tv The Evening Edit FOX Business May 13, 2020 11:00pm-12:00am EDT
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answering your calls. providing support. and standing by you every step of the way. bye bye. ♪ liz: the battle to reopen as small businesses are shutting by the millions. tens of millions of people out of work. the face of the reopen movement shelley luther owner of a dallas hair salon sent to jail for trying to stay open in defiance of orders to shut down in order to feed her families. shelley joins us now. great to have you on, shelley. what did you feel when the judge on your case said you've got to apologize, you've got to admit disrespect in the court. what did you feel when he said that in sentence you to jail? >> i kind of felt it coming in the way he was acting the entire time. it did not shock me, actually. so, i was already ready. liz: is your case over?
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is there still an ongoing lawsuit by the city of dallas against you? >> oh, yes. it's in the supreme court right now. i could still go back and serve the five days that are left. it is possible. liz: okay. you are on a tv show the view this week. a cohost asked you "i would assume you are worried about your staff and customers getting sick since there is now an uptick because of people not following the rules like yourself." it sounded like she was trying to blame people, you know, all business people that want to reopen. what was your reaction to that? >> i mean, i am not sure what i said to her, but, obviously, we care about everyone. it is much more sanitary and my salon then and a lot of other places that have been essential the whole time. we are taking the proper precautions and making sure we are staying as safe as possible, but every business is essential. if one business is open, we all should be.
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liz: you were just basically saying to the judge, look, i have to feed my family and i have workers that have families, too. what was his reaction when you said that? >> he did not care. he was more worried, i mean, he was deafly more worried about punishing me and making me the example. liz: why was he wanting to make you the example? >> i think because he gave me a temporary restraining or at her and i did not follow it. so, it kind of ruffled his feathers. liz: what do you say to people that they, you know, we cannot reopen because it will create more infections and people will die? what is your reaction when you hear that? >> a lot of essential workers that have been working the entire time who have not gotten sick. i am trying to wonder how they are all still doing well. all the people shopping and hanging out elbow to elbow in
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walmart they seem to be fine, but in our salons we are taking way more precautions in that. if you want to come in the salon, you are welcome. if you don't want to, you are welcome to stay home, too. it does not matter to me. liz: democrat maxine waters even had something to say about this. she said "protesters should be ashamed when they are out there trying to get the economy reopened." "we don't want businesses open back up the protests have been organized, they are trying to intimidate governors to open up." when you hear elected officials talking about that, they should be ashamed of themselves, she said, when you hear that, what is your reaction? >> she should be ashamed of herself. she is still getting a paycheck telling other people not to work liz: cell, you would say to her, if you're sitting down with maxine waters across the table
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and she said that to you, you would say you should be ashamed of yourself, maxine waters. is that it? >> absolutely. how can you shame people when you are not giving them work and you're not giving them any government assistance. liz: thank you for coming on. great to have you on. >> thank you so much. liz: next up we will break down the latest twist of the michael flynn case. sullivan now postponing his decision on whether to dismiss the charges against lieutenant michael flynn in order to let any potential legal challenges to the justice department own motion to drop the case. house judiciary is sounding off on this one just ahead. ♪ it gets released that he was one of the unmasked errors.
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michael flynn case, postponing the decision on whether to dismiss charges against general michael flynn in order to lead and potential legal challenges to the justice department's motion to it case against michael flynn. let's welcome republican from florida. a member of house judiciary. you know, your take on this, i mean, the judges never allowed friend of the court and before according to flynn's attorney. why now? >> when have you ever seen a prosecutor who has decided to drop the case or dismiss the charges the judge take his own opinion of the case without the prosecution moving forward and trying to make a decision as it relates to flynn. it is just absurd to think that a judgehe will have his own justice when the prosecution has said they are dropping the charges. look at all the atrocities that have occurred in this case. they set him up. this has been going on for a tlong period of time. an article that detailed some of
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these things. how they set lynn up to take the fall because they wanted to get him out of trumps white house. it is absolutely abysmal that a prosecutor would drop the charges in a judge would continue the case. liz: you know, you wonder if flynn's legal team could take the case to another judge. this judge sullivan faces a potential ethics complaint. a group called the watergate prosecutor's file these claims a deciding flynn's case when the judge and to a dozen occasions refused to allow that in the so-called friends impeach trauma. the judge has been accused of bias of this accusing michael flynn of treason. you wonder about the judge's role in this. >> of course the judge would want a bunch of deep state of a crowd that are part of the watergate scandal to give their opinion to give him some reliant to go on to continue the case. it is absolutely observed.
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flynn should absolutely get a new judge. they should appeal it to the net circuit above him and get real justice for flynn. liz: you know, liz cheney has basically said just greatly "barack obama, pro tem barackho obama, joe biden, susan rice in 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 and in the end notably about the fbi's investigation of michael flynn." what do you think they are nervous about? >> they are nervous, they wanted to take flynn out. 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 securityy' sphere. of course they will want to take them out. it should bother every american
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regardless of your political affiliation.ut have a political party in an outgoing administration. obama and biden who are actively unmasking flynn's name in this investigation and spying on the trump campaign. biden was in these meetings and when he is asked questions about it, her is refusing to answer these questions. i was happy to hear earlier that the senate judiciary committee will bring in people to testify. i have asked our judiciary committee in the house to bring in comey and others to testify before us. >> senator chuck grassley told us last night that he wanted to get the names of who asked for the unmasking of flynn's name and thoseic intelligence documents, which is basically unconstitutional eavesdropping without a warrant. i think people are surprised that joe biden's name was on the list. when you heard that story today of two the individuals were, president obama's inner circle, did you think that no longer can barack obama or joe biden denied they knew nothing about what was
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going on flynn as they have been dodging those questions. >> they absolutely were involved. we know that now to be a fact. joe biden should come to testify before the senate judiciary committee about his involvement and knowledge in that. he should be subpoenaed. liz: okay. great to have you on. thanks for coming in. >> thanks s. liz: staying on the story. remember we reported to you how the obama administration has been accused of multiple abuses of power. abusing the fisa court for example and more. obama attorney general eric holder now trying to say president trump attacking institutions when the white house says is not the institutions, its individual people. the president says they are causing the corruption in the first place. former fbi assistant director bill gavin on this story next. stay right
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liz: remember we reported to you how the obama administration has been accused of multiple abuses of power. including abusing the fifo court and now the news that obama's inner circle including joe biden tried tocl get the nsa to reveal the name of michael flynn and intelligent disclosures and conversations without a a constitutional warrant. watch obama attorney general eric holder tried to now say president trump is attacking institutions and the president is saying, no, i am going after corrupt people in these institutions. watch this. >> what we have is a president who isho bound and determined to legitimize thosese that pose the greatest threat to him. the intelligence community as well. liz: let's talk with bill gavin. bill, the white house keep saying it is not criticizing government institutions, but the corrupt people inside of them.
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your reaction. >> when i hear eric holder say something as he just said, listen, his lips are moving, he has 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 may want to google the stevens case in alaska to determine whether or not they did the same exact thing. ironically before judge sullivan himself, before the same judge they did this. it does not make any sense to me what they are saying whatsoever. i honestly believe, liz, anybody that lies to a federal investigator during the course of this investigation needs to be held accountable. but i also believe in what has been done right now with attorney general barr looking at the facts of this case withl
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general flynn saying that it did not have the materiality that is necessary for the violation. there will always be some exception. i just hope that this is not an exception that will carry over in every single case. prosecutors -- i don't think it should be. liz: okay. back to republican senator chuck grassley and ron johnson releasing a list of names showing barack obama's inner circle. individually trying to get the nsa to unmask the identity of michael flynn and the contents of his h conversations during te presidential transition, access to phone conversations, unconstitutional eavesdropping without a warrant, james clapper, james comey on the list, biden missing questions on this. denying it to george stephanopoulos knowing anything aboutt this. now it looks like he did know. here is the thing, the history
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of unmasking under the obama administration, the obama administration went full bore on unmasking. it started with james clapper saying you can start unmasking the names of congressmen and lawmakers and conversations. right when obama left office. he said 16 intelligence agencies, more access to the nsa database. now we see this. we keep hearing about what is going on with unmasking under the obama administration and that is this. it is basically obama loosens 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 and letting others, this is a government source telling me this, others do the dirty work for obama. what is your reaction to that? >> this whole thing with the unmasking, and what is even worse is that when they did the unmasking during these obama
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sec., when they did all of this unmasking, they denied it all. they try to hide it all. they were not real brazen about it at the time of reading that and what a great thing they did. they did it as corporately as they possibly could. barack obama tried to back out of it. try to stay away from it and be blamed onis someone else. this is not over yet, liz. i really believe there will be more andts more facts that come out and it will be devastating to some of the culprits. liz: you know, we found the court judges seeing private contractors working for the fbi trying to access nsa database going backk to 2015 when then candidate trump took the escalator down in trump tower and said he is coming, run for the candidacy. it is not news that president barack obama and download trump,
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president donald trump had poisoned the relation. donald trump does not like him. do youle think president obama should bee called in on this and held to account? >> i think, liz, as the facts unfold, it will reach that point where they can no longer say barack obama knew nothing. was not at fault. did not know what was going on. he knew what was going on. as the facts unfold, it will be pointing right to him and his then attorney eric holder and somebody has to answer for the horrors that was done under his administration. liz: bill gavin, thank you so much for joining us. come back soon. >> my pleasure. thank you, liz. liz: up next. still digging into the documents, drilling into the footnotes. staying on the breaking news of the obama administration and abuses of power at the nsa database of americans. bringing in john malcolm on
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let's welcome senior legal fellow john malcolm. great to have you back on, john. your reaction to this story. >> well, i am not surprised by it, but it is rather remarkable. talking about the fact of this unmasking aspect of everything that is been going on has not received the attention that it deserved. but i think it will now. admiral rogers, by the way, an unsung hero in this entire process. he saw something come up this is plain wrong. he put a stop to it even though it could have well cost him politically. absolutely the right thing to do. this is a very, very powerful tool. we recorded these conversations under the foreign intelligence surveillance act in order to find out what lauren government agencies are doing, plotting, what terrorists are plotting against us and unmasking is a rather extraordinary think that the national security agency is entrusted with doing and here it appears as if it was being used
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to unmask political opponents of the obama administration. that is a gross abuse of a very important tool that we actually still need. liz: you know, what was going on with the fbi nsa under obama, again, this is around the time that trump announced candidacy, this is before the problematic fbi warns on people like carter page, also in january 2016, the nsa inspector general of the nsa found out that nsa database being so abused as all of this was transpiring, they tried to shut down the fbi from accessing it and then dni, james clapper along with then defense secretary ash carter tries to get president obama to fire admiral rogers exactly when rogers, you know, going to tell the court, hey, the fbi is abusing our databases and the court was kept in the dark about
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all of this. you know, 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 and his enemies try to sell off that limb. of course, in the center of all of this, james clapper and cia director john brennan. their names are the red throughout fisa abuse process, the unmasking, you know, there is a reason why they are the subject of an investigation going on by john durham right now and who knows where that will end up, but they certainly have very unclean hands throughout the entire process. liz: trying to get into the nsa database as early as 2015, possibly sooner, it is so shocked the court judges, they rarely speak, john, the fbi malfeasance so shocked james boalsburg that he blocked
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certain officials from using, he condemned the fbi for misconduct, he found tens of thousands of fbi searches that the nsa in 2018, they basically tripled in six years time. now rosemary collier said 85% of a certain fbi search they were doing and there were not compliant with diversey rules of the court has. under the obama administration it started in 2013 clapper on loosening the unmasking rule, further loosening the rules leading 16 intelligence agents have access to data. president obama at the time covering his tracks letting so many do the unmasking, do the work for him. your reaction. >> so many different people doing it. it must have been some underling that dated in my name. the procedures that were utilized were shoddy and they
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may very few well have been intentional to target political enemies. two by the department of justice on abuses an other reports of james comey leaking information and missteps in the clinton e-mail server investigation. in his two reports, they found 17 glaring statements animations in the four for applications involving carter page. and then he did a subsequent report in which he depicts 29 applications at random to see whether the files on those cases supported those warrants. there were problems with all 29 of those files. i mean this is gross negligence at best intentional misconduct at worst. a lot of it appears to be geared towards a president's political enemies. liz: john malcolm, come back soon. we love having you on. great to have your perspective. great to see you.
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up next. more on what president obama and joe biden knew about the russia probe and when they knew it. we will put it to scott walker. also the news about obama's inter- circle doing the unmasking of michael flynn. that story with governor walker next. usaa was made for right now. and right now, is a time for action. so, for a second time we're giving members a credit on their auto insurance. because it's the right thing to do. we're also giving payment relief options to eligible members so they can take care of things like groceries before they worry about their insurance or credit card bills. right now is the time to take care of what matters most. like we've done together, so many times before. discover all the ways we're helping members at usaa.com/coronavirus discover all the ways we're helping members ♪
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>> well, it goes back to, i think, january 5, 2017 meeting when 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 inti the last couple of wees we have had enough information that we know of their involvement. it was suspicion before, but now it is a fact. we want to know more about that meeting. i asked on the floor the senate last night, what did they know and when did they know it. liz: 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 and 2016
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accompanying candidate governorl walker. scott walker with us. great to have you on, governor. >> thank you. >> senator grassley brought us the news that he was going to ask for a list of names of people in the obama administration who asked to have flynn's f information unmasked. unconstitutional eavesdropping without a warrant. turns out joe biden is on the list. your reaction to the story that developed today and broke. >> first off, big thanks to two of my great friends, editor chuck grassley and ron johnson my own united states senator here in wisconsin. the two of them together asked for the information. thank goodness they did. joe biden trying to pretend he was not a part of this, the facts clearly show he was provided withh this information. he was part of the group that unmasked general flynn. any claim he makes, somehow he wasn't, he, has just not telling
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the truth he was asleep at the meeting. even stephanopoulos pointed this said joe biden was at the very meeting he claimed he was not a part of. he has been a part of this since day one. it is frightening you see another example of the obama biden administration misusing their office just as much as they did with the irs years ago targeting conservative organizations. they are doing the same thing when it comes to people like flynn. liz: let's look at joe biden trying to deny knowing about the fbi's move to investigate michael flynn. the fbi is accused of trying to entrap michael flynn into lying to the fbi. joe biden denies this and then, you know, when george stephanopoulos of abc follows up -- let's watch that soundbite. >> i know nothing about those moves to investigate michael flynn. i thought you asked me if i had anything to do with him being prosecuted. i am sorry. i was aware that there, that
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they asked for an investigation, but that is all i know about. i don't think anything else. liz: governor, joe biden misleads twice. george stephanopoulos asked him did you know about the investigation into michael n flynn. he said had nothing to do up with the investigation of michael flynn. then i asked you about prosecuting michael flynn. he heard the question. he was a one involved in asking to have michael flynn information unmasked. michael flynn was part of the transition team. talking to russian ambassador about the sanction. that is what william barr said. that was okay he did not break the law. your reaction to that story. >> time and time again the facts come out on the side of not only general flynn, but the trump administration of the transition team, of everyone else involved. at the same time we see not only joe biden, but 16 different individuals were part of the obama team that were part of this unmasking. really, a lot of people may not know what this is, but this is a
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federal government collecting information while being a part of checking into foreign information. normally they are supposed to redact that. they did not. they try to unmask it so they could purposely go after flynn. not in an effort to get him, but trying to intimidate him in anyone else h who will try to hp president trump is successful. again, this is a kind of abuse we have seen over and over again. we expected in russia, a communist china, we do not expected in the united states. we sought under barack obama and joe biden in the past. good for george stephanopoulos. sadly, outside of fox and talk radio, very few outlets to put pressure. in this case, they called him dead to rights. either he got the information and was asleep at it or he is sust not telling the truth. either way i think it is damning going forward. liz: governor, the nsa, you know, the unmasking is about
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foreign actors, not supposed to be meant to be used against political opposition, you know, rivals. what troubles you the most about this story? >> well, again, we have seen it time and time again throughout our history.or for years people saying the irs targets people politically. i think a lot say they cannot no matter who was in power. there are just certain institutions. irs, fbi, national security agency. up until obama biden that was not the case. sadly we have seen over and over again people using the actual power of their offices to try to punish the political enemies both when they were 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 more aggressively misusing their office to try to punish a political opponent and trying to set them up for failure. that is not what america is
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about. we expect this in communist places like china, the old soviet union and even russia today. t should not be happening in the united states of america. we need to push back. starting with joe biden. reliz: the obama administration went after reporters at the associated press the new york times trying to wiretap their phones. that is part of the pattern, too. final word. ten seconds.rn >> this is just a pattern that we have to push back on, not just for the election in 2020, but going forward we have to make sure this never happens again for anyone in america. liz: okay. governor walker, thanks for coming on. greatest deal. i am elizabeth mcdonald. you have been watching "the evening edit" on foxbusiness. that does it for us. eggs again for watching. we hope you have a great evening. ♪
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