(announcer) if eligible, you may pay as little as $25 per prescription. ask your health care provider today about once-weekly ozempic®. "kick them when they're up, kick them when they're down." you remember. president trump's impeachment seems increasingly likely setting up a trial in the sen e senate. how republicans sitting as jurors sitting with their responsibility might depend on the party's leadership, but i'm not referring to mitch mcconnell, i'm responding to the i have moderate to severe pnow, there's skyrizi. ♪ things are getting clearer, yeah i feel free ♪ conservative media where cracks have appeared in the president's ♪ to bare my skin ♪ yeah that's all me. ♪ nothing and me go hand in hand ♪ fire wall. in the last 30 years, fox news, ♪ nothing on my skin ♪ that's my new plan.

♪ nothing is everything. talk radio, and the drudge keep your skin clearer with skyrizi. report. 3 out of 4 people achieved this is the gloom where the base 90% clearer skin at 4 months. gets it's guidance and it's of those, nearly 9 out of 10 sustained it through 1 year. marching orders and the and skyrizi is 4 doses a year, after 2 starter doses. influence in closed primary states. ♪ i see nothing in a different way ♪ that is why it is significant. ♪ and it's my moment so i just gotta say ♪ if both fox news and the drudge report there have been signs of ♪ nothing is everything skyrizi may increase your risk of infections discontent with the president. and lower your ability to fight them. trump's presidency, while that before treatment your doctor should check you for infections and tuberculosis. was welcomed with encouraging tell your doctor if you have an infection or symptoms such as fevers, sweats, led lines like these. chills, muscle aches or coughs, now they take him seriously, and or if you plan to or recently received a vaccine. ♪ nothing is everything then trump rocks the house, five ask your dermatologist about skyrizi. minute ovation. ♪ things have representatively changed. now is transcript released. republican cracks emerged. 51% want trump removed, and fear, whistle-blower asked to testify in writing this morning.

the front page, shepherd smith leaving. president celebrates. drudge became the go-to source well, good morning to you. for conservatives in the last american impeachment process it is saturday, october 12th. i hope the morning has been good to you so far, i'm christi paul. trumpeting every negative >> and i'm victor blackwell. comment for president bill you are in the cnn newsroom. clinton. in 1998, it was drudge that we start with a report that president trump's personal lawyer rudy giuliani is under federal criminal investigation. released that they kaled the "the new york times" reports federal prosecutors are white house intier strategy. investigating if giuliani's involvement with ukraine violated federal lobbying laws. >> of course then we have the and jaunita broaderic who aused former u.s. ambassador to ukraine telling members of congress yesterday that the president and rudy giuliani wanted her removed from her job. president clinton of sexual for nearly ten hours behind assault. >> what is going on with drudge. closed doors, marie yovanovitch outlined how she believes have you ever heard of clicks? president trump and rudy giulia for this complaint to exist there had to have been a perception that drudge was all in on the trump candidacy.

and the presidency. >> so is drudge doing it because he sours on trump or he is sensing a change in his followship. this comes at a time when the president is warring with certain elements of fox news. on thursday, after 51% reportedly supported impeachment. but fox news is also much different than it used to be in the good old days. and that night at the rally in minneapolis he was quick to single up for praise hosts who he still enjoys. >> ainsley, steve, and brian has gotten better, right? brian was a seven and he is getting close to tenter tire. tucker has been very good, and

the legendary sean hannity. and laura ingram who is not going to -- and you go over maria bartaroma. the great lou dobbs. >> and shepherd smith quit fox news yesterday and he was not on the nice list. drudge and fox, so far no sign of waivering on a.m. talk radio, but the impact of any weaken willing impact the base which, in teurn they will possibly wan to hear articles of impeachment. k president trump win reelection without the support of the conservative media?

joining me now is tracey sepple, known as the drudge whisperer. how to get drudge coverage, and brian rosenwall. author of ta"talk radio's america." >> it is essential, mike, if he loses it, he is done. he has a huge problem and they're the signal. when he really has a problem. >> what motivates matt drudge? clicks or ideology? >> clicks and his own sense of

humor. but as it relates to this topic with trump and impeachment, there is no question that his tone has shifted and in some ways it is because he knows what side his bread is buttered on. he knows he is driving the clicks and he has that incredible influence. he is still lots of people's ohm pages. he was always motivated by the best story, the most clickable story. that is something to grapple with. >> take us in the exchanges that you had with him. what was it like to try to work him. how successful were you. share some insiekt, he is such a man of mystery. >> the mystery is a big part of

his appeal. i have to say when i was working most closely with him. twitter was just a gleam in someone's eye, and the rapid response was really important to the campaign at that time. we're talking about a deck said ago, trump is keenly aware of what is happening in the media world. he would routinely receive stories before they were publ h publish published. transcripts of shows before they were aired. he is very wired in with media news rooms across the country. and what that meant in terms of my work with him is we could talk about what was coming. i was in a position to share things. he was in a position to frame

them in certain ways on his site. it was fascinating to work with them. many people would say he is the enemy, but it was more nuanced than that. experience certainly there was no guarantees, he did things that were positive and helpful for hillary clinton back in the day. and that wasn't to say that he could not in the next moment turn and do something meant to be embarrassing or silly or negative toward her, there was not a guarantee, he was not an ideolog. he can see the way the wind is blowing, he is a capitalist, driven by clicks, making his empire built on a simple website that has not changed in many years and the clicks are the

currency for matt drudge. >> you got a ph.d studying talk radio. what have you seen in the world of a.m. talk? >> the fox hosts that the president praised there, and who he was retweeting, sean hannity, and hannity is all in, and rush limit because said look, if the republicans remove him, it is the end of the republican party, said 90% of the republicans are on board and he can't do this and he talks about democratic lies, how they're out to get him, and he is not going anywhere and as long as his audience is not going anywhere, neither is he. they are two of the key pillars. they are still fully on board. >> well and you heard my

comments at the outset where i saw the leadership stems more from the air waves than it does from mitch mcconnell or the white house. if you're correct, and i'm sure you are, those are fighting word that's he is laying down a marker with senate republicans. >> absolutely yes. senate republicans will understand, and they're making it clear if you do you this, this is war, you're declaring wash on us and we're we will take your base away and your next primary is being taken away. >> quick final question. where you do see a change in drudge recently, do you have any thought what would have precipitated it?

>> well, he is immortal like the rest of us, i do believe he follows the rhythms and he sees the polls and the way the country is responding over the three weeks with the impeepment discussions and proceedings. he is following that. he is also a performance artist and he knows the way he frames things, his color of fonts and what not all changes the discussion. i'm glak that we're recognizing the triumphant may not include him any more. >> thank you, i appreciate you being here. what are your thoughts? tweet me at smerconish. i will read some responses throughout the course of the program. they are ignorant rubes that blendly believe everything fox news says is insulting.

>> the 30 year rise of the conservative media has provided the direction that made possible trump's election me in 2016. brian rosenwall's book lays it all out. there is no insinuation here that those that listen to fox news and listen to talk radio are rubes. that is your word, not mine. people wanted to elect in 2016 someone that reminded them of the their favorite talk radio host. answer today's survey question. can president trump win reelection without the support of the conservative media? up ahead, the democrats think that president trump should be impeached because he tried to get a foreign country to dig up dirt on a political rival.

have there been cases where they could be justified in doing just that. why is the attorney general now traveling all over the world to investigate the origins of the russian probe. he is trying to prove a counter narrative. might he be able to do so? >> i think there was spying that did occur. yes, i think spying did occur. bend at the waist! i'm tryin'! keep it up. you'll get there. whoa-hoa-hoa! 30 grams of protein, and one gram of sugar. ensure max protein.

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♪ nothing is everything. keep your skin clearer with skyrizi. 3 out of 4 people achieved 90% clearer skin at 4 months. of those, nearly 9 out of 10 sustained it through 1 year. and skyrizi is 4 doses a year, after 2 starter doses. ♪ i see nothing in a different way ♪ ♪ and it's my moment so i just gotta say ♪ ♪ nothing is everything skyrizi may increase your risk of infections and lower your ability to fight them. before treatment your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms such as fevers, sweats, chills, muscle aches or coughs, or if you plan to or recently received a vaccine. ♪ nothing is everything ask your dermatologist about skyrizi. ♪

among the reasons put forward to impeach trump is that he asked a foreign government to investigate a political rooiiva joe biden, but is there ever an example where a president is justified to do so. and if he truly believed a crime was committed is he in the wrong to pursue it? joining us now is a professor at ohio state university's loot where he directs the election law program. he clerked for supreme court justice harry blackman and wrote this piece in politico. is it ever okay for a president to ask a foreign country to investigate a political rival. i want to drill down on the specific legal issue that could confront the senate. i would point out that section

four says this. the president, the president, and all civil officers should be removed from office on impeachment for, treason, and bribery for high crimes and misdemeanors. i direct them to this. the subjects of their jurisdiction are those offenses that proceed from the misconduct of public men and public trust, and you wrote this. in order to prove trump approved his presidential powers to the point that he no longer can be trusted in exercising them, the constitutional standard for impeachment, congress must establish trump's intent in making the request. it was done in good faith with u.s. foreign or dmise domestic

mind. can he convince the senate that he was acting in the best interest of the united states, he was worried corruption in ukraine. might that lead to his common ration? >> i think it would. >> might there be his test defense to own this, i was so worried that u.s. tax dollars would be squandered in a corrupt engagement. >> the opposite of good faith is bad faith. it defend ons what senators believe was his motive. he can try to make the good faith defense, but if they think other than he loses that

argument. >> does that require a senator to get on his head? >> it does, i don't think you can make the judgement based on the phone call itself. you have to understand the context behind the phone call and deciding whether or not you buy it or don't buy it. >> is there any historical precedent that the president can turn to for support? >> yes, there is. there are two examples. one old and one more recent. the old one involved aaron burr. he worked with britain to try to take territory away from the united states. so it would have been justified for him to ask what aaron burr was up to to try to figure out what he was up to.

the newer example is richard nixon running for the presidency. johnson wasn't a candidate by october, but he want today be a candidate. and he heard that nixon was interfering with peace talks in south vietnam. so it would have been appropriate for president johnson to ask south vietnam what nixon was doing to protect america. >> i really appreciate what i think is such a cogent legal analysis from you that i have not heard from anyone else, now i want to ask you a political question. as i understand your explanation, this is for joe biden because it almost guarantees a litigation of the president's underlying allegations against hunter, am i

misreading this? >> no, that is correct. i don't think there is any way to make a judgment about president trump's motive without asking what were the facts regarding joe biden and hunter biden and if president trump informs good faith or bad faith in the investigation. >> so following the gooins that comes out of this issue analysis will to probably be to say yes, i held up the money, i was justified in doing so. i was acting in the best interest of the united states and then try to convince the jurors and the senators of that. >> yes, i think that is right, that is the analysis. neither of us are buying into the argument, but we're saying this is the issue. >> correct, i don't have any

other evidence about the merits of the claim about joe biden, and if they goat it, they have to look at president trump's motive. i'm just identifies the relevant issues. >> that was excellent, thank you, professor. . >> thank you. >> william bar certainly overseeing the russian investigation. the president is trying to prove -- >> i was investigated. i was, me, and my campaign, i was investigated and it could have been by the u.k., they think it could have been by australia. they think it could have been italy. i was investigated by the obama

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torn general bill barr is investigating the russian probe. the short version of what we learned was this. one night a trump campaign foreign policy advisor after a night of drinking in london tells an australian diplomat the

russians have dirt on hillary clinton. it doesn't register until the wikileaks dump later. they call the americans. an investigation gets launched and a trump campaign, foreign policy advisor with russia. it deposits a deep state conspiracy. does that story have any merit? joining me now to drill down on this is the new york times pulitzer prize winner. mark, why rome? why according to your reporting has bill barr been twice in roam in the last couple weeks? >> he is tracking down one aspect of this conspiracy which

is that george poapadopulous ha meetings, and he was provided with insight into what the russianth might be up to with regard to the e-mails. the counter narrative is that that is not the truth. the truth is that they were put up to this by western intelligence, the obama administration, and it was like an elaborate entrapment campaign. this is a conspiracy that as the president said, potentially multiple foreign allies and barr and his top prosecutor john durham are pursuing this counter narrative. >> do those that are pursuing to the counter narrative disbelieve the russian attack. the russian meddling or the

hacking of our election? or do they think that both are true? the russians meddled, but the deep state used that as a means of access to investigate, surveil, people around him. >> you can believe both. you can say they did in fact launch and carry out this sabatage campaign. and that they were concerned enough about his ties to russia and the aspect of a trump presidency to launch this spying campaign, but there is no evidence that has emerged to support this counter narrative. i think it is important to also put this in con dex about the president. the reason why this phone call with the ukrainian president in july so alarmed this whistle-blower was not just that he was asking the president to

help rudy judeigiuliani, it waso back and look at 2016. to barr has a parallel investigation on involving italy, australia, the u.k., and it is not getting as much attention, but it is important because it is the arm of the federal government. >> and john durham and his day today responsibility for it opinion someone that you have covered in the context of the cia investigations. >> he was brought in in the bush administration to examine the interrogation program. he has a history of going after mob cases. he has been part of the campaign for a long time and he is certainly seen as a straight shooter. the strange thing about this whole investigation is that you

have the involvement of the attorney general overseeing it and she asking the president to broker meetings with foreign allies to help set up these meetings overseas. and of course the pthd is at the u center of this and there is a perception of conflict of interest. >> a quick final point, if i may, i want to put this on people's ra dollar screens. when the nation is further entrenched in the impeachment conversation, a report from john durham might drop. >> it is certainly possible. it certainly seems to be a dleb rate prosecutor. it could take months. it could come out one way or the

other in the middle of this thing, and what he finds could have a real impact on the president's political fortunes. >> thank you for a great report. >> thank you. >> i want to see it, i want to see the mueller report, i believe in the legitimacy of the mueller investigation. i want to see what durham comes up with with bill barr. i want you to answer the survey question at smerconish.com today. still to come, why did this seating arrangement at an nfl game last weekend cause twitter to lose it's mind. my take on ellen de generis friendship with former president george bush. or to humira® in providing significantly clearer skin. don't use if you're allergic to tremfya®. tremfya® may lower your ability to fight infections and may increase your risk of infections. before treatment, your doctor should check you

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they're industry leaders, but the most important thing is they want to do it the right way. i'm really excited to be part of the morgan stanley team. i'm justin rose. we are morgan stanley. last weekend ellen de generis went to dallas because she sat in the box of cowboys owner jerry jones next to former president george w. bush and former first lady laura bush. here is some of the tweets. one photo shopped hitler next to her. one said this is what class s

solidarity looks like, as president bush opposed gay marriage, got us into the wars in iraq and afghanistan, so some wanted de generis who famously came out in 1997 and is married to portia de rosse. here is what ellen said in her show. why is a gay hollywood liberal sitting next to a conservative president. ellen and george bush together makes me have faith in america again. exactly. here is the thing, i'm friends with george bush, i'm friends

with a lot of people that don't share the same beliefs that i have. i think it is okay that we're all different. when i say be kind to one another, i don't mean only the people that think the same way you do, i mean be kind to everyone. it doesn't matter. >> amen to that. she got a lot of support, but for some people on twitter it just inflamed the situation. actor mark ruffalo said until he is held accountable for the crimes and the war, and they talk about swho best dressed or what best mayo is. i commend ellen for standing up to the twitter mob. who among us do not have someone in our family or social orbit

for who we disagree with politically. for those that don't, i argue it is their lack of integration. people who are different, that is a large part of our problem. time for ellen's critics to do what she just did and that is "get out of your bubble." still to come, nancy pelosi is trying to keep the impeachment inquiry narrowly focused. as other scandal continue to melt. you've tried so many moisturizers...

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so does nancy pelosi need to rethink her scope of the impeachment inquiry. she has pressured the president to investigate joe and hunter biden. the public has already seen some evidence released by the white house itself. just in the last 24 hours the president lost his appeal for the subpoena of his tax documents. two of rudy's other clients were

arrested. the former ambassador to ukraine said she was removed by people with clearly questionable motives, and jougiuliani is und investigation for breaking lobbying laws. will pelosi be able to keep this focused on ukraine? and should she? rachael, do you think this will, in the end, be a decision made by moderates in the democratic caucus? >> good morning, michael. that is certainly a crowd in a pelosi is taking a temperature with right now. when she decided to back the impeachment inquiry three weeks ago. these are people that come from trump districts that could see potential blow back from an impeachment inquiry. and that is the reason that pelosi had been holding back on impeachment the hold time. she has been worried about the

blow back for these members that make up the majority. if we're going to impeachment president, let's focus on ukraine and something that we can prove and republicans can't accuse us of having a big witch hunt against the president and we can minimize any political damage. pelosi for now is sticking to that strategy. there was a call yesterday where she talked to members of her districts and some people are pushing for her to expand beyond ukraine to look at as trump pressured other countries to try to do the same thing, try to make foreign policy promises to get them to investigate a political rival, but pelosi says for now let's stick to what we know, what we actually have evidence of and that were for now, is ukraine. i would think the timing will become another consideration because time marches on now the 2020 cycle is upon us and if the focus is

expanded, no doubt that will delay how long this process will take to run it's course. >> yeah, so time and politics are the two sort of factors complicating these decisions, i think. pelosi when she decided they were going to do this she wanted to have it done by the holidays. move quickly and swiftly and use the momentum we're seeing right now with the media and the voters around the country and get it done so we can pivot back to issues. pelosi always thought that impeachment would not resonate with voters, so to keep her majority she thinks they name to focus on 2020, that was the thinking behind moving quickly. and they are questioning whether or not that is the smartest strategy. i was talking to dan fipfeiffer who has a podcast and he is saying this is the first time the democrats took the

microphone from the president. this is the first time they're really on the offensive against the white house. trump, there has been a whole bunch of scandals in the last few years and none have really touched the president. in the last three weeks alone they have seen a seismic shift. now a majority of voters and some independents are starts to supporting them. if you can turn up damaging information on the president, why tom now if you can keep the momentum going. >> a quick final question, if you may, do you expect a vote any time soon on the impeachment inquiry in is a republican and white house criticism of the process now under way. >> my understanding is that didn't come up on the caucus call they had. this is a white house talking point. the republicans privately admitted to me they don't have a lot of substance they can push

back on right now since the president is admitting what happened with ukraine. they latched on to process if for now republicans are saying this isn't happening. from my understanding pelosi thinks if they have this vote they're giving into a vote. the only thing they think could possibly change that calculus is if a federal judge says they actually need to have this vote to get certain documents. you know that democrats right now are fighting in the courts to uphold subpoenas and they're arguing they're already in an impeachment inquiry, but they're saying if you need a vote to make this official, i think they will do still to come, your best and worst facebook tweets and

comments. we'll give you the final results of the survey question. you still have time to go vote right now. can president trump win re-election without the support of conservative media? is that net carbs otal? eh, no. chocolate would be good. snacking should be sweet and simple. the delicious taste of glucerna gives you the sweetness you crave while helping you manage your blood sugar. glucerna. everyday progress. man: how can i deliver superior long-term results? it begins with a distinctive approach to managing money. that for over 85 years has focused on keeping confidence up when markets are down. an approach where portfolio managers work well independently. and even better together. who don't just invest, but are personally invested. can i find a proven approach designed to deliver results? with capital group, i can. talk to your advisor or consultant for investment risks and information. sleep number 360 smart bed. you can adjust your comfort on both sides your sleep number setting.

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plus 0% interest for 24 months and free premium delivery that could allow hackers devices into your home.ys and like all doors, they're safer when locked. that's why you need xfinity xfi. with the xfi gateway, devices connected to your homes wifi are protected. which helps keep people outside from accessing your passwords, credit cards and cameras. and people inside from accidentally visiting sites that aren't secure. and if someone trys we'll let you know. xfi advanced security. if it's connected, it's protected. call, click, or visit a store today. time to see how you responded to the survey question at smerconish.com. can president trump win re-election without the support of conservative media?

survey says -- 90% no of 9,555 votes cast. that is the correct answer. here's some of what else you thought during the course of today's program. what have we got? do you think there is anything that would make hannity and/or limbaugh leave trump? that's a real easy for me to respond to. no. what's next? hit me with another one. they are the guys on fifth avenue that he was speaking with. real donald trump keep normalizing this insanity. can the senate find that the president was sincerely concerned about corruption? grow up. to you mean find? i'm so glad we have professor foley on the program today, a constitutional scholar from ohio state university. as an attorney i have been watching these events unfold. you know what the skpconstituti says relative to impeachment, treason, bribery, other high

crimes and misdemeanors. you go to the federalist papers to find out what's a high crimes and misdemeanor? it means abused his office. beyond that, what he points out is that this becomes very much dependent upon the president's intent. there is a defense. the president really hasn't offered it because the president hasn't owned the idea that, yes, he held up the ukraine's money because he was worried about corruption. if he were to pursue that and convince people that he acted in the nation's best interests, not in his personal best interest, that could be a defense but he's yet to seize it. that's what we do here. we sort of pursue academically the ways of looking at what's unfolding. i remember people were really upset when i did likewise on obstruction of justice and the mueller report. let's see, how could this be argued. i'm sure there's a lot of blowback coming my way for having explored it but i think it was a worthy exercise. join me for my american life in

columns tour. i will next be in norman, oklahoma, sunday, november 3rd and st. louis on presidents day. thank you for watching. see you next week. is skincare from around the world better than olay? olay regenerist faced 131 premium products, from 12 countries, over 10 years. olay's hydration was unbeaten every time. olay, face anything.