topping this hour of 360. take a memo. please. the long awaited hotly disputed nunes memo is out. president trump wanted the public to see it before he himself saw it. and now that he has seen it, listen. >> i think the it's terrible. you want to know the truth. it's a disgrace. what's going on in the country. it's a disgrace. >> the president okayed the release despite quote grave concerns from the fbi and objections from a senior memo of his justice department and lawmakers on both sides of the aisle. as you know we reported he's been boasting to friends about how the memo would discredit the

russia investigation. according to to the washington post he wanted it out from almost the very first moment he learned about it. even before reading it. we'll talk about this ahead. including the action the president could have taken having read the memo. first, what's in it and for that we turn to chief national security correspondent. lay out what the main points are. >> i'd say tleez the two headline allegations in this. first one is that the warrants that were sought for carter page to surveil carter page at the time a former advisor to the trump campaign. nunes argues warrants were based largely on this dossier of evidence of trump compiled by the christopher steel. which was funded by fusion gps paid for by the democratic party. in effect saying he was surveilled by something that was

pushed by democrats. the other argument that nunes makes is that the judge who approved the application in fact multiple applications renewals for this warrant was not told of the origin of the money behind fusion gps which paid for the dossier. making a claim that really that warrant in effect was based on democratic money and the judge was not away. >> there are parts of this memo that some in congress are disputing. and actually other parts which undermine the conservatives time line. >> it does. let's start on facts and dispute. they go to the two issues i mention. on the issue the warrant was based mostly and even says ann due mccay the deputy director of fbi said the house intelligence committee the warrant wouldn't have been issued without the dossier. my colleague have spoken to

three democrats on the house intelligence committee who were in the room. who said that's not what he said. and in addition to that lindsey graham released a statement saying this warrant and this investigation was based on more than just the dossier. dissputs on that. from dratemocrats and republica. whether the judge knew about this. we have heard this on hair from the eric swalwell. there's that. dig deeper. it's interesting later in the dossier it says that the counter intelligence investigation by the fbi of russian ties to the campaign began months before the application for a warrant to monitor carter page and was in the based on information provided by george papadopoulos. told an australian diplomat he was told months earlier that russia had dirt on hillary

clinton. that under mines this was all about the dossier and the judge knew nothing. there was other intelligence. >> all right. thanks so much. more now on the president who has been spending the weekend or will be spending in mar-a-lago. sanchez now with more. what are we hearing? >> today the president told reporters that it is a disgrace what's going on with the nunes memo. also saying that a lot of people should be ashamed of themselves. the president didn't get into specifics about what he objected to in the memo. what upset him about the memo or who it is that should be ashamed of themselves. report es asked the president if he had confidence in the deputy attorney general rod rosenstein. who is mentioned in the memo by name. he said quote you figure that out. the speculation of course being that based on circumstances surrounding the release of the memo and other comments made by the president that this could

lead to the firing of rod rosenstein. >> yeah, and has the white house tried to clear that up at all? the fate of rod rosenstein? >> drepty press secretary walked back the president's comments this evening. he was on cnn saying that the president had full confidence in the deputy attorney general. and there would be no changes at the department of justice. sources close to the president have confirmed that saying right now the president is not considering firing rod rosenstein. we should point out, john, officials in the administration have been told they have the full confidence of the president before. only for them to be shown the door shortly after that. beyond that, sources familiar with the president thinking tell kren that part of the reason he's hesitant to fire rod rosenstein is he believes firing the deputy attorney general could prolong the russia investigation. whether it's firing of james

comey. reports that he's upset with attorney general jeff sessions for recusing himself from the investigation. or reports last week that the president wanted to fire robert mueller only to relent at the advice of his attorney. this president is frustrated at his lack of influence over the investigation and wants it to be over. >> down in florida. where the president is this weekend. keep watch down there. to hear if any announcements come. democrats both on and off the intelligence committee hotly dispute this memo. and as you know have a rebuttal to it they hope to release at some point in the near future. joining us now is democratic committee member congressman swalwell. there was a lot of noise about how it would do tremendous damage to the intelligence community. it doesn't seem to be a lot that wasn't out there already. so, were some democrats over

hyping their concern? >> good evening, john. no. a lot of the concern was that you would be during an ongoing investigation and realtime revealing to the public evidence that exists in the case. just because the public knew it's never been the practice to acknowledge the ef out there. the white house had to sign off. you're giving subjects of this investigation including the president and white house counsel don mcgahn a look into the evidence against them. never would you allow a suspect to look at the evidence the police have. that's not the practice. the larger issue here is the rule of law. the idea that political leaders in a democracy do not go after the police when they're being investigated or use the police to investigate their opponent. that's what's happening here. we should release our memo immediately. and do all we can to protect bob mueller and rosenstein. the intent here is to try to

under mine them and see them gone. >> it's the only evidence released is the fisa process on carter page. which cnn reported a year ago. april of 2017. >> also papadopoulos. >> that maip the democratic argument. the investigation began months before this fisa warrant was even pursued. earlier you claim that as part of the application for the fisa court it was disclosed part came from a politically motivated source. chairman nunes reacted to that ask said it wasn't true. these guys tell so many lies you can't keep track of them. do you standby the previous statement. and what chairman nunes said. >> i standby it. i believe that the public will have further clarity if the memo is released. and chairman nunes has acknowledged he has not read the fisa application. i'm concerned he's putting this out there without understanding

fully what's going on. in the interview he said i casually i have read the democratic memo once. this is serious stuff. he should be well versed in all the testimony and the facts. he hasn't sat in on any russia interviews. he doesn't know the testimony. >> you haven't read the intelligence either. only schiff has, correct? >> i have been briefed. by the staff. we do not have access to the actual application. which is part of the problem. >> the memo says that the fisa court of not told that the funding came from the clinton campaign and the dnc. you i think are saying they were told it came from political connections. there's a distinction, isn't there? >> i think the memo will provide greater clarity. the court was told in given evidence that demonstrated the political under lying motivation. again i can't say more.

they have muzzled us. they voted for our memo not to come forward. that will be cloered up. >> should the court have been told that the funding came from the clinton campaign and democratic sources? >> i can't go into what the court was told. they should release our memo. >> in a perfect world. should a court be told a memo like this if it's being used. o r a dossier. was paid for by a certain group. should they be told the identity of the group? >> the court should be aware of potential bias that witnesses have. but also remember that in this affidavits whether it's this investigation or others. you mask the identity of the individuals because you want to protect those individuals. for the republicans to have all the concerns about unmasking. it looks like individuals were masked so that the court didn't know anymore than they needed to know. for the protection of the

individual. >> were you in the room when andy mccabe testified before the committee? >> yes, i was. and i found him credible. and how they have characterized his testimony is wrong. and again that would come to light if our memo were reloesed. >> did he tell your committee that no warrant would have been sought without the steele dossier information? >> he did not say that. i can't say more without the memo being released. and also what's telling again, they didn't quote andy mccabe. in the possession they have mccabe's testimony. from his transcript. why didn't they quote him word for word? that is it very telling about what they're trying to do. >> you can't tell me word for word what he said? but saying he didn't say it was the only thing yoused. >> he didn't say that. that's false. i wish i could. they voted to muzzle me. and to prevent the public from seeing it. >> would it be illegal in any

way to use a dossier to not tell a court where a dossier comes from? any legal questions there? are they legally required to identify the source of the information? >> they're supposed to allow the judge who is the independent branch of government to have all the facts available. so they can make an unbiassed way a determination as to whether probable cause has met. this is not proof beyond a reasonable doubt in front of a jury trial. this is to start an information. through surveillance. so it's a very low standard. and you want the judge to have enough information. and there were other independent pieces of information then just the steele dossier. which the memo would show the public if the republicans allow it to be released. >> all right congressman, thank you for being with us. we'll speak to a republican chris stewart shortly. in the meantime i want to bring in an all star panel.

david axel rod, michael zeldin and james. it's been a few hours. you were on tv. you were anchoring the big show when the memo came out. it's been several hours. what's the political fall out? >> we are it kind of where we were before this. in that republicans who want to believe that they there's absolutely no real reason for the russia investigation. that this was all political bias. this is a a hoax as the president says. they will believe this memo tells them that. democrats as we have seen, are saying just wait. we'll show you our memo and it doesn't come anywhere close to what this says. having said that, there are more republicans than maybe one would think in the polarized environment where we are who came out and said you know what, give me a break.

this memo is not even close to the whole story. it doesn't even tell what the contradiction inside it. you mention some of this when you were interviewing the republican democrat congressman on the committee. just for example they insist the what they call is a discredited dossier was the crux of the fisa warrant. and the very end they say oh no, the whole russia investigation was begun before the dossier was compiled. so at the end of the day this is a big political drama. and the big question i think tonight is whether or not the people around the president who are begging him not to fire rod rosenstein are going to succeed. because he wanted to use this political document as an excuse to to do just that. >> we talked to hogan giddily. it's clear they're sending the

message they're not firing him. whether or not that message is for us or the president. is a vastly different story. >> the thing that is hard to square is how does a president go out and say this is a disgrace, and use the language he's used, and then essentially embrace the notion that there was a high level conspiracy and say but i i'm fine with him. you can't square the two. the memo was designed to try and discredit the whole probe. to put pressure on all those involved in the probe. and then so to throw it out there and back away from it. is hard to it's hard to square. i suspect his lawyers are telling him this would be a disaster. you can't do this. he would like to.

and you have to wonder if he decides that this thing is headed to bad place, the mueller investigation, would he not go ahead and do this on the theory that i'd rather take the hit than see this come to a conclusion. >> hang on one second. we'll pick up the conversation when we come back. reaction from other lawmakers from both parties. what's in it and what might have been left out. are cream conditioners bringing your hair down?

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we're back talking about the nunes memo and the uproar surrounding it. i have seen people commenting on social mode ya trying to explain where this falls. people are saying not a nothing burger. but also not all that. where does it fall in the extremes? >> if it's true that a garbage dossier that even former fbi director james comey says is salacious and unverified fts used to efficient an important element of the investigation. that's important for the public to know. we have factual disputes. democrats are saying it's not true. it's a dossier. it wasn't revealed the partisan funding. but behind that research. let's fine out. i think what's happened today in part is the seal has been broken on information around this investigation. and now we'll see more. the mccabe interview, notes, we might see the application.

we should see the schiff report. and all that is good for the public. >> i just think that even what you said. the he said certain parts of it were salacious and unverified. the president reacted badly to it. the fact they misrepresent that. it's a problem. they leave out the fact the washington free beacon was the official funder. they didn't fund the dossier. when they're complaining about not all the information being given to the court. when they make their case they're not making all the information. chris said earlier that mccabe didn't say what they say he's saying. so. >> jim and eric swalwell all democrats say he didn't say the dossier was the only reason they sought the warrant. republican devin nunes said he didn't use those words but essentially that's what he said. >> he said he would be happy for the quotes to come ut.

>> let's see the interview. >> i talked to a republican tonight. who said that they couldn't divulge what the information was. because it's classified. but there it other information that predated this dossier. not what's in this memo. not this papadopoulos meeting. in 2016. but something else that we don't know about. so even republicans are acknowledging that have access to the intel. >> here's the dossier. this is it. it's 17 memos. two of which relate to carter page. and relate specifically to his meeting with the guy. who is the head of the state oil company. and the conversations about page that are reported in the steele dossier is that page and sechen talked about the relief of sanctions against ukraine and russia. if trump were to win. that's the dossier as it relates

to carter page. if that's presented if that's what's presented with respect to getting a warrant with carter page. they have to verify that. which they probably do. these are probably conversations that have been listened in on. i don't think this is the first time the fbi is learning that carter page who a person they have been following since 2013. they have warned to stop essentially dealing with the russians and he goes over nos cow and has a meeting. that that wasn't known. it's two memos. relating to specifically sanctions relief if trump is related. all this salacious stuff has nothing to do with carter page and the pursuit of a warrant on fisa court which is why this is really disingenuous. with respect to how it may have been used before the fisa court to obtain a warrant. >> you want to jump in? >> is it possible you could have positions on two ends here? can you say suggest that you

believe that the russian accumulation investigation should proceed. we trust mueller let it run its course. >> gowdy. >> can you say there's troubling things that happened on the seventh floor in my fbi that need to be investigated. i'm an army veteran. i understand that the commander in chief has to be a civilian. you can't have a military. and the same thing in federal law enforcement. we have to have rules, we have to be governed by congress. we have to have over sight. you'll remember back when the torture memo was a big deal. under senator finestein. republicans bristled at this report that came out that is right partisan. the democrats are doing the same. we heard this song. let it play out. let me say i'm under when he will med by this. but i'm troubled by what happened at my agency. >> there are procedures. there is an inspector general in the justice department that the

committees have faced these kinds of issues before. and worked on a bipartisan basis. they called witnesses. they asked questions. it is the way this was approached that has made the so peculiar and suspect. >> to the exact point. christopher wray it has reported when this memo first surfaced as a possible to be released said please don't do it. i'll come before the committee. i'll testify. closed door, open door. provide answers to the questions you have. and the committee said no thank you. we'd rather -- >> committee republicans have had a fraught relationship with the doj and fbi. they have been stone walled for months. and the attempts to keep them from getting at this raw intelligence. and the story that releasing this memo would compromise national security. which seems absurd. that's why there's been suspicious between the two sides.

the idea there's not partisan ship. adam schiff is just disinterested pursuer of the truth and has no political agenda. >> the wray statement the fbi official statement came out saying this shouldn't be released. didn't talk about sources sp methods ask national security. it said essentially was that the memo is inaccurate. the fbi was never approaching this at least publicly as the sky will fall in and sources sp methods will be revealed. were they sources compromised? >> in the 3 and a half pages that i digested. no. the argument is but you identified steel as a cooperator. >> we identified steel in april of 2017. that's -- >> people argued. that's unprecedent. you should never admit. even if it's known. never admit somebody. >> isn't one of the problems

that it's hard to respond to this without potentially revealing sources and methods? it's about what hasn't been said that people are concerned about. >> we have time for one more question? okay. back to you. i want to get the sense. we were talking david was pointing out it's inconsistent to say this reveals things that are horrible. and say rod rosenstein you can stay on the job. as we have been talking about all the aids are saying he's fine. the president has confidence in him. rich was suggesting it only takes one time or ten minutes for the president to change his mind. is there concern that might happen? >> absolutely. of course there's concern it might happen. look at the enof the day let's be honest, if the president were to wake up tomorrow morning and fire rod rosenstein, it is not because he read this memo and said i'm worried about the

institution of the fbi and he really didn't do the good job right to get this fisa warrant. it's not. we have reported that he has been calling his friends and his allies saying that his hope was that this was going to allow him to -- it would under mine the mueller investigation. who was in charge of the mueller investigation? rod rosenstein. if he were gone things could change. and there's talk about how that could change among people close to the president. thank you. much more to talk about tonight. we'll be joined by a republican house of the member of the house intelligence committee. why he thinks the nunes memo is just fine. to severe crohn's disease. then i realized something was missing... me. my symptoms were keeping me from being there. so, i talked to my doctor and learned humira is for people who still have symptoms of crohn's disease after trying other medications.

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all right more breaking news. joining us tonight utah republican congressman chris stewart. a member of the house intelligence committee. congressman, thanks for being with us. the ranking democrat on your committee adam schiff spoke today with wolf blitzer. >> what it end up delivering is criticism of a single fisa application involving carter page and the reyule. that cherry picks information that doesn't tell the reader the whole of the application. and the deeply misleading. and inaccurate. you can cherry pick any search warrant application or fisa court application and do the

sa same thing. >> all right. your response? >> yes, just simply not true. and time will show that it's not true. we look forward to the democratic response to this. we look forward to the fbi response. i hope the fbi does respond. i hope we can declassify and show more and more of this information. when we do, just like a couple days ago when we talked we said let's let the memo be judged on its own merit. let the memo and the democratic response to be judged on its own merits. everything in the memo is accurate and true. >> so one of the things that democrats are saying is that this statement is misleading. that deputy director andy mccabe testified before your committee in december 2016 no surveillance warrant would have been sought from the fisa court without the steele dossier information. is that what he snad. >> yeah.

i have heard people say that. it's in the true. the accusations or the sub position that's not what he said. it's not true. i was there for his testimony. i helped to question him. i asked him that specific question. and i can assure you that the response was this fisa application would not have been submitted were it not for the dossier and the other supporting material. which was by the way -- >> hang on. >> a yahoo news report. another news report based on the dossier. those were the two foundational elements for the. >> was there anything else? besides those two documents submitted to the fisa court? >> not really. >> not really or not at all? >> look. there were other sentences. there were some other things. there was no other evidence presented. other than those two things. >> was the evidence about the past investigations of carter page? was that part of the submission.

>> i don't know if i can answer that. i'll go out on a limb and say no. it was not. >> all right. >> it wouldn't be. here's the reason why. bauds carter page had never been charged with a crime. >> okay. one thing that was inclouded which is more than a couple sentences. according to to the memo. was that there was a counter intelligence investigation of george papadopoul george papadopoulos. another trump campaign advisor in july chl the first part carter page discussion here. there was clearly more evidence submitted than the dossier and the article. there was another trump foreign policy campaign advisor was under investigation. that's important. >> listen, you can say there were other people and under investigation for other crimes. that doesn't in any way reflect on this question about carter

page. whether he was under investigation or not, george papadopoulos. the reality is he had nothing to do with carter page. they drew no alliance between them at all. >> that maybe. they were both trump campaign foreign policy advisors. which maybe significant. yes? >> i suppose you can maybe draw that conclusion. i'm telling you i don't think in a court of law you could. this person is under investigation therefore we can investigate this person. when there's no relation between them. >> the memo goes to great end to point out the fisa court was never told that it was a clinton campaign funding and democratic party funding behind the dossier. we have had democrats say that it was pointed out. there were political connections to the funding. do you agree with that? >> yeah, they do say that. it shows the di deception. they were trying to hide the fact clinton paid for this.

they knew that. >> do you have evidence -- hang on a sec. do you have evidence that they tried to hide it? or they omitted it. >> i'm saying the fact they said there was political behind this. shows they were trying to, not trying to be cloer. because they didn't tell them. they knew clinton instead of saying hilary paid for this. they said a political person paid for that. >> do you know -- >> they were trying to hide the fact. >> there's something the public can discuss. whether or not they should have been told. why not tell them everybody you know in submitting the application. do you know whether it's legally required? i looked at the case law. it's murky. it isn't clear deal lg with an informant. that you need say everything about the informant. >> i can promise you they had an obligation to do this. legal and moral and.

i have talked to prosecutors. they are shocked they would el li eliminate something to obviously relevant. wouldn't you want to know hillary clinton paid for it. the dnc paid for that? surely the judges want to know that. >> four judges all said the warrant could go forward. and again just the fact i understand what you're saying. thank you very much for being with us. i appreciate it. >> thank you, john. good night. some republicans especially some certain cable news hosts presented this memo really in terms before it came out. promising it would be bigger than water gate. did live up to the hype? james says no. we'll ask the rest of the panel next. my name is jeff sheldon,

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so if you have been paying attention to the drama. some republicans and some cable hosts who were not exactly subtle when they describe the content and the potential impact. >> this is bigger than water gait. that's water gait is like stealing a snickers bar from a candy store. in comparison. >> you think about this is happening in america or the kgb?

that's how alarming it is. >> it's earth shaking. it goes deeper than water gate. >> this will not end just with firings. people will go fo jail gl this is our government spying on political adversaries. this is federal law enforcement officials obstructing justice. >> if this isn't wear gate on steroids and every person involved not investigated and not prosecuted to the fullest extent of the law we have shredded or constitution. >> water gate on steroid and snickers. apparently. i'm back now with the panel. david axel rod, politically speaking are they well served by the pregame hyper bole? >> i don't think they care particularly. the goal is politicize the entire discussion. so that it looks like a political tug of war. and not a legitimate investigation. i think that there's an attempt to try and make it look as if

this is just politics as usual. and not a probe into potential criminal activity. or collusion. or obstruction of justice. >> the means is the end in in case. >> i don't know. i think they are wrapping the farce of this being an actual national security institutional memo instead of a political document. up in to the politics that they're trying to push. you're right, they don't really care about the ramifications. because the people who they're trying to reach at their core are going to believe what they're saying. but i do think this whole exercise by getting it out through the house intelligence committee is aimed at trying to give it credibility. and the end of the day, it isn't. and doesn't have credibility. >> except for the people they're

talking to. >> the thing is based on the people i have talked to today who are trump supporters, who are also -- professionals in washington. they think it is a bomb shell report. they believe what they believe before. they say that the president obama weaponized the fbi. this is evidence of this. and i have gone back and forth on different things. i think to a certain extent maybe it's not as bad as water gate. they think it rises to the level of a major scandal and really proves things that i just don't think it proves. >> we read the president was consultanti consulting sean on what he should do. director of national intelligence and justice department and dook the advice of director hanty on this. i think that they are pushing a narrative to polarize this

debate and set the terms on how to deal with the mueller investigation going forward. >> delaware nvin nunes have beed about this information. they're quite sincere. and appoint from 30,000 feet is not unusual. in fact it's the norm. when you have an investigation into the president of the united states. it becomes heavily politicized with each side seeing it totally different and focusing on different things. ken star started the investigation of bill clinton. and ended them a sex obsessed perv. >> on the question of worse than water gate. and makes it look like snickers bars. yes or no? >> it did not do this memo any favor. that the allies of the president were making it sound like a combination of water gate and the linn berg baby kidnapping. it was never going to live up to

that. i think it's important and it's starting a public important public debate. let's get more information. >> i was going to say. >> let get snicker bars. >> there's advertising going on here tonight. you are so right. there's no question that when you start to look into anything that is even remotely political, people on both side even on the most bipartisan of committees go to their corners. having said that, this is an area where if the goal was as this memo and as all the republicans who have come on have said, to really get to an important question of the fbi and the doj and whether they are appropriately using the tools they have to infringe on american civil liberties. if they're doing it well and right, then the fact it is so partisan is such a shame. and they should have worked

harder. on both sides. >> they're are a couple things you want to remark on. to that last poipt. we talk about this yesterday. that they just had reauthorizization hearing on fisa. on the most controversial part of it the warrantless acquisition of information. some wanted there to be a warrant requirement. the democrats. most republicans didn't. and all vouched for the court. and the judges on this court. and the process before the court. it's ironic to say well, now that opportunidoesn't apply. if they have serious concerns, if they were sincerely interested in addressing problems in the court. they had ample opportunity to do it. in that hearing. and had ample opportunity to do it in over sight hearings which they didn't under take. >> quick word from jim. >> a couple fun facts about fisa. number one, they almost never don't get approved.

they always get through. into context in the yore of 2016. president obama last year in office it was the highest number of fisa sent back to be modified or rejected. we can argue act the pieces of this and whether or not the information about the opposition research being the basis the genesis for this should have been disclosed for the judge. i say heck yeah. other people say it's immaterial. >> taking a quick break. we'll be back and discuss what republican senator john mccain had to say. stick around. it's nice to remove artificial ingredients. kind never had to. we choose real ingredients like almonds, peanuts and a drizzle of dark chocolate. find your favorite and give kind® a try.

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senator john mccain of arizona weighed in on the memo. the latest attacks against the fbi and department of justice serve no american interest, he says, no parties, no presidents,

only putins. he added the american people deserve to know all the facts surrounding russia's effort to subvert our democracy which is why mueller's investigation must proceed unimpeded. mccain concluded with this, our nation's elected officials, including the president, must stop looking at this investigation through the lens of politics and manufacturing political side shows. if we continue to undermine our own rule of law, we are doing putin's job for him. back now with our panel. interesting words. speaker ryan let this happen and approved it, start to realize he had distinguished between this memo and the mueller investigation. >> i wanted to comment on something. in this context that rich said before, you were absolutely right. there was a campaign against the special counsel during the -- to color that investigation. what's different here is the attack on the fbi, the attack on the whole department of justice,

the overruling of his own appointees, the estrangement of other republicans over this. this is an assault on the entire institution of law enforcement intelligence, and there are ancillary impacts of this that are really, really negative. >> rich? >> i don't see it as an attack on the entirety of law enforcement. i think there are four or five officials that they think are biased that mishandled the clinton e-mail case and this. they're focused on that. i agree with the end of mccain's statement. he should not fire rosenstein. he should not try to fire mueller. i believe what enrages the president is he thinks he is innocent and might be right and thinks it's a witch hunt. his instincts are naturally combative, he wants to lash out the way he did with comey. he got a longer investigation and a bigger mess. that would happen times two if he -- >> i want to take one last look

at a little bit of the timing here, which is so interesting. every once in a while you will hear this from clinton supporters. we're having this big argument about whether or not the fbi was out to get -- a few officials were out to get donald trump prior to the election. then clinton people say, wait a second. this fisa warrant was in october. no one heard anything about it. what we did hear about, dana, was james comey reopening the e-mail investigation into hillary clinton. >> that's a very good point. again, when you look at the republicans' memo they put out today, the investigation was prompted in july of 2016, before the conventions. we did not know about this at all until after the election. we didn't know officially, formally that this investigation was going on until james comey, when he was fbi director, publically testified to it.

you are exactly right. >> i thought you finished. go ahead. >> michael, go. >> i was going to say, if the effort here with respect to this memo was to sully in some way mueller, i think they swung and missed. i think this has got nothing really to do with the integrity of the mueller investigation. maybe there's something to do with the way fisa warrants are proceeded on in the fisa court and maybe they will have a conversation about that. but i think mueller walks away from this free and clear of any taint. >> 30 seconds left for kirsten and james. >> the argument is it's a poisonous fruit that started the entire investigation. it does inadvertently. i can't say this all in 30 seconds. basically, i think a lot of the complaints aren't really valid, including the one about yahoo being used. we saw a clinton investigation be opened over a clinton cash book written by a breitbart reporter.

that isn't actually that unusual. >> if they're saying the dozen >> what predicated the clinton investigation being public was it started in the benghazi select committee hearings. the investigation into the trump campaign, that didn't start -- it didn't get generated in congress. it was an fbi investigation that got opened and proceeded the way it should have. that was the distinction. >> thank you all very much. a quick reminder, watch the axe files. we'll be right back. false lash? no more fail! new x fiber mascara by l'oréal. one. black primer. extreme volume. two. 20 times more lengthening fibers. extreme length. no falsies. no extensions. just fibers. new x fiber mascara by l'oréal paris.

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be there for you, and them. ask your gastroenterologist about humira. with humira, remission is possible. thanks for watching 360. i'm john berman. go patriots. time to head it over to jake tapper for a special edition of "the lead." thanks. i'm jake tapper in washington in for don lemon. don is spending time with his family tonight as they mourn the loss of don's eldest sister. all of our thoughts and prayers are with don and his family. we're thinking about you. i'm here with a special edition of "the lead." on a day of huge developments in the russia investigation. that heavily hyped memo from the republicans on the house intelligence committee finally dropped. the big question tonight is, will another shoe drop? the president today declassifying the explosive ,