congressman keith rufus is our defendant tomorrow night. now here is lou. >> good evening, i am greggory - gregg jarrett in for lou dobbs, a great day for president trump and people, and a bad day for deep state and cabal, president is not a target in michael cohen investigation, that investigation is focused on cohen. also tonight, the department of justice inspector general said that fired fbi deputy director and clinton crony, andrew mccabe should be criminally prosecuted.

doj ig issued a criminal referral to u.s. attorney office in dc arguing that mccabe should be charged for lying 4 times to his superiors and investigators. and a victory for americans right to know, department of justice officials tell fox news, they anticipate later today they will provide congressional committees with access to james comey's memos. it had been requested last week but rod rosenstein was stonewalling those requests until now. we'll have a full report in moments. our guests two republicans who sent a criminal referral to doj targeting mccabe, comey, lynch, clinton, that is congressman paul gosar and congresswoman claudia tenney. also, chris fairly of judicial -- farrell of judicial watch. and best political analyst in the country ed rollins.

we begin with our top story, progress in efforts to drain the swamp, doj inspector general recommended criminal charges again mccabe. catherine herridge with the report. reporter: a source close to matter confirms that justice department's internal watch dog, horowitz made a criminal referring to to u.s. attorney in washington d.c., horowitz and his team concluding former fbi director mccabe lied 4 times, three times under oath about the fbi investigation about clinton foundation. two weeks before the presidential election mirroring language in federal statute. covers lying to federal invest investigators, said in may 2017 he did not know who authorized

who disclosed to "wall street journal" it was not due to lack of memory, in our view it was didn't knowingly. and book tour former fbi director james comey said he had no knowledge of the referral. >> given that the ig's respect reflect. i could well be a witness. reporter: criminal referrals are usually secret. today justice department declined to comment, but mccabe a lawyer said that the standards are low for this type of referral. u.s. earn attorney office will conclude it should decline to prosecute. >> two congressional sources tell fox news, 7 comey memos could be delivered to capitol hill by the justice department as soon as tonight, after fox news confirmed that republican chairman threatened to issue a subpoena after justice department missed the deadline.

>> catherine thank you. >> president trump reacting to the comey news tweeting -- james comey just threw andrew mccabe under the bus, inspector general report on mccabe is a disaster for both of them. getting a little -- lot, of there own medicine. our first guest one of 11 members of congress who sign a letter to attorney general jeff sessions urging him to large criminal investigations into james comey, hillary clinton, lisa page. and other members of obama administration, we're joined by a arizona representative paul gosar. before we get to your criminal referral letter, your reaction to news that mccabe is increasingly likely to face criminal charges not once but four times for lying.

if it happens, that way, would to be good for the rule of law? >> absolutely, we have seen, is that everything in deep state and in department of justice involved in this got a pass, the rest of us and people like general flynn were held to a different standard. this good that rats are paying a consequence. >> about 10 days ago we got word that president trump had been told in mueller investigation he is not a target. now word today in cohen investigation, president is not a target there either. does it increasing let's look to you, as though there is no evidence of collusion. and collusions not a crime. and that there is probably no obstruction in exercising your constitutional authority to fire somebody. >> i agree with you, i'm not an attorney, but this has been a

fishing expedition from day one. i would like to see it go forward, the real collusion was with hillary clinton and the democratic side. that needs to be exposed. this is part of reason we had letter go forward to start process are making people answer for the crimes they have committed. >> was this, do you think, an illicit scheme to clear hillary clinton for purely political reasons and then targets president trump for crimes that are not crimes? >> absolutely, you look back the uranium one and how that took part. going into libya in regards to atrocity, which she oversaw with benghazi. this is what was happening. they were trying to cover-up, they always thought she was going to be the next president. then all of a sudden, something changed, the rats started scrambling covering their

tracks, they thought they had the process down. but that process, and unraveling it that will do them each and every one of them in. >> think about what appears to have happened here, high officials and fbi, and to some extent department of justice were trying to influence a presidential election in the process undermining the very principle of democracy. >> absolutely. gregg. you know american people they are not dow dumb they have caugt on. we need to air this out the in front of them. if one party can to it to another, do we really have a representative republic, to we really listen to the people who are the try form of the government? it is not. we saw and are witnessing

unraveling of weaponization of federal government and its agency in this case, doj and fbi against american people, utilizing fisa court system, to get to problem personalities we should never have before. >> what is insidious about this, is that the mainstream media was complicit in this conspiracy to go after president trump and declare hillary clinton. here you are a member of congress with other members, you send a very details criminal referral identifying various criminal statutes that appear to have been violated by all these people in obama administration, including comb comey and clinto. and when i open on-line version of new york times this morning there was no mention of it. doesn't that speak volumes about

the need media. >> they are not the media, they are a propaganda machine for the other side. only way you can get that listen to fox you hear the facts, when i go in my district, talk about that openly, first thing out of my constituent's mouth is how do we get these facts, we don't know who to trust. the media who was supposed to be unbiased to present the facts, would they have done this during watergate? it is horrendous, you see how general flynn was just torn apart, having to sell his house. and look at morning raids we saw this justice department overreach. when you use fisa warrant for

the unmasks process, and see the relationship between peter strzok and former fisa court judge recusing himself after the point of ruling. this this is unbelievable. you -- this is th the banana hep republic 5 type stuff. >> they could destroy your life if they want, congressman paul gosar thank you so much, i compliment you on sending that referral. >> thank you. >> up next, president trump vindicated, president not a target of cohen raid or the mueller investigation. >> this is a hoax, no body has been more transparent than i have u instructed our lawyers. >> the great ed rollins is next,

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gregg: judiciary chairman chuck grassley forging ahead with a keep state exercising futility, his committee will vote next

week on a bill to protect special counsel mueller, joining me to talk about it, former reagan political director. fox business political analyst. ed rollin. >> grassley is a strong chairman, i am sure he will get it to his committee, and mitch h mcconnell will not give it a vote on the floor. gregg: there have been hundreds of media reports that president will fire mueller, he probably thought about it, i wouldn't blame him, he has two glaring disqualifies conflicts of interest. but media is now the thought police. >> the president talking about firing made him more on straight and narrow, you get in special counsels you need guidelines and barriers. and i think that to the best of my knowledge, and what we have

read, that you know he was doing a pretty good job of keeping it on straight and narrow, he just needs to get it shut down. gregg: i wonder if he has been influenced by the president's comments and tweets. and all a hoax, a witch-hunt, i first colluded. when president says that often enough, i think it probably puts pressure on mueller to go straight. >> equally, as importantly has had a languag a long period of y have a lot of witnesses, and information, he has not come anything. you would have had something people. i think that probe needs to be shut quickly, they got manafort for things he should not have been years ago, and a few others, but president did not collude with russians away back

now, i think that outrageous, president we knew who we voted for. the country made the decision on donald trump. gregg: it was conjured by james comey, he opened an investigation in summer 2016 on president trump without a scintilla of evidence, an investigation in search of a crime, guliani has now stepped in as president trump's latest lawyer. >> that is say great move, i am a old friend of rudy's, we was number 3 guy in justice during reagan, he could have been attorney general if he said in the administration. he knows the players, he knows inside, he is tough, he will sit across from mueller or whatever and say let's get it done. show me what you have or don't have, i am sure council he will give president is counsel he will give president is don't go before mueller.

gregg: it would be a perjury trap. >> that is what they want. gregg: you could say my client does not need to answer questions about a noncrime, collusion. >> guliani knows the players, he knows the inside of the justice department, he knows what needs to be done. gregg: you have been reading comey's book. do you keep a waste basket next to you in case? >> i get nauseous by watching it on tv. this is demeaning to a man like him, i had a lot of respect for up to two years ago to go on show like the view, he is a serious guy this say serious book. he has already sold it. he got $2 million in advance, he doesn't need to do these idiotic shows, every time he does he diminishes himself.

gregg: great damage to reputation of fbi as well. >> a shame. ed rollins always great talking to you. >> thank you. gregg: vote in tonight's poll, is it time for prosecutors in charge for failed witch-hunt to admit they found absolutely no wrong doing from the president. stop wasting the american people's time and money. >> is it time for prosecutors in charged of failed witch00 to -- hunt -- we did that part. thank you very much. >> follow lou on twitter. at lou dobbs, and follow him on facebook and instagram. coming up next, andrew mccabe may face criminal charges for lying 4 times to investigators, we'll take up the corruption of the highest level. with chris farrell from judicial watch, stick around.

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gregg: joining me now to talk about latest news involving andrew mccabe and president trump, chris farrell, director of investigations and research for judicial watch. it looks like the wheels of justice caught up with mccabe. his defense will likely be what he put in his op-ed of washington post after he was fired, gee, i was busy and confused, i might have made a mistake, and tried to correct it that is not going to flying is it? ig said his lies are quote knowingly and intentionally made. >> this is a very experienced

agent of 20-something odd years. and you know dog ate my homework is not going to fly. this is the same fbi that goes after suspects with respect to someone like general flynn, even in minnesota, i believe a few days ago they went after one of their own agents for leaking to the press. what is good for the goose is good for gander, mccabe will be held to a higher standard with his lofty position, he knowingly and willingly did stuff, he knew when he hedged and leaked. so no one did is buying it. gregg: would comey be in cross hairs of wheels of justice, i counted 6 different criminal statutes he appears to me to have violated.

>> absolutely, he would be called as a witness, prosecution of mccabe that is rich. and every day that comey goes out and goes on a talk show or one of these cream puff question you know softball operations, great. keep talking about mr. comey. he is making it worse and worse every day, that goes by, the indictment writes itself. >> it should, one thing that comey did, that appears to have clearly violated law, he stole government documents. >> he did. gregg: some might have contained classified information which he gave to an unauthorized person. now it look like rod rosenstein has final we his back against will wall, decided to give those documents to congress. >> yeah, i hope they are made public as fast as humanly possible, particularly comey is out there hawking a book. the foundation of the book, are

the essence of the memos of the documents themselves, if comey can make a few bucks off it, then why can't the american public see what is going on. and. documents themselves, memos belong to the american public, they are created by u.s. government employee, and u.s. government machine. on government time. that is what comey b absconded with. gregg: you could call it deep state or corrupt top officials of fbi and department of justice. but comey was asked about it today. the question or the term deep state, here is the answer, there is a deep state in this sense, there is a collect of people, cia, and nsa and fbi and u.s. military service, who care passionately about getting it right, about the values we try to talk about. there is not a deep state

conspiring against the elected leadership of off government. is he iny it nil in denial or l? >> his definition is antithesis of the real problem. and this is more self-serving. you know only he really knows best. it is nauseating. this is tough stuff to choke down and listen to. you know he does all this sort of virtue posturing. holier than thou and irony is all stuff he has done is opposite of what he pro tends to be advocating for. gregg: you know he has a savior complex. he was going to save the nation from evil and in his mind the evil was donald trump.

and he knew better than everyone. he would bridg bring an end to . >> third day after he passes away, he is in for a rude surprise. gregg: chris farrell thank you about thank you. gregg: coming up next, president trump sides with the people of california, their fight against their left wing pro-open border government. we have the latest on the golden state revolt when we come back.

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gregg: president trump is leading a growing revolt against california's dangerous sanctuary policies. the president tweeting governor jerry brown announced he'll deploy up to 400 national guard

others. sanctuary cities released 142 gang members despite deportation orders from i.c.e. 2/3 of them including ms-13 were released in california. counties are fighting back, against a statute that prohibits them from communicating with i.c.e. >> the constitution of the united states and the state constitution. reporter: one city los alamitos exempted itself from the statute. aclu filed suit. >> the city's actions are clearly unlawful. the values act is an important state law that upholds the great

california values of diversity and inclusion. >> they have families, it's important they be integrated in a humane and intelligent way. reporter: but they make a distinction between criminal aliens. >> between one in three inmates walk away freely each and every day in san diego. reporter: san diego county voted to join the fight. a federal appeals court upheld a nationwide injunction against the federal government from withholding fund from sanctuary cities. gregg: ms-13 a big threat on the east coast as well. ms-13 has directed its members to quote take out a cop in new

york. unbelievable. joining us now, niger in nerks s. and tammy bruce. niger, let me start with you. the president said i'm not going to pay for the national guard troops. >> what jerry brown and his fastr far left wing legislature is doing, california is a gateway to ms-13 spreading all over the country, as far east as new york in my home state of nevada, arizona. these guys use california as a bridge to get to the united states and commit their horrific

acts of terror against the american people. and jerry brown is a full conspirator and partner in that. gregg: i group l.a., you grew up in l.a. you are there right now. these are all the areas of southern california saying enough is enough. we have had enough of this sanctuary policy. we are going to join the lawsuit. is there an increasing movement against brown. tammy: i think there is. this is not acceptable, this is not normal. it's true leadership the president has offered. there is the federal lawsuit that they have been able to join. so they are not alone in this. but what involvians are finding

is there is a problem with unmitigated unresponded to liberalism. these are policies that naturally go with this framework. i think there is finally an understanding that when you have one party rule this is the break down that happens. this is the big liar particular hated by people like jerry brown. we need a more humane policy to help people. when you are releasing criminal illegal aliens go back toib the immigrant community following the law and playing by the rules, they are the ones harmed first. girls are kidnapped to move into the ms-13 sex trafficking network. if we are going to be caring about the immigrant community, we have to cooperate. >> family is absolutely right.

ms-13 preys on the lowest hanging fruit. the lowest hanging fruit are blacks and browns and poor whites in these communities trapped by ms-13. tammy: the families of the inner cities. they are condemning these individuals. the left says they are there to protect. the women and children of those communities that are preyed upon by all kind of illegal alien gangs. not just ms-13 gangs and the drugs are being moved into those communities. >> close to 60% of left-wing californians are in favor of trump's policy of deportation in california. that's a very, very high percentage. i think a revolution is taking place in tammy's california, and

i pray it continues. gregg: my california too. still my home state. i love it. but i hate to see what jerry brown and others have done to it. be sure to vote in tonight's poll. is it time for prosecutors in the failed witch hunt to admit they found to edof wrongdoing on the part of president trump and stop wasting the people's time and money. coming up next. a group of house conservatives taking direct aim at clinton corruption. congresswoman claudia tenney joins us next. each year sarah climbs 58,007 steps. that's the height of mount everest. because each day she chooses to take the stairs. at work, at home... even on the escalator. that can be hard on her lower body, so now she does it with dr. scholl's orthotics.

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gregg: stunned silence from former fbi director james comey as he finally faces tough questions during this book tour. >> 11 lawmakers filed a criminal referral against you. you are going to get prosecuted. you are going to get locked up. gregg: that was a conservative activist i understand was removed from the room.

comey didn't respond because it turns out he's only answering free screened questions. which shows he's lacking courage. joining us is one of the 11 lawmakers who made that referral to the department of justice. republican congresswoman, claudia tenney. thanks for being with us. on the matter of comey, you identified a myriad of crimes you suspect he may have committed which include theft of government documents, mishandling classified information, abuse of power, obstruction of justice and perjury. have you heard anything back from doj and, you know, are you optimistic? >> we haven't heard anything directly but we do have good news. one of the top news stories is the inspector general referred

an drew maccabe for investigation of potential charges which is a good sign. i cannot believe james comey. he's every psychologist and psychiatrist across the country must be saying what's going on, this guy is unraveling in front of our eyes. it looks like a therapy tour. a lot of pressure has to be put on these people. i would like to see some transparency and accountability. let'let's restore faith in the . we have people running amok. gregg: he was trying to profit from his own wrongdoing. this was an adoration tour. >> conflicting statements even

in his tour. gregg: he conceded that politics and polling played a role in the hillary clinton case at one stage. if you allow -- if you clear somebody for a political reason, doesn't that strike you as obstruction of justice? >> absolutely. that's why we put the letter together. we list what we think are potential violations of federal law. not only that, we put a diagram right in there. we put the statute in there that we think has been violated for them to pursue. we think some of these things should be looked at, all of them should be looked at, and they are potentially violations. they should be prosecuted, they should face a jury of their peers.

it's unequal justice. this should not be something that people should fear. this happens on all levels, but what's worse is it's happening on the national level. as a lawyer, someone who had to deal with law enforcement as an attorney to represent my clients. what's worse than having to know we can't get anywhere because we have a guy who is politically motivated in an important position elected or not. this is a point where you have to cross over the line and stand for your job and take your job seriously. comey is proving he doesn't have any regard for that. >> you take a criminal referral tore hoik for secretly funding and not accounting for the doesier against president trump. but you don't bring up the

espionage act, mishandling classified documents. potential pay-to-play in uranium one. why is that? >> those all could be brought up later on. we were trying to find a place at least one area we thought was for certain. it shows there is a lack of fairness in who is prosecuting. we call it an uneven zealousness in going after one side other other. we have the president's attorney michael cohen raided while hillary clinton gets off scot-free when we see this law firm should have been listed on her federal elections report. it wasn't done. that's a play and the violation. these are simple things. our letter is by no means comprehensive. there is a lot to uncover. gregg: for a long time she refused to hand over her server.

and they didn't raid her house. and by the time they got it it was wiped clean. >> have a cloth. gregg: and over 30,000 documents wore destroyed. >> think about the arrogance of that. she said wipe it with a cloth? that's disdain for the law. i'm not accountable anymore. that's the false argument that's being made, she didn't win. and it has nothing to do with it. coming up, on wall street stocks fell today. the dow is down 84 points. volume on the big board 3.3 billion shares. philip morris suffered a drop

due to the decreases sales of its products. we'll take up the failure of the russia witch hunt with former deputy attorney general tom dew this is a jungle gym... and a baseball diamond... ...a mythical castle... and a grand banquet hall.

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should embrace these words of wisdom from winston churchill. many of the great things are simple and many can be expressed in a single word, freedom. justice, honor, duty, mercy, hope. tom, if after a year in the mueller probe the president is still not a target, that pretty much gives you an indication there is no there there. >> it is a strong indication that mueller has been at this for some time and hasn't reached a point where he is prepared to say the president is a target it's good news for the president, welcome news for the president. the thing about not going a target is it can change in a latter beat. a prosecutor finds some documents. and you become a target. but your point is well taken. this investigation has been

going on for a while. and it doesn't appear mueller has enough at this point to put himself in the controls hairs. >> here we are late april 2018. mueller has been at it for at least a year. would you say, were you representing trump, that mr. mueller, you can't question the president about a non-crime called collusion. more over, i'm not going too allow you -- i'm not going to allow you to question his authority to fire somebody. >> i would say it makes sense to talk to mueller provided you set sharp define limits on what can be discussed. if trump were to talk with mueller in a limited capacity. it would send a message, this is not a president who is afraid

and has something to hide. gregg: but you are assuming other person is honorable and trustworthy and follows the rule of law. we saw in michael flynn case. they walk out of there and tell comey and gates he told the truth. but mueller knows better and charged him with making a false and misleading statement. wouldn't this be a similar perjury trap for the president? >> any time you are testifying under oath there is always the risk of perjury. in this case since it would be recorded or there would and record what is being said, if the president tells the story as he understands it and is correct there is no collusion, it seems that would be hard for mule tore build a case to the contrary. you have to define the context this conversation occurs and

police and guard those limits. that's the key. gregg: i searched the criminal codes for a year. none of the other or larry crimes tangential crimes related to a political campaign apply to the facts in this case. would you agree? >> i agree the idea of collusion is amorphous. if mueller were to find some sort of criminal provision to charged, i suspect sit would have to be something along the lines of conspiracy to violate election laws or a violation of financial reporting requirements. but the danger with these independent counsel investigation is they are so wide ranging and so vague, people lose sight of the fact if

they can never identify something, it's not a ticket to do a free-ranging investigation. gregg: hasn't this always been an investigation in search of a crime that is against department justice violations? i read the dialogue, i'm sure you have read it before. that's backwards. >> i agree you begin with some specific provision of the criminal code that was violated then you try to gather evidence in support of that charge. you are right if you flip that around and say let's cast a big broad fishing net and see what we reel in and see if we have a violation. that's not a fair way to go about it, that's not the american way. thanks for being with us. that's it for us tonight.

congressman keith rufus is our defendant tomorrow night. have a good night, everyone. kennedy: we have breaking news tonight and several major bombshells in the investigation. according to multiple reports president trump officially not a target in the robert mueller probe or the investigation of his personal attorney michael cohen. deputy to be general rod rosenstein told the president, the reason he said he did not have any plans to fire mueller or rosenstein. and it was probably the reason the president was so forceful in de