terrorists. it should not be used to go after political opponents. that is what they did, they weep h -- weaponized fisa to go after president trump. lou: that's it for us. join us tomorrow. treasury secretary steve mnuchin. elizabeth: "fox business alert." republican senators chuck grassley and ron johnson releasing a list from the nsa showing barack obama's inner circle individually tried to get the nsa to unmask the identity of michael flynn during the presidential transition in order to access flynn's phone conversations. now on that list includes james clapper, james comey, samantha power, joe biden, despite obama and biden dodging questions about this, with joe biden even just this week denying to abc news, knowing anything about any of this. let's welcome senate judiciary's marsha blackburn . senator, great to have you on. what do you think of the breaking news. unmasking involves revealing

identity of americans private phone conversations without a constitutional warrant. your reaction to this breaking news? >> my reaction we knew something was not right through this entire process. we knew, that this was an act that had made its way all the way to the white house, and into the oval office. now we see from the list that yes, indeed obama's inner circle including his chief of staff in the white house had been making the requests for the unmasking. elizabeth: it is hard to see any scenario that obama and biden can now say they did not know what was going on with michael flynn. to your point, yeah, this chief of staff is on the list. so says man that power. you know, aside from the household names on the list, why is it that lower level staffers were asking for access to michael flynn's conversation?

like energy department executive briefer, a u.s. political advisor to nato, lower level treasury officials, to name a few, nato officials? feels like it is out of control. this is uncones stewingnal basically eavesdropping. your reaction to that. >> yes. what we see, as you say, it is a wide list. there are 28 people that are on this list. so what we know is that it was wider than just the fbi. and liz, i tell you, it shows you somebody cooked up the plot, somebody gave an order to carry it out. you had somebody, or a group of somebodies doing the dirty work. michael flynn and the trump administration were the targets of all of this and the american taxpayer has basically been forced to foot the bill for what we now see is a taxpayer-funded conspiracy.

it is absolutely outrageous. and people ought to be incensed, yes, at judiciary committee, we are going to move forward with some subpoenas and bring some people in. elizabeth: okay so that's news. you will subpoena people and bring them in. we're finding, at "the evening edit," we don't follow what the other media does. we dig into the footnotes and documents. we do our own reporting here. we're finding that the fisa court was saying there may, indicating information that you know, fbi private contractors may have been trying to access information about possibly then candidate trump, going as far as back as 2015. we know james clapper loosened, relaxed the rules on unmasking in 2013. then before obama left office, he just said, to 16 intelligence agencies, go ahead, have at it. you can share nsa unmasked

information. basically letting more people access it, covering up, concealing his own tracks what obama was doing. listen to joe biden knowing about it on air, about what was going on with michael flynn to abc's george stephanopoulos. watch this. >> i know nothing about those moves to investigate michael flynn. i thought you asked me whether or not i had anything to do with him being prosecuted. >> okay. >> i'm sorry. i was aware that there was, that they had asked for an investigation but that is all i know about it. i don't think anything else. elizabeth: okay. so joe biden right there was misleading twice. he initially said, i didn't know about the investigation. i don't have any knowledge of it. then he claims, he had nothing to do with the prosecution. here is the other thing. we're seeing unfolding democrat narrative, joe biden, adam schiff, now saying well, all of these disclosures they are attempts to distract away, republicans are attempting to distract away from the covid-19 outbreak. your take on that?

>> what we do know is that, yes, they're going to look for a pivot point on this and one of the things to be aware of is unmasking requests can be legal. they have to comply with fisa's section 702 minimization requirements but publicly revealing the content of signals intelligence is a felony. and that is punishable by up to 10 years in prison. so, liz, what we will do is move forward with the investigations. chairman graham has already invited for general flynn to come to judiciary committee. then as i said, there will be subpoenas that will go out. it would be helpful to hear from clapper and to hear from brennan, to hear from mcdonough, to hear from some

of these individuals that were involved, page and strzok, and mccabe and figure out exactly what happened. how did this run so far afield? they created a crime. elizabeth: yeah. >> they created what they thought would be the action that would give them the ability to say, hey, look, this is a crime. and it is all has fallen apart on them. the truth is finally coming out. elizabeth: and there were media leaks about this information too, that broke the rules and potentially the law. >> correct. >> senator rand paul said this to today about the obama administration's abuse of power to go after a political opponents. watch this. >> the fact that president, vice president biden is directly involved with unmasking a political opponent, think about it. you remember we went through this thing called impeachment? they said the president trump was using the government to go after a political opponent? this is vice president biden

using the spying powers of the united states to go after a political opponent. he is caught red-handed here. vice president biden is caught red-handed eavesdropping on a political opponents phone calls that to me is alarming. elizabeth: snort, senator, your reaction to that? >> i agree on rand paul with that, that is alarming. this is something people, even if they support president, vice president biden and president obama, how can they ever say, this was justified? orth was legal. they hate donald trump so much. they tried to keep him from winning. they were looking for an insurance policy to keep him from winning. then they wanted that insurance policy to make certain that he never became president. then they wanted to mess up his transition. these are all things that now we

know. we have the email chain. elizabeth: yeah. >> and the text messages. elizabeth: yeah. >> we are seeing it all come out. this was a concerted effort by a group of people that felt like they were above the law and that they could cause them to stumble and hillary clinton would be president and nobody would ever be any the wiser for what they had done. elizabeth: yeah. it is, you know, the documents indicate, you know, abuse of power allegations. there is another development that calls into question what happened in the trump russia probe. newly-declassified testimony from closed-door interviews that house intelligence shows that crowdstrike president, sean henry, in december, 2017, testifying that crowdstrike, which did the forensics on the dnc servers, that crowdstrike had zero, no evidence that russian hackers stole emails from the democrat national committee servers.

now the dnc got crowdstrike to look at the servers but the dnc prevented the fbi from doing its own analysis. the allegations helped trigger the trump russia probe. adam schiff and eric swalwell were on the house intelligence committee. they knew crowdstrike, the founder, that ran it, quote, we don't have concrete proof, concrete evidence that russian hackers stole dnc emails. they didn't have the evidence that the data was exfiltrated from the dnc. what do you make of this story? >> i saw the transcript where chris stewart, one of the republican members, went back in on looking at that exfiltrated information and asking that question about that. liz, i think what we have to look at here is, they created this russia narrative. i mean my goodness, always wanted to be a screenwriter. his goal was to win an oscar for

some great screenplay. what we now realize they made this up. they made the whole thing up about russia collusion. and, then they tried to create a crime. they had to find an action that they could say was pinned or tagged to their crime. they made the whole thing up. hillary clinton knew there was a dossier. she knew she was paying for the dossier. the fbi knew that the dossier was a bunch of made-up stuff. couldn't even get christopher steele to verify things that were in the dossier. so, they have woven this really, really intricate path of one lie, trying to cover another lie, which covers another lie and n.o.w. now the entire thing

is falling apart on them. elizabeth: senator blackburn. come back on. we love having you on. great to have you on, senator marsha blackburn. >> good to be with you. thank you so much. bye-bye. elizabeth: you got it. coming up battle to reopen small businesses are shutting down by the millions. tens of millions are out of work. joining us next, shelley luther, owner of that dallas hair salon who a judge tried to send her to jail for trying to stay open in defiance of others to shut down. shelley luther was staying open in order to feed her family and help out her own workers. shelley luther joins us next. [cheering] my age-related macular degeneration could lead to vision loss.

so today i made a plan with my doctor, which includes preservision... because he said a multi- vitamin alone may not be enough. and it's my vision, my morning walk, my sunday drive, my grandson's beautiful face. only preservision areds2 contains the exact nutrient formula recommended by the national eye institute to help reduce the risk of moderate to advanced amd progression. it's how i see my life. because it's my vision... preservision.

i come face to face with a lot of behinds. so i know there's a big need for gas-x maximum strength. it works fast. relieving pressure, bloating, and discomfort before you know it. so no one needs to know you've got gas. gas-x me too. me too.

and if you're a small business, we're with you. standing by you every step of the way. bye bye. ♪. elizabeth: to the battle to reopen as small businesses are shutting by the millions. tens of millions of people are out of work. now the face of the reopen movement, shelley luther, owner of a dallas hair salon, sent to jail for staying open in defiance of orders to shut down in order to feed her family. shelley, great to have you on. what did you feel when the judge on your case you have got to apologize, admit disrespect to the court, what did you feel when he said that and sent you to jail. >> i felt it was coming the way he was acting the entire time. it didn't shock me actually. i was already ready. elizabeth: is your case over? is there still an ongoing

lawsuit by the city of dallas against you? >> oh, yes. it is in the supreme court right now. it is being battled, i could go back to serve the five days that are left. it is possible. elizabeth: okay. so you were on the tv show, "the view" this week, co-host sonny hosten asked you i assume you were worried about your staff and customers were getting sick, since there is up tick with people not following the rules like yourself. so it sounded like she was trying to blame people, small business, who want to reopen for causing more cases of covid. what was your reaction to that? >> i'm not sure what i said to her but obviously we care about everyone and, it is, much more sanitary in my salon than a lot of other places that have been essential the whole time but we're taking the proper precautions and making sure we're staying as safe as possible but every business is essential and so, if one business is open, we all should be. elizabeth: so you were just

basically saying to the judge, look, i got to feed my family, and i have workers who have families too. what was his reaction when you said that? >> he didn't care. he was more worried, he was definitely more worried about punishing me, making me the example. elizabeth: so why, why would he want to make you the example? >> i think because he gave me a temporary restraining order and i didn't follow it. and so he, it kind of ruffled his feathers. elizabeth: okay. so what do you say to people who think, you know, we can't reopen just yet because it will create more infections and people will die? what is your reaction to that when you hear that? >> well, there is lots of essential workers been working the entire time who have not gotten sick. i'm trying to wonder how they're all still doing well. all the people that have been shopping and hanging out elbow to elbow in walmart, they seem to be fine.

but in our salon, we're take way more precautions than that. so, if you want to come into the salon, you're welcome. if you don't want to, you're welcome to stay home too. it doesn't matter to me. elizabeth: you know, democrat maxine waters even has something to say about all of this. congresswoman maxine waters said, quote, protesters should be ashamed out there trying to get the economy reopened. she said this actual quote, quote, we don't want businesses opened back up, protests that have been organized. the protesters are trying to intimidate governors to open up. when you hear elected officials talking like that, she is saying that people participating in trying to reopen should be ashamed of themselves. when you hear that, what is your reaction? >> she should be ashamed of herself because she is still getting a paycheck, telling other people not to work. elizabeth: so you would say to her, if you were sitting down with maxine waters across the table and she said that to you,

you would say, you should be ashamed of yourself, maxine waters, is that it? >> absolutely. i mean how can you shame people when you don't let them work, you're not giving them any government assistance, what are we supposed to do? elizabeth: all right. shelley lieutenant they are. thanks for coming on. really appreciate it. great to have you on. >> thank you so much. elizabeth: next up we're going to break down the latest twist in the michael flynn case. judge emmett sullivan postpone ing decision letting in justice department's motions to drop the case. house judiciary greg stuebe is sounding off on this ahead. >> i watched biden yesterday, he could barely speak. he was on "good morning america," right? he said he didn't know anything about it. now it just gets released right after he said that. it gets released he was one ever the unmaskers, meaning he knew

everything about it. so he lied to your friend george stephanopoulos.

(vo) what does it mean to be america's most reliable network? it means helping those who serve

stay connected to their families. and now verizon wants to give them something back. our best pricing ever. $30 per line for all nurses, teachers, first responders, military, and their families. not for a few months, but for as long as they need. plus, up to $700 off the oneplus 8. because the people we rely on deserve a network they can rely on. that liberty mutual customizes your insurance, i just love hitting the open road and telling people so you only pay for what you need! [squawks] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ staying connected your way you're just a tap away from personalized support on xfinity.com. get faster internet speeds with a click.

order xfi pods to your home in a snap. or change your xfinity services with just a touch. all in one place. you're only seconds away from all of that on xfinity.com. faster than a call. easy as a tap. now that's simple, easy, awesome.

♪. elizabeth: to the latest twist in the michael flynn case. judge emmet sullivan postponing his decision whether to dismiss charges general nike michael flynn in order to let in other legal challenges to the justice department's motion to drop the case against flynn. welcome greg stuebe from florida. a member of house judiciary. your take on this. the judge has never allowed friend of the court briefs in before according to flynn's attorney, why now? >> well, when have you ever seen prosecutor who is decided to drop the case or dismiss the charges, the judge take his own opinion of the case without the prosecution moving forward and try to make a decision as it relates to flynn? it is just absurd to think that a judge will have his own justice when the prosecution has said they're dropping the charges. look at all of the atrocities that occurred in this case. they set him up. this has been going on for a long period of time. there was a "national review" article that detailed some of these things how they set flynn

up to take the fall because they wanted to get him out of trump's white house. it is absolutely abysmal that the prosecutor would drop the charges and a judge would continue the case. >> wonder if flynn's legal team can try to take the case to another judge, because this judge sullivan faces a potential ethics complaint. he at 11th hour, group called watergate prosecutors filed friend of the court brief for flynn's case, when a judge on two dozen occasions refused to allow that. friend of the court watergate prosecutors openly said impeach trump. the judge has been accused of bias in this, accusing michael flynn of treason. so you know, you wonder about the judge's role in this? >> well, of course the judge would want a bunch of deep state democrats that are part of the watergate scandal to give their opinion, to give him some reliance to go on to continue the case. it is absolutely absurd.

flynn should absolutely get a new judge. if this moves forward, they should appeal to the next circuit above him and get real justice for flynn. elizabeth: you know, liz cheney, republican liz cheney has basically said just recently, quote, that former barack obama, president barack obama, joe biden, susan rice and quote, a whole bunch of people have been acting as though they are very nervous that the public will learn, that the public will learn the truth about what happened with trump russia probe. in the end notably about the fib's investigation of michael flynn. what do you think they're nervous flynn, they wanted to te flynn out because they knew flynn would be the only one in the administration that would kill crossfire hurricane, the investigation of the trump campaign, because flynn would know what was going on because he served in the national security sphere. of course they're going to want to take him out. what has occurred here should bother every american regardless of your political affiliation. you have a political party and

an outgoing administration, obama and biden, who are actively unmasking the flynn's name in this investigation and spying on the trump campaign. you know that biden was in these meetings. when he is asked questions about it, he is rue fusing to answer these questions. i'm happy to hear earlier on show that senate judiciary committee will bring in people to testify. i asked our judiciary committee in the house to bring comey and others to testify before us. elizabeth: you know, senator chuck grassley told us last night that he wanted to the get names of who asked for the unmasking of flynn's name in those intelligence documents, which is basically unconstitutional eavesdropping without a warrant and i think people are surprised that joe biden's name was on the list. when you heard that story today who the 16 individuals, president obama's inner circle, did you think no longer that barack obama and joe biden deny

they knew nothing what was going on with flynn as they have been dodging those questions. >> we absolutely know they were involved. we know that to be a fact. joe biden should come before the senate judiciary committee about his involvement and his knowledge in that and he should be subpoenaed. elizabeth: okay. congressman steube, great to have you on. thanks for coming in. >> thanks. elizabeth: okay, staying on this story, remember we reported to you how the obama administration has been accused of multiple aus boos of power? of abusing the fisa court, for example, and more. obama's attorney general eric holder now trying to say it is president trump attacking institutions and the white house says it is not the institutions, it is individual people, the president says are causing corruption in the first place. we have former fbi assistant director bill gavin on this story next. stay right there. ♪.

today, we're adapting to staying home and finding new ways to take of ourselves. but you can still screen for colon cancer. because when caught in early stages, it's more treatable. so, don't wait. cologuard is colon cancer screening done at home. you can request it from home too. ask your prescriber if cologuard is right for you... or learn more about online prescribers at requestcologuard.com. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask about cologuard today.

♪. elizabeth: remember we reported to you how the obama administration has been accused of multiple abuses of power. including a buy -- abusing the fisa court. news that obama's inner circle including joe biden tried to get the nsa to reveal the name of michael flynn in intelligence disclosures and his conversations without a constitutional warrant. watch obama's attorney general eric holder now say president trump is attacking institutions. president saying, no, i'm going after corrupt people in the the institutions. watch this. >> what we have is a president who is bound and determined to delegitimatize those parts of the government that he thinks pose the greatest threat to him. that is the justice department, the fbi, the intelligence community as well. elizabeth: welcome former fbi assistant director bill gavin. the white house keeps saying it is not criticizing the institutions but the corrupt

people inside them. with your reaction? >> when i hear eric holder say something, as he said, when his lips are moving he probably not engaged in telling the truth. this is a mess, when barack obama and eric holder say that what attorney general barr did is totally unprecedented, they might want to google the stevens case in alaska to determine whether or not they did the exact same thing, ironically, before judge sullivan himself, before the same judge, they did this. it doesn't make any sense to me what they're saying whatsoever. i do have, i honestly believe, liz, that anybody that lies to a federal investigator during the course of an investigation needs to be held accountable, but i also believe that in, what has been done right now with attorney general barr, looking at the facts of this case with

general flynn saying it didn't, it didn't have materiality necessary for the violation. there is always going to be some exception. i just hope this is not an exception that is going to carry over into every single case. prosecutors or defense attorneys will try to carry it over, but i don't think it should be. elizabeth: okay. back to republican senators chuck grassley and ron johnson, releasing a list of names from the nsa showing barack obama's inner circle individually trying to get the nsa to unmask the identity of michael flynn and unmask his conversations during the presidential transition, accessing flynn's's phone conversations. unconstitutional, eavesdropping without a warrant. james clapper and joe biden on the list, despite biden denying this and biden denying it to abc's george stephanopoulos knowing anything about this. now it looks like he did know about it. the history of unmasking under the obama administration, the

obama administration went full bore on unmasking in 2013. james clapper said you can unmask names of conversation men and lawmakers in conversations, right when obama left office, he said to 16 intelligence agencies, you can have even increased more access to the nsa database. and now we zoo this. we keep hearing about what is going on with unmasking during the obama administration. that is this. basically obama loosened the rules to do even more unmasking, to have more officials doing the unmasking. in other words, keeping him, obama, out of what was going on, letting others, this is a government source telling me this, others do the dirty work for obama. what's your reaction to that? >> this whole thing with the unmasking, what's even worse, is that when they did the unmasking during these obama, seconds,

when they did all this unmasking they denied it all. they tried to hide it all. they weren't real braise renn bit at the time -- brazen about it, beating their chess, what a great thing they did. they did it covertly as they could, barack obama stride to back out, stay away, have it be blamed on somebody else. this is not over, yet, liz. i really believe there will be more and more facts come out and it is going to be devastating to some of the culprits. elizabeth: you know we found the fisa court judges were seeing private contractors working for the fbi trying to access nsa, the nsa database going back to 2015 when then candidate trump took the escalator down trump tower said he would run for the candidacy. it is not news that president barack obama and donald trump, president donald trump have

poisonous relations. president obama doesn't like him. so you think should president obama called in on this and held to account? >> i think, liz, as the facts unfold, it is going to reach that point where they can no longer say barack obama knew nothing. it wasn't his fault. he didn't know what was going on. he knew what was going on. i think as the facts unfold, it will be pointing right to him and his then attorney general eric holder, and somebody has got to answer for the horrors that was done under his administration. elizabeth: bill gavin, thank you so much for joining us. come back soon. >> my pleasure, thank you, liz. elizabeth: up next we are still digging into the documents, drilling into the footnotes. we're staying on the breaking news about the obama administration and it is abuses of power at the nsa's massive surveillance database on minutes. bringing in u.s. former deputy assistant attorney general joan

malcolm on these abuses dating back all the way to 2015, possibly even earlier. that story next. ♪. and other money managers don't understand why. because our way works great for us! but not for your clients. that's why we're a fiduciary, obligated to put clients first. so, what do you provide? cookie cutter portfolios? nope. we tailor portfolios to our client's needs. but you do sell investments that earn you high commissions, right? we don't have those. so, what's in it for you? our fees are structured so we do better when you do better. at fisher investments we're clearly different. i come face to face with a lot of behinds. so i know there's a big need for gas-x maximum strength. it works fast. relieving pressure, bloating, and discomfort before you know it. so no one needs to know you've got gas. gas-x "show me what you're made of."

so we showed it our people, sourcing and distributing more fresh food than anyone... we showed it our drivers helping grocers restock their shelves. we showed it how we're donating millions of meals to those in need. we showed it how we helped thousands of restaurants convert to takeout and pop up markets. and how we're encouraging all americans to take out to give back. adversity came to town. so we looked it right in the eye. and it won't be us... ...that blinks first.

they will, but with accident forgiveness allstate won't raise your rates just because of an accident. cut!

is that good? no you were talking about allstate and... i just... when i... accident forgiveness from allstate. click or call for a quote today. elizabeth: taking you back to april 2016 the director of the powerful national security agency, nsa director, admiral rogers, he found fbi abuses of the nsa massive surveillance database on americans. admiral rogers then blocked the fbi's outside contractors from searching the nsa database after finding unauthorized people were plowing through it on behalf of the fbi. they were doing that as early as 2015, when donald trump announced his candidacy, doing fbi fisa searches on regular americans. again 2015 was year of then candidate trump descended the escalator in trump tower.

welcome heritage foundation senior legal fellow john malcolm. great to have you back on, john. your reaction to this story? >> i'm not surprised by it, but it is rather remarkable. i've been talking about the fact this unmasking aspect of everything that has been going on has not received the attention that it deserved but i think it will now. admiral rogers by the way is an unsung hero in this entire process. he saw something, he said, this is just plain wrong. he put a stop to it even though it could well have cost him politically. it was absolutely the right thing to do. so this is a very, very powerful tool. we know, we record these conversations under the foreign intelligence surveillance act in order to find out what foreign governments are doing or plotting or terrorists are plotting against, against us. and unmasking is rather extraordinary thing that the national security agency is entrusted with doing and here it appears if it was being used to unmask political opponents of

the obama administration, that is a gross abuse of a very important tool. actually we still need. elizabeth: what was going on with the fbi and nsa under obama, again, this is around the time trump announced candidacy, this is before the problematic fbi fisa warrants of people like carter page. nsa inspector general of the nsa found nsa database was being so abused, all of this was transpiring, they tried to shut down the fbi from accessing it. then dni james clapper, then defense secretary ash carter tries to get president obama to fire chief admiral rogers, exactly when roger was going to tell the fisa court, hey the fbi is abusing our databases. fisa court was kept in the dark about all of this.

so they were trying to fire the whistleblower on the fbi abuses here. >> admiral rogers went out on a limb in order to do the right thing. the enemies tried to saw off the limb. center of all of this, james clapper, cia director john brennan. their names are threads throughout the fisa abuse process, unmasking. there is a reason why they are the subject of an investigation going on by john durham right now. who knows where that will end up but they certainly have very unclean hands throughout the entire process. elizabeth: they're trying to get into the nsa database as early as 2016, possibly sooner. it is so shocked that fisa court judges, they rarely speak, john. the fbi's malfeasance so shocked the fisa court judge that he blocked certain fbi officials

from using the fisa court. he condemned the fbi for material misconduct. he found tens of thousands of fbi searches that the nsa of 2017, 2018, they basically tripled in just about six years time, and then another fisa judge, rosemary collier, said 85% of a certain fbi search they were doing in there was non-compliant with privacy rules that the court has. under the obama administration it started in 2013, clapper loosening unmasking rules. obama loosening unmasking rules letting 16 intelligence agencies access to nsa data. president obama at the time was covering his tracks, letting so many officials doing unmasking and doing the work for him. your reaction? >> there were so many different people doing it, well it must be a underling doing it in my name. the procedures utilized were shoddy, they may very well have

been intentional to target political enemies. the fisa court, two reports by the department of justice inspector general on fisa abuses. there have been other reports about james comey leaking information and missteps in the clinton email server investigation but in his two reports they found 17 glaring misstatements and omissions in the four applications involving carter page. then he did a subsequent report which he picked 29 fisa applications at random to see whether the files on those cases supported those warrants and there were problems with all 29 of those files. this is gross negligence at best, intentional misconduct at worse. a lot of it appears to have been geared towards the president's political enemies. elizabeth: john malcolm, come back soon. we love having you on. great to have your perspective there. great too see you.

more on what president obama and joe biden knew about the trump russia probe and when they knew it. we'll put it to former wisconsin governor scott walker. the news about obama's inner circle doing unmasking of michael flynn. that story with governor walker next. now more than ever, you need technology you can rely on. and people you can rely on. i'm a dell technologies advisor. me too. me too. me too. and if you're a small business, we're with you. we are with you. we're with you. we want to help. so we'll be right here. at home. answering your calls. providing support. and standing by you every step of the way. bye bye.

♪. >> well it goes back to i think a january 5th, 2017 meeting while they were still president and vice president. they met and received information on the investigations of flynn and things of that nature. i think, and for the first time now, in the last couple weeks we've had enough information that we know of their involvement. it was suspicious, suspicion before but now it's a fact. we want to know more about that meeting. so i asked on the floor of the senate last night what did they know and when did they know it. elizabeth: that was senator chuck grassley talking to us here on "the evening edit" about barack obama and joe biden being more involved in the trump russia probe than previously realized. let's talk about it with former wisconsin governor, 2016 presidential republican candidate governor walker,

scott walker with us. great to have you on, governor. >> thank you. elizabeth: senator grassley brought us the news last night that he was going to ask dni ric grenell to give names of people in the obama administration asked to have flynn's information unmasked. it is unconstitutional eavesdropping without a warrant. turns out joe biden is on the list. reaction to the story today that broke? >> big thanks to two of my great friends, senator chuck grassley, alluded to the my friend across the land, ron johnson, two of them tooth asked for information. thank goodness they did. joe biden tries to pretend he wasn't a part of this. the facts show he was provided with this information. he was part of the group that unmasked general flynn. and anything flynn makes, he is not telling truth or even a

asleep at the meeting. stephanopoulous pointed out joe biden was at the very meeting he claim he was not a part of. he has been a part of this from day one. frightening you see another example of the obama administration misusing their office, much like they did with the irs years ago targeting conservative organizations. they're doing the same thing when it comes to people like flynn. elizabeth: let's look at joe biden trying to deny knowing about the fbi's move to investigate michael flynn. fib is accused of trying to entrap michael flynn of lying to the fbi. joe biden denies it. then he admits to it when george stephanopoulos of abc follows up. let's watch the sound bite, if we got it. let's listen. >> i know nothing about those moves to investigate michael flynn. i thought you asked me whether or not i had anything to do with him being prosecuted. >> okay. >> i'm sorry. i was aware there was, that they had asked for an investigation. but that is all i know about it.

i don't think anything else. elizabeth: so, governor, joe biden misleads twice. george stephanopoulos asked him, did you know about the investigation into michael flynn? he says, i had nothing to do with the investigation of michael flynn. then he said i thought you asked about prosecuting michael flynn. he heard the question. he was the one involved in asking to have michael flynn's information unmasked. again, michael flynn was part of the transition team. he was talking to the russian ambassador about sanctions. that is what attorney general william barr said that was okay, didn't break the law. your reaction to that story? >> time and time again facts come out on side of general flynn, but trump administration, of the transition team, of everyone else involved. we see not only joe biden but 16 different individuals were part of the obama team were part of the unmasking. a lot of people don't know what this is, the federal government

collecting information while being a part of checking into foreign information they have got. they normally are supposed to redact that. they didn't. they tried to unmask it so they could purposely go after flynn, i believe in an effort not just to get him, trying to intimidate him, anyone else who would try to help president trump be successful. this is the kind of abuse we've seen over and over and over again. we expect it in russia. we expect it in communist china. we don't expect it in the united states. sadly we saw that under barack obama and joe biden in the past and joe biden can plead anything they want. good for george stephanopoulos. sadly outside of fox and talk radio there is very few outlets that put pressure on him. in this case they caught him dead to rights. he was at the meeting. either he got the information and was asleep at it or he is not telling the truth. either way i think it is damning going forward. elizabeth: governor, the nsa, unmasking, is about foreign actors.

it is not supposed to be used against political opposition, you know, rivals. what troubles you the most about this story? >> again, it is part of a pattern. we see it time and time again throughout our history. i remember for years saying irs targets people politically. they said that can't be no matter who is in power, certain institutions, the irs, fbi, national security agency. up until obama-biden that wasn't the case. sadly we've seen over and over and over again people using that actual power of their offices to try to punish the political enemies, both running in the 2016 campaign and even more sadly, between the transition of the election and the time that donald trump and mike pence took office. we see them even moring a agressively misusing their office to try to punish the political opponents. trying to set them up for failure. that is not what america is about. we expect this in communist

places like china, and expect it out of the soviet union and russia today, it should not happen in the united states of america. we need to push back. people need to be accountable for this, starting with joe biden. elizabeth: the obama administration went after reporters at the associated press and "new york times" trying to wiretap their phones. so that is part of the pattern too? final word, 10 second. >> this is just a pattern that we've got to push back on are not just for the election in 2020 but going forward. have to make sure this doesn't happen again for anyone in america. elizabeth: governor walker, good to see you. >> thank you. elizabeth: same here. you've been watching "the evening edit" on fox business. that does it for us. thanks again for watching. we hope you have a good evening. ♪ watching.

"lou dobbs tonight" starts now. ♪ ♪ lou: good evening, everybody. tonight we begin with breaking news on the biggest scandal in american political history only gets worse by the day for the obama white house. senators ron johnson and chuck grassley today released a list of names recently declassified by the director of national intelligence richard grenell. this list contains the names of many of the top obama era officials who were requesting the unmasking of general michael flynn between election day 2016 and president trump's inauguration in january. on that list is president obama's