on this issue. they just won't. charles: the mainstream media is licking its chops. we'll know approximately an hour from now. lou dobbs is next. david: good evening, i'm david asman in for lou dobbs. polls are closing in alabama where voters are deciding one of the most of anticipated special elections in american history. doug jones is hoping to make history with a win in the deep red state. one of president trump's personal attorneys calling for a second special counsel to investigate alleged corruption at the fbi and justice

department. a senior justice department official was demoted over his contacts with fusion gps. and the same official's wife was actually working for fusion. we take it up with our special guest congressman ron desantis. president trump calling for an end to chain migration and the diversity advice ra lottery system -- visa lottery system saying they are to blame for recent attacks in new york. we begin with efforts to expose the deep state. one of the president's top lawyers wants a special prosecutor to investigate bias at the justice department. jay sekulow is calling for a he special counsel after revelations about bruce ohr. we learn he was demoted for

meeting with the co-founder of fusion gps. yesterday it was also revealed that ohr's wife nelly worked for fusion gps during the election. the white house stopped just short of echoing sekulow's call for another special prosecutor. >> if we are going to investigate things, let's look at something where there is evidence and proof of wrongdoing. this look pretty bad and i think it's something we should look at. david: joining me is ron desantis. he's a member of the freedom caucus. congressman, bruce ohr and his wife. the fact that they both were essentially taking crews from fusion gps. this is more than a conflict of interest. fusion gps was being paid for by the hillary campaign. they were working closely with

russians to discredit trump as a candidate. this looks like more of a conspiracy than conflict of interest. does it not? >> this goes right to the heart of this whole trump-russia stuff. it shows potentially that you had the democratic party by sending money to fusion gps, christopher steele and the russians to provided this discredited dossier colluding with the fbi and the department of justice. not only with the dossier, did they use information from that dossier to get surveillance on then candidate trump's associates? this is something that would shake i think confidence in our system to the core to have our law enforcement agencies potentially mobilize in service of an incumbent party against an opposing party's candidate.

we need to get more information. i think it circumstantial evidence is very troubling. we need to know when did this trump-russia stuff start? strzok was the one involved in opening up the russia case after closing the hillary clinton case. what prompted that? did the fbi pay christopher steele for the dossier? what did strzok do in terms of using that for potential surveillance. we asked these guys questions and if they don't provide answer, while hold them in contempt of congress. david: we have seen attempt of

congress applied to members of the justice department before and nothing happened. i'm wondering whether a spec special counsel is in order. the problem we all know is their purview becomes as large as the universe and sometimes it's hard to hone them down. but do you think a second special counsel focusing on what russia was doing with fusion gps, what fusion gps was doing with the democrats and members of the justice department? >> it's hard to rein it in if you don't make any attempt to do it. when rosen tine appointed mueller he didn't even -- he didn't identify a crime to investigate. i think you can do a special counsel if you identify concrete offenses that may have been committed and keep it laser focused on that. i don't want sprawling special

counsels even her to things i think need to be investigated. if we get those core answers to those questions you may need more than a special counsel. this could be really significant. david: if you have a special counsel, the question is how appoint. bob mueller clearly had so many conflicts of interest, we see them coming up in his own investigation and the people he appointed to assist him. somebody suggested rudy giuliani could be the perfect person to appoint. he has a lot of experience dealing with conspiracy. many people say he invented the rico charge, conspiracy charge. this looks more and more like a conspiracy to keep donald trump out of the white house. >> rudy would be a great pick. i would say the principle i would operate under is this. if you are investigating the

swamp you can't choose your lead investigator from amongst the swamp. mueller is not in a position to investigate the doj and fbi. he was in the agency for a long time. getting some one from the outside who is respected and tough who will not be afraid to upend this stuff in the swamp. this bureaucracy needs to be turned upside down. david: one thing we haven't talked about is obstruction of justice for you guys. there is a lot of information including about peter strzok, what he did and did not do with his connection with fusion gps. his notes to his mistress. his anti-trump notes which bob mueller had access to for months before you were asking him for exactly that kind of information. was there obstruction of justice

in terms of what you have folks in congress were trying to get? >> we definitely know we were stonewalled. david: what is the difference between stonewalling and obstruction of justice. >> the way the agencies go, they delay, delay, delay. when they have to, they do it. but i would say the on reason this came out is because they knew the i.g. was asking by the and they night was a matter of time. so they leaked it. either the doj or the special counsel's office leaked it. why are you leak it and not informing congress? it hits the credibility investigation of the special counsel and the credibility of some of the folks in the justice department. david: turning now to the high stakes race in alabama. voters are trying to decide

between republican roy moore and democrat doug jones in a special senate election that carries national political implications. if moore loses, republicans would see their majority cut to a single seat. reporter: fox news learned if roy moore wins tonight's election, mitch mcconnell plans to call a meeting of all gop senators to discuss messaging and whether to launch an ethics committee investigation. roy moore literally rode to the polls on horseback. that's his typical tradition. moore facing an unexpectedly difficult race because of allegations of impropriety.

reporter: the moore campaign accused outside interests of meddling in the alabama race. but moore created several prominent supporters from out of state including louie goaler, david -- louie gohmert. >> fake news will tell you we don't care for jews. one of our attorneys is a jew. we have very close friends that are jewish and a buys and we also fellow ship with them. reporter: moorms supporters insist those comments were an outreach to the jewish community. the post has been denied access to tonight's event. david: we are coming right back

with much more. please stay with us. president trump calling for an end to chain migration and the diverse lottery visa program. president trump: chain migration and the lottery system we'll end them fast. david: it's decision day in alabama. republican roy moore facing off against democrat doug jones. who will prevail. we'll have more on the high stakes race. stay with us.

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david: president trump putting pressure on congress to end policies that he says allowed the two most of recent terrorists into our country. president trump: there have been two attacks from foreign nationals here on green cards. first came through the visa lottery and the second through chain migration. we are going to end both of them. david: two terror attacks in three months in new york city. both of which were committed by

these chain migrants. what does that tell you? >> it shows the immigration system -- here we are talking about the legal immigration system simply doesn't do what's necessary in a time of terrorist threats to protect the country. look at the rationale for these two pro vision. visa lottery? are you kidding me? family reunification is always been a program in need of an explanation. just because person x deserves to come into the united states, doesn't mean all of x's relatives deserve to come in, too. the legal immigration program needs to be resides, too.

personally i favor more immigration into the united states. i think we are better with a larger population, assuming we get legislation. david: somebody from my family who has two sisters that result s. citizens. this person who is in latin america speaks perfect english. has an mba, created businesses and has been trying to get into this country for 10 years. she can't even get a green card. we are keeping people like her out and letting these terrorists in. it's just crazy. >> president trump and several members of congress have proposed modification to the existing immigration system.

if we want to add to the country's strength, not diminish it. when people are coming in without adequate screening whether legally or not. they are using the power of the internet to attract supporters. we need more protection against it. i just don't think we have it yet. david: i want to switch to the investigation. and focus on what the media doesn't focus on. now specific high level members of the justice department, you have dealt with the deep state, if you will, an entrenched bureaucracy that don't want to let go of their way of looking at the world which is contrary to what donald trump and george

bush look at the world. how do you break up that bureaucrat i holding on for dear life and trying to totally contraband the decisions made by the president. >> at the state department you need political people deeper toirnt bureaucracy. we are a year into the administration. the president announces he's going to recognize israel's capital is jerusalem and the state department the next day says we won't recognize that on passports and we are not going to change the maps. david: who is the boss. how does the president say look, i'm the president, i'm the one who decides how these things work, you have to follow my orders. >> the president's authority flows from the constitution. the bureaucracy authority doesn't flow from anywhere. you have got people who are

attending a presidential candidate's victory party, whose spouses are involved in the subject matter of the investigation. this is not the justice department i knew where independents from politics and during political activity was sort of in the dna. i don't know what happened in the last 8 years. but something has gone badly wrong. my faith in the fbi and justice department is badly shaken by this behavior. david: how can that faith be restored? >> jeff sessions has to get his fingernails dirty inside the criminal divisions and wreferls he needs to go, and make it clear these people of need to be untouchable. they shouldn't be subject to political interference. i think that's what 90% of the career lowrls at justice and the fbi are. but there is something rotten

inside that bureaucracy. it's critical to our faith in government. if we don't trust law enforce tovment call it fair fan square. you will shatter people's faith in government. david: that's what holds our society together. if that bonds is broken as a nation, we are in trouble. do you believe a second special counsel is the only way to root out deep state corruption and bias at the department of justice. follow lou dobbs on twitter and insta graham @loudobbstonight. the dow up 119 points. the s & p4. volume on the big board 3.5 billion shares. record levels on a tents tough

tax reform bill. a reminds tore listen to lou's reports three times a day coast to coast on the salem radio network. calls for a second special counsel to investigate the deep state's tangled web of corruption inside the justice department. we are minutes away from polls closing in alabama. we take it all up. stay with us.

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david: special counsel robert mueller may finally be winding down a 7-month investigation that yielded no evidence of russian collusion with the trump campaign. white house attorney ty cobb telling fox news all the interviews have been completed. so, gregg, what do you think it, the fact that the interviews with the white house individuals have been completed, does that mean the investigation as a whole is almost over? gregg: not even close. i think it's overly optimistic of ty cobb that this will wind up soon.

there are various aspects to the investigation regarding obstruction of justice and the firing of comey. historically special counsel investigation go on for a very long time, so we'll wait and see. david: is it conceivable that robert mueller could do what his orders tell him to do, that is, investigate any russian collusion or attempt to interfere with the election including coming out with the details for the russian dossier. gregg: there is a catch-all phrase in the appointment that says any other related crimes. so he could do that. i doubt he would. i'm convinced he has a

deliberate political bias in the case. more likely is sessions should appoint a spec special counsel to determine -- appoint a second special counsel to determine whether the dossier was used to wiretap. and the special counsel, if a second one is appointed, should also look into whether comey and peter strzok at the fbi obstructed justice in the hillary clinton email case. david: there is the case of bruce ohr. his office was very close to the attorney general's. it was found out last week he was dealing with fusion gps which of course had this awful trump dossier which had a lot of false information in it. some of it came clearly from the

russians and paid for by the democratic party. he was using that as a way to get into the trump campaign. now we find out his wife was working for fusion gps. would that not have meant -- that alone, that his wife was working for fusion gps. that he should have recused himself from anything having to deal with fusion gps. >> he should have been fired on the spot for violating doj regulations. you cannot be using a source that your wife works for as part of an investigation. that's strictly prohibited it's unconscionable he would do it. but it under scores the obama holdovers at the department of justice who seem to be politically motivated and arguably corrupt. david: it under scores the deep

state off rating by its own rules that can stay on no matter how many rules they violate. this guy is still working in the justice department. he's still getting full salary. is there any way you can fire these people? gregg: you absolutely can fire them. he signs a document when he joins that says he can be fired if he violates department of justice regulations it's a no brainer. he should have been canned immediately. but everybody there has a conflict much interest. rod rosenstein is prosecutor and witness in the mueller case. and robert mueller has two conflicts of interest that should have disqualified him and yet he persists. david: andrew wiseman was at her

election night party. alabama republican roy moore fist vowing to fight the swamp if he's elected to the senate today. >> it's difficult to drain the swamp when you are up to your neck in alligators. david: now it's up to the voters to decide. this skier taking the road less traveled by in argentina. we'll show you his fearless stunts. we'll be right back.

david: the polls are just moments away from closing in the alabama senate special election. alabama's secretary of state projected 25% of registered voters would cast a ballot today it's 10% higher than the september republican run-off election. charlie, even though those numbers seem small. your getting word the turnout was higher than expected. charlie: absolutely. a higher turnout might suggest it's an advantage for jones because it means a lot of people who wouldn't artily have been taking part in this election got motivated to come out and take part. david: whoever did the get out

the vote message the loudest is the one that will benefit the most of tonight. i didn't sense the same verve in the moore campaign. there were rumors he wasn't even no alabama over the weekend. why was there not more enthusiasm on the campaign trail for moore? mollie: for obvious reasons. this is a candidate who was hit hard by a piece that came out a month ago about sexual million conduct. the strategy was to lay low and hope the raw numbers of republicans could carry him over the top. but like charlie just said, the enthusiasm does seem to be with the opposing candidate. it will be interesting to see whether that's enough to

overwhelm those many republicans voters. there is also a lot of what we saw with the 2016 election with shy moore supporters or trump supporters. david: i have never in my life seen as divergent viewpoints from various polls. we had a poll showing moore 10% ahead. people don't want to tell folks over the phone what they really think. >> out of something like that. any sort of surprise can come out of it. but i think one thing that's interesting about the fox poll that showed moore 10 points behind. the three cop motivators for voters turning out today were keeping the trump agenda alive.

keeping republicans in control of the senate and abortion. all three those issues cut strongly in favor of roy moore, cut strongly in favor of republicans. i agree, i would not make a prediction right now. if roy moore pulls this out. it will be a stunning rebook you have washington and the media and politics as usual on par with the trump election. >> the democrats are counting their chic's. they think they have it in the bag now. but charges of sexual impropriety have occurred equally if not more so on the democrat side. john con jers, al franken. he's announced his resignation, but he's still there. there are a lot of people wondering when is al franken going to resign? mollie: & franken is the person

who wants roy moore to win even more than roy moore. if he does pull it out, you might see al franken renegotiate his departure from the senate. it's bad from the democrats that their agenda is so unattractive that they can't beat someone accused of all these things moore is accused of. david: charlie can't stop giggling. the tax bill is coming up, if roy moore loses, republicans will have one less republican in the senate. is it possible they can pass this tax bill before the next senator gets inaugurated in alabama? charlie: i think it will be tough. at the end of the day, the reason donald trump came back is exactly what you are talking about. the issues are too important. something that was overlooked in

the presidential election. all the talk about scandals, it ended up being about the issues. in alabama, people don't know who to believe who is telling what and who is doing what. they wind up voting on issues. i don't know that that's such a bad thing. david: we are all sinners. charlie: except for mollie. mollie: character still counts. charlie: it should. david: it's nice to see issues put to the forefront. mollie hemingway, charlie hurt. thank you for coming. please roll the video. we are skiers charting their own path as they glide down snowy mountains in argentina. they land with relative ease. deputy attorney general rod

rosenstein set to testify amid growing questions about conflicts of interest at the justice department. tom fitton taking up the deep state, the doj and more. it's easy to think that all money managers are pretty much the same. but while some push high commission investment products, fisher investments avoids them. some advisers have hidden and layered fees. fisher investments never does. and while some advisers are happy to earn commissions from you whether you do well or not, fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers.

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david: deputy fbi director andrew mccabe failing to appear before the house committee citing a scheduling error. his scheduling proper ledge followed revelations that wife a demoted department of justice official worked for fusion gps. joining me is judicial watch president tom fitton. never has there been more need for an organization like judicial watch. your plate must be jeff flowing.

let's talk first about that scheduling error of mccabe. do you buy that? >> no. the number two official at the fbi doesn't mistakenly screw up his schedule in terms of testifying by congress. it was maneuvering by the fbi which has been resisting congressional oversight on these issues as it relates to bill clinton, the russian dossier. congress and judicial watch on these issues as well. david: i'm wondering if the revelations about mr. ohr's wife and her w for fusion gps had anything to do with it. they may have wanted to pull in their troops and strategize before they went to congress.

>> we just uncovered mccabe's documents with regard to her conflict of interest. she was running for office. mccabe didn't recuse himself until a week before the election. turns out he was using his fbi account to promote his wife's campaign which may be a violation of law. he was up to his neck in conflict of interest. there was an fbi investigation into mcauliffe. you had investigation into hillary clinton and comey thought it was fine. so you had ethical transgretions at the top of the -- transgretions at the top of the fbi. the political opposition research document.

so mccabe is responsible for his personal misconduct. david: bruce ohr was looking at fusion gps while his wife worked for them. he realized he was using politically biased material. and he must have realized much of what fusion was doing was to the benefit of folks in russia. >> the justice department was involved with the feution gps team which is hillary clinton's campaign front. it's interesting. i was thinking about this the other day. was president trump briefed on the dossier, it's origins and currents use. it was using it to target the trump team to spy?

what was president trump briefed about. comey briefed the incoming president trump about the dossier. i guarantee you obama knew about the does are and he wanted to be the subject of an investigation as far as i'm concerned as well. david: how do we get to the bottom of this? >> trump's lawyer called for a special counsel to investigate the special counsel. david: some people suggested the creation of a new department in the justice department that deals specifically with requests of congress. clearly congress wants to investigate this and get to the bottom of it. they are getting obstruction from the justice department. if you create an office within the justice department that works to help congress, might that be an office? >> there already is. the office of legislative

affairs and the inspector general. the leadership has an obligation to make sure this is done. sessions recused himself from the russian issue. mr. rosenstein is the point of contact and he needs to answer for what mueller has been doing with this fbi agent who was removed five months ago. the justice department and the fbi may have mis -- may have mid congress and the american people. everything is falling to mueller. we just found out today, the doj doesn't want to tell anybody what the ethics letter is about. david: polls are close to closing in alabama.

just moments from now. we'll be talking about the dramatic conclusion to a contentious senate race with joe concha and rebecca woodland next. zar: one of our investors was in his late 50s

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david: in our online poll last night we asked you, do you think it's time for congress to end chain migration.

97% of you have said yes. let's talk about alabama. joe, i want to talk about how the media plays into this. last week we had at least three, probably more cnn's fake timeline with the wikipedia. brian ross' big faux pas with the timeline on donald trump. the tweet on the crowd size that was wrong. the public has become so justifiably upset and non-believing of what they see by the media, maybe they will ignore a lot of the noise about roy moore and vote for him despite what the media says. joe: don't forget about the bank records. it will have an impact? i believe it will. while "the washington post" reporting and the vetting of those accusers was very solid.

people question the timing. why did it happen three weeks before an election. some people say there is a rallying cry as a news organization going in, finding these women, having them talk, they are willing to vote against the media's. and maybe that winds up being the rallying cry. david: russia was the obsession it in was clear there was no collusion. there is growing evidence of collusion between russia and fusion gps and the democratic party and the justice department. so how much longer do you think the media can avoid this? we are gefghtd so much evidence now. >> how much longer can we not have a special prosecutor placed there not partisan. let's talk about what is right. let's talk about the unbiased and let's get to the truth,

whatever the truth is. i think that's very important. what's happening is the media is covering certain things. there is going to be a backlash. i would find it unfortunate if the backlash is for roy moore because i believe the washington post story, i do believe those women were accurately depicting what happened to them. maybe they were afraid. maybe they didn't know there was a reason to come forward. the timing is unfortunate. but the backlash can create situations that become difficult for everyone to adjust to. you need people who are unbiased investigating all of these claims. david: there is the focus as we have seen from some of the exit polling showing that people care more about the issue of thans they do about the two men running. they care passionately about certain issues.

the history of abortion is one of them. joe: i thereof numbers more than anything it world as far as make an argument. donald trump won alabama difficult 25 points. and they think of tax reform. and everything else that donald trump wants to do, if doug jones gets in it will be almost impossible for mitch mcconnell. so roy moore may not be a good person, but it's going to be agenda over person in this case so we can make the country better. david: who is going to win tonight? >> it looks like moore will win. david: what do you have think? joe: roy moore. i had the patriots last night. what do i know. david: that's it for us tonight.

thanks for joining us. ed rollins and michael goodwin are among our guests tomorrow. neil cavuto has alabama election coverage next. neil: it will be an historic night. the chance for a democrat to take the seat that has been republican for a century. what's at stake is the republican majority in the senate that may come down