't. ♪ wow, you've outdone yourself this time. hey, what're neighbors for? it's beautiful. nothing runs like a deere™. run with us. save $200 on x330 and x350 select series lawn tractors. at participating john deere dealers. ( ♪ ) dealing with psoriatic arthritis pain was so frustrating. my skin... it was embarrassing. my joints... they hurt. the pain and swelling. the tenderness. the psoriasis. tina: i had to find something that worked on all of this. i found cosentyx. now, watch me.
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a cockroach can survive heresubmerged ttle guy. underwater for 30 minutes. wow. yeah. not getting in today. terminix. defenders of home. >> bill: jussie smollett is back in court with an emergency court appearance. his lawyers are saying, if it's correct now, all criminal charges against him have been dropped and his record has been wiped clean. we saw smollett go in about 10 minutes ago. there is a microphone set up
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outside the courtroom inside the courthouse. we expect to hear from him and his attorneys. when that happens we'll get you to chicago trying to piece it together now. matt finn is coming up in a moment, too. >> sandra: to a quick fox news alert now. adam schiff talking about calls for his resignation and how democrats want the full mueller report by next week. we go to brad wenstrup. we're looking for the live shot in chicago to happen in a moment. first want to ask you where you stand this morning specifically when it comes to those calls for adam schiff, chairman of the intelligence committee, to step down now in the wake of some of the things he has said about having evidence of collusion now that there has been no proven collusion? >> he said there is more than circumstantial evidence of collusion. he said the president was trying to take down bob mueller. he said there has been attempts
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at collusion and evidence of conspiracy. let's have adam schiff live up to the standards he was trying to impose on other people. but at the same time let's take a look at the real conspiracy. adam schiff met with glenn simson. keep in mind who that is with fusion gps. he wasn't in favor of us for looking into records to find out who paid for the steele dossier and taken and prompted through fusion gps to get the f.b.i. and d.o.j. involved that led to the investigation. i think it will be hard for his credibility to be established once again if he doesn't take some type of an action like stepping down. he should have to answer to that. >> sandra: i only have a few seconds left. does it behoove republicans to go on the offense and as lindsey graham laid out open investigation, call on a special counsel to look at how
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this began? >> i think we owe that to the american people. to me it's the largest scandal that i can think of in american history from within our own government and the american people if they will ever trust the government again, we have to go into this and reveal everything that took place. >> sandra: appreciate your time. sorry to cut you short on the breaking news. >> bill: jussie smollett is in court and we'll hear from him in a moment what we've been told. looking at the statement from the attorneys who are now saying that the charges will be dropped by him, quote, jussie and many others were hurt by the unfair and unwarranted actions. the entire situation is a reminder there should never be an attempt to prove a case in the court of public opinion. that is wrong. a reminder a victim in the case, jussie, deserves dignity and respect. dismissal of charges is the only just result. the second of three there, sandra. >> sandra: really something
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when you read through it. he was attacked. his lawyers make the case by two people he was unable to identify january 29th. a victim who was vilified with false remarks made to the public causing a rush to judgment. in the initial statement of this statement, it says today all criminal charges against jussie smallette have been dropped and record wiped clean of the filing of this complaint against him. >> bill: matt finn will be on air and so is the judge. napolitano is sending me by way of email. matt finn says the court granted a complete exoneration. the state has no case that can be proven beyond a reasonable doubt. the arrest records are expunged. no record in chicago for smollett. >> sandra: his lawyers say he is relieved to have the situation behind him and focusing on his family, friends
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and career. we have the live shot at the courthouse and we expect to hear from him and his lawyers. we'll be right back. the best simple dishes ever? great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at takes more mathan just investment advice. from insurance to savings to retirement, it takes someone with experience and knowledge who can help me build a complete plan. brian, my certified financial planner™ professional, is committed to working in my best interest. i call it my "comfortable future plan," and it's all possible with a cfp® professional.
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>> sandra: fox news alert. prosecutors we have just learned dropping all charges against actor jussie smollett. this following an emergency court hearing happening moments ago in the city of chicago. both smollett and his attorneys are expected to step up to microphones outside the courthouse and speak shortly. matt finn is live at the courthouse in chicago with the latest. what's happened here, matt? >> i just stepped outside of the courtroom where jussie smollett and his attorneys were. the prosecution approached the bench and judge and said after review of all the evidence and
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considering jussie smollett's involvement in the community here they decided to no longer prosecute this case. they filed a no pros keys document. a request or notice of no prosecution and the judge granted that. smollett was in and out of courts in a matter of minutes. spokesperson says he is filling out paperwork and then they will take to the micks here. this came at unexpected here. grand jury came with filing false reports and a lot of people considered 16 charges an indication that smollett had a tough battle ahead of him here in the court. it looks like right now a judge has granted the prosecution's request to drop this case. we're waiting to hear from
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jussie smollett himself. >> sandra: matt finn, as soon as you have anything else we'll get right back to you and when they begin speaking. >> bill: try to interpret as much as we can with the judge. fox news senior judicial analyst andrew napolitano. what do you make of matt finn's reporting from the courthouse. >> the case would be dropped either because the government decided it couldn't prove the case beyond a reasonable doubt or because it decided to grant smollett a deferred prosecution, which means a short period of probation at the end of which the charges would be dismissed and he can ask for an expungement, which means an eradication of the arrest record. however, from the description matt finn gave us, it sounds as if the government has asked to dismiss its own indictment. this is almost unheard of. it is either the result of extraordinary lawyering on the part of his lawyers or a realization by the government of some defect in its evidence
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that it did not know it had at the time it sought and obtained an indictment against him. >> bill: 16 counts, right is what he was facing. you had two brothers apparently colleagues of his. they worked out together. i think they worked on the show empire as well. they would, i imagine. those were your two best witnesses, right? we thought they brought the evidence and gave up the goods. >> yes. >> bill: are we to assume that either they didn't have it in the first place or they changed their story? >> well, one of those, bill, or perhaps the government doing an investigation after indictment rather than before indictment discovered something in their backgrounds which would make it impractical or almost impossible to put them on a witness stand. now, the 16-count indictment was really overkill. it basically was one charge for every time jussie smollett spoke to the cops even though he said the same thing each time he spoke to them.
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so it should have been a one-count indictment. instead they did 16. why? the police were furious they had been played and used by jussie smollett in their view. we may get a different story when his lawyers come to the microphones. >> bill: the story we thought we knew. police and prosecutors have said the black and gay actor falsely reported to authorities he was attacked on january 29 downtown chicago because he was unhappy with his pay on the fox show and to promote his own career. so what happened since the 29th of january when they put that story together and today? we don't know. >> we'll find out soon. it is one of two events in my view. they either discovered some impediment to the presentation of this case, something in the background of the witnesses that would make them not credible before a jury, or they decided to grant him this once in a lifetime deal which almost
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everybody gets in the united states when the crime is not one of violence, not one of distribution of drugs, and not part of an organized criminal enterprise, which is a deferred prosecution. in florida they required an admission of guilt. if this is a deferred prosecution which will result in the dismissal of the charges in chicago it does not require an admission of guilt. >> bill: you just said this almost never happens for prosecutors. which aspect of that, judge? >> the dropping of their own case within a month of indictment because they discovered a defect in the case. if that's what happened, that's very poor policing on the part of the prosecutors. they should have known of that defect before they sought his indictment. >> bill: hang on a moment. >> sandra: here is smollett's attorneys issuing this statement about the hearing after the hearing.
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today all criminal charges against jussie smollett were dropped and record wiped clean of the filing of this tragic complaint against him. he was attacked by two people he was unable to identify on january 29th. he was a victim who was vilified and made to appear as a per at the traitor as a result of false and inappropriate remarks made to the public causing an inappropriate rush to judgment. jussie and many others were hurt by these actions. this entire situation is a reminder there should never be an attempt to prove a case in the court of public opinion. that's wrong. a victim in this case, jussie, deserves dignity and respect. dismissal of charges against the victim in this case was the only just result. jussie is relieved to have this situation behind him and is very much looking forward to getting back to focusing on his family, friends and career. judge, if you're still with us. we're watching the cameras here. the microphones because we were told his attorneys as well as
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jussie smollett himself are expected to make some sort of statement when they walk out of the courtroom. why would this have been such a surprise? first we weren't anticipating that he was even making an appearance in court this morning, judge. and here he is. he makes a statement and we learn this. why would there not have been any information leading up to such a surprise turn of events? >> sometimes the best lawyering occurs behind the scenes where defense counsel sits down with the prosecutor and they go through the evidence piece by piece together and defense lawyers say how the evidence is not valid and cause it to be disrespected in the courtroom and sometimes prosecutors agree. it is very unusual for prosecutors to do this. but they cannot ethically present a case that they don't believe they can prove beyond a reasonable doubt. if this type of lawyering behind the scenes can result in
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persuading the prosecutors of fatal defects in their own case it is their ethical duty to dismiss the charges. >> sandra: judge andrew napolitano if you could stand by with us. >> bill: andy mccarthy, fox news contributor, double dose for you, rather, i should say, double duty. good morning and welcome back. what do you make of what we're hearing from chicago? >> well, it's a stunning surprise. it will be very interesting to know what their rationale was. the remarks that have been made by mr. smollett's camp are framing him or portraying him as the victim as if we didn't know everything we thought we had learned weeks ago about this case. so it will be very interesting to hear, if we hear anything more from the prosecutors, what their rationale was for dropping the entire case was a just result. >> bill: to jog memory here, remember this went on for days
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in chicago where police were investigating and they were combing the cameras, all around that area where jussie smollett had an apartment while they were filming the show. based on the reporting, there was nothing take really showed up on the cameras that gave them a definitive answer or link to the two individuals that he described. it was about a week later, andy, when the two brothers returned home from nigeria and back in chicago and held for at least two days for questioning by police. >> what you would really want to know here, bill, did these two guys would have been the main witnesses in the case obviously. and the question is, did whatever they told the police when they made whatever confession they appear to have made, is that something that they recanted ultimately and what is behind that? you would think that if the government went through the trouble of bringing this case in 16 charges and all the stuff
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that went with it and quietly drop it. something went wrong in the case. if it isn't the witnesses i can't imagine what it is. >> sandra: we look back and we're digging up the sound from when eddie johnson, the chicago police superintendent initially announced these charges as you just detailed. 16 counts of disorderly conduct for allegedly hiring two men to attack him in a staged hate crime attack that we followed for the hours and days that followed, what was really a mystery at the time. eddie johnson doubled down on what was the collective police theory that he staged this attack. and he even claimed there was a lot more evidence that hasn't been presented yet that does not support the version of the story that smollett gave. you go back to the things that we heard from the police superintendent about the hard evidence that they knew that they had. >> yeah. well, you know, it is always
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perilous to speculate when we don't know all the facts. educated speculation would say when they talked about having lots more evidence, what they meant is that once the two guys who were involved in this told them what actually happened, that they were able to go out and corroborate that version of events. that can all be made to look like an awful lot of evidence as long as the witnesses stay strong and stay consistent with what their version of events that they gave the police is. if they recant, then all the corroborating evidence is useless at this point. >> bill: judge, come on back into the conversation. i imagine police have some explaining to do now. remember, police in chicago say smollett hired the two men, both of whom were black to attack him and that smollett paid them $3500 in a check. where does that claim go now? >> well, if the government is
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going to drop its case, it has a duty to try to find the people that actually caused this to happen. the government may be of two minds here. it may be of the mind that jussie smollett concocted this thing on their own but they can't prove it or that he didn't concoct it on his own, the two witnesses are defective for whatever reason, something in their backgrounds or as andy suggested, they recanted their original statements and the true culprits are out there and they have a legal and moral obligation to find the culprits. we might not know the answer to this when jussie and his lawyers come out. we might not know the answer to this until the prosecutors come out and explain to us why you withdrew a complaint. why you withdrew a 16-count indictment that you announced with tremendous fanfare and
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purported to support with established credible evidence. >> sandra: looking back, gloria schmitt joint bill and i on this program, the attorney representing the two brothers in this case and looking back at the transcript here. when we asked her about their involvement in it, she said i don't know what the prosecutors have said or not said but i know in terms of their legal analysis -- i'm quoting her -- they aren't in any peril talking about the two brothers. what this case is about is a person in a position of trust who betrayed my clients and took advantage of them. judge, i'm sure in the days that follow now we'll look back at the transcripts and see what was said that led up to this moment. >> again, we don't know. this is highly unusual for the government to do this. but if the government discovers -- usually through interaction with defense count el -- a fatal flaw in its case it has the duty to go to the court and
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ask the court to dismiss it. that is apparently what happened this morning. >> bill: so we are -- go -- >> as andy mccarthy can tell you the seasoned prosecutor he is, i hate to use this phrase, almost never happens because the government investigates its own case before it files charges. in this case they filed charges and then apparently discovered whatever this defect was. presumably we'll know shortly. >> bill: let's bounce to andy. >> the judge is right about that and i would also say the tea leaves seem to indicate that smollett's camp will come out and say at this point he was the victim of this attack. i have to say if i were the prosecutor and i had been persuaded to drop these charges but i felt like i knew what actually happened, i simply couldn't prove it, and then he went out and said he was the victim, unless he was the
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victim it would make me awfully angry. as the judge points out, you don't do this kind of bells and whistles press conference and roll out your 16-count indictment unless you are very confident that you can prove the case in court. so to have things fall out the way they've fallen out here is really stunning. usually if you are -- if you really are somebody who has caught a break like this you would like to quietly go away. you don't want to flaunt that in law enforcement people's face. >> bill: judge, you would not disagree? >> i fully agree. remember the jeffrey mcdonald case was exonerated for murder and he went on talk shows and people that mocked him. they retried him and convicted
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and serving a life term. when the government cuts you a break go home, don't say anything. >> sandra: this appears to be this as the cook county state's attorneys office. after reviewing all the facts and circumstances of this case, including mr. smollett's volunteer service in the community, an agreement to for fit his bond to the city of chicago we think it is an appropriate resolution to this case. andy, you seem to have a response to that. >> yeah. he did it but he paid. he basically underwrote the police effort at least part of it to investigate this so what they're basically saying is, you know, we'll let bygones be bygones. if that's true if i were smollett, man, as the judge just said i would go home. >> bill: make it loud and clear you are appreciative for the work they've done and sorry to get in the way for the operations they have to doing
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in their city every day. i don't know if you heard matt finn's comment when he referred to the character of jussie smollett and what he has done in the community in chicago. that would seem to fit with what sandra is describing here. >> that's fine. a lot of times the government will do a deferred prosecution on somebody who is actually guilty but what you want as the prosecutor in that situation in order to feel like you are confident that you are doing the just thing is you want to see a little exhibition of contrition. and paying the freight is only part of that. the last thing you want to go out and do is say i was a victim here. what you want to do is say you're sorry. >> bill: like when you get pulled over by a police officer. roll down your window and you say i'm sorry for wasting your time. you would be surprised how far that goes. andrew napolitano stand by, andy mccarthy stand by as well. we believe the attorneys will be out in about five minutes. some suggest we have a two-minute warning.
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can't confirm that. we'll squeeze in a quick commercial break and continue our coverage next. along with support, chantix is proven to help you quit. with chantix you can keep smoking at first and ease into quitting. chantix reduces the urge so when the day arrives, you'll be more ready to kiss cigarettes goodbye. when you try to quit smoking, with or without chantix. you may have nicotine withdrawal symptoms. stop chantix and get help right away if you have changes in... behavior or thinking, aggression, hostility, depressed mood, suicidal thoughts or actions, seizures, new or worse heart or blood vessel problems, sleepwalking, or life- threatening allergic and skin reactions. decrease alcohol use. use caution driving or operating machinery. tell your doctor if you've had mental health problems. the most common side effect is nausea. quit smoking "slow turkey." talk to your doctor about chantix.
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>> sandra: fox news alert. prosecutors dropping all charges against actor jussie smollett just moments ago he is expected to speak any moment now. you're looking live at the courthouse in chicago. a look back at february 21st with the police superintendent, eddie johnson announcing the charges against smollett. >> i'm left hanging my head and asking why. why would anyone, especially an african-american man, use a symbolism of a noose to make false accusations? how could someone look at the hatred and suffering associated with that symbol and see an opportunity to manipulate that symbol to further his own public profile? how can an individual who has been embraced by the city of chicago turn around and slap
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everyone in this city in the face by making these false claims? >> sandra: and matt finn is live at the courthouse in chicago with the latest. we remember that moment when they laid out the charges against smollett, 16 counts of disorderly conduct for allegedly committing a hate crime hoax. and now what are we learning at the courthouse there, matt? >> with that said you have to wonder now how chicago police feel because so many people here and really nationwide consider chicago police investigation and conclusion tight. right now jussie smollett is just around the corner with his attorneys, with his team. he was also being talked to by his crisis manager, a very notable crisis manager in chicago. they're preparing to take to the mics and cameras.
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his spokesperson for him told me a short while ago they feel that police -- that jussie smollett was overcharged with those 16 counts and that police perhaps pressured the brothers in the 47th hour to perhaps admit to things that were not true and also jussie smollett's team, his attorneys, we've heard them say over and over again and crisis manager have said that they feel there were too many false leaks in this case. sandra. >> sandra: matt finn. i know you said they're just around the corner and we expect them to speak any moment now. matt, you'll stay on this for us and we'll get back to you when it begins. >> bill: harvey levin are reporting something that's intriguing. i want you guys to come back on this, jussie smollett will surrender his $10,000 bond. i don't know what that means legally. we'll hear from the state's attorney kim fox. according to tmz she told chicago police she was dropping
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the case because jussie would have only received community service if convicted. he had already performed community service. and there is a suggestion whether or not there is any proof as whether or not he performed any of that service. chicago police are furious, reading from tmz sight and feeling something untoward is going on with kim fox. we'll hear from the state in a moment here and see how they characterize this and before that happens, we expect to hear from smollett and his attorneys outside the courtroom. >> bill, look, if that's what it is this is an unjust result and why people think that we have two systems of justice in this country. one for high profile people who have connections and one for people who don't. somebody who was accused of 16 counts like this in the kind of investigation that went on here with the amount of money and time that was invested in it
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would not be able, in ordinary circumstances, to walk away unscathed on the grounds that he had already done community service. community service is admirable but it is not enough under the circumstances. most people would be charged here. >> bill: we need to see how they describe and explain it. judge napolitano, we're trying to piece this together now. does any of this make sense to you? >> it's more curious. kim fox recused herself from the case because of some political statements she had made involving jussie smollett and now she appears to be back into it. one rarely as a prosecutor totally wipes out a case, consents to an eradication of the arrest record, when the police are standing there saying but we have the goods, we have the evidence. we're ready to go. now they're furious about it. there is some piece of the puzzle we don't fully understand. this is beginning to sound to
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me more and more as though it is some sort of a hybrid form of deferred prosecution. it is not an acknowledgement by the government it couldn't prove their case, some sort of act of mercy on the part of the government. the fact that he is surrendering $10,000. if their case is so defective they have to have it dismissed he is entitled to the $10,000 back. >> bill: if true. >> right. as we've all been saying if he comes to the microphone and says i'm a victim we could be back to square one because recall, please, that he is accused of mailing himself a threatening letter. that is a potentially federal offense. so he may not be out of the woods totally depending upon how the feds want to look at this, if at all. >> sandra: andy, as soon as smollett and his attorneys step up to the microphone and
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cameras we'll take it live for everybody when it begins. as far as the timing by which we're learning that this is now the case, that the charges against him have been dropped, you look back. the alleged hoax took place in january, it was march 14 when he pled not guilty to the charges against him. and then he was not expected to appear in court again until april 17th. here we are at the end of march and a surprise courtroom appearance. does that tell you there was a dramatic, unexpected turn of events or piece of evidence that emerged that would lead to this conclusion in just recent days? >> obviously, sandra, it will depend on what we hear. as the judge said before, a lot of the most important -- probably the most important lawyering in most cases goes on behind closed doors. and when i originally heard
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this i assumed what must have happened was the witnesses must have gone south on the prosecutors. the more we learn about this, the more it seems that this is along the lines of a decision that has been made that they either overcharged the case or have decided not to proceed with the case at all, not because they couldn't prove it but because they think it's overkill under the circumstances or because you have somebody who is a very connected person who was able to exercise some influence on the decision makers in the process. most of that is stuff -- all of that is stuff that goes on behind closed doors. so i doubt it is a dramatic evidentiary development. i think it's more either skilled negotiation skills or somebody put their thumb on the scale who was in a position to do that. >> bill: how about this, andy?
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matt finn sent us this email. chicago police union is now requesting that the northern district of illinois, the investigate kim fox for omg moment. pressuring the superintendent to turn over the smollett investigation to the f.b.i. this is getting deeper by the moment. >> sandra: to be clear that was out march 15th. so you are looking back about 11 days ago that we learned that. >> i think one thing we probably should put on the table in terms of that is that we operate in this country under a system ordinarily that is known as dual sovereignty. the fact that the state has had this proceeding, whether they decide to go forward with a prosecution or not would not bar the federal government from coming in and bringing its own charges, even charges arising out of the same set of facts. as the judge mentioned before, this may not be over. although this is a big chapter of it for sure. >> sandra: what conclusion do
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you draw there that? from our reporter on the ground. you saw matt finn forwarding on to us 11 days ago the cpd union asked the a.g. for an investigation. >> it sounds as though the decision that is about to be revealed in a couple of minutes, snippets of which have come to us through the good work of our colleague matt finn have been in the works for a few weeks and the police found out about it and were furious. you have a prosecutor who is popularly elected to the system that's alien to andy mccarthy and me. that's what they have in chicago. politics may very well be playing a role. the more snippets of information we get the more i think both andy mccarthy and i are concluding this is not a defect in the government's case. it is an act of mercy or a political decision, if you will, on the part of the
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government that it does not want to prosecute this defendant at this time for these crimes. >> bill: if that's the case, what would happen next? who would take action if they want to continue to pursue this? >> there is a prima facie case, one you can make out of a federal crime that he may very well have mailed to himself at a fox studio a threatening letter which contained talcum powder in it. if that's the case that's mail fraud and the feds would be interested in pursuing that. we don't know how good this lawyering was. for all we know the lawyers have negotiated with the federal authorities at the same time they negotiated with the cook county authorities. certainly don't want to leave their client naked and open to the federal prosecution as a
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result of the anger and fury on the part of the chicago police that their prosecution has been dropped. >> bill: this is a stunner. we're waiting to hear from attorneys and jussie smollett as well. we're told he was in court before the judge 30 minutes ago and for the first time in this case he would speak. remember the scrums where he was let out through the media throngs and hustled into a black s.u.v. and taken away. he has barely spoken. there was one moment after the accusation became public where he made an appearance in los angeles on stage. he was pushing new music that he had produced and recorded. that was the only time he said anything publicly thus far. >> sandra: 16 counts of disorderly conduct against him. those have been dropped. his attorneys who we're expecting to speak at the courthouse any moment said in a statement that smollett's record has been wiped clean for making this false report he was attacked by two men. those have all been dropped
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against him. quite a stunner, as you said bill hemmer. not expecting the court appearance or the charges being dropped. we want to thank andy mccarthy and judge napolitano sticking with us. >> bill: smollett reported he was attacked on his way home from a sandwich shop. he was living in an apartment in chicago where they were filming the show empire. he said two masked men shouted slurs and poured bleach on him and beat him and put a rope around his neck. some of the photos from smollett he had a cut below his eye. that seemed to be evidence of this attack. then the speculation went to whether or not it was all self-inflicted. i just recalled hearing the moment the police showed up at his apartment some 45 minutes later he was still wearing the noose of sorts around his neck. smollett says they were saying this is maga country, go away.
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it was a really cold night in late january. this system had moved down from the north, a polar vortex. to be folks out on the street at that time of night it would be very cold. >> sandra: an unexpected announcement coming. the attorneys did put out a statement in the middle of that statement they said that jussie and many others were hurt by the unfair and unwarranted actions. the entire situation is a reminder there should never be an attempt to prove a case in the court of public continue. that is wrong. they will continue to make their point when >> bill: i bet one of the significant interviews in this whole story has to come from the two brothers. what was their role? what did they know? >> sandra: remember the video image of him. >> bill: how deep to the relationship run? what did they tell police when they are being interviewed for periods of two days? at the conclusion of the
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interview when artist came out, he saw the clip from eddie johnson. that was during our program, sander. he felt the emotion in his voice at that time. >> sandra: totally. this story will continue on the coverage will continue right here on the fox news channel. "outnumbered" starts right now. >> melissa: if bigs fox news alert for you now, jussie smollett is in court for an emergency court appearance ay prosecutors have dropped all charges against the "empire" actor. we are awaiting smollett and his lawyers to speak afterward at the courthouse. this is "outnumbered" and i'm melissa francis. here today is harris faulkner. fox news contributor, lisa boothe. host of "kennedy" on the fox business network, kennedy. joining us on the couch, a host of "the next revolution," steve hilton. he is "outnumbered." we'll get right to business. after jussie smollett was facing charges for allegedly


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