[♪] gregg: good evening, i'm gregg jarrett sitting in for the vacationing lou dobbs. washington begins the week locked in an impeachment stalemate. but the radical dimms may have exposed their play to swindle another charge against president trump. nancy pelosi refusing to send over two articles of impeachment against president trump until she knows how a trial will be run in the senate, not that it's any of her business. donald trump is accusing --

mitch mcconnell is accusing them. we can't do anything until the speaker send the papers over. so everybody enjoy the holidays. gregg: president trump in florida predicting the dimms' latest attempts will have consequences in next year's elections. nancy pelosi he says is doing everything she can to delay the zero republican vote articles of impeachment. she is trying to take over the senate and crying chuck is trying to take over the trial. no way. the left's seething hatred for the president seems to know no bounds. jerry nadler's judiciary committee is hinting, they are

open to the prospect of impeachle trump yet again for the second time. >> house democrats suggest they could pursue more impeachment articles against president trump. they argue the u.s. court of appeals should enforce their subpoena for former white house counsel don mcghan to testify. the justice department urged the court to dismiss the lawsuit because the house already voted to impeach the president. >> let's quit the charade. this is a political exercise. reporter: mitch mcconnell is dismissing the democrats' charges. >> do you think chuck schumer and elizabeth warren are

impartial? reporter: house speaker nancy pelosi refuses to concerned the articles of impeachment to the senate. the president tweeted nancy pelosi gives up the most unfair trial in the house. she lost congress once, she'll do it again. the speaker is justifying her strategy saying house democrats must wait to choose their impeachment managers until the senate decides on the trial. chuck schumer is ask demanding more information on the president's decision to withhold aid from ukraine. gregg: nadler's judiciary

committee is running to the courts saying wee need don mcghan's testimony. but nowhere in the articles of impeachment there is anything related to mcghan or the mueller investigation. what does that tell you? >> it tells me mueller will be used by the democrats in their coup cabal. the question is, will there be a penalty for this wide abuse of power. if i were the senate, rather than acquit the president -- put the president through an abusive trial. i would have a preliminary hearing where prosecutorial misconduct and abuse of power is

put before the senate so there is a report for the larger senate, and they can decide whether to or not to even let this through the gate. anyone who goes on trial in the senate, it should be adam schiff and his cohorts. the lack of evidence is conspicuous. i want to ask you about the two of lawsuits you filed today. here they are. one is against the cia to obtain the fake whistleblower's emails, fake i say because under the whistleblower law he doesn't qualify as a whistle blower and he's not entitled to anonymity. the other one is against the department of justice to obtain communications from the fbi's

employees, peter strzok and lisa page and their communications with the whistleblower. >> we don't know this individual is the whistleblower. but we know he worked in the obama white house and the trump white house in a sensitive position for the cia on ukraine. secondly he may have been involved in other illicit leaking, hence the email lawsuit for the documents from the special counsel and the fbi where there may have been skullduggery by this alleged whistleblower. by all accounts, he's a leaker. why is judicial watch having to do the heavy lifting. the senate should be doing its work as well on the deep state and their collusion with the schiff thing.

gregg: he was feeding the information to the cia undercover and working in collusion with adam schiff. i want to switch over to the i.g. report. as you know, it identified a litany of inaccurate statements, false representations, concealing of evidence, errors and omissions, and outright lies. there are 51 of them in a chart in appendix number one. this has so inflamed many members of the senate, lindsey graham among them, that he says he's going to call each and every individual who signed off on those fisa warrants which would include james comey, andrew mccabe and rod rosenstein. what's your reaction to that? >> that's the least he should be doing. if justice is working smoothly he wouldn't be able to do that because they all have to take

the fifth. there needs to be criminal investigation by the justice department and the court can institute its own contempt proceedings. but it's way past due for congress to investigate the fisa-gate scandal. a lot of what we are hear being from the i.g., the i.g. is late to the game. it was a stalled report, and now finally the senate has zero excuses, the court has zero excuses. we'll see what the justice department says. >> we know what james comey will say in his awful interview in which he got shredded by my colleague chris wallace. i am up here. i am the director of the fbi. the people putting this together, seven levels below. the attorney general william barr said it's nonsense. he scoffed at that notion.

people like comey and mccabe and probably rosenstein will say, i didn't know, i was trusting on the i shall people. that's their excuse, isn't it? >> comey took that dossier after that meeting with barack obama. the next day he took it to president-he select trump to get information and evidence. he ran downstairs to his car and started typing out his memo. went back to the fbi field office and called the crossfire hurricane team to give him his -- give them his information on his spy-op against president-elect trump. he was running the show at the orders of president obama. according to comey, obama said good luck with that. gregg: we learn from the i.g. report that comey that same

month, january 2017, found out from the sub source it was all phoney information. made up, exaggerated. instead of running to the white house and saying that dossier i'd told you bits all fake. instead of running to the fisa court and withdrawing the application to spy, comey did the opposite and accelerated his investigation and sought more warrant to spy. let's hope john durham gets to the bottom of it. gregg: senate dims * and the left-wing media struggle to explain nancy pelosi's impeachment scam. >> i think she is grasping here, the republicans hold all the cards in the senate. >> 2/5 of the country can't be

bothered. it feeling like a nothing burger. gregg: the u.s. media takes action against the popular social media app

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a data plan for everyone. everyone? everyone. let's send to everyone! wifi up there? uhh. sure, why not? how'd he get out?! a camera might figure it out. that was easy! glad i could help. at xfinity, we're here to make life simple. easy. awesome. so come ask, shop, discover at your local xfinity store today. some people say that's ridiculous. i dress how i feel. yesterday i felt bold with boundless energy. this morning i woke up calm and unbreakable. tomorrow? who knows. age is just an illusion. how you show up for the world, that's what's real. what's your idea? i put it out there with a godaddy website. make the world you want.

[♪] president trump: we have the highest stock market in the history of our country by far. 135 times we broke a stock market record. that to me is a record for 401ks, it's a record for people owning stock. it's a record of jobs jobs jobs. gregg: that's president trump touting the strong u.s. economy. markets reaching new record highs today. the dow gaining 97 points for its record close of the year. and the nasdaq finishing ahead 21 points. crude oil closing at 60. gold finishing at 1,482 an

ounce. boeing today firing its ceo after a pair of deadly crashes involving the company's 737 max jet. david calhoun being named the new ceo and president. listen to lou's reports three times a day coast to coast on the salem radio network. china announcing it will cut import tariffs on 850 imports. it will apply to pharmaceuticals and high-tech components. hillary vaughn is live if you washington with more. >> u.s. pig farmers getting a present today. china is cutting tariffs on

frozen pork days after they announced they will release pork from their pork reserves to keep pork prices steady. but they are lowering tariffs on frozen calf cow doze an -- afted orange juice. it will give us long-term certainty for our generations of farmers. >> pledging to lower tariffs on technology products. they include smart phone camera sensors, glasses used in displays to make high he end tvs and smart phones.

and a special form of metal used in manufacturing these high-tech products. china's imports down 4 1/2% and amid slower demand for goods goods. this is separate from the phase one deal the u.s. and china agreed to but still needs to be signed. gregg: the u.s. navy wants personnel to delete the popular tik tok app from their devices. the government has opened a national security review of the app's owner. joining me to talk about it all, morgan wright. thanks for being with us. is tik tok inevitably a national psych were security threat because it's chinese operated

and run? >> that's one part of it. we know the data is going through china. a 20-year-old from australia found out where some of our secret bases were by look at where our soldiers are running. any time it's on your phones it impacts our network and cyber-security. china is the biggest threat to the united states from a cyber standpoint, and apps like this don't make it easy for us to maintain a secure posture. gregg: they are allowed to use achtion * on their personal devices. not government devices. should there be a complete ban just to be sure in. >> we are at an age where people

deployed, you have to have that could be tact. you have got to have contact with families. i think what we'll see is a white list of add proved applications that say these things meet, and they will have to do a virtual private network. it's got to be encrypted and the location has to be disguised. but the ban won't work. people always find a way around the ban. just ask any marine. gregg: i want to move to the chinese lowering tariffs on 150 products. the real key was technology. does that demonstrate how dependent they are on u.s. technology? >> absolutely. it's something we failed towing leverage in trade negotiations.

huawei can't use google. they can't buy a lot of the chips they need. we are taking out a lot of their technology. we think we depend on them for a lot? if you look at it they depend on us from the technology standpoint. we have got to get the intellectual property enforcement. greg, you hit the nail on the head, we depend on them far more than we realize. gregg: the key has to be more than stopping the intellectual property. >> $600 billion a year. u.s. trade representative put out a report. that's from the commercial private sector. anything that's not nailed down gets stole bin china. they are the worst offenders of

the theft of intellectual property. now they want to be head of the world intellectual property organization at the u.n. if there is a comedy of errors, this is like putting al capone in charge of bank security. gregg: boeing fired its ceo over the 737 max debacle. is that long overdue? >> leadership starts at the top, accountability starts at the top. in a rush to get things out, they had go fever. they ignored a lot of red flags. we wanted to get it out. they had go fever. but at the end of the day you have the ceo who is ultimately responsible. that should not have been allowed to go forward with these red flags that are in place when this was rolled out. it probably should have happened

sooner. gregg: morgan wright, good to see you. the pentagon says it's ready for whatever christmas surprise north korea has in store. onkim jong-un promised a respone if u.s. doesn't thrift sanctions by the end of the year. president trump says he won't do that until kim gives up his entire nuclear cars mall. share your comments and follow lou on twitter @loudobbs, like him on facebook, follow him on instagram @loudobbs night. robert mueller found no collusion between russia and the trump campaign. but that isn't stopping the radical dimms from using it to bring down the president. we will have more on that after theeeee

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gregg: the department of justice attorneys saying the request for grand jury materials from the mueller probe are no longer relevant since the articles of impeachment do not involve the mueller probe. the house democrats said the term bears on the current articles of impeachment and could be used in the senate trial adding it may reveal other crimes committed by president trump. joining me now to talk about it.

attorney sam dewey. i read through the democratic counsel's's court filings. he refers to new articles of impeachment may arise. doesn't that make the argument that republicans have been offering? this is politically motivated. they are talking about if it doesn't work this time, we'll i am him for something else. >> i think it does. i expected that argument would be made. but i think it does, there might be new articles of impeachment, and i think it does in that the filing contains an argument, we may bring in russia matters to show that the as ukraine matters the president acted with corrupt intent. gregg: that's not directly relevant. >> no, but they certainly say they may try to do it.

it's ironic considering chairman schiff and speaker pelosi blocked all the exculpatory witnesses to show the president didn't act with corrupt intent. that was very direct. >> there is no shortage of ship cite i on the house side. pelosi is withholding the articles of impeachment. isn't that an implicit argument that she has a weak case? if it were a strong case they would have he take it to the senate side immediately, wouldn't they? she wants to dictate how the united states senators will conduct a trial, which by the way is none of her business. she has no constitutional authority. if you look at the impeachment clause, sole power to try impeachment rests in the senate. >> 100% agree with you there.

once the house has done its part under the constitution of impeaching, the house has no 0 role in setting the process by which impeachment is tried. that's the senate's job. gregg: pelosi's argument has been for the better part of three months, that we have to rush through impeachment because the president is an imminent threat to our republic and democracy. yet she is sitting on the articles of impeachment. so much for the imminent threat. >> i don't understand that either. we have been hearing it's an existential threat, impeachment must happen, the president must be removed from office this day. what changed? what's happening? too newt gingrich, former speaker, it turned out quite badly for him said something

interesting today. he said that nancy pelosi's real reason for sitting on the articles and doing no is she is hoping magically some real evidence will drop out of the sky. there may be some merit to that argument. >> i don't know. i think that could, she was thinking. if she'd holds on to them there will be some court decision in her favor and something else will come forward. if there is so much urgency that the house couldn't get more evidence, what changed? what happened. why has that urgency suddenly he vap evaporated. gregg: saying well i have to know what kind of a senate trial it will be to pick the house managers who will prosecute the case. that strikes me as utterly

ludicrous. it's like a prosecutor in a criminal trial saying i will decide whether to prosecute the case depending on the judge and jury i get and the rules the judge adopts. that's not how it works, is it? >> no, i don't think it is. you prosecute case you have in front of the court you have. i doubt it will matter. i think it will be the same people regardless. if you had enough to put the country through this, you should have you enough to appoint managers and go. try your case. gregg: there was speculation, maybe the democrats can peel off a couple of republicans. listen to the democratic senator from south carolina. take a listen. >> i have been trying to read

this and see if the dots have been connected. i think it's a serious impeachable matter. if those dots aren't connects and there are other explanations consistent with innocence, i will go that way, too. gregg: what's your reaction to that? >> i think the senator is doing his job. he's stating he's going to consider the evidence. i don't think that's surprising given the state he's from, that he's take that view. gregg: the apathy of adam schiff. what the congressman had to say about the surveillance of trump campaign tornado carter page. ♪music ♪another summer day is come and gone away♪ ♪in paris and rome but i want to go home♪

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gregg: i'm gregg jarrett sitting in for the vacationing lou dobbs. impeachment take two. the radical dimms are hinting they are open to the impeachment of president trump a second time. they want to use the testimonies of white house counsel don mcghan to do it. chuck human ear wants more subpoenas as part of the impeachment trial. china cuts tariffs. beijing announcing it will

reduce levies on pharmaceuticals and high-tech components. barack obama is pushing high money dennors to get behind elizabeth warren's campaign. high-money donors are reluctant to support warren given her attacks on the wealthy. he's vouching for warren's credentials should she win the primary. the fbi spying on american citizens is apparently okay for adamage schiff. >> carter page came before our committee and for hours of his testimony denied things that we knew were true, later had to admit them during this

testimony. it's hard to be sympathetic when you have someone who admitted to being an advisor for the kremlin. >> and working for the characteristics a. >> yes. >> which we didn't know about. gregg: sebastian gorka, author of the new book, "the war for america's soul." adam schiff is among the most despicable people i can think of. this is a guy who lied about bruce ohr, he lied about christopher steele, he lied about the dossier, he lied about the collusion he claimed to have seen but actually never had seen. his memo from 2018 was 100% wrong, and he doesn't have a

conscience to say, oops, sorry, i got it wrong. what do you make of it? >> adam schiff is the most mendacious individual on capitol hill and that's saying something. you cataloged all the lies, the propaganda and conspiracy theories. but let's talk about one thing that makes this person the most despicable politician in washington, d.c. we know in the 500-page report that came out of adam schiff's committee. this man didn't even hide it. he bragged about it. it's in the actual report that as chairman of the most powerful committee in congress, the intelligence committee. he pack inquired the personal telephone logs from a journalist, not just the president's private lawyers, rudy giuliani and jay sekulow.

but adam schiff acquired the telephone logs of the ranking gop member of his own committee, devin nunes. with what authority? adam schiff is not a police officer. he isn't a member of the intelligence agency. this ways you expect in venezuela and communist soviet union. this is happening in america. if he can do it to devin anyone's and the president's lawyer he can do it in every single person watching your show. gregg: he also exposed the call logs of reporters in an attempt to smear them by association. reporters contact people, they telephone them, they accept phone calls. that's their job to ask questions of people. but in adam schiff's twisted contorted world, he thinks that's wrong. let me read from his memo that

was wrong according to the i.g. fbi and doj officials did not abuse the foreign intelligence surveillance act process, omit material information or subvert this vital tool to spy on the trump campaign. that's 100% wrong. and schiff doesn't have the decency to admit he is wrong. >> let's be ask clear about what obama's fbi did. carter panel is an annapolis academy grad. he served in the navy with honor. he helped our intelligence services identify and neutralize foreign intelligence agents. all of that was left out of the fisa warrants. it said he had contacts with russia. leaving out the fact that he worked with our intelligence agencies to catch the bad guys and adam schiff knew that. one more detail.

for those of the viewers who don't know this. adam schiff before he was a politician was a prosecutor. that should chill you to the bone. every single man and woman who is in jail today because adam schiff put them there should have their case reexamined. because this man doesn't even know what the truth is. he promised for three years, i have the incontrovertible proof of russia collusion. where is it, adam? this man is a pariah. gregg: the most appalling part of what adam schiff said, he said i have no sympathy for carter panel because he lied when he testified in front of my committee. that's completely untrue. it's a lie by schiff. i have read through up in russ times carter page's testimony. he told the truth. and carter major, if he had lied

he would have been prosecuted for lying before congress. so isn't this just adam schiff doubling down on his own lies? >> adam schiff has been caught. this man has to excuse for what he did to private citizens in the intelligence committee. the truth is very simple. donald trump only committed one crime and one crime alone. he defeated hillary clinton. and adam schiff will do whatever he can to punish donald trump. but he chose the wrong president. it is adam schiff who is in legal jeopardy for all his illegal activities and contravention of the u.s. constitution. and that's why they ebb lost the independent. in october the independent were slightly in favor of impeachment. in december they are against it. what happened? oh, yes, the impeachment hearings.

the democrats launched a -- a boomerang and it will take their heads off. gregg: adam schiff should be banished from congress. devastating fires burning across australia tonight. they follow weeks of drought, extreme heat, strong winds. the flames threatening australia's most populated areas. hundreds of homes have been destroyed with 300 million acres of bushland. john durham may be getting help from an obama-era intelligence official. hey and learn a skill's a wathat can save their life.un swim lessons, woo! sadly, drowning takes too many young lives, but, it's preventable

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dwreg * there are reports michael rogers is cooperating in john durham's investigation into how the russia probe began. roger is reportedly cooperating voluntarily and has met with durham's office multiple times. he's the first former intelligence officer to be interviewed by durham. robert ray, prominent litigator

and former prosecutor for the whitewater investigation. what do you make of admiral rogers voluntarily providing information to john durham? >> it sounds like one, the onion is being peeled back on the intelligence community which is what i think bill barr and john durham intended. and that's what they signaled they had trouble with the findings on whether it was politically motivated. if he's voluntarily providing assistance, it suggests that there is obviously some concern there that he's prepared, i think, to disclose to a john durham's investigation. >> he would have been in a position as director of the

national security agency to know this. it's too early to say exactly what that is. but we do know the contours of what the concern would be. the concern is were there people in the intelligence community acting in a politically motivated fashion within the obama intelligence community during that time, and how and when did it make its way to the fbi when it started to get activated to start and commence a criminal investigation. that's always been the concern about the overlap between the intelligence community and law enforcement. something that's particularly disconcerting and dangerous unless handled very, very carefully. gregg: john durham is seeking to

obtain, john brennan created a task force that was used as the basis for the trump-russia investigation. he provided information to harry reid that was leaked to the media. durham is heading in the right direction by want to go talk to brennan and get his communications. >> and james clapper too, i would suspect. what's being indicated here is efforts to disclose certain information at critical times in order to pressure the fbi to take this investigation and move it into a criminal investigation. that's the concern. if that was done with an effort that was politically motivated or directed by other higher ups. that's what they will sort out as a result of this investigation once they have the communications. that's the way to get to the

bottom of what happens. >> the inspector general who has limited power, authority and jurisdiction said he thought the launching of the investigation in late 2016 was properly predicated. durham and bar made it clear they don't agree with that. what does that tell you? >> we should be pleased michael horowitz did what he was chattered to do which is revaluate the conduct of those within the department of justice and deal with the evidence before him without ability to subpoena testimony and certain documents and deal outside of the department of justice. the significance of the durham investigation is it's criminal with grand jury authority and subpoena power. and it's not limited to the department of justice employees that can survey and shift through the intelligence

community. gregg: the launch of a formal fbi investigation, you have to have specific facts in support of a crime. papadopoulos hearing a rumor doesn't satisfy that, and the dossier unverified doesn't satisfy that, does it? >> you are right. and most importantly as it progressed into what happened in january of 2017 once the new president took office. they had a lot of exculpatory information that should have caused and did cause a pause to say wait a second. what's going on and why are we continuing.

gregg: president trump taking shots at house speaker nancy pelosi for sitting on two articles of impeachment against him and refusing to send them over to the senate. president trump: crazy nancy pelosi. she has no case. so let's not submit it. that's good, right? but you know what? it's so unfair. did they look bad? they are violating the constitution, totally. gregg: that's it for tonight. if need a last-minute gift, my

book "witch hunt" is out. put it with a bow under the christmas tree. hope you have a lauren: it is 5:00 a.m. here are your top stories at this hour. the boeing ceo is out but is that the leadership change that investors need to hear for the embattled company? tracee: another big story, impeachment, could a third article of impeachment be added? lauren: and unbelievable story as we watch politics. also, merry christmas eve to you. we have a wonderful story about a church he donating big money to help those with medical conditions. it is 5:00 on christmas eve, december 24th. it is a tuesday. and "fbn: a.m." starts right now. ♪