here. thank you for having us in your homes and thank you for watching. lou dobbs is next right here on the fox business network. have a good evening. ♪ ♪ lou: good evening, everybody. our top stories with, this has been a week of winning for president trump already. and in the weeks remaining days, it looks as though all he's be doing is running up the score. >> for years and years you watched as your leaders apologized for america. now you have a president who is standing up for america. i'm praw proud of america. lou: and senator cindy hyde-smith is proud to have the president's support. she's celebrating her reelection in mississippi today thanks in

large measure to the boost she received from two election eve rallies led by none other than the president of the united states. the latest opinion polls showing americans embracing president trump's border wall and america first immigration policies as they watch is increasingly desperate and violent tactics of the migrant caravan that's quickly worn out its welcome in the mexican city of te tijuana, just south of the california border. and you won't hear the left wing national media do what i'm about to do, and that is acknowledge that president trump was absolutely correct when he admonished the federal reserve for raising interest rates. and the stock market today soared. the dow up more than 600 points. that after investors at midday heard the federal reserve chairman's newfound constraint on the subject of interest rate hikes. call it the trump vindication valley. there was even a dash of

humility evident in jerome powell's rhetoric today. tutors on monitor policy from the president. and a tu turbulent market right after powell gave a speech that higher rates were in the offing. a lot of news, as you can tell, to cover tonight. with their perspective on it all, all-star lineup including matt gates, congressman andy biggs, republican strategist ed rollins. and after a stern warning by the chinese that the president's trade policies could lead to a depression or even a war, we have china expert michael pillsbury with us. and to talk about why the chinese are resorting to hyperbolic squealing because they don't want to give up their threat of hundreds of billions of dollars of american intellectual property each eafer

every year. president trump accusing the mueller witch hunt of issuing in a new era of mccarthyism. president trump said he's not ruling out a pardon for former campaign manager paul manafort. the president said mueller's team is trying to coerce mon father to lie to incriminate the president and members of his campaign. catherine herridge with the story from washington. >> during an oval office interview president trump told the new york post that he's no not ruled out a pardon for former campaign chairman manafort. quote, it was never discussed but i wouldn't take it off of the table. why would i take it off of the table, the president said. he acknowledged that manafort, rogerstonroger stone and his ase were pressured to lie. you flip and you lie and you gel you 99 pshes of the tim 99% of t people to flip.

it's rare that they can't. on the senate floor, a bill to protect robert mueller's investigation was blocked after democrats and one republican made their case. >> we've seen the forced resignation of the attorney general a day after the election. it's clear, therefore, that has has to be done to protect mr. mueller's investigation. >> this is about the legislative branch asserting a common sense check and balance on presidential overreach. >> the floor action seemed symbolic after the majority leader made his objections known on tuesday. >> this is a solution in search of a problem. the property is not going to fire robert mueller. >> new records obtained by fox news show mueller's investigation focused on the clinton campaign e-mails released in 2016 by wikileaks. its founder julian assange and any connection to the trump campaign. the draft of the agreement offered to corecy earlier this

month accusing him of lying to federal investigators. e a charge he denied to fox. >> i've never met jewel yab juln assange, never spoke with him. >> they cite a 2016 e-mail and redistricting a timetable for the release of e-mail, quote, word is the 'e embassy plans two more dumps, one shortly after i'm back, second in november. impact plantar damaging. the e-mail that accurately predicted that wikileaks would publish e-mails in october of 2016 was based on analysis, not insider information. >> i told roger stone and many people in august and it just happened they was right. >> a source with direct knowledge of the investigation tells fox news the president's written answers to mueller are consistent with his public statements on the 2016 trump tower meeting, the president tweeted last summer he had no advance knowledge.

a status hearing for the manafort case is scheduled for friday in washington, lou. lou: katherine herridge reporting. president trump continue to push a lame duck congress to come up with the money he wants to build a wall along the southern u.s. border with mexico. plump said today he would be, quote, totally be willing to shut part of the government down if hi demands aren't met by next week. chief congressional correspondent mike emanuel is on capitol hill tonight with more. >> as the human drama plays out on the southern border, president trump signaled he's willing to shut down some of the government by friday. retiring speaker ryan says the house has delivered $5 billion. >> ultimately the president open the senate democrats are going to have to come to agreement as well. >> senate democrats like connecticut richard blumenthal are pushing back.

>> the demand for 5 billion is based on delusion, not reality. >> president trump told politico late yesterday he doesn't do anything just for political gain. still this is a winner for him. quote, people look at the border. they look at the rush to the police. they look at the rock throwers and really hurting three people, three very brave border patrol folks. i think it's a tremendous issue and much more importantly needed. we have to have border security. plus the president is well aware he's about to be dealing with a democrat-led house in the new year. senate democratic leader chuck schumer is trying to hold his ground. >> the $1.6 billion for border security negotiated by democrats and republicans is our position. we believe that is the right way to go. if there's any shutdown, it's on president trump's back. >> with time winding down, the majority leader is trying to deliver. >> we're trying to get the president the money he would like for the wall. that's part of the year-end

funding discussion, which is ongoing. >> at this point all of the sources i've spoke within are not pushing the panic button. their feeling is there's still time to cut a deal but it's not entirely clear what it might be. lou? lou: mike, thank you very much. mike emanuel reporting. and it is curious that this is about 5 billion, not 25 billion, which is what is needed to construct that wall across is southern border. perhaps the number will be adjustedadjusted appropriately d accordingly. it seems certain that a party that controls three branches of government should be able to, at the very least, get that done a new study suggests that the number of illegal immigrants in the united states is at its lowest level anyones r since 200437 but as national correspondent william la lajeune reports, those numbers are wildsly different from more

comprehensive and credible studies. >> we're not letting people into our country unless has they come in legally. >> unrealistic but not unworthy of pursuit. according to a new study, the number of illegal immigrants living in the u.s. fell to its lowest level in a decade. >> we have, for the first time, a majority of those coming to the u.s.-mexico border are not mexicans, they're not singling e men. they're nut just looking for work. >> the study found that mexicans make up about half of the illegal population, down considerably. two-thirds of migrants in the u.s. have been here ten years or more and 43% have u.s. born children. have crossed the border illegally, the rest overstayed their visa. this differs from a recent yale study that suggests that 22 million illegal immigrants live in the wus, not 11. the pugh study is based on two-year-old data.

>> what started as a drip has become a large group. >> deterring them will require mexico's help. >> mexico will continue to play an important role in stemming sg the flow but they're not able to stop it. >> that flow from latin america is driving legal immigration. for the first time in a decade hispanics outnumber asians arriving to the u.s. the u.s. immigrant population, legal and illegal, numbers more than 44 million, or roughly 14% of the nation. >> well, lou, the president hopes to reshape immigration policy by replacing family unification with the merit study. as the exodus from central america illustrates, immigration is fluid. lou: especially illegal immigration. william, thank you very much. william lajeunesse reporting. and the head line of the pugh research center study labeled illegal immigrants that they were addressing as, quote one

unauthorized immigrants. it's amazing how liberal organizations and individuals, how far they'll go to avoid the word illegal. they're illegal. they're illegal immigrants. simple, isn't it? all you have to do is address that reality. still ahead, the left wing national media choose to wildly speculate about the mueller special counsel, or more appropriately witch hunt, and what new developments with paul manafort could actually mean. >> i think when what it's also suggesting is that manafort may have even committed treason when all is said and done. >> do you believe a pardon of manafort by the president would be an admission o of guilt by te president. >> yes, i would. >> why does that person lie? >> because they are rks a, stupid, b, arrogant, c, shopping

for a pardon so they don't have to worry about what the judge is going to say. >> it's either an extraordinary extraordinary coin coincidence r it's what collusion looks like. and this may be why the president so adamantly denies collusion because the facts are pretty damning. lou: how about one of those facts, just one fact. that's all we need here. maybe adam schiff should talk with the special counsel to get that one fact because she's ignored the tbact the facts thao collusion for the better part of two years. congressman matt gates joins me later tonight. up next, violent gang members in the caravan are now moving along our southern border. why are they doing that? we take that up and more. congressman andy biggs joins us when we come right back. stay with us. a september to remember,

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click or visit a retail store today. lou: border patrol agents have arrested an ms13 gang member. he illegally crossed the border in california. the honduran gang member claims to have traveled through mexico with the migrant caravan. meameanwhile in tijuana, the mar says he has only enough resource

to assist the thousands of migrants from central america camped in and near his city for just a few more days before the city's treasure goes broke. the city treasurer claiming they've been spending 30,000 dollars a day because of the caravan arrivals. they're looking to the government of mexico for help. joining me now to take up the caravan crisis at the border, the president's threats to shut down the government if congress fails to pay for his border wall, congressman andy biggs of arizona, member of the house judiciary committee, house freedom caucus. always great to talk with you. let's start with this mess on the border. do you think the president is successfully illustrated to the mexican government and incoming president manuel that this is mexico's problem before it's ours? >> i think he's done a great job

trying to communicate that. talking about shutting down the border is important. i think this pulley pulpi bullys setting the tone. we thought there was a deal last week that mexico was going to keep the folks. but they're not closing down the southern border yet and they need to do that. lou: they need to do that. they need also to secure their northern border. you know, i was one of those people who was hopeful that lopez oner door would be a partner for the president and act like a mature -- like mexico deserved, a mature and responsible leader, not another leftist corrupt politician. it looks like he's chosen the latter course. and that's a shame. >> well, i am hopeful that things will get straightened out. because they have to get

straightened out. because if you look at tijuana and what the mayor -- lou: congressman, they've had to get things straightened out since 1986, 32 years ago. and all they've done is exacerbate a horrible situation, an inhuman situation. the mexican government hasn't given a rip about the people that it has urged economically and socia socially north to thed states, the same is true of central america. and by the way, you talked about the president setting the right tone here, i mean, the great thing about him is he is a man of action, as he promised he would be. he's doing something everybody around him was clucking about his decision to put troops -- i mean in my opinion he should have fired every person who objected to securing the border because those people have an agenda that's not in the national interest, is not in the interest of the american people.

i would clean them out s so fast their heads would spin. >> i agree with you, lou. this is a slon long standing prm obviously with mention ka. you had a president with fox. lou: oh my god. >> they were providing broo sures and pamphlets and maps on how to get up here. lou: he's the biggest blow hard who did nothing but urnl the poorest and least educated of his society knot of the border and then have the tha temerity,e gagall to lecture americans. and he was put up with by the bush administration, encouraged and, you know, everything but, you know, given a big hug for being such a complete and udder blank blank blank. >> yes. lou: i can't even believe it. and lopez oner door wants to go down the same path.

his people deserve better. he's a populist. he should be focused on the welfare of those people and the treatment by their government. let me turn to this wall. now we're hearing that it's a democrats wall here with five week to go, the house of representatives led by that conservative, that stalwart republican paul ryan who decimated your party at the polls. we are also led in the senate by mitch mcconnell. and the president of the united states wants a $25 billion wall built, he promised the american people. suddenly he's talking about it's the democrats fault and it's $5 billion he wants, not $25 billion. you people could screw up a vacant lot. yoit's disgusting what is happening in washington. >> we can't make a grilled cheese sandwich right. the reality is there are bills out there right now, there are

methods, like you could see the recreconciliation. you can do that. lou: may i interrupt you? congressman. >> yes. lou: i'm resorting to no adjectives and no name calling. speaker ryan is not a leader, he has no character, no principle or otherwise he would be supporting this president and act in the national interest, not the interest of k street, wall street and the whole bunch, koch brothers, the business rown table. i mean, it's disgusting. are you going to be able to get $25 billion in the president eats hands without any strings -- i love the idea of congress with its strings. paul ryan and these fools he serves. the american people should -- i mean it's just disgusting. are you going to get it done? >> you want my -- lou: i'll shut up if you can give us the answer. >> my honest opinion is we're

not going to get it done. we're not going to get the 25 billion. wear not going to get my bill through. there are so many way to get this done. you can do it through reconciliation. lou: why not $25 billion? >> it could be $25 billion. lou: that means it's a ten-year project. idiots could figure that out. and by the way, you've got so many of them in both parties on capitol hill, it's astonishing. >> we should be doing $25 billion. we should have done it six months ago, a year ago, 18 months ago. we have five weeks left. lou: why didn't you get paul ryan out before he could destroy the party? why did you let him sit there? i'm just curious. >> look at where the votes are, lou. it's always about votes and where are the votes. i'm one vote. lou: i know. >> and the bottom line is this is the direction that it went. and so i'm trying to make the best of a bad situation. lou: i understand. and you're a good man and you

are principled congressman and that makes you definitely in the minority, irrespective of the party that's in charge. >> yeah. it's driving me crazy, lou. lou: it's driving us all crazy. you can imagine what the president is thinking and the fools who are sitting there pushing him to take a $5 billion installment on a ten-year project. this is pretty sad what is the quality of the people around this president. they're appalling. as you know. congressman andi biggs, thanks for putting up with all that you put up with on capitol hill and occasionally on this broadcast from time to time. look forward to your next visit. >> always good to be with you. lou: coming up, former president obama engaging in revitionist r. think of what this mad narcissist. guess what he wants to claim credit for. we'll take that up with ed rollins. you're going to be astounding.

a little astowned. can you be a little astounded? we'll find out. ed rollins joins me here next. stay with us. we'll be right back. you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. ♪ liberty. liberty. liberty. liberty. ♪

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lou: former president obama -- i know this is going to shock you -- seemed to be stroking his own ego lovingly during an event last night at rice university. the former president claimed credit for the trump economy and for the boom in crude oil production in this country. >> by the way, american energy production, you wouldn't always know it, but, you know, it went up every year i was president. and you know, that whole suddenly america is like the biggest oil producer. that was me, people. lou: that was him people?

really? really? you know the man has got a massive ego and it sometimes clouds his mind. he seems to think he's not getting the credit he deserves. he sure didn't want to let intre preneuroentrepreneurs get the cr building a life, a family, working hard. here's the former president, just a little reminder. >> if you've got a business, you didn't build that. somebody else made that happen. lou: somebody else. well you know what? he's right about the somebody else in his case. that somebody else, just so the record is straight, the surge in crude oil production in this country, while he was president, took place on private land outside of the domain the presidents govern, that is the federal oil reserves. unbelievable. i mean, absolutely unbelievable.

joining me now to take up cindy hyde-smith's win in mississippi, a government shutdown in prospect in the rinos and dimms fail to fund the border wall, former reagan white house political director ed rollins. great to see you. >> we shouldn't forget the keystone pipeline that he rushed through. lou: i got to tell you, that's downright scary. that's a level of narcissism i think doesn't exist in hollywood. >> we knew he was a narcissist. we also knew he was a lousy politician. but at the end of the day -- lou: you can say that. he got elected twice. he ran two good campaignse campt wasn't an effective leader. lou: i'll accept that one. let's turn to this crazy idea, if you will, that the president right now is going to be forced to shut down the government because the democrats aren't

funding his wall. now first of all, as sief said here, the president is talking 5 billion, not 25 billion. that would be a fifth of the money that he needs -- stay with me on this complicated math. >> i got it. lou: this is the best ki do. this is as high as my math goes. that may be a ten-year project. that's completely crazy. we've already lost two years because of ryan and mcconnell and of course the koch brothers and the deep state. now it's 5 billion, not 25 billion and they can't get this done in five weeks. i see all these reports about gridlock and the dimms. unbelievable. >> well they're all arguing about we have such a big agenda we can't set our priorities. we only have four weeks. we would have to work weekends or until 5:00 every day to get it through. i want to see them pass one single thing. this president ones one single thing. he wants a wall. lou: the american people want the wall. >> we have a republican majority in the senate. every republican in this

country, 78% say building a wall is the number one priority. lou: i think we're watching what may be -- when ea paul ryan is o go down in history as the man most responsible for destroying the republican party. >> lost the momentum in history mod tern times republicans, lost more seats than they did in watergate. lou: the greatest and strongest economy. >> and a president busting his tail every single day for it. the only thing i heard today is he didn't spend his money. many of the members who lost in close races didn't get their money from the speaker's fund. so i'm going to find out the facts tomorrow. but i was told that by a member today. lou: and that's exceptional. you heard andy biggs say one vote. it's a question of the votes is the reason ryan sphaid ther stao destroy the party. >> he's now grown a beard so he

can go hide. he should go hide quickly. lou: if he does hide it's going to be behind a big check. >> yes, it will be. lou: he's got a big payoff coming from the boys and girls on k street. >> big victory last night in mississippi. shouldn't underestimate that. lou: no, we shouldn't. it's official. >> she ran a good campaign. lou: so did the president. >> yes, him going down made a big difference. lou: a real big difference. a new poll shows a vast majority of americans increasingly frustrated with lawmakers in washington. the university found that more than 80% of americans say they're either angry or dissatisfied with the government. 15% say they are happy or satisfied with them. they're on k street. they're the folks funding the lobbyists or they're in the government living large. up next, president trump comparing the mueller prosecution to the mccarthy

era while considering a manafort pardon. not taking it off of the table. we take that and much more up with congressman matt gates right after this quick break. stay with us. we'll be right back. i've always been amazed by what's next. and still going for my best,

lou: a huge rally today on wall street. stocks soaring. call it the trump vacation rally as the federal reserve chair

backed off of his recent rhetoric over the past two months talking about the inef interest rates. the s&p up 62, nasdaq gang 292 points. i believe investors like this new version of jerome powell. the volume on the big board 3.9 billion shares. crude oil now at $50 a barrel, the lowest level in a year. gold rose nearly a percent. silver up over a percent. copper rose 3%. google chief executive set to testify next yeek. week. he's decided he's going to lower himself to address the house judiciary committee. he'll have to answer questions about the alarming anti-conservatism in his company. the prospect of regulations seems to be focusing the minds

of those in silicone valley. a remind tore listen to my reports three times a day coast to coast on the salem radio network. my next guest here to talk about, among other thingses, google censorship, eapt trust issues and more, congressman matt gates. congressman withi, great to see. let's start with the appearance of the google ceo. i think it's nice that he actually sullied himself by walking into the nation's capitol. what do you think? >> i'm glad we're having this hearing because we cannot allow the leftists out in silicon valley to reshape the four corners of the debate. i don't want washington running my life but i sure as heck don't want silicon valley running my life. we need to make sure that we've really got an opportunity for all sides to be heard in the public square. you know, i don't want to see liberals or democrats sewn demo.

i want to beat them by having better orths. unfortunately the left also tries to throw a wet blanket over the ability of conservative to make their argument. lou: do you think there's room here for regulation? we've got to know what the starting point is. we hear the nonsense i think from the right that you just don't regulate. that's crazy talk, in my opinion. and in the left you hear the crazy talk you've got to decide who the winners and lose eshes are. equally crazy and destructive. >> i don't love the idea of regulating as a first impulse. i would go find the special protections that google, facebook and twitter and other companies enjoy in the law. peoplprotect technology companio

they don't even give to newspapers. lou: i'm not too thrilled about either way, either subsidizing or censoring. but the reality is there does have to be regulation. that should not be censorship. in point of fact, it should define conduct that has been traditional in this country on the part of either telecommunications carriers, which are he heavy heavily regu, despite deregulation back in the '80s. let's turn to, if we may now, china and this warning from the chinese about war or depression. not that ha they would quick stealing american intellectual property, not that they would insist on balanced trade with the united states. who the hell do these people

think they are? >> it's understandable to think they can run all over america. during the last generation under republicans and democrats, they have. but now we have a president who is standing up to china. what i'm most excited about is that president trump is protecting the american innovator. the chinese have stolen our solar technology, they bring it back to china, produce it for cheap amounts and then they go and dump it putting american innovation out of business. president trump said no more. he put over $40 billion in tariffs over chinese teg nolg. technology. and now i think china has met their match in donald trump and that's not something they're used to. so they're reacting very strangely. lou: but he's got a lot of folks in his administration. he's also got a lot of folks on wall street in particular working against him throwing lots of money and time. they are on a shut tol shuttle g

for crying out loud, representing not the u.s. interest, their interest. and in point of fact, as the vice president himself said, they're operating these people in wall street and big business in this country, u.s. multinationals, as unregistered foreign. >> the second biggest threat is business because there is no lobby to -- with a lot of the multinational corporations. move jobs where it's cheaper where there are no environmental regulations. president trump has put the worker ahead of the policy. put the worker first, not the wall street tycoons.

lou: up next, some tough talk for the america first president. we'll take up the latest chinese threats to american jobs, american business, america itself. china expert michael pillsbury joins us. we'll be right back.

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about president trump's insist tense that the chinese trade in a fair and balanced manner and quit stealing things, american things, american stuff, $600 billion of it a year. the chinese ambassador to the united states telling reuters, quote, in the last century we had two world wars and in between them the great depression. i don't think anybody should really try to have a repetition of history. now that's pretty cute and desperate whining from a country hiding behind the world trade organization and their special market status as a developing nation, an emerging nation, by giving them preferential treatment as they steal hundreds of billions of dollars a year in

american intellectual property. the prospect is that there will be a high stakes meeting between president xi jinping and president trump at the g20 meeting in argentina. ought to be interesting. to take that up now, that meeting when x between xi and t, dr. michael pillsbury, director of the chinese stratdy at the hudson institute, the author of "the hundred year marathon." it is great t to see you michae. i want to say first and foremost, it's really embarrassing to hear the chinese whine like this and utter such gibberish in official form from their ambassador. the president's tariffs are working, aren't they? >> yes. there is a sense of desperation, i think. they do scare people. when the chinese ambassador raises these things, you and i

know it's not true but there are people who are scared. lou: who would be scared? it's sure as heck not president trump. it's sure not john bolton. >> no. president trump, as i think you know, he's been on to this since the year 2000. he published a pioneering book using some really harsh language about technology theft, a whole series of -- lou: so who is afraid? >> i'm sorry to tell you that goldman sachs crowd is upset and "the wall street journal" today has a major exp expo say. the former boss of steve mnuchin and today there's a number, i think it's 50 times hank polson calls steve mnuchin. lou: you're a china hand. i'm a political hand.

and i just -- it's really straightforward. look who was conciliatory with the chinese and the trade talks leading up to what was the president's decision if they're going to ignore him, you know, mnuchin wasn't exactly direct and clear. he was a little ambiguous in his discussions with the chinese. and the result was they didn't do a damn thing because they didn't think the president was serious. that's goldman sachs style. >> i tell the story in "hundred year marathon" of 1993 when bill clinton started out really against china and nancy pelosi was with him, half of the congress, both houses really started legislation against china. but the chinese split the cabinet and they brought the treasury secretary, robert ruben, brought them over -- lou: did you say goldman sachs again? i'm sorry. >> in this case it was citi corp. >> it was citi corp afterwards. it was also the ceo of goldman

sachs. you don't want to miss a goldman sachs opportunity like that. let's turn very quickly to where we are. and that is a. >> saturday night. lou: i appreciate the compelling dramatic language. but we got a decision to make. are we going to be an independent free nation or are we going to be part of a supply chain in a global economy run from the united nations? >> a lot depends on the power of president trump. i'm betting on him. i think he solved this problem initially 18 years ago. lou: absolutely. >> i think he's quite determined. but a president can't run every little thing. he's got to trust the cabinet and -- lou: i think he's not to not trust them. that's the real issue. not trust them. >> i'm sorr worried. the chinese are smart.

they've been telegraphing today some of the concessions they're going to make. the basic idea is to say china is going to open up on its own for all countries and imply that america is not a special concession. this is probably not going to work but i'm looking forward to saturday night aren't you for the dinner and the one-on-one session. lou: what i'm really looking forward to is when the chinese finally rea realize, an awarenes that this president is not going to be played and that they're going to have to actually quit stealing or stuff as a condition to trading with us. let's hope it's near at hand. >> some chinese still think he's bluffing that's the problem. the goldma goldman sachs crowd - lou: when you call a bluff, you better be damn sure what you're

doing. the chinese obviously don't have a crew. good to see you. be sure to vote in tonight's poll. do you think communist china's juvenile threats of war simply display as they feel the president's full force for tariffs and free and fair trade and the end of the intellectual property? cast your vote on twi twitter. follow me on facebook and twitter, instagram. it's going to get messy, very messy if they don't give the mt. what he want president o fund a wall along our southern border. in jellyfish. rt rt

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lou: last night we asked you with rino ryan's loyalty to wall street stop funding for trump's wall? 91% of you said yes. the president left open the idea of a pardon for former campaign manager paul manafort. not taking it off the table.

the president departs washington for the g20 conference in argentina. it's going to be an interesting weekend as he meets with president xi and vladimir putin. good night from new york. trish: breaking right now. president trump slamming the mueller investigation saying we are living in the joseph mccarthy era. he says the presidential pardon for paul manafort is not off the table. the mueller team says manafort whried about his dis -- lied about his business dealing. stormy daniels said anti-trump lawyer avenatti filed a defamation suit against trump against h