♪ lou: good evening everybody, the radical dams, the deep state has been working to overthrow president donald trump sims before the beginning in the process and their conduct but today justice may have just begun. the department of justice rejected andrew mccabe effort to stop charges for his role in leaking information to the press and the clayton e-mail investigation and perhaps for more. chief intelligence correspondent catherine heritage live from washington with the very latest.

reporter:.lou: we are told caths not quite ready. let's turn first to jerry nadler in the radical dams. my apologies for the hangup there. on the house judiciary ki commie approving procedures and the impeachment investigation of the president again edward lawrence with the latest from washington. reporter: house members back from recess and democrats start with impeachment today. the chairman of the house judiciary committee jerry nadler tried to explain why this is important right now, republicans on the committee almost besides themselves quoting tv shows. >> is like a seinfeld hearing, to hearing about nothing and whether or not we have people coming give testimony afterwards

the president can write us a letter. reporter: with other deadlines like a government shutdown by october 1, republicans dear democrats to take this further. >> resolved that the house where the judiciary committee to conduct an inquiry into the impeachment of the president. it is that simple. i dare you to do it. i double dog dare you to do it. >> this is more smoke and mirrors seek and appease the far left on doing absolutely nothing about this issue. or is this so you can avoid talking about an agenda that includes standing airplanes, eliminating our borders, maybe other parts of the platform like defunding ice, giving illegal immigrants free healthcare, maybe banning oil and gas exploration. reporter: democrats pursue the boat setting the role for the impeachment investigation and staff can ask witnesses questions and documented evidence became confidential and the president can respond to the investigation in writing.

we're starting to see a wider divide among democrats and modern democrats say impeachment talk is sucking air out of things they are trying to accomplish. lou: edward, this is a remarkable turn of events and jerry nadler indeed does look like a man taking half measures trying to project a reality that has not exactly been realized at least to this point. lawrence from washington. let's turn to fox news, chief intelligence catherine heritage with more and enter mccabe good to see you. reporter: injury mccabe is one step closer to criminal indictment after source close to his legal team confirmed that the justice department rejected his last-minute appeal. the case legal team with the deputy attorney general argued against federal criminal charges for misleading investigators over mccabe's role in the

clinton foundation just before the 2016 presidential election. the e-mail from justice said the department rejected your appeal of the united states attorney office decision in this matter. any further inquiry should be to the office. the washington, d.c., recommended moving forward with charges based on the findings of the 2018 inspector general report. he was fired over the findings within days of his retirement. michael e horowitz concluded he lacked candor on four separate occasions. his role on the clinton foundation and confirmed the fbi probe of the operation. that was one week before the presidential election. horowitz also found he violated media policy because confirmation of an ongoing fbi investigation was not in the public interest. rather it was divide to benefit

mccabe and push back against criticism he was compromised because his wife took more than $600,000 from democrats for 2015 state senate race. before the news broke, senior republican on the house judiciary committee said the indictment is likely because trump aids were prosecuted. >> you cannot really tell the public, we are going to treat people differently with different standards for the same conduct. i think that's really what the department has to look at and why ultimately live to strongly consider bringing the charges against firmly under former deputy director mccabe. reporter: he filed a civil wrongful case against the fbi and the attorney office is not commenting on pending action. a legal analyst told fox news, today's development really ramps up the pressure on mccabe to cut some kind of deal and potentially offer testimony against other senior fbi executives. lou: thank you very much. and it's clear that many people

particularly in the nation's capital think this may be the beginning of accountability being front and center. we can hope so. joining us tonight is sidney powell former federal prosecutor and lead attorney for former national security advisor michael flynn. ray to have you with us. let's see your reaction for the rejection on the appeal for mccabe and the likelihood of his prosecution. >> it is the whole story in itself, mccabe was able to appeal that before being indicted and dragged through the mail but enforces indictment for repairing the rule of law. in avenues john ratcliff said, we have to treat people equally in equal circumstances. he knew he was being interviewed, he was fully informed of the purpose of the

interview by the inspector general and he was under oath and it was recorded and he still lied. so yes there has to be a prosecution of enter mccabe for that. >> at this point, the only appeal that he has as i understand it further, and as you said the process seems very strange to me other there should be a prosecuting attorney makes the determination order should not be within the justice department of a bureaucratic process that that person would be the attorney general. >> mr. rosen has already denied it so it's not going to mr. barr. the only thing they can do now is try to pleat underplayed again with the district of columbia with the early meter division so i would expect them to be indicted shortly. >> that indictment as bee has ba behavior, there's book deal, interviews, acting very much like jim comey and some of this. where does this leave jim comey?

>> i think it leaves mr. comey very concerned about what could be coming down the pipes because generally speaking the first person to cooperate fully get the best deal. and they were both in on everything together so mr. comey i would think would not be sleeping particularly well although they know no bounds. i don't know how he is processing this. lou: went to turn to your case very quickly as we assess what is going on. a memo, a department of justice memo clearing your client of being a russian agent but suddenly that exculpatory document is missing, who has it, do you think if anyone, how in the world could be lost in white did the prosecutors not take note of it? >> i don't think it's really lost, they deliberately ignored it because they advised about it and delighted the brady

production lighting us know what some of the information is out there that is favorable to the defense. people in d.o.j. have seen it, it was written january 30, 2017. before mr. comey went to the oval office and light in the face of the president and when the president said i hope you can see to let this thing go with mr. flynn, he's a good guy. mr. comey should've responded, mr. president we're declared your national security advisor of being an agent of russia. there was no violation. that's what should've been said then. instead he goes out of there any drafts a memo and starts jamming up and instruction of justice claim against the president. lou: why is there not an inspector general report on all of this? >> there should be. i think lying to the president should be a violation of 18 united states code section 1001. lou: what does that say?

>> for those of us that don't remember number so well. [laughter] >> making a false statement to a federal officer. lou: indeed. and especially the top federal officer. >> exactly. lou: great to have you with us. we appreciate it. thank you so much. i want to give you a few thoughts of many respected attorneys here and one highly respected congressman. first joe jovanovi i'm told if e patient it'll be up. joe saying this for the man who demeaned and betrayed the men and women in fbi woody brock to cohorts on teleconference, first we believe flynn and then we deleted trump.

this is -- it also maybe if i may add, the beginning of justice. the term department of justice was more considerate and professional with mccabe than his fbi was with general flynn. they did not turn to him that his son unless he played guilty. and congressman jim jordan tweeted this, we might be getting accountability with the comey cobol. indeed it does. just as perhaps at hand. coming up next, we will have more on the justice department and rejection of mccabe with award-winning journalist john solomon who is been at the forefront reporting on spy gate and the rest later in the broadcast. up next president trump historic accomplishment, 150 judicial appointees on the bench. we take it up with the dean himself, ed rollins is next.

lou: another good day on wall street. stocks are closing higher in fact the dow jones industrial up for a second consecutive trading session up 45 points in the business press or national left-wing media talk about trade tensions at all. it's like they lost interest or gas. at least for the moment or they simply cannot find another monolithic reason for stocks movie one direction or another. the s&p up nine points, s&p of nine and his will be done to 3.8 billion shares, google harder to pay more than a billion dollars in taxes and fines to settle the dispute over allegations of tax fraud and france, the european union a lot tougher on big tech then we are in this country. authorities are investigating

for tax invasion since 2015. people go to jeff for tax evasion. maybe not in france. we will find out. a reminder to listen to my reports "coast to coast" on the salem radio network. 2020 damn hopeful marianne williamson says conservative media outlets are nicer to her than the national left-wing media. williamson again saying she did not know the left was so mean and she has faced har harsh criticism from the left because of her tweets that embrace the power of prayer. , spirituality that dems have lost voters because there over secularized, what is she thinking, speaking truth to the left? not done. another historic a bushman for president trump. establishing the judicial legacy for history, the senate confirming the president 150th judicial nominee, that is quite

a record of judges to be on the bench under this president, he is appointed 105 judges to low court. in two supreme court justices since he took office. and the president this week said that president obama left him of bootable present when he left 130 judicial openings when he took office. i think the president has been suggesting that perhaps mr. obama taught mrs. clinton would be succeeding rather than president trump. joining us former reagan white house and political director, fox business analyst, leading republican strategist ed rollins. that is some deal. 150 judges. >> it's extraordinary and will be a great legacy of this

president. he will have changes court if he gets another supreme court judge before his term is up for his second term it will be monumental what he can do. one thing, function nonstop since he got in. this is a priority and i serve in the judicial selection panel for president reagan. he took forever to get judges to. and he made this a high priority and very conservative judges and people who believe in the wall. they've not succeeded. lou: i'm talking about president reagan in this president as well. >> absolutely. it's a great compliment. let's turn to what is going on now. this president is winning in those courts, he's winning in the supreme court, waiting on asylum, winning on his program to restore security to the border, stopping illegal immigration, even the left-wing

media is beginning to acknowledge his policies are having an impact on securing the border in the united states for the first time in decades beginning to take control of the immigration system. >> this is one of his goals in these works very hard to make it work. again a lot of opposition from judges what have you at the end of the day he is right. the country will benefit by it and it may never be popular among the mainstream media, it will be put under popular among the american public. lou: we now have the judiciary committee as you well know, coming up rules, protocols, nonsense for something to do with impeachment that is an inquiry, investigation, they cannot quite define it, they look like damn fools in the way in which nadler is conducting this. i cannot make heads or tails of it. neither can anyone in either

conference. >> i told several weeks ago on the show, they're going to try to impeach as president, they will not successfully do it but the spend the next three months. lou: i disagreed with you? can i withdraw that? >> yes, yes. lou: the very idea that they will bring charges. this party will have a word off. i'm telling you, i truly believe that if they move ahead with this idiot nadler stuff, let me rephrase, the nadler idiot stuff, about impeachment in the nonsense, i think the democratic party will not only lose a 2020 election by a considerable margin, the be devastated. >> the spend the next several months but talk about nothing but this and the end of the day the paraphrase. the country has watch for three years and hurt all the stuff. lou: they cannot continue to light about a man they arty know. he's delivered promise after

promise, and the democratic party where the giant in the white house he said i have to do this because i have three primary opponents partly in the aoc. >> this is what he's telling people, i have to march forward. he is wanted to march forward to the day he became chairman. lou: he's going the wrong direction. >> is definitely coin the wrong direction. he's doing it because he scared of the primary opponent. at the end of the day, my sense of the great chaos and keep democrats from doing anything. it will be a great, great dismissive thing to this presidency in the sense of destruction. he needs to keep on the straight and narrow. lou: i get a kick out of marianne williamson, the democratic hopefuls, she continues to tweet and write about the meanness of the left

directed toward her. you can imagine what the rest of us get from the left. but it really should open the minds of the left to what they are doing. they are the party of hate, party of personal destruction, they have become something that you would have to think at least created the debate about the soul of the party, it does not. we have one person, i want to share this, marianne williamson tweeted this, prayer, she says, is the power of the mind and in bizarre or in intelligent people of faith the blog of the democratic party and will be necessary if we are to win in 2020. that is unfortunate for those hopefuls because the democratic party has passed a resolution that is disassociated themselves with the faithful in the god-fearing in this country. >> the measurement and today

with republican or democrat, if you go to church on a regular basis whether jewish, catholic, christian whatever, you're more likely to vote republican, if you do not go to church you're less likely more likely to be a democrat. lou: what's the negativity of the democratic party is awful in so many forms. against this president. i was in the white house yesterday and i have to tell you, why are these reporters in the white house reporting about the atmospherics of the white house. what they see in the way of the staff in the demeter in the conduct, it speaks volumes about why this president is doing as well as he has, i just think i'm

going to have a comment at the end of the broadcast about all this. it's tending to think that the white house press corps is not reporting on what is obvious. >> obviously he is marching forward and does not get distracted by any of this. in the disarray in the media because they cannot get to him. lou: they look like fools for the way they behave. thank you. always instructive, if we ever disagree, i take it back. not tonight i'll take you back later. >> for my acting eye structure on capitol hill slamming the radical dems for the buyer hunter buye -- for thedeep statm friends. stay with us.

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hill. great to have you with us. your reaction to last night, talking on the broadcast with joe and victoria. their frustration was comparable and they have been patient and immensely confident of william barr. even they were starting to feel a little frustrated, your thoughts about what came down today and where it likely leads? >> where one step closer to the possibility that andrew mccabe might be indicted. it's remarkable, this is been an 18 month process for a crime that the ig laid out in april of 2018 pretty clearly. he lied not once, not twice but four times. it did not take 18 months to indict george papadopoulos or any other figures in the rest of the case. when people look at it, they see two things, justice which normal

people get and then they see just us which is the special treatment that just insiders get. i've never seen this appeal process but the news is, at least were at a point where they will indict or not indict. the next two steps, if the justice department is serious they will send a notification to injure mccabe saying you're likely to be indicted. in either grand jury will indict on charges or they will pass and we should not be at this long nightmare soon. lou: i am like every american, i am hoping that you are correct in all of this. but even at that, there is much to be atoned for. because of the process has been awful, it has set back a president of who is indomitable,

he is still historic president. >> i truly believe this, any other president would've succumbed to depression, fears mending frustration or would've given up fighting in some ways which is made this president even bolder, stronger and certainly every bit as effective as he had no opposition at all. >> i had the pleasure a couple of times and at times in the president was at darker times and things were looking down for him. in donald trump if nothing else is an absolute fighter, he does not stop and i saw that behind-the-scenes with different interviews over the last few years, it's a man that keeps on fighting because he wants to do the job that the market people elected him for. more development, new developments in the christe is t still dusty. would you share that is

extraordinary reporting as always. >> its hot off the press, today thanks to the good workers grasp and johnson, we learned there is a lot of new information in the first information about potential misconduct is a famous meeting that you and i talked about october 2016 christopher steele at the state department, the opposition researcher for hillary clinton. we learned that the state department inspector general found evidence of anti-trunk political conduct by the players in the meeting at the state department, he referred one individual to the special counsel's office. that is a important news. there was an official john weiner who is using official account to conduct state department businesses around the christopher still contacts. that is been referred. but these allegations only

surfaced because they pressed for information, the inspector general never wrote report so they do not write about it, and he did not interview any of the key players, weiner, your boss and there's been questions about whether there is a cover-up of the information if it were not for the good senators we may not know about it. lou: that's extraordinary. it's extraordinary, i don't know what the circumstances are but i recall during the period of the obama ministration, i cannot remember the link in which they do not even have an inspector general. >> there's a large time where there is vacancies. these inspector general's plate and important role as long as they do the job independently. hopefully there will be just as there as well. lou: as always, thanks for all you do. we appreciated.

a great journalist in this country, john sullivan. we like to hear your thoughts, follow me on twitter at louis dobbs, like me on facebook and follow me on instagram at "lou dobbs tonight". up next yogurt says everything china does is carefully planned in order to dominate the world. he is with us tonight. tom joined us to take up the clash of the radical dems in the house of representatives, the one that they control. that and much more will we continue. you do not want to miss a minute

>> i think it's important to make sure that the testimony of mr. homan is called out as nearly completely untrue. >> i forgot more about this issue than you ever know. so if you see my testimony is inaccurate is wrong, everything i said is accurate. bottom line, if you want to go toe to toe, i'm here on my own time, to speak to the market people -- >> i'm happy to go toe to to any day. >> you have to let me respond to your question rather than dropping a bomb and running away. in my 34 years and never seen such hate toward law enforce agency. lou: mr. homan does not sit for fools lightly or politely.

asserting the truth and former acting director of immigration customs and fox business contributor and great american. and how proud he him of you of not putting up nonsense spewed by democratic congresswoman and i t don't understand why she stl in congress. her unethical conduct and illegal conduct attacking outstanding decorated law enforcement officer, former law enforcement officer of this country. >> your thoughts about what you witnessed in the committee? >> i was not surprised, it's a circus, you had three clowns ocasio-cortez, scholz and whatever her name is.

and they don't have a brain cell. they were upset with the opening statement, this be nothing but political, you're quick to have hearings when they pass a policy that may result in arrest of illegal aliens, you come to defense at the main hearings. but i'm not seeing one hearing on the southern border on the three loopholes causing the search and i've not seen one hearing on the attacks against men women on ice and border patrol where the trying to burn the buildings down and families being bowling. i'm not seen one hearings on sanctuary cities and one hearing for the trying to defend the american people. that is their job and i called them out to my opening statement and they said it's all a lie. she proved it was a political theater because not one of them asked me questions of substance about the policy that i'm an expert in. they took the time and attack me personally proving my point that this was political theory. it was a tragedy and i'm in

sultainsulted that there in con. the present will have no problem winning reelection. >> the people that put them there have got much to be ashamed of. it is awful. former homeland security under president obama, dave johnson had this to say about the dems having gone so far last, so radical that he believes their chances of any success in the 2020 elections -- have damned. >> when we talk about the prioritizing the deportation of those apprehended at the border or decriminalizing illegal immigration, i know we are going way too far to the left of the american consensus on where we should be on this.

>> j johnson, the department of homeland security secretary under president obama saying to the very people which you just pointed out. in the committee. that you lost your mind and have gone too far. >> i respect jay johnson very much, i worked for him, we always did not agree, but we also gave us the tools we need any help rebuild family detention and build a facility, he gave us the tools that we needed with the search. he's the first one to say we have a national crisis. and when president obama pressed these executive orders, dave johnson told us what was coming and wanted our input, we were able to change some of it, not enough but he speaks the truth and i respect him till the day i die. he's a good secretary but we did not always agree, but he listened to law enforcement. lou: a man of integrity and i have to agree deserving of

respect. and the people who are working for him, the men and women of dhs. the president of the united states is doing pretty well is a he? he has the supreme court, the ninth circuit court of appeals, without question the most amazing partnership with lopez, he has constructed a policy that means asylum-seekers have to wait in a safe country for the into this country. he has flipped the democratic party on its head and revealed them for what they are. no nothing, do nothing. >> is a greatest president of my lifetime. you are right, 56% decline of the southern border because of president trump and his actions. not because of anybody in the

building has done anything, he did it himself, he is keeping his promise to the american people. he's delivering to the men and women, the national heroes, he's delivering to the men and women of vice, he is taken i o hielf, the national emergency and take everybody to school. even some of his own parties supported, he's a winning president and he will continue to win and he is doing the right thing with this country think god we got president trump in the white house. i am happy every day i wake up the he's our president. lou: thank you so much. well done instructing the congress of the united states. at least some of it. you have much more to do, they are not going to bully me away, they may not bring it what you will prevail, so great to have you with us. check this out, president trump's campaign is flying a banner that attack socialism

over the debate side in houston. socialism will queu kill houstos economy bookeboat 2020. it will be held tonight, take that houston. up next china's efforts for global supremacy and what the united states needs to do to win the fight.

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lou: joining us tonight, senior editor bill gertz, his new book is called deceiving the sky inside communist drive for global supremacy great to have you on the show again. congratulations on the book. this book is already received a notable support and i might want to add my voice to recommending it to be purchased right away. i think one of the most important books of the year, bill gertz deceiving the sky, for global supremacy. let's start with global supremacy. the idea that china communist china wants to dominate the world, does not ring with truth

and the americans. i cannot imagine that they think they presume that our supremacy is god-given. it is not is it? >> it is not. basically, were in the middle of a 40 year gamble by our policy and intelligence expert who told us if we trade with china, we are just nice to china that it would morrison to a nonthreatening benign power. nothing could've been further from the truth, were now facing a major threat, china is on the move, they're using the road initiative, the major infrastructure plan as a trojan horse to expand the economic and military influence around the world. this book deceiving the sky, i really try to expose that. lou: and you do so, and as i was thinking today about our

interview, comes word from some press outlets, the chinese want a dual track in order to reach a trade agreement, they want to take trade and economics and put on this track. and they also want to take human rights, they want to take the national security issues, move those to the other side, two tracks but focus only on trade. the number of american complex, u.s. outlets are broadcasting and spewing if you will, the propaganda of china, they have more chinese sources for the reported men and u.s. sources. what is happening related to the trade talks, the pro china forces are trying to oppose president trump's new tougher, harder line on china and they're coming up with a whole bunch of new ideas, one new idea is to

allow u.s. businesses to enter chinese financial market, this is a non-starter, so for the president is hanging tough against this, he was a comprehensive deal that deals with all of the threats from cyber to currency manipulation to fentanyl export into the united states. >> this is remarkable, as a principal layer or element of the trade talks, under negotiation is the stealing of u.s. intellectual property and technology by china. the export of deadly fentanyl, the deadly stroke i am aware of to the united states by the bucket full, please do not do that, there is a certain amount of weakness rejected aisen this is got to be in negotiation when it seems to be a law enforcement matter, national security and

pleased by the way, also stop all the nasty cyber attacks. this is the most unique trade negotiation i've ever witnessed. >> yes, i talked to administration officials recently, we had a deal back in may, 150 pages and i'm told the senior commonest leaders in beijing understood if they signed it, they would be admitting to all of these activities. the cyber attacks, the intellectual property theft, and even the fentanyl. so it backed off, i'm not optimistic that they will reach a deal. >> some people would be optimistic that we do not reach a deal as you well know. and i want to ren recommend your book warmer time. we will recommended throughout. it is run on the show because it's so important and you have produced a terrific and lightning illuminating book on china, its goals and again, i

have to end by saying thank god for president trump. thank you so much. we'll be right back. stayayayayay

lou: the adversarial almost as acrimonious bunch of folks i have ever seen in the press

corps at the white house, a lot is happening in washington and across this great country of ours. and it's because we have a president who is a true leader. and i believe will be regard as one of this country's greatest presidents. if not our greatest. i spent some name white house and i want to give an update of the atmosphere i witnesses. the mood in that white house couldn't be more positive and high energy. i have seen a number of white houses. i saw this one in its early days and i saw it now. the joint is hopping. on every level and on every floor the joint is hopping. there is sunshine on almost every face and our president is at the top of his game.

and for every challenge and there are many, this president is reveling in it all. cheryl: it is 5:00 a.m. here are your top stories. pulling no punches, the top 10 democratic candidates took to the stage in texas last night with frontrunner joe biden taking shots from all sides. lauren: is the end in sight? president trump eyeing a possibler interim trade deal with china as another trade meeting inches closer. cheryl: google subpoenaed by attorneys general from a across the nation as questions about their business practices take front and center. should investors brace for a long, protracted battle. lauren: the search for love is a tale as old as time. there is a report that maybe it's time to stop dating for the sake of your bank account and your health. it is friday, september 14t