which this president has used to his advantage. charlie, great to see you. i hope the president gives them hell. thanks for being with us. here. lou dobbs is next. lou: good evening, everybody. our top story, president trump shaking up his legal team and seems to be preparing to finally take the fight to robert mueller. the president's former attorney, ty cobb letting the president know he wants to retire and he is retiring. replacing him, longtime washington attorney emmett flood expected to lead the president's attorneys in a far more afrom depressive response to the special counsel. we'll talk about the next phase in the russia witch hunt. chris farrell is with us tonight, fox business legal analyst greg jarrett. and we learned that robert mueller has threatened the

president's attorneys threan's no doubt that mueller is willing to do anything to subvert this president and his white house. threatening the president with a subpoena. seeming to be nothing less than the deep state's deep spear on the assault of the presidency. sean bigly joins us tonight to assess the bi the deep state ess to destroy the presidency. president trump's top economic team in china preparing to negotiate balanced reciprocal trade with the chinese and we'll learn whether president xi is truly ready to open china's economy. we take up the confrontation between the russian establishment and the trump white house. we'll learn whether paul ryan and mitch mcconnell will align with president trump or the koch

brothers, the business round table. ed rollins with us tonight. our t top story, the attorny leading the president's legal team is out, ty cobb retiring. cobb is known for his nonconfrontational approach to the defense of the president. cobb has declared throughout that the white house has been fully cooperative with mueller despite the counsel's outrageous overreach. cobb being replaced by emmett flood, an attorney who represented president clinton during his impeachment proceedings. serve as as george w. bush's lead counsel and special counsel dealing with congressional investigations into the presidency. flood represented vice president dick cheney and clerked for justice antonin calea. trump hired former new york lawyer rudy giuliani taske.

he outlined the conditions and profession spects of me interview with mueller. >> are they objective about the president's interview, meaning do they have an open mind to the fact he may be telling the truth and comey may be lying. if they have an open mind to that, then this is a -- something we would consider. if they don't, then given all of the irregularities in this investigation, we would be foolish to have him int interviewed. lou: giuliani joining sean hannity at 9:00 p.m. eastern tonight. our first guest says the president's legal team has been in need of a shakeup for some sometime and a profound change of both attitude and strategy. joining us now, chris farrell, director of investigations and research for judicial watch. good to have you here. let's start with the subpoena, which i personally find outrageous, because ty cobb throughout has been accused by

many of simply being too passive, too responsive and not protective enough of the president's executive privilege and the jeopardy that he faces in this special counsel. >> there's a very grave challenge here. mueller is doing everything he can in a political quasi legal way to troy trump 2020. they know he's in office now, he has a little over two years left and they'll do everything they can to make sure it's a one-term presidency. that's the objective. and sadly i think that mr. cobb, i don't know him personally, don't claim to have any special inside knowledge, but i have an impression, an informed opinion that essentially cobb was sort of slow motion negotiating an indictment of the president. and i think the president was not well-served. i think the current moves to have a very aggressive posture,

to push back on mr. mueller is the only way to go. because try tooing to play nicea losing hand. lou: this has been a two-years investigation, almost a year with the fbi investigating so so-called collusion. we're coming up on a year. two years without an ie ie 0 if evidence. the reality is this president should not have to deal with a super authority that is a cancer on this constitutional republic. who in the hell says that congress has the power to create something called the special counsel that sub seums the prerogatives and powers and authorities of the presidency and that he has to sit here and just take it. it is a ridiculous. i'm not talking about firing mueller.

i'm not talking about any of that response. i'm saying get into court and challenge the constitutionality of this and do it now and do it every damn day until you find a judge in a court that is responsive to the interest of the nation. >> two things. one, legally everything under the sun has to be challenged. mueller needs to be told figuratively and literally drop dead in court but also in rudy giuliani's own style. but in addition to that, there's got to be a campaign waged where the disparity of treatment with the whole obama, holder, lynch, clinton criminal enterprise that was conducted for eight years, where that is exposed and where the disparity of treatment is shown. that's what's most offensive. the average viewer sitting out there looks at how hillary clinton waltzed away, a litany

of real criminality with zero done, zero. and in this case the president and his associates being gone after, you know, with no proof, zero production -- lou: chris, i think that's a separate track. i really do. the responsibility of the president to clean up the justice department and the fbi is straightforward, it has to be done, needs to be done urgently and thoroughly and highly energetically. but on the other side is protecting this president from this nonsense in which they have a cadre of left-win left-wing as working for comey, extraordinariesly checkered performance. and many of his associates in the special counsel office have been overturned because of their prosecutorial misbehavior and conduct. and i see no reason for the

person people to put up with this. >> no. rosenstein at justice, wiseman on mueller's staff, they're held up as paragons, justice seekers. what a load of garbage. people with dig in the background and look at the misconduct, look at rosenstein in baltimore, the office he ran there. they would be shocked. i don't know how rosenstein is still walking around the justice department. lou: rosenstein saying to the congress of the united states with oversight responsibility over the fbi and the justice department saying he won't be extorted. are you kidding he? who the hell does he think he is? >> it's a cowardly reaction because he knows he's on thin ice. he blusters and appears to be offended. lou: i could care less if this man is offended at any time in any manner.

what i do resent is a congress. after you adevin nunes chairman of the how intelligence committee, it's hard to find anyone leading a committee or in any leadership role who's shown any sense of responsibility for the act acts acts that we're all witnessing now and the forc fors against this president. >> and to put the cherry on top, there's attorney general jeff sessions. what is going on with mr. sessions. i cannot explain it. i do not understand it. lou: in that you're a member of a very large club. chris farrell, as always, great to have you with us. thanks so much. up next, nancy pelosi has given a maz i gift to republicans. she's running for speaker. can you imagine? she says the dems are going to win. whether she speaks truth or

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president trump swear in pompeo, his new secretary of state. ceremony at the state department where he promised employees that he would help the department. pompeo said it this way, get its swagger back. a coalition of seven dates led by texas attorney general ken paxton filing a lawsuit against the trump administration to bring an end to the daca program. the lawsuit says that president obama exceeded his authority with his executive thror authory that created daca. joining me now, a great friend and good merng. good to see you. daca, this lawsuit seems unnecessary. why in the world is there even a discussion. it was an unconstitutional executive order that could be

replaced by the president's executive action. >> there is no legislation that allows these people to be many the count this tri. congress tried to do it. didn't succeed. the dream act got shot down. executive orders can be repealed by the next executive and that's what happened here and should happen. those states have to worry about supplying the resources and what have you. i think they're frustrated like everybody else is. but the supreme court needs to take the lower court cases up her and gehere and getting thisg resolved. lou: let's talk politics of a lawfully elected president under assault by a super authority, that is the special counsel, created by a law passed by congress. >> it's not by a law by congress. it is basically the law that was passed by congress was repealed. the special counsel today is basically an act of the justice department.

the president's executive leader of the party, or this country can say that we're not going to have any more special counsels. this was a situation where justice, the attorney general decided he couldn't handle it and he basically appointed a special counsel. nothing in statute that sets this thing up. lou: that statute does not exist? >> does not. lou: so that is the justice department on its own creating an authority? >> they couldn't handle it themselves because the attorney general wanted to step aside. lou: what do you mean they couldn't handle it themselveses >> the attorney general decided he had to take himself out of the mix. lou: why in the world would president trump not simply say to the justice department, we're done here. >> we're done. he could do that. you know, you've got a good attorney coming on here in greg. but that's my recollection. i've studied this issue. i'm not a lawyer. but there is no congressional statute with the special counsel. they decided they didn't want this thing anymore, they threw

it out. it's all about the justice department. lou: why in the world would the trump attorneys not be attacking this on constitutional grounds, attacking it on every level and ending it as well as at the same time ordering the attorney general, if that's what you can actually call jeff sessions, the person who is taking up residence department at the justice department in name of attorney general, why wouldn't you eliminate these people? >> the president should. and if he wanted to do that there may be a political outcry, but who cares. he has the authority to do this. and the idea that you're prosecuting him for what he's entitled by the constitution to do is equally important. we talked last night why the cia directors and what have you still have secret privileges. lou: security privileges. >> they should not. the president needs to step up to the plate. he's got a lot of his plate and he needs to make his life easier by getting rid of all of this

stuff. lou: obvious overt attempt on the part of the special counsel to subvert the president of the united states. by the way, let me add to that. it is also clear that mitch mcconnell and paul ryan are part of the co conspiracy in the coordinated attack on this president because they say nothing. they stand silent in the face of the constitutional authority that is usurping the powers of the president. >> it is not the constitutional authority. it is the executive branch's authority. they made a decision because the attorney general -- it should have been the attorney general doing this investigation if he felt it was important. he took himself out, turned it other to his deputy who had no power other than being dell delegated. >> lou: are you talking about sessions . >> i'm talking about sessions. there's in way for him to step in and do a good job, so the president needs to change the hierarchy and make his case to

the american public. lou: he's been president for a year and a half and he's achieved more than any other president since fdr in office. he's done unprecedented things in terms of the economy, in terms of simultaneously meeting geopolitical challenges, china, russia. this man is accomplishing more than anyone expected and what is the result. he's been attacked by an establishment that means to destroy him and his presidency. >> and they have ever right to fire the fbi director, had every right to fire anybody in the executive branch of government. he's got big issues ahead of him. he needs to not be living with this distraction. lou: how gutless are mitch mcconnell and paul ryan that they will not stand with this president, and the leadership in both houses. >> remember, congress didn't want this power. they threw the special counsel out.

lou: please, i'm asking a question. >> they're gutless. they're not helping this president at all. lou: that is a shame. >> and they're both going to pay a price. lou: the nation is paying a price right now but they've got to change exp do you thin chang. do you think they will? >> we still need members of congress -- lou: you've got members of congress rolling over for the establishment. they're going to talk tax cuts instead of talking about the trump agenda, talking about the trump markets and economy and his foreign policy that is not, you know str strategic. >> you're talking about things that are going nowhere. all of that junk, we've done it. it won't work. lou: no. i'm talking about the establishment wants to push quote unquote the ryan tax cuts. can you believe that nonsense? >> well, he'll be gone shortly.

lou: ed rollins, great to have you with ution. be sure to vote in the poll tonight. is mueller's subpoena threat proof? they're acting with reckless disregard and disrespect for the president and disrespect for this nation. cast your vote on twitter @loudobbs. follow me on twitter, like me on moib, follow me on insta grabbing. up next, the deep state weaponizing security clearances against the president's white house appointees. the deep state, yes, we take up this act of obstruction against the trump administration. it is profound and wide spread. we continue in one minute. they appear out of nowhere.

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not. his request is unlikely to amount to anything. goodlatte is a lame duck and he has a poor record of actual achievement. joining us tonight, former deputy assistant attorney general tom dupree. great to have you with us. security clearance defense attorney sean bigly. wrote a terrific "wall street journal" op ed about the security clearance process in order to obstruct outright the trump administration. thank you both for being here. plet mlet me start, tom, with, e idea that we have to put up with the special counsel. a president who -- i mean, this has become a super authority that now has more power than the president of the united states, not envisioned by the constitution in any way, shape or form. why the hell should we put up with it? >> this goes back to the fundamental problem with the

special counsel is that the very idea of a special counsel if is you're going to take a prosecutor and put them outside of the chain of command, outside of the bureaucracy. lou: it is outside of government. >> it ears certainly outside the ordinary chain of command. i think it's within the president's power to fire a special counsel, but it's not within the ordinary chain of command in the sense that the attorney general can dismissed a prosecutor like that. you have to go through certain hoops to dismiss a special coin sell. lou: in all respect, i'm talking to two lawyers here tonight, so forgive. me. you're just a lawyer. we're talking about the constitution of the united states. there is nothing in the constitution that envisions putting a super power over the president of the united states or in any way disturbing the balance of power among three coequal branches of government. >> lou, i agree with you that in the special counsel were in fact above the president of the united states -- lou: well he is. >> you have a fundamental

constitutional problem. lou: he has the power to subpoena the president of the united states, has the power to bring charges against the president. are you kidding me? it's a joke. >> i'm not kidding if the president has the removal power and the power to terminate the special counsel, i don't think you can say the special counsel is above the president if the president at the end of the day has the power to remove the special counsel. lou: what should this president do? >> in my view, lou, i think this president needs to do whatever he can to bring this investigation to an end. lou: no, no. wait. come on. i want to turn to you, sean, thanks for being patient with me. the other part, you know, this president is under no obligation, in my opinion, for any for games. the american people's will is being thwarted. the president of the united states is running a super power. he is engaged in foreign policy across the entire globe. he is driving a $20 trillion economy and he's got to put up

with a bunch of left-wing acolytes trailing around bob mueller? >> my point is if the president were to give mueller an hour or two of his time and answer limited question. lou: why should he? >> i don't want to see six months or a year of litigation over a subpoena power. i don't think the president wants that. lou: i don't think the american people want it either. >> absolutely not. lou: , sean let me turn to you on the security piece. is it adam lofn jer? is that the way to say his name? >> correct. lou: how many people are caught in the web of the deep state and the obstructionism throughout, as tom pointed out, the bureaucracy here that has decided that it is going to resist the trump administration? >> absolutely, lou. you put your finger right on it, frankly. i mean, this case, the lovinger

case is symptomatic of a far larger problem and that is the weaponization of security clearances against trump appointees in a bid to keep them out and keep out people who will execute the president's agenda. so what we're see in this case right now is precisely that. and i have to tell you, i mean, had someone come to me a year ago and said this is what we would be dealing with now, i would have thought of it as a conspiracy theory. but what we've seen take place in the last 18 months in the federal bureaucracy has been nothing short of a wholesale repudiation of the election and the entrenched bureaucrats to overturn it. lou: it's stunning. how many come up for security clearances? i think the number was something like 80,000 people in the course of a year. i mean that is immense power and the bureaucracy can simply suspend adam lovinger in this case, he's been suspended,

administrative leave without having any opportunity to defend himself. this is outrageous. it's hard to believe we're talking about the u.s. government here. >> he has been frozen out for a full year now from his responsibilities. and you know, truly, this is, as i said, symptomatic of a much larger problem. if you take a look at even ronny jackson, you have folks on the hill, folks in the bureaucracy who have decided we're going to throw things to the wall, see what sticks. and there's no effort to verify anything prior to levying the charges, there's no effort to engage in what we -- in what the rest of the world would view as fundamental due process. that comes after the allegations have been levied, after somebody's reputation has been destroyed. i'm pleased to announce for the first time tonight on your show that we've been informed as of today that mr. lovinger's case is now being criminally

investigated by the inspector general's office of the defense department with respect to the allegations that he's levied about contracting, corruption, cronyism, all of the things that were taking place that the pentagon leadership didn't want to hear about. that's why his clearance was suspended. lou: and the inspector general standing up, that is welcomed news and we wish you and mr. lovinger and all of the people you are defending and who should stand up against this deep state in the insidious toxic structure that they've created in our federal government. i want to ask you both as we wrap up here, when what is your best judgment, tom, about the solution? because there is something very clear here. our legal system is now corrupt. it's not just simply the leadership of the fbi, the department of justice. we have a corrupt judiciary as well. people don't want to acknowledge

that. but this is without question a country right now that has, i don't know, people talk about two levels of justice. my god it looks to me like far more than that. and it looks to be the capacity to turn aside the will of the people in a legitimate election is risking the entire republic. your thoughts, tom. >> yeah, a few thoughts, lou. the first is i agree 100% that so much of policy is driven by personnel. when you have a new administration come can in and either the opposition party within the senate or people deep with the burr rocky who hold power over the security clearances and the like prevent a new policy from putting his people into the government, that affectinaffects policy. my sense is we've gone down the road, and we saw this during the obama administration, people would criminalize policy differences. that elections have consequences, people vote

certain parties for a reason. and just because someone has a different policy view than you doesn't mean thigh ear a criminal actor. we saw a lot of abuses in the last few years and hopefully we as a county can recognize that just because someone has a different political view, it doesn't mean they violated the law. lou: that's a warm and fuzzy thought. i salute you for it. i think the s.o.b.s need to go to jail because they're working against the interest of this nation, den defying or standardd laws and they are corrupt in every possible way. i'm sorry to offer that as a counter point to that warm moment that you've given us. sean, your thoughts and the solution. >> yeah. you know, i thought everything that tom said was right on the money. i will just add, i would like to see some members of congress stand up and have a spine and do something about this. in this case wib would love to

see a courageous member in the senate put a hold on all dod nominations until the case is resolved. there are tools available to the legislative branch and they're not being effectively exercised. i hear a lot of congressmen complien that their primary frustration is their ability to get anything out of the bureaucracy. there are tools here available and they're not being used. i would really like to see congress step up and start holding hearing. lou: again we're back to congress and them finding a spine and some principle. thank you both for being with us. the president doing battle with the deep state. stay with us. we'll be right back. it took guts to start my business. but as it grew bigger and bigger, it took a whole lot more. that's why i switched to the spark cash card from capital one. with it, i earn unlimited 2% cash back on everything i buy. everything.

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released. let's start, this conversation it is way, way overdue to have. >> right. lou: and this president has been attacked in the media for even contemplating firing robert mueller. >> right. lou: i have never seen anyone in such reckless disregard of the nation's interest, such disrespect for the presidency without in two years finding anything and arrogantly saying we're going to press ahead and a bunch of fools on the left clucking saying we'll impeach the president were he to raise a finger against this unlawful special counsel. this is ignorance. >> you know, robert mueller was appointed illegally, in my judgment. if you look at the law -- lou: in the judgment of so many. >> if you look at the special counsel law it's very restrictive. and rod rosenstein abused that law and misused that law. lou: let's do a test. why is there a special counsel? how did james comey create a

special counsel? >> well, there used to be, by congressional authorization, a statutory law called the independent counsel. everybody hated it so congress let it lapse. so what the department of justice did is create, within the code of federal regulations, new rules for a special counsel. lou: the deep state bible. >> right. now it's co codifieded into administrative law and the president has authority over it so he can get rid of the law, fire mueller and fire rosenstein. lou: let's look at the compounding absurdities, the fact that this is from the ether it is formed from cowardness and refusal to take responsibility. secondly, we're looking at a president who is accused of somehow colluding with the russians because he fired an fbi director. you tell me what damn sense that makes on any level. there is no sense in any of it. >> it doesn't make any sense. lou: isn't there a

responsibility for us to make sense in government? >> well, the president can go to the american people and make his case and say look, they've abused this federal regulation in creating this monster in the special counsel. they've gone way beyond the bounds of decency and it's time we put an end to it. i am ending it. and i will give mueller 30 days to end it or if not i'll fire him. he could do that. there would be tremendous political fallout. lou: you're going to get fallout from the left no matter what. u he has an opportunity to condition the battleground and that is get out there. and those rallies that you just saw in michigan, you know, take that times 20 as we prepares the country for what has to come. i mean, the country is sick of this bull, absolutely sick of it. >> they're absolutely sick of it. look, if the president is in fact served with a subpoena to

appear in front of a grand jury, he can file in federal court a motion to quash and say you have no authority to do this. now i will say that bill clinton tried to challenge an independent jury subpoena under the independent counsel and it didn't work for him. he ended up testifying for four hours in front of a grand jury. lou: let's cut through. >> so appear in front of the grand jury and as to many -- lou: what? without being charged with a crime? >> as to many of the questions invoke executive privilege. as to the others with, take the fifth. this ends the whole thing. lou: it may end it but it doesn't change it. and the fact is you've got to reach into that department of justice, reach into that fbi and you have got to purge those corrupt fools from the leadership of those agencies. >> i agree with you 100%. lou: you've got to change the mind-set of a chicken -- a cowardly congress.

>> and that is the authority f the president. he can exercise it if he wants to and simultaneously make the case in front of the american public that these people deserve to be fired. lou: this is the time. it is -- he is risking his presidency and the fact is there are so many complicit, silent people within the republican party. mitch mcconnell and paul ryan should have the guts to stand side by side with this president. they do not. the aba should be embarrassed that the legal profession is behaving as it is. because this is a corrupt and i mean to the bone corrupt judicial system and legal system that we are watching work. >> oh, it absolutely is. this is the unfettered power of rogue agencies that are now the so-called deep state. lou: yeah. and with that, greg, as always, good to see you. >> thank you, sir.

lou: be sure to vote in the poll. the question is subpoena threat clear proof, clearly out of control, acting for disregard for this president and the nation. cast your vote on twitter @loudobbs. up next, red storm rising, the pentagon cracking down on chinese technology. they're concerned that they're making it too easy for the chinese to spy on us on our military bases. i wonder who is responsible for that. that's right. our military leaders. more on that next. gas, bloating, constipation, and diarrhea can start in the colon, and may be signs of an imbalance of good bacteria. only phillips' colon health has this unique combination of probiotics. it helps replenish good bacteria. get four-in-one symptom defense.

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commissaries and shops on u.s. military bases to some selling cell phones made by chinese technology giants wallway and zte. those devices pose security riskers because china can order the companies to hack into the devices and spy on military personnel. straightforwardly, the military is responsible for those phones on bases and should never have allowed them there on wall street today, stock closed lower following the fed's decision to keep interest rates unchange. the dow sold off 174 points, s&p

down 19, volume on the big board picking up to 4 billion shares, home loan applications dropped 2% and the mortgage rates hit the highest level in four years. espn last a half million subscribers in the month of april. the sports met work has hemorrhaged 14 million subscribers since its peek in 2011. a reminder listen to my reports three times a day coast to coast on the salem radio network. and we want to thank all of your loyal viewers, lou dobbs tonight we want to share with you has reached a major milestone. wefee been the number one show on business television for the past two years and it is all because of you and we thank you profoundly. thanks so much. the president's legal team taking on the mueller perjury trap. we talk about the new strategy

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lou: the quote of the evening is for the president's legal team who must take the fight to mueller and his politicized special counsel operation. know your enemy and know yourself and you can fight 100 battles without disaster. joining us, charlie hurt.

throughout this broadcast we have been examining one issue. why are we putting up with a rogue operation that has imposed itself over our constitutional republic and reduced the presidency to effectively reacting to its dictates and its schedule rather than giving this president the freedom and power to lead the nation? >> because sadly there is an entire party, an entire half of the political world here in washington who hate donald trump so much more than they like america. let alone move america. they will do anything to destroy this president, his presidency, including whatever it takes to hurt america itself. and it is -- these people are even sort of legitimate voice in

politics in america today is a disgrace. lou: i'm not going to ask if you are talking about the party schumer and pelosi or mcconnell and ryan. it could be either. mcconnell and ryan have stood silent while this president is under savage attack, 360 degrees, 24/7 the year and a half he has been in washington, d.c. it's outrageous. charlie: it is incredible. as much as a lot of the establishment republicans in washington get the vapors over donald trump, his outsider way of viewing things and viewing problems. lou: you mean like fixing the problems. but there is something

especially pe perdicious with which the democrats are watching this unfold it's a 7-headed dragon open operating on its own. legally i think the president should sack the whole thing. fire anybody between him and the stupid political investigation which we know is a witch hunt. i do get the argument that politically that could be disastrous. lou: it may be politically. but if anything is going to change, it has to be changed. this president understands that better than anyone. we cannot tolerate this level of toxicity in our government. charlie: when i see what's being

done under the trump administration in the epa, all across the government where things like real things are being in a real red tape is being ripped out and real regulations are disappear. i i want to see this guy win another term. i want him to continue a to be a success. i guess my argument is if that means they will play within the lines, as corrupt as those lines are over on this one thing to win politically so i he can go for another six years to continue doing what he's doing, something that was unimaginable to us under the obama administration, then i'm willing to give breathing room for that. lou: there is asphyxiation. there is no breathing room. the government is being strangled. we have the deep state running the justice department, the fbi, the defense department. you name it. and we have to have a change

here. this man is here to disrupt. that's who he is, that's what he has done. and his record of accomplishment is so profound. he's not an unknown quantity. people understand we have a national leader who is already the story. charlie: so much of it seems ignorant of how things work around here. lou: i don't think i understood you. charlie: people think it ignorance of how things work around here is a liability. it's not. look at it with fresh eyes and coming up with solutions to fix things actually works. lou: the expression i think would be the fact they lack, well, any kind of knowledge of what the deep state does. it's really a superior advantage. and certainly a virtuous reward

which this president has used to his advantage. charlie, great to see you. i hope the president gives them hell. thanks for being with us. former fbi director james kallstrom among our guests. good night. kennedy: this is a fox news alert and potentially major development in the nuclear standoff with north korea. according to london's financial times news tape three u.s. prisoners held by the north korean regime are on the verge of release. according to the report the three prisoners are in a hotel in pyongyang after years of hard labor and one of north korea's brute pal prison camps. the state department has not yet confirmed the claim but say they are doing everything they can to get them out. this comes just a few weeks before the president is he