thanks so much for watching "strange inheritance." and remember -- you can't take it with you. ♪ weekend. lou: good evening. a big development in the investigation into the origins of the russia collusion investigation. u.s. attorney john durham's administrative review of the origins of the deep state's efforts to overthrow our president has shifted to a criminal investigation. this expansion of durham's investigation driving the radical dimms and the left-wing media to distraction. they are complaining that the u.s. justice department has politicized the investigation.

we turn to chief white house correspondent john rob ergts at the white house. reporter: more than two weeks ago fox news was told prosecutor john durham was expanding his investigation based on what he found expanding into the spring of 2017 and the firing of james comey. now that it's become a criminal probe, durham can impanel a grand jury, seek testimony from witnesses. he's interested in interviewing james clapper and john brennan. president trump: a lot of think that -- and they know they have problems because they were very dishonest. reporter: sources tell fox news the nature of durham's investigation changed because of new evidence in a trip bill barr

made to rome and the information in the inspector general's report. michael horowitz wrote that his draft report is lengthy and he anticipates the final report will be released publicly with few corrections. despite the fact that durham has worked for both the democratic and republican administrations. the democrats ripped him by calling this a hit job. a double whammy for president trump in washington, d.c. today, journal howell ruled d judge howell ruled they must turn over

he materials from the mueller investigation. and red the impeachment investigation is valid even though it has not been approved by a vote of the full house. lou: new developments on general michael flynn's case. his attorney, sidney powell, joins us tonight. the justice department's office of legal counsel has written a letter to the intelligence community michael atkinson upbraiding him. stating that the inspector general should never have treated the so-called whistleblower's complaint as an urgent concern saying it was outside the intelligence community and not a matter of urgent concern. the u.s. and china appear to be

closing on a number of certain aspects of the deal. ed lawrence has the latest from washington. reporter: chinese state media signaling the vice president's speech walked a fine line between the hard talk an and th- accommodating language. lighthizer said they are close to the finalizing an agreement, not a treaty. president trump said chain a still needs a deal. president trump: the farmers will do better than maybe anything. china wants to make a deal. they would like to see reductions in tariffs that are scheduled to go on very soon. they would like to see them not go on. reporter: he seemed co-to

confirm what the chinese trade sources told us. that's 15% tariffs. the chinese worked hard to get those tariffs postponed or not put in place. interest protects intellectual property, and. >>s banking so they could work with chinese markets. the administration wants to have the final lang tbhaijt phase one agreement ready to be signed by the time the apec summit comes around in less than three weeks. lou: joining us, peter navarro, assistant to the president, director of trade and industrial policy. the straye -- the trade czar, iu

will. this deal seems to be coming together, but has a lot of elements that are poorly formed. give us an idea of where this deal is, the so-called phase one. >> we had a good talk with liu he. the enforceable obligations, might look like a 40-50 page document. there is progress on intellectual property and forced technology transfer and currency. what it doesn't do which will have to be done in phase two and three, is the seven deadly structural sins of the chinese, things like dumping, subsidies,

state-owned enterprises. made in china fentanyl killing americans. and cyber intrusions into our business networks. but it looks like a great deal for phase one if we get an enforcement mechanism. that's the red line of all of this. lou: an enforceable mechanism. what does it look like? because we are sort of in a peculiar position of asking another state not to steal from us rather than erecting our own barriers, law enforcement in matters of national security and defense making certain they damn well don't. >> we learned a lot from the wto mechanism that didn't work. this would be quick trump time. you have a complaint violation in the agreement, it would be

settled in a matter of weeks or months. if the aggrieved party believes it hasn't been fairly treated, the united states, they can impose tariffs, and the other party china would not be able to appeal it to the wto. that's kind of what it looks like. if both sides -- and liu he publicly said if there is no enforcement there can't be a deal. they appear to be committed to it, but as president trump said, let's see. lou: they reneged on the same concept back in may. sort of amazing at the vice premier level see a nation renege. also the reports suggesting that the chinese definitively and absolutely mean that we need to remove those tariffs before they

buy our agricultural products. by my calculation, and this elementary mathematics so it's something i can deal with. it looks like we would lose quite a bit of money in terms of tariffs, or not as much money in the way of agricultural purchases by the chinese. why in the world would we do that? >> i think both sides recognize that's a non-starter. what is in play is whether the december 15 tariffs go into effect. the conundrum is you repeal those tariffs in december, you don't have any incentive for the chinese to do phase two and three. the on reason why the chinese are at the bargaining table is because president donald j. trump stood up to them and

imposed tariffs. that's why we are here. lou: to his great credit and to the country. i think we have all become accustomed to those tariffs, and it seems we are putting ourselves in a position of dropping those penalties for their conduct before they change their conduct, and that seems to be a matter, ifle you will, of extraordinary 8 and hope that has been misplaced in our previous dealings with the chinese. why should we do that? >> we shouldn't. we are hearing that from the outside. the spin that's trying to push this president toward a place where we shouldn't go. let's have faith in donald j. trump and bob lighthizer. we'll get a good deal in phase one or we won't. they walked away in may.

we are here to have a fair deal. if they walk away it won't be our fault. president trump has done nothing but bargain in good faith with the chinese. lou: just as he did up to their reneging in may. we are on a glide path to chile. it's three weeks away. let's see what happens. peter navarro. trade czar. do you like the ring of that? the left-wing national media deep state seem worried about the expansion of john durham's criminal now investigation. >> this is raising serious questions about whether the president is using the justice department to go after his enemies. >> it makes no sense. brit, attorney general barr. i don't see what you have got.

>> those aren't real investigations. it's a disinformation operation. >> i know nothing improper was done. >> it's interesting and i will let it go at that for the timing. lou: we won't let it go at that. what president trump has to say about resistance from some of those in his own party. we take it up after these quick messages. stay with us. we'll be right back. [ applause ] thank you. it's an honor to tell you that liberty mutual customizes your car insurance so you only pay for what you need. i love you! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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lou: on were you street today, stocks closing higher. the s & p up 12. the nasdaq up 57 points. volume on the big board 3.4 billion shares. shares. out of control congressional spending driving the federal budget deficit. it rose just short of a trillion

dollars for fiscal year 2019. the highest level in 7 years. the uaw approved a deal that includes a commitment from general motors to invest in manufacturing plants here in the united states. some of the uaw members can go back to work. but ford has been informed they are next on the list as they go to contract talks with the united you a co-union. we have to give petered navarro and the president of the united states who dis. ed him to add some urgency to those talks with the auto workers. president trump: we do have

never trumpers. i am not a fan. i think they are bad people. some have recovered. i guess they went through a recovery program. they learned how to win through me. but others haven't. i'm not a fan of never trumpers and i never will be. everybody makes mistakes. you are with cnn and you are fake news. along with the national left-wing media, he's long -- those folks have all tried to undermine his presidency with varying degrees of failure. the president also going after his predecessor. in a new book by doug wead president trump saying of the obama administration quote. the interesting thing out of all

of this is we caught them spying on the election. they were spying on my campaign. anybody else would be unabling to function under the kind of pressure and distraction i had. they couldn't get anything done. no other president should ever have to go through this. wead's book "inside the trump right house" goes on sale on the 26th. we highly recommend it. joining us, the savant ed rollins and mark simone. good to have you both with us. how about that? a president going through all of this and by the way, it only gets worse it seems with every passing day. >> they started spying on the campaign in the high ranks of the fbi and cia who did not want this president and actively

worked against him in the campaign. when he became president they worked against him. the cia is not a law enforcement agency. it's a spy agency. it's supposed to be spying on them. the idea that a guy who wasn't even in the white house, who left the white house -- suspect left the white house when trump came in and is still spying on the president of the united states is treasonous. now he doesn't even have to testify. lou: this pretext of an inquiry of impeachment, this is ridiculous. then we get the news that the justice department expanded john durham's investigation into a criminal investigation of the origins of this collusion hoax. i swear to you, mark, this is ridiculous what we are watching without comment from the

national left-wing media about what these frauds and the radical dimms are doing. >> i love the president. he has one flaw, and he's not ruthless enough. he should have a pointed the special possible youthor. durham, everybody says we should have confidence in them. in that debate he said i'll appoint a special counsel to look into your situation. should have done it. it would have led to all of this stuff. lou: a lot of people say he should have fired comey the second he got into the white house. he's trying to be fair and he's trying to be measured. even presidential as some of his critics speak. but what we are watching now, this is a white house that is in absolute mortal combat because the democratic party means to

destroy this president and everybody about this country that absolutely values due process, innocent until proved guilty, and just getting the hell out of the way once an election is over. >> the only good news is you are up against a bunch of third-rate bumblers. with nixon you were up against some statesmen. and he also committed a crime. >> there was a break-in, burglary, and a cover-up. it was pretty simple. the democrats are making this confusion. the president's effort to get rid of people in the intelligence community who are not only against this president, but against everything he stands for. they are doing illegal acts every day they go to work. lou: it's not as confusion as

some are suggesting. the democrats are lying and attacking the president with the purpose of subverting and overthrowing him. every one of them should be skidding on their tails right down pennsylvania avenue. it's absurd putting up with this. if you had one senate majority leader with principle, and guts, saying you are not going to do this. you are going to get out of the thug and mob business and get back to the people's business. >> if i was the republican leader in the house, i would take all my members off the floor. san and say if you want to go through this, go ahead. he's all alone. everybody has deserted him. there is a senate intelligence community and judiciary community. lou: richard burr, the chair of

the senate intelligence committee and lindsey graham who has never seen a microphone or camera he didn't like, the author of so many opposing sound bites and inconsistencies to the point of eccentricity, instead he has done nothing to investigator set the record straight or defend this president other than run his mouth. it's time he does something more than just play to which way the wind is blowing at any given hour on any given day. >> when you are a wind mill every day the wind blows a different direction. that's lindsey. he's a wind mill every day. lou: what does the president have to do. >> i grew up in a town with the navy and marines and i was a boxer. whenever i was in a barroom

brawl every item you needed for your defense was there. whatever weapons they have they need to use. >> he will win in the independent. gary cooper in "high noon." lou: i like it, but i don't want him to leave town. i want him to stay right there. breaking news now. the pentagon, that controversial $10 billion pentagon award for computing, that contract has been won but not by amazon. amazon had won the contract earlier but there was a review and the president raised concerns that the bidding process hadn't been competitive. the president come plaining over the amazon deal with the post office. but in this deal microsoft

prevailed. not amazon. microsoft will have the' pentagon cloud computing deal. next the efforts to entrap general michael flynn. we'll be talking to his attorney, sidney powell. and new reaction from china about vice president pence's speech criticizing china's human rights abuses and criticizing corporate' american for refusing to statatata ♪music and (bus sndfx) ♪what you want, baby i got ♪what you need, you know i got it♪ ♪all i'm askin' is for a little respect♪ excuse me ma'am, would you like to have my seat?

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towering over the landscape, many stand hundreds of feet tall. some are older than the country itself. our national forests are constant - beautifying the landscape, filtering the air we breathe, purifying our water supply and cooling the climate. forests are where we retreat to play, connect with one another, and commune with nature. we need our forests.

and now more than ever, our forests need us. fires, insects and disease devastate our forests each year. that's why the arbor day foundation is putting out the call to plant more trees and preserve and protect the ones we already have. visit arbor day dot org and see how you can help make a difference - in your neighborhood, our country, and our world. lou: beijing condemning vice president mike pence who delivered a scathing rebuke

claiming his speech was full of arrogance, prejudices and lies. president trump testified his vice president. president trump: i went over the speech, the speech was fine. but i'm also working closely with china on a deal, but the speech was fine. lou: joining us, dr. michael pillsbury of the hudson institute. this is a troubling moment, it seems to me because of so many unanswered questions surrounding what is called phase one. we hear that the chinese warrants the president to lift tariffs on products coming into this country as a condition precedrecedent.

>> that the report from the phone call by the deputies on both sides. this is part of president trump's negotiating technique. he's trying to let the chinese make concessions quietly. and not have leaks on either side. so far he has new concessions out of china. but whether that's enough to make the deal in chile remains to be seen. lou: some elements of this should not be a matter of drama. they are staring us straight in the face. if true, that demand on the part of the chinese is close to being an act of bad faith. already agrieght, then putting conditions on it. would you agree? >> i do agree. the prospect that they will

renege again between now and the' summit in chile. i saw peter navarro on earlier. i am not as optimistic as peter. the chinese are either bluffing or they believe their fourth quarter will be back to 4-6%. they don't act like they are panicked or afraid. but they were surprised back in may when the president punished them for reneging. they may be looking for a punishment again if they don't have a good deal. lou: it looks like this deal, success has many fathers, failure is an orphan. this one seems like it has a treasury secretary for a father and it's indeterm i it's indete.

is that i will lewis ar. >> i think the chinese made a couple concessions designed to focus on steve mnuchin's background, he came from. he was a star at goldman sachs. he was involved in movie making. so the chinese passed a new law that opens up their markets to our investment banks. they are allowing a few more hollywood movies on and have undone the damage they did six years ago. they lost a ruling on credit cards. they lied. they said they would implement it and open their markets. and they never did.

they denied the market to tour main credit cards. if you are an investment company or credit card company you are happy with the chinese. lou: if you have friends or family that lost a loved one to tent nito -- loved one to fental overdose. you wonder how we can put off in a negotiation a solution to that issue ahead of comfort for our investment bankers. it's a difficult phase, whether we call it one or something else. >> they backtracked on fentanyl. it's bad. the president may have to punish them again. lou: indeed. dr. michael i -- dr. michael

pillsbury, glad to have you with us. activity by the deep state and radical dimms. genenenene

president trump: this is a hoax. just like there was no collusion after two years they found out and wasted $45 million. this is a disgrace this could

happen in our country. it's a hoax. it's a continuation of the russian witch hunt which turned out to be phoney. the mueller deal was phoney. now they have this. lou: the president on the radical dimms and the deep state trying to overthrow his presidency. john bolton has hired a legal team. he's in contact with house committees, leading the so-called hoax impeachment inquiry. bolton's name mentioned in testimony by foreign policy advisor fiona hill and her testimony. it's not clear whether bolton will testify. general michael flynn's legal team says fbi agents altered flynn's record, 302s in an effort to frame the general.

james baker may have illegally leaked transcripts of flynn's calls to "the washington post" in january of 2017. flynn's team says james clapper told a reporter word to the effect, take the kill shot on flynn. this is nasty, vicious stuff. joining us now is the general's defense counsel, sidney powell, former federal prosecutor, author, attorney for the former national security advisor, michael flynn. let's start with this claim of an ambush by the fbi going all the way up to baker and his involvement. this is extraordinary. this should be the basis one would think to dismiss this case all together against general flynn. >> it certainly is, and that's

ultimately what we are asking the court to do. we found a text message that the government has not disclosed in which agent strzok admits a pretext for going to talk to general flynn. and he admits in statements he has give to the fbi earlier that he and mccabe had a number of meetings to decide when to interview general flynn on this pretext. and there was a high-level group meeting of the fbi to make strategic decisions about how to interview him, to keep him relaxed and unaware of the regular full meaning of the interview he was about to participate in. mccabe makes the call to him to encourage him to have it uncounseled and proceed to talk to the agents as if nothing was going on at all. he had no idea he was under criminal investigation when he had the interview. when they came out of it, they

knew he didn't lie. that was their firm belief. lou: baker leaking confidential classified information all again designed to undercut general flynn. >> and that's a different baker. the retired colonel baker. lou: at the pentagon. >> james baker at the fbi was in on the premeeting to decide to interview general flynn without warnings of any kind and to keep it all casual. lou: this has gone on and on and on. the american people, i have to believe, are so frustrated with this entire process that i think there would be forgivable view that justice is lost in america. we are watching people of money and stature and standing leading our government who are being torn to pieces by a justice system that is supposed to

presume innocence, not guilt, and certainly not conspire to destroy but rather bring justice to those accused. >> the obama administration and the comey fbi completely perverted any sense of justice here with the assistance of the department of injustice we shall call it for the time being. that has got to be rectified. judge sullivan only recently has started seeing the real facts in this case. he didn't know any of this until i filed it yesterday. the first glimpse he saw of it was when i first came into the case back in the summer. this is new to him. we have a hearing on november 7 in which he will decide something on the basis of the motions we just filed. i think it could be quite stunning. he does not like it when the government does not produce all the exculpatory evidence the defense is entitled to.

we are she have documented time and time again where they have failed to do that. lou: i remember a time when we would have expected that high standard of any federal judge, not just a rare occurrence as this one appears to be. we have seen failure after failure of the american judicial system here, politicized as it is. >> we certainly have. and we have got to turn that around right now. i think if there is any integrity left for the district of columbia and the department of justice, tell them selves move to dismiss the outrageous case against general flynn before november 7. lou: let me ask you on another matter if you are comfortable taking up the expansion of the durham investigation. what you make of it and your outlook. >> i think it's crucial. we have to reestablish the

preeminence of the rule of law in this country. durham's investigation is crucial to that. the democrats say no one is above the law, but if you start investigating anybody on their side all of a sudden it's a political operation. if mueller would have done the job he was supposed to have done to begin with, this would have been investigated already. but he only looked at one side. and that would include a letter from grant trashing steele that would have stopped the last two fisa warrants. the special counsel knew that and they have hidden it. lou: thanks. up next. how president trump's recent policy decisions and the left's sham impeachment so-called inquiry or inquisition or hoax are playing with evangelical

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president trump: i rebuilt the military. we are strong. we just did a great thing in

syria where we are getting our troops out. a lot of things are happening very good. i appreciate republicans are just outraged as the american public is outraged that the do-nothing democrats are doing nothing. lou: president trump touting his success in removing our troops from syria while the left-wing media is saying the president may lose the support of evangelicals because of that withdrawal. pastor robert jeffress. it's great to see you. pat are better. let me put that up first. this quote. he's saying the president of the united states is in danger of losing the mandate of heaven if he permits this to happen. your thoughts about pat

robertson's comments, warning, whatever you want to call it. >> pat is a friend of mine. he's a great man. but i would disagree with him on this. evangelicals, some of them have different opinions with the president on syria. i happen to agree with him on the decision he made. but i can guarantee you this, president trump is not going to lose one evangelical voter over syria. evangelicals may disagree with him, but nobody should be surprised by the president's decision. he campaigned on it. he won on the platform of ending these unending sectarian wars, and i'm glad he made the decision he did. lou: pat robertson ends up aligning itself with the

industrial military complex. lindsey graham and the neocons want a war at every possible opportunity. this president is showing the leadership, the vision and the guts to get our folks out of there. i applaud him to the heavens. >> i am with you on that for sure. lou: the idea that pat robertson would go on to say quote, this could lead to a world war. history will repeat itself. the kurds, we abandoned them, they are being slaughtered to the turks. and we have given a major port of syria. it's untend ending. -- it's unending. doesn't the bible point out, i'm more sinner than saint.

i have to say, the bible says that you won't know the time, you won't know the hour, so what are we talking about here? suddenly it's about the kurds in syria? >> jesus says no man knows the time or hour. it could be next year or a thousand years. lou: i owe pastor tom from his sermon. he knows i'm listening from time to time at least. pastor, any last words on where we are in terms of the president's support on evangelicals. >> 99% of evangelicals oppose president trump being removed from office. they know this is a farce to overturn 2016 and trying to steal the 2020 election. they know this is a spiritual

battle between good and evil. and evangelicals are not going to abandon this president in this impeachment farce. they are with him 100%. lou: thanks so much. sometimes people with disabilities feel invisible...

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lou: as we wrap up, another network compared my coverage of north korea to state tv. >> lou dobbs is what he cites. the most of ridiculous figure on fox. it's got to be his favorite of course. >> nixon only had one guy in america still defending him. >> look at those fellas. aren't they cute? there is another saying those folks ought to understand. i understand that every dog has its fleas and that tells you who those folks are. that's it for us tonight. donald trump, jr. and john solomon among our guests monday. have a great weekend.

we'll see you monday. good night from new york. >> from the fox studios in new york city, this is maria bartiromo's "wall street." maria: happy weekend, everybody. welcome to program that analyzes the week that was and helps position you for the week ahead. i'm maria bartiromo. my one-on-one with sales force founder marc benioff, we're talking about technology regulation potential, what he sees as the new need for the new capitalism and the dangers he sees in social media. later on my exclusive interview with the executive chairman of the santander group, ana botin. but first, joining me right tow to the pro -- preview a