keep on dancing bringing a smile to all our faces. most walked, most trusted, most grateful you spent the evening with us, good night from washington, have a great weekend, i am shannon bream. "hannity" is next. see you monday. ♪ welcome to the special edition of "hannity." justice in america. i'm jason chaffetz in for sean. for the hour we highlight the bad actors in the deep state that must be held accountable and we start with the fired f.b.i. director james comey. last night, the unemployed hyper partisan bureaucrat made another appearance on cnn. where he continued to impugn the character of the president and float baseless conspiracy theories about trump and russia. watch this. >> do you think the russians have leverage over president trump? >> i don't know the answer to that. do you think it's possible? >> yes. i think the trump presidency
risks sending a message that leadership doesn't have to have a moral component. that it's not important in this country for a leader to have external ethical reference points. >> explain how you believe the president of the united states is eating people's souls and how that process takes place. >> yeah, it doesn't make me happy to write that. but it's what i believe. >> comey is now all but rooting for president trump to be impeached and locked up for phantom obstruction of justice charges. but in reality it's comey who could be in serious legal jeopardy. it was comey who leaked sensitive government documents after he was fired. it was comey who first signed off on the carter page fisa application on the dirty dossier. i was comey who was the very center of the deep state coordinated effort to spy on the trump campaign. but according to mr. comey
using undercover informants to spy in the height of an election is totally normal. take a look. >> sending an investigator under cover to meet with somebody who is connected to the campaign, they claimed he was later on just a coffee boy. that is an extreme step. no? >> no. it's a reasonable -- that was the guy, papadopoulos, who was the suggest of the information we got from the australians that he had talked to the russians. >> did you sign off on the investigator going? >> i don't remember talking about that particular step of my team. i knew they were trying to see if they could check it out. that is a totally normal step. >> no, it's not. comey wants you to believe that the american government spying on its own citizens in a presidential election is totally normal and reasonable. according to holier than thou comey, he can do no wrong.
he believes anyone supporting or working for the president is morally degenerate. watch. >> i believe people find themselves trapped and they start to tell a story to justify they are trapped. which is yeah, he is awful. but the country needs me. the republicans are doing this in congress now. yeah, it's awful. if i speak i will get defeated. this nation needs me here right now. and in the process he has eaten their soul. they are lost. >> rod rosenstein you are saying is a person not of strong careful. >> i don't think he is. he is accomplish. and very bright but not strong enough. >> awfully distressed for someone who claims to have done nothing wrong. joining us now a fox news contributor, former state and the federal prosecutor and former congressman trey gowdy. i had the pleasure of serving with mr. gowdy in the congress. thank you for being here. mr. comey had another town hall. i think he had more town halls
than you did as a member of congress for eight years. you know, i have a problem when you have comey and clapper and brennan. they're all out here having the town halls. they had the ma mantle of doing intelligent type of work and then they go to talk to the american people as they know something the rest of us don't know. what is your take on the comments from mr. comey? >> st. james comey, the same as any other interview. he is always right. he gets to write the moral script. if you deviate from that, if you're rod rosenstein you lack character. if you're somebody else, your soul has been eaten. what i think back to, jason, when i asked comey how did the russia investigation get started? who started it? he didn't know it was peter strozk. he never read the initiation document. look. you and i served together for a long time. i defend law enforcement as
vigorously as any member of congress ever has but that does not mean there are not opportunities for oversight. comey refuses to believe any of the decisions could be looked at. so he is always right. everybody else is wrong. he and clapper and brennan are validating the concerns that other people including the president have had about the objectivity. by their comments and their demeanor after they left their offices. >> director comey says he doesn't like the word spying but that is what it is. he said it's normal to inject somebody in a political campaign to go and investigate what is going on there. he said it was reasonable to do so. what is your take on that? >> i use the word surveillance. they're si.they synonyms. you have to do it with policy and there has to be a factual
predicate. i'm sure the cracker jack reporter who hosted the town hall asked comey with specificity what was the factual predicate? if an f.b.i. ran an informant in on george papadopoulos what was the factual predicate for doing so? did the f.b.i. provide the factual predicate they tried to extract back from george papadopoulos? how in the world did someone with a historical level of animus like peter strozk, how in the world did you pick him to lead an investigation in to someone he thought would be destabilizing for the republic? this is what you need to remember about james comey, jason, all you got to remember -- if rod rosenstein had not fired him, he would still be the f.b.i. director. the guy who talks about souls being eaten and says everybody else looks character, he would still be on the air force jet, sipping wine, crossing the country had he not been fired. so this paragon of virtue, james comey, the self-described paragon of virtue would still be the
f.b.i. director and working for an administration he thinks is too good for impeachment had he not been fired. >> sean: but rosen sine -- director comey made a snarky comment about rosenstein going out the door. i have been highly critical of rod rosenstein along the way. i thought he had conflict of interest and other questions i have had. but at the same time for director comey to make the comments as he -- since his last day of leaving, i thought it was wrong. >> he is always right, he is always right. he is authored the script of what is right and wrong. there are plenty of days i disagree with rod. i never called for his impeachment. i never called for john costigan's impeachment. rod had a tough job and i appreciate his service to the country. even on the days i disagree with him. but to take a shot at somebody the week they leave public service and to do it with the moral arrogance that comey
does everything is a reason he is not popular. >> two years ago is the day he was fired and that was the right thing. the democrats conveniently forget how much they wanted to see him fired by the way he treated clinton along the way. >> you mean those who didn't want him like criminally prosecuted? harry read thought he committed a criminal investigation. and now they want him canonized and put on mount rushmore. >> now he is saying that he thinks that the trump family should still be indicted down the road. what did you take when you heard those comments? >> how disappointed i am in any prosecutor, former federal prosecutor assigning a presumption of guilt to anyone. president is not above the law. i heard comey say that. but he is also not below the
law. he is also not unentitled to presumption of innocence. he is also not unentitled to people following the rules and the laws when they investigate -- just because you're the president and you're powerful doesn't mean you treat people however you want to treat them. if there is a factual predicate for the investigating anyone with the trump campaign, two points. number one, tell us what it is. number two, acknowledge that trump himself told you director comey if anyone with my campaign was involved russia, i want you to investigate it. i want you to find out. that is not what a guilty person says. >> no. that is exactly right. the fundamental problem i have, when somebody becomes the nominee for the presidency of the united states we give them secret service protection and c.i.a. briefing. if there is somewhere, somehow maybe a problem in the campaign they had a duty and an obligation to tell the tom knee you may have somebody who might be a mole in that. not just use that as some excuse.
it started before them. that is why the horowitz report is important. two other questions. the national media. you dealt with them. i dealt with them. but the way they are portraying the story and rolling it out, is that fair and balanced? is that the way it always goes down? >> jason you and i have discussed before the biggest disappointment in my eight years in congress is how biased the d.c. media is. whether it's the post, the times, politico, the hill. they never met a republican investigation that should have ever started. never met democrat investigation that should ever end. the way they view the holder contempt vs. the barr contempt. the way they view trump talking about the investigation with obama. remember he precleared the i.r.s. not a smidgeon of corruption. he precleared hillary clinton. there is just a double standard. i realize congress isn't popular but neither is the media. they may want to figure out why that is. >> the last thing to ask you
about is jerrold nadler holding contempt on our attorney general. i got to tell you, that did not sit well from my perspective. what was your take? >> only there must be two jerry nadler. the old nadler opposed contempt on eric holder. he walked out of the house because he was in a violent protest of the fact that attorney general holder would not produce documents. the duplicity of thinking the starr report should be thinking one way but the mueller report should be treated another. again, when the republicans engage in the duplicity we ought to be called out for it. they should. but so should the democrats and the d.c. media just never does it. >> no. there is an imbalance there. honor and privilege to serve with you in the congress. i appreciate you coming with us on this beautiful friday night. on "hannity" tonight. congressman gowdy, thank you. with the invector general
investigation in fisa abusegoing, we are learning new details about james baker. joining us with more is catherine herridge. >> the national court was not explicitly told of the connection to the dossier the former top lawyer provided the court with the sufficient warning. >> my assessment was that the information set forth in that gigantic footnote was consistent with the type of information and the way we would phrase things to basically, effectively be the red light on top of the, on top of the document. >> now another challenge to the integrity, with newly released records three republicans are questioning whether a state department official warned the f.b.i. before the fisa warrant administration about the author and the former british spy christopher steel and his
apparently political motivation. they write the notes show the opposition research firm fusion g.p.s. led by glenn simpson and peter frich were deeply involved. they and possibly others were account keen the sew the information come to light before the election." on october 13, 2016, just three weeks before the election, they sent an e-mail but the publicly released version has redacted the attachment, the subject and the recipient. >> thank you. this program has long sounded the alarm about fisa abuse. and this morning the ranking member of the house intel committee had this to say about james comey's potential illicit behavior. take a look. >> there is no question as it relates to the fisa on carter page nothing was done by the book. it was all very irrig in fact. this is the idea you could take the clinton campaign dirt and use it. remember, when he came before the task force at the end of the last congress this is a
man who couldn't answer a question. i think of over 100 times he said things like, "i don't recall." whenever put under oath on a body like the legislative body of congress, the guy couldn't answer a question. he can do a town hall and make a lot of things up. look. i think mr. comey is in a lot of trouble and he should be. he made a mess of the f.b.i. >> i think he is right. joining us now is fox news contributor sarah carter. the author of "license to lie, exposing corruption in the department of justice" sydney powell. and ohio congressman mike turner. for all three, thank you for joining us. the latest on the steele dossier and the information coming to light, you have done some of the best reporting on the issue. give us the latest. >> i think the documents are incredible. they really lay out the case that the f.b.i. -- these are kathleen kavolack, it's her handwritten notes from the meetinmeeting with steele.
basically what she got from the meeting, this was in 2016, october 2016. before the election. was that christopher steele was going this for political purposes. she knew the information he was providing, a lot was just false on the face and he was trying to leak it to the post and "new york times." he specified he needed to get it out before the election. you see the political bias. what is happening now with james comey, the former f.b.i. director, james baker the former general counsel, andy mccabe and the others, they are trying to gaslight and make everybody think they are crazy to think that the folks had spies inside the campaign, that they were trying to set up trump which is exactly what they were doing. if you look at the facts which is what the attorney general will be looking at, the facts and michael horowitz, they lay out a very strong case that the f.b.i. and those people within the f.b.i. that were
working on the investigation in to president trump had enormous knowledge of what was going on and they violated the rumerules under the foreign intelligence surveillance court. they are going to have a lot to answer for. devin nunes is 100% right here when he says that comey better watch it because he is boeing to be at the center of this. because he signed those fisa warrant applications. >> congressman turner, i had the pleasure of serving with you in well in the congress for a number of years. you have been on the intel committee for a number of years, too. your perspective is important. i know it's somewhat limited because of what you can share publicly. but john ratcliff also on the committee says at the top of the application says, "verified application." that is how is it titled. "verified application." what are we to read in the new information and the new news and what devin nunes is telling us as well? >> well, what is interesting
about this publicity tour, this is baker's statement to put something in a footnote is a red light. it's just laughable. as we know. putting something in a footnote is how you bury something. the fact he says that the wording is what they'd normally use. you know a judge would have wanted to know this is an application to spy on one campaign based on material that is paid for by the other political campaign. that information was not contained. it was not clear to the judge. it's incredibly important. also as we know it's not verifiable information. so it goes right to the inception. comey has been saying this was a rightly opened investigation. i got the opportunity to question him in march of 2017. he says the open investigation at that time, he said you need credible information of wrongdoing. clearly we know that both clapper said there was no evidence when he left in 2017 of collusion. and mueller certainly has found no evidence of collusion. they had nothing and they went ahead anyway. >> you are absolutely right.
sydney, james comey has gone around saying he does everything by the book but this is the same james comey who in order to put the special prosecutor in place, what did he do? he actually leaked information, right? i mean are we supposed to believe the james comey now who is on this publicity tour, as congressman turner called it? >> no. there is nothing that was done by the book here and the f.b.i. they broke every rule and every protocol from the beginning of this so-called investigation from sending an agent to foreign soil to interact with an american citizen from enlisting the help of the british. everything they did. using the steele dossier which comey admitted repeatedly was unverified but he signed the fisa application that says it's verified. and please remember the carter page fisa application was not against a member of the trump campaign. mr. page had not been a member of the trump campaign for weeks when they got the fisa
application. >> now -- >> this was all to cover up the illegal surveillance that had gone on for god only knows how long before they got that fisa application. >> it was james baker, the general counsel at the f.b.i. who said it would be gratuitous to name the democrats. congressman turner said it would probably be easier in one sentence say this is paid for by the clinton campaign and the d.n.c. but do we believe baker now? i mean he -- >> no. >> he has been behind closed doors talking to congress for a long time now. >> that is right. i mean, i think, baker right now realizes he is in jeopardy as well. that he was part of this process. he even admits to the fact that it was he that oversaw a lot of this, the fisa application that went before the foreign intelligence surveillance court. it's baker under investigation now. remember holey artisan bakery -bake -- rememberbaker, o
report it, that baker is under investigation for leaks. so we have a number of high-level senior officials at the f.b.i. under investigation right now for their failure to adhere to the law. what sydney says is absolutely true. they violated everything in the book. but jason this goes far beyond this. what we are seeing now is just the tip of an iceberg. remember, the iceberg below the water is much larger. that is the reason they are fighting back so hard. when we see them on the tours, when we see them gaslighting the public and pooh-poohing what they did as nothing more than well, we put a siren in the footnote, we let the courts know. they didn't. they withheld esculptory evidence. the more we see the more we will realize how farmembers of the obama administration went. not just with the surveillance that went beyond the trump campaign.
>> quickly. nunes says comey is potentially in trouble. is there really legal jeopardy for comey? >> if you abuse power you subject yourself to risk. that could be legal risk. what is most important is what you said in the beginning. you have comey, clapper and brennan making the statements that wish this president ill-will. that are biased statements at this point. and that are pronouncements that there will be something that is terminal to the president. over the presidency. but we are supposed to believe when they started the investigation they were unbiased and professional and they didn't have any of the characters that they are parading across tv showing. >> what they are doing is projecting. evidence will come out with the inspector general report. we thank you for being with us. directly ahead the democrats' hypocrisy is on full display in the renegade effort to hold barr in contempt.
i'm sorry, i think you mean roses. oh right. you need to stop and smell the roses of savings. bring in your own phone, switch to xfinity mobile and only pay for data. now that's simple, easy, awesome. get $100 back when you bring in an eligible smartphone. click, call, or visit a store today. >> jason: welcome back to this "hannity" special. "justice in america." the collusion obsessed house judiciary committee voted this week to hold a.g. bill barb in contempt for declining -- bill barr in contempt for declining to hand over the completely unredacted mueller report. despite the fact they have all but two lines of the mueller report but they are redacted in accordance to the federal law. not a single democrat, not one, bothered to read it. talk about the hypocrisy. let's not forget how democrats reacted when obama attorney general holder was held in contempt over his handling of the fast and furious scandal.
watch this. >> to bring attempt of congress, against the attorney general, they are contemptible. the rush they are putting on it is inexflickable. ex -- inex. what are they doing? the american people want jobs and they are going on witch hunts. >> they are attempting to bring contempt resolution to the floor against the attorney general. to say this is a use of congress and power and time is an understatement. this is not about the facts. this is about politics. >> they have not found any evidence that this attorney general was hiding anything. that he had lied to anybody. they still do not have any facts to support this illegitimate investigation. >> to the republican colleagues, shame on you. >> shame on you. shame on you. shame on you.
>> jason: wow! joining us now with reaction, american conservative union chairman matt slap, the judicial watch tim finton and tammy bruce joining us in studio in new york. i want to thank all three of you to be here. the fast and furious thing is close to my heart. i was there in congress when it first started, matt. i got to tell you, they were knowingly and willingly the government gave 2,000 weapons to the drug cartel. we have a drug border patrol agent and yet these same people -- compare and contrast the reaction to that versus what is going on today. >> people get killed in these terrible circumstances. like fast and furious. the a. g. was compelled to turn over records which he stone walled congress over. for the first time in over 200 years the house has moved to condemn the attorney general for not willing to be scrutinized by a staffer on the committee, which you know is an absurd criteria we haven't done for two centuries
without some negotiation. he is willing to testify. on the mueller report, he doesn't have to turn it over to congress. it's at his discretion. he chose to turn it over to make it public. he chose to make an almost unredacted copy available to the leadership of the dems and the republicans in congress. and the democrats don't even want to read it. you know why? they know there is no collusion or obstruction in this report. it's just politics. they want to continue to play politics. >> this is the thing. tammy, it's there in black and white. it's right there in front of them. all of the report except what is required by law. i liken it to the supreme court. when they come out with a ruling, they don't hold a press conference and answer questions. it's just there to review. now in the world do the democrats have any credibility on this issue? >> they don't. they are effectively attacking the attorney general for following the law. >> jason: right. >> i think it's perfect for the democrats. they hate that.
they hate that law. this is really when you gen up your base for something as ridiculous and hyper obsured abd like saying that the president of the united states is a russian stooge or a ruse spy, how can you top that? you have to top it. i guess now the line is that there is a constitutional crisis. but the american people, they are smart. this is also an indication of the contempt with which the democrats and certainly nadler in particular, hold the american people in. that you wouldn't be saying this if you had any respect for how the american people are viewing this and what is at stake. and how it would be viewed. you think everybody is a dumb rube and they won't figure it out. i think actually you would know, walk across a couple of hallways to see this. they don't need to jump through hoops to see it. the american people want them to do a job. i don't think they had this in mind when they voted him to power in the midterm. >> jason: look, the attorney general is doing an absolute
fantastic job. no nonsense. been there and done that. he is doing what he is supposed to do. tom, judicial watch, i mean they have led the charge to try to expose what the government is doing. compare and contrast for us your experience with the obama administration. it's not as if they were open, transparent and complying with the law along the way, were they? >> no. the justice department especially in the obama administration led by eric holder for a period of time was a black hole in transparency. but as you know, it continued under jeff sessions and the justice department still. i recognize you have the fights between the legislative branch and the executive branch about documents. but this is a trifle of a fight. this material was essentially made available within the last few weeks. and they immediately rush the contempt resolution against the attorney general. to me this is an abuse of power and it fits in perfectly
with what happened in 2016 when the democrats abused the power. they were targeting president trump. they continued to the mueller operation. that smear of a report. they are picked up by the democrats who won't want to talk about the criminal conspiracy the party is involved in, in 2016 and 2017 to target president trump with illegal spying. they would rather talk about the pretend fight with attorney general barr, who they are smearing. and the awesome power they have to hold someone in contempt, it's pretty darn serious when they start invoking it lightly. they are effectively saying the attorney general of the united states need to be put in jail over a few lines of text that we are fighting about. they want to jail political opponents the rule of law and it doesn't matter. >> jason: are they just
trying to distract from the fact we have a pending inspector general report and that the attorney general is looking into spying and other type of things that the democrats may have been doing previously? >> we are back in the election season. think about it, jason. they waited so long that now it's about their wrongdoing. that is what we talk about with the i.g. report comes back to. what did joe biden know? that is what republicans need to start asking. >> jason: that is a good question and we only have 30 seconds left. tammy and tom, where do you think the contempt goes next? >> i think obviously they have the votes to do it. we'll see if the democrats have courage to admit this is
ridiculous. maybe not every democrat will go for it. >> this is a distraction that will go nowhere, politically nor legally. >> jason: thank you for joining us. we appreciate it. next, if you can't beat them. try to impeach them. the democrats impeachment hysteria is reaching new heights. we'll talk more next on the "hannity" special. justice in america."
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>> jason: welcome back to this special edition of "hannity." "justice if america." now the democrats continue to stoop to new lows smearing president trump and attorney general william barr. recklessly calling for impeachment, and even jail time, all while fueling chaos across capitol hill. take a look. >> you know what i think is important is to recognize 10 million people said that we
need to hold this president accountable. that speaks volumes. >> the impeachment process was created for someone like president trump. >> we have a duty, responsibility and the obligation under the united states of america to do our duty. we must impeach. let the senate do what they may. we have to do what we must. >> now, i will say having obstructed the justice department investigation and now obstructing congress, the case for impeachment gains weight. >> to ensure that we get that report because we have lawful responsibilities, constitutional responsibilities to engage in. one of which is possibly impeachment. how can we impeach without getting the documents? >> jason: like clockwork, the media is doing the democrats bidding along the way. here is just a small sample. take a look.
>> you are defending the most corrupt attorney general. i mean since john mitchell. it's bad. your article is going to look exextraordinarily stupid and you are going to well, a sycophant. it's embarrassing. joining me now for reaction is fox news con stribor rachel campy duffy. and kayleigh. rachel, the topic here is "justice in america." mueller does a report. the attorney general puts it out with everything except what he is prohibited by law. they want to hold him in contempt. they want him to go to jail essentially? they might impeach the president? is that justice in america? >> it's not. you know, you had joe scarborough saying that the republicans look incredibly stupid. the democrats are going to look not only incredibly stupid, but incredibly corrupt
when barr gets to the bottom of how this investigation started because we know that the dossier was dirty. we know it was used to spy on the trump campaign. and now we are hearing that the f.b.i. knew it was dirty before they gave it to the fisa judges. so this is very serious stuff. i think part of this is not just to sully the president and make it look like he is hiding something because they are still clinging to this collusion and the obstruction stuff but also to sully barr. because they know something is coming out. it's not just what is happening at the f.b.i. or the corruption of the f.b.i. this goes all the way to the top. this goes all the way to obama, biden, valerie jarrett, the white house. that is what they are really worried about. >> jason: i think you are right. i think they are so worried about the inspector general report and what attorney general barr is coming with. we had adam schiff, he is on the cover of "newsweek" for goodness sake. he is out there saying that it
gained weight. the idea of impeachment gained weight. are you kidding me? he shouldn't even have a security clearance. i can't believe he's even in congress the way he told the american people for two years what the mueller report was going to report and then it didn't. >> right. this is a guy who said he had sample evidence of collusion. we have yet to see him held to account. it's laughable the notion of impeachment. the montage of clips you played is also laughable. the democrats are saying oh, president trump is goading impeachment. what an absurd assertion. the only ones goading impeachment are the democrats you saw say "impeachment" over and over and over again. 65% oppose impeachment so they are going down this road and they will do so at their own detriment as we approach the 2020 election. trump has so many results to sell and they only have investigations that are meritless.
>> jason: earlier in the show trey gowdy said one of his disappointments in eight years in congress is the way that national media treated the imbalance. they looked at the republicans and they treated them totally different than democrats. rachel, what is your take on how the national media is covering the story and the reaction of how barr has handled this mueller report? >> absolutely proof that the media is in the tank with the democrats. their bias is on display. kayleigh hits a good point. if you think back to the midterms, that wi not talking about im -- they were not talking about impeachment. they were focused on the issue. that is why they won. but now they're back to impeachment. this is risky because it will rev up their base but it's also revving up and angering up the republican base. what is left is the swing voters. the swing voters in the states like pennsylvania and wisconsin and ohio. places where the president has absolutely delivered on jobs.
on the economy. we're energy independent. we're so strong finally after decades we are taking on china. the giant cheaters. we couldn't do that if we weren't in a strong economic position we are right now. this is a time for the country to unite. the american people know that. we are stronger fighting china on the tariffs when we are united. and they see the democrats focus on this. when the elections come along, the swing voters will look at the democrats and say what have they done for me? stupid investigations that they said mueller was the final word. the final word comes out and now they will keep going. or donald trump who has delivered in spades to every promise he made. >> jason: kayleigh empeachment and contempt is that the winning message for america? real quick. 20 seconds left. >> absolutely not. i go to all the president's rallies. 72% of the registrants of the el paso rally were democrats or swing voters. when i talk to them in line
they talk about healthcare and the economy. they talk about the issues. impeachment is last on the radar. >> jason: you are right. kayleigh and rachel, thank you for joining us. we appreciate it. when we come right back a major update in the jussie smollett case. will there ever be justice? full analysis coming up next on the special edition of "hannity." "justice in america." stay with us.
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automatically roll your credits over to the next month if you don't use them, and if you don't like a book just swap it for free. enjoy 100% ad free listening in the car, on your phone or any connected device. and when you switch a device pick up right where you left off. with our commitment free guarantee, there's never been a better time to start listening to audible. the most inspiring minds, the most compelling stories, the best place to listen. to start your free 30-day trial, text listen5 to 500500 today. ♪ >> jason: welcome back to "hannity" special. justice in america." jussie smollett's hate crime hoax saga still ongoing tonight. joining with us the latest live from the chicago newsroom. matt spinn. matt?
>> congressman, today in chicago a chief judge was set to decide whether a prosecutor to investigate kim fox but the chief justice department make a decision because it was revealed he has a son who works for kim foxx. so now another veteran judge in cook county will decide whether a special prosecutor should lay fresh eyes on the criminal case and investigate why kim foxx's office quietly dropped 16 felony charge against the actor. a hearing is scheduled a week from today. this began last month when the former illinois appellate justice sheila o'brien filed petition for special prosecutor to investigate foxx arguing the public deserves the entire truth. justice o'brien submitted a line of questions for foxx asking why she did not comply with the illinois law that end kates foxx's recusal required a special prosecutor be appointed? and kim foxx argued the special prosecutor should only be appointed if she was sick
or unable to fulfill her duties. justice o'brien argues that kim foxx admitted she couldn't fulfill her duties when she recused herself. congressman? >> jason: matt, thank you. we appreciate it. joining me we reaction is former florida attorney general pat bondi and fox news contributor emily capano. emily, tell us the significance with the movement with the judge and how it will play out. >> the judge transferred it to another judge and said to coach scalia in a dissent, sometimes the appearance of justice is as important to justice itself. so he essentially said look, this isn't necessary. it's not a full recusal. i'm nearly transferring the matter. notably to another judge who has done this twice before. dealt with a special prosecutor. the issue of whether one should be assigned in one instance. he agreed. in the other he declined. the other argument is you are duplicating the efforts of the investigation of the inspector
general of cook county and let alone the federal government also investigating cook county. there is an argument to be had a lot of tax dollars are going into this. whether justice is being served. >> jason: there has already been a lot of tax dollars. there was with just the investigation, itself. but the attorney general bondi, you have had a lot of experience. i can't imagine the things that came across your desk when you were the attorney general. tell us the significance for those of us that don't watch this every day when a judge makes a move like this. >> i haven't seen anything quite like this in my career. my very long career as a prosecutor. the judge did the right thing taking himself off the case. kim foxx signed his son's paycheck every month. so he is saying and he said the right things. he said hey, i could be fair and impartial. however, it's the appearance. so he should have recused himself just based on the accusations alone. he did the right thing. he had no reason to keep it. so now we have a new judge on the case. >> jason: but continue on with you, attorney general
bondi, i want to ask you, the idea of a special prosecutor to be put in place. how does it play out at a state level in illinois? >> how it would play out is they are policing the police. policing her. who is going to look -- kim foxx is elected. who is going to police if she did something wrong? a special prosecutor. she is sure not going to look at herself. she never truly recused herself off the case to begin with when that is all she had to do. take herself off the case and she could have been out of it. she meddled in the case, the case was dropped a 9 her direction, we are hearing. so i think it does need to be looked at by all fronts. the police, they deserve that money back for the cost of investigation. hey, jussie smollett could have stepped up to the plate and said he has the resources, hey, i'm going to pay all of the cost for the investigation. but he is refusing to do that. mayor is furious, police chief rightfully furious as well. now it's looked at as emily
said on many, many fronts. i hope the chicago bar takes a very, very good look at her. she is elected so it will be tough. but she may very well lose her post after this investigation. >> jason: yeah. she brings up a good point. i didn't think about this before, emily. that is the bar. we'll find out whether or not the bar actually holds some weight, and will hold people accountable. can jussie smollett, can he still be prosecute prosecuted we fiasco and the turbulence and the text messages are another factor in this and how miss foxx was dealing with this? at the end of the day, can there still be justice and could smollett still be prosecuted? >> i will say most importantly it will be result of the federal investigation and whether charges are brought on that hoax letter he sent that might actually be the final nail in his proverbial coffin. that was a significant deal. as cook county has said and fox said numerous times this is a public nuisance. this is no big deal, quote.
but it really is. the hoax letter certainly was. so i think the actual opportunity for justice to be served in terms of the consequences and thoughtless selfless actions, that is on the federal side. >> jason: this case is such a mess. we appreciate both of you and your perspective. sharing it here tonight. panel and emily, thank you very much -- pam and emily, we'll be back with final thoughts on this important friday night. thank you for joining us. stay tuned.
mother's day. my mom, who i miss, who passed away, and my wife. i love you. "the ingraham angle" is up next. a.m. tomorrow we are all over it. here's "the five." >> ♪ >> [laughing]. >> hello. i am dana perino with emily. jesse watters and greg gutfeld. it's 5 o'clock in new york city. it's friday and this is "the five." >> ♪ >> democrats showing no signs of slowing down with investigations into the trump administration. the house ways and means committee issued subpoenas to the treasury secretary of state and irs commission for overfailing to produce president trump's tax returns. they are threatening to hold trump administration officials also in