lou: sidney powell. that's it for us tonight. congressman jim jordan and jason chaffetz among our guests tomorrow. please join us for that. thanks for joining us tonight. good night from sussex. ♪. elizabeth: we begin tonight with a "fox business alert." massive fallout in washington tonight and a victory for michael flynn and his legal team led by sydney powell after a federal appeals court ordered a lower court to let the justice department finally drop its case against the former trump national security advisor, leading president trump to declare that flynn was quote, persecuted and accused the obama administration of flat-out spying on the trump campaign. hillary vaughn has the details from washington. hillary? reporter: u.s. appeals court ordering the judge overseeing the michael flynn case against trump's former national security

advisor needs to drop it this escalated in the appeals court in the first place because u.s. district judge emmett sullivan refused to drop the case even when the doj called off the prosecution against flynn. the court of appeals said sullivan overstepped his role. flynn's attorney speaking exclusively with lou dobbs, this former note by fbi agent peter struck shows former vice president biden and president obama showed that the leaked memos show fbi investigators told whether or not they go get flynn to lie to investigators about his communication with former russian ambassador. the president saying this today, is james comey and his ban of dirty cops going to apologize to michael flynn and many others what they have done to ruin is life. what about robert mueller and his angry democrat cronies, are

they going to say, so sorry? what about obama and biden. flynn broke out years long silence and spoke out about the ruling first time on the radio with rush limbaugh. >> what their decision today is really, it is a good thing for general flynn, it is good thing for me, it is a good thing for my family but it is really a great boost of confidence for the american people and our justice system. reporter: today the president entertained his first foreign leader at the white house since the coronavirus pandemic started. the president of poland meeting with trump today. poland is part of the eu who is reportedly considering banning u.s. travelers from entering the region starting july 1st. "the new york times" reports that the eu is working with two draft scenarios of countries that will be allowed back into the eu starting in july. the two lists in play, both give china the green light but leave off travelers from the u.s. for being too high-risk, with number of positive covid-19 cases at

2.3 million. secretary of state mike pompeo says they're in discussions with the european union. >> we've been working with them for quite some time on this i am confident that we will find a set of conditions that create sufficient health and safety protections, sufficient travel opportunities that will get the private sector, that is important in this too. we have to make sure that we have all of the elements in place to reopen travel between the eu and the united states. we're working on the finding the right way to do that. reporter: liz, travel to the eu has been cut off with some exceptions since mid-march but they are beginning to open up the border starting in july but secretary pompeo says today he is hopeful they will get a resolution in a few weeks which indicates that they will not come to a deal before the border opens in july. liz? elizabeth: hill h hillary vaughn thank you so much for your reporting. staying on the big story today, big big very for the michael

flynn case and hits team, congressional investigators are zeroing in on newly discovered notes of flynn case being thrown out. the notes were written by former fbi official peter strzok. peter strzok was fired for biased anti-trump messages. the notes appear more that president obama and vice president biden. >> it was october 24th meeting between barack obama, joe biden, sally yates and james comb min. at that time the fbi agents wanted to drop the probe into flynn because they could not quote, any derogatory information to nail flynn as conspiring with russia. peter strzok's notes show three key things. the notes indicate james comey said at that meeting the phone calls between michael flynn and the russian ambassador, quote, appear legit. joe biden appears to raise the idea of going after michael flynn based based on the lowing

ban act. barack obama orders, the right people still investigate michael flynn. for reaction house judiciary ranking member, jim jordan of ohio backs with us. great to have you back on congressman. your reaction to all of that? >> this is the day that is happened. elizabeth: what is your reaction? >> this, you said it best, liz, january 24th, 2017 the agents doing the case on michael flynn wanted to drop it there was nothing there. this is the date they decided, no, no, we will go after him. remember what we learned about joe biden last few weeks. we learned joe biden who was one ever 38 people in final month ever obama administration who unmasked michael flynn's name. biden adopted crazy idea of the using logan act to pursue michael flynn the dade they decided to continue effort to go after michael flynn. joe biden told us a few months ago he knew nothing about the case. was involved in unmasking

flynn's name, used logan act on very day they decided not to drop charges even though the agents investigating flynn wanted to let this case go. there was nothing there. that is how serious this is is. it's a great win. as michael flynn says, liz, big win for michael flynn and his family what they have been through but it's a bigger win for the american people. now this is about getting back to the rule of law an equal treatment under the law. elizabeth: yeah. but it also, also appears that barack obama and joe biden are personally directing a criminal probe into michael flynn when the fbi didn't have the goods on flynn and they didn't have the goods on the trump russia collusion theory. so now they're still going to go after michael flynn. why? because they didn't like him? why? >> well this is all part of the insurance -- i think to coverup what they did before. i think insurance policy initially was to stop president trump from winning. once he won, then the insurance policy becomes we can't let the american people find out what we actually tried to do. when president up obama says put the right people on this case that is scary.

what did we learn from ric grenell a few weeks back as well? we learned that clapper, we learned brennan, we learned rice, yates, none of them saw any evidence of any type of conspiracy, collusion, coordination between the trump campaign and russia, yet they continued investigation. they got the fisa warrant to spy on carter page. they continued to do the investigation they did. they continued to go after michael flynn. so that's the scary part and that is why we say this all the time, liz, why what bill barr is doing is so darn important and the work he tasks john durham to do, going back figuring out how this crazy ordeal, how this hoax, how it all started. >> yeah. let's stay on this. because michael flynn was the incoming national security advisor. it was within his purview to get on the phone with a foreign ambassador. that is what he did with the russian ambassador. that is what he is supposed to do. >> yep. elizabeth: then the fbi wiretaps his phone call because they feel their case against him is

falling apart and they get a transcript of the phone call. they see he may have been talking about sanctions involving russia. so then they, comey turns around and the obama white house gets on the stick, they get involved, what are we going to do with this? because they clearly know the whole thing is falling apart. so they still get the right people, obama says, quote, get the right people. >> right. elizabeth: mr. jordan, is that peter strzok who was designing, then designing a perjury trap to get flynn to lie to the fbi so they could prosecute him? that is notes with bill priestap. no miranda warning, no lawyer for flynn present? that what happened on the 4th. >> two days later on january 6th, couple my goes to trump in trump tower. he tells president-elect trump at the time about the dossier. going leak the information about the dossier. get a news story about it. on 20 days later,

january 24th we know jim comey didn't follow the process. didn't follow the rules. snuck two guys into the white house to do what you described, to get michael flynn, bill priestap, peter strzok's bosss get him fired or get him removed. that is what they focused on doing just. that looks like what we got based on today, that meeting on january 24th was all part of the plan to continue going after michael flynn even though comey said there was nothing wrong with conversations with mr. kislyak and there was no predicate for starting the investigation in the first place. elizabeth: does this spell trouble for obama? yeah, does this spell trouble for obama, biden, comey, strzok and fbi officials? because again they were dusting off nothing that had to do with trump russia conspiracy. >> yeah. elizabeth: espionage violations, nothing, no laws cited there. they were dusting off these old statutory relics, process crimes like logan act that hardly anybody has been charged with

and fara crimes, not registering with the federal government lobbying for a foreign government. these are sneaky, regulatory violations. is that enough to get a fisa warrant, to dig into people's, you know, get wiretaps to do wiretaps of phones, look through their garbage, stake them out at their houses? those are regulatory crimes, logan and fara crimes are. it is not a crime. it's a regulatory violation. go ahead. >> remember what the attorney general said in an interview just a couple weeks ago. he said john durham is looking at all this. he was asked about who? he said, there are names that he is looking at that you would all recognize. so let's hope they're looking at jump comey again. let's hope they're looking at people involved in this. peter strzok, andy mccabe. let's hope that all happens. again what they did is so fundamentally wrong. i love what emmett floyd wrote a year ago when the mueller report came out.

emmett floyd talked about. >> we would all do well to remember if they can do this to a president of the united states, i would add if they can do it to a three-star general like general flynn, imagine what they can do to you and i? more importantly imagine what they can do to 3/4 of a million people i get privilege representing in the fourth district of ohio. what general flynn said today on rush limbaugh's show is so important. he says this is win for the country this is a win for getting back to the rule of law. this is a win for holding people in high positions, jim comey, andy mccabe, top people in the intelligence community, taupe people in the fbi. this is a win holding them accountable for following the rules which comey didn't and following the law. elizabeth: congressman, at "the evening edit" we've been reporting on abuses of power in the flynn case and trump russia probe for 3 1/2 years. we started this in january 2017. i want to ask you this, how does it fit in context of other abuses of power under the obama administration? going after conservative non-profits to suppress their voice during the election by

using the irs to go after them? wiretapping journalist phone calls and going after subpoenaing phone records of associated press reporters, fox news reporter james rosen, "new york times" reporter james ricen talk to how this fits in the context of the obama administration abuses of power? >> obama biden administration, eric holder said he was obama's wing man. james rice send from "new york times." james rosen of fox news fas fast and furious. how they treated hillary clinton different from the trump campaign and president-elect trump and general flynn. that is what drives americans crazy. that is why what joan durham is doing under the leadership of our attorney general, who is doing a good job what they are doing is so darn important. elizabeth: congressman, great to have you on. come back soon. >> you bet. thank you, liz. elizabeth: next up, former

wisconsin governor scott walker on the political assassination of michael flynn by the media and obama officials. how they threw michael flynn under the bus, treated general flynn as guilty until proven innocent. critics now warn the media was played by government officials out to get michael flynn, when the biggest story that they missed was about abuses of power under the obama administration. that story next. ♪ yeah ♪ ♪ y-yeah ♪ ♪ yeah ♪ hey, hey

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♪. elizabeth: it's what critics are calling the political assassination of michael flynn by the media and obama officials who threw michael flynn under the bus. at critics warn the media was played by government officials who were out to get michael flynn. that the media was duped by government intelligence officials as they had been for decades. went right along with the government narrative, when the bigger story was abuses of power under the obama administration. the media missing that story big time. instead the media reporting any pushback there were government abuses in the michael flynn case was quote a right-wing conspiracy. poor michael flynn. to the media it was flynn was guilty until proven innocent. watch this. >> this guy was not only acting as a foreign agent, literally as a foreign agent not metaphorically. >> president trump knew then what we all know now that flynn was a double agent. >> what the white house got was blistering rebuke much made-up

claims that flynn was somehow trapped by fbi. it wasn't just the judge that did that. it was michael flynn. >> michael flynn lied to the fbi. flynn lied again and again and again to fbi agents. just lied. lies, lies and more lies. >> michael flynn was betraying his country. michael flynn was betraying his office. >> michael flynn betrayed the nation. he literally, for money sold out the nation. >> there are lies. there are conspiracy theories about michael flynn, have also blown up, poor michael flynn, he was duped. elizabeth: you see that? you see the zero reporting of the nuances that we've been reporting in the government documents and footnotes? there is way more to the michael flynn case than what those guys were saying on tv. how the nation has been repeatedly misled by the media on so many important stories

including the michael flynn case. let's welcome former wisconsin governor scott walker. great to see you. your reaction to the coverage here. >> it was '80s song, lies, lies, lies, we see that repeatedly from political operatives posing as government officials and many, many sources in the media. thankfully, liz you were one of the few out in the forefront trying to get to the bottom of it. even in the unmasking we talked about a week back, many of the media were ignoring facts in this case. finally michael flynn had his day in court. elizabeth: here's the story. government officials in the united states for decades, for decades and decades, decades, pushed propaganda into the media. the media falls for it. they fell for it this time. the reason that michael flynn admitted saying he lied about not talking about sanctions with the russian ambassador, he was being coerced and pressured because they were threatening his son. so that is what was going on too. the nuances of this case have

failed to be reported in the media. the american people are being misled. now watch senator grassley warning recently on our show what fbi officials did to michael flynn can happen to any american. watch this. >> it can happen to flynn, if they can do everything they can to get legally elected president out of office, they can do it to you, elizabeth or to joe blow or mary smith. and that is why it is important for everybody to know that when you're, your constitutional protections are violated, and they can be violated with the highest people in the fbi, then nobody's safe and so the flynn situation, his exoneration, is eventually going to be a lesson to the rest of the world that, that, finally right wins out but everybody's ruined in the

process and it shouldn't happen to any other american citizen. elizabeth: governor, the government bankrupted michael flynn under the obama administration. they bankrupted him. go ahead, your reaction. final word. >> the bottom line he wanted, won in the court of law but needs to win in the court of public opinion. we need to get that message out and what really happened to this american hero. elizabeth: all right. governor, thanks for joining us. come back soon. >> my pleasure. thank you. elizabeth: coming up let's get you updated on a story we've been covering. hundreds of national guard troops mobilized to protect monuments in washington, d.c. crowds growing since monday. protesters tried to set up their own cop-free protest zone. we have "daily caller" reporter, roughed up by some of the protesters during the worst of it. she will tell us what happened on the ground there.

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♪. elizabeth: two americans saying enough is enough. stop the riots now. about two dozen have been shot dead since the riots began. now this. rioters assaulted a state senator in madison, wisconsin,

kicking him in the head. also last night they smashed windows in the state capitol of wisconsin. destroyed two historic statues. one of abolitionist christian haig who died fighting slavery. his statue decapitated. thrown in a late. in washington, protesters still trying to set up their cop-free zone just like in seattle. they said they will attack emancipation monument of abraham lincoln in washington. they may attack homes of lawmakers. maybe senator mitch mcconnell. watch this harrowing moment msnbc's andree mitchell and congresswoman eleanor holmes norton. she is asking where are the police.

[bleep]. elizabeth: welcome to the show, great journalist, shelby reporter, you reported live from both seattle and washington, d.c. zones. wonderful to have you on. you're doing great journalism. what did you see on the ground there? >> thank you. well, for one thing the similarities between seattle that we're seeing and washington, d.c., obviously here in d.c. they're now trying to set up their own zone. the difference is, police seem to be pushing back far more than they did in seattle. seattle's autonomous zone has been allowed to continue for a few weeks now. so that is, you know, it will be interesting if they continue to try to do that with national guard that is being deployed. elizabeth: yeah the president says they're going to move hundreds of national guard to protect washington, d.c.'s monuments. shelley, are they peaceful? seattle and d.c. protests peaceful? >> definitely a mix of peaceful

protesters and non-peaceful protesters. there are always people in the group trying to do the right thing. they're trying to urge for pace. we're seeing countless times, they're saying you know, this isn't the right way to do things. this isn't how we want to get our message across. there is also always protesters who are violent and they want to destroy things. we've seen that time and time again. so it really is a mix, which, does, you know, lead to dangerous situations. elizabeth: let's get update for viewers what is going on in seattle. a third shooting, recorded near seattle's protest zone. two other shootings left a 19-year-old man now dead and another critically injured. mayor durkan of seattle said they were patriotic protests, summer of love protests. the chief of police reports a rise of rapes, burglaries and

assaults. now the mayor wants to get the protesters out. we've got sound, viewers listen to the sound on video of gunshots in the seattle zone. it is unconfirmed whether they were related to recent shootings or deaths. we don't have it. there is video though, shelby, of shootings and gunshots in the seattle zone. so it seems to appear to happen at night. that is when it turns violent. is that what you experienced? have you been personally assaulted? >> in seattle we saw, we were out there for five days and five, you know, five nights as well. we stayed inside the autonomous zone for hours on end and for sure as the night wore on it got more and more dangerous. there is definitely a lot of people who are armed inside of that area. they say, they're exercising their rights. you know, protecting us from white supremacists and from cops. but we've also seen that mob mentality happens time and time

again. then here in d.c., on monday evening i was accosted by a group of angry protesters who didn't want me filming. so yeah. elizabeth: so tell us what happened there? i mean constitution says people can quote, peaceably assemble. but again, you know the police reporting assaults, burglaries, shootings. what, tell us more about what happened to you. >> so, monday evening a group came out here in d.c. and they had shields. they walked right up to where the police officers were. so i went sort of in the middle of that to try to get some footage. one of the females in the crowd was very angry that i was filming, then there was an allegation that i was an undercover cop. i tried to sort of reason with this group and explain that i was a reporter and, just doing my job. the situation then escalated. one of the females grabbed my

phone and the mob sort of swarmed around me. luckily i was pushed into the police line and a police officers actually pulled me through to safety to the other side. elizabeth: shell by, you continue reporting on this? are you going to stay safe? >> actually i will be out there again tonight and tomorrow. tomorrow we'll be out there. they're planning on taking down that memorial as you said. so we'll be watching. elizabeth: shelby, we'll have you back on. thanks for joining us. stay safe out there. coming up, we have news coming out of russia. the russian foreign minister saying that the trump administration has been tougher on russia than the obama administration. more sanctions and pushback in the last three years than the obama administration dud in eight years. how does that square with the trump rush russia probe? we have former cia chief in

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♪. elizabeth: welcome back. we're at the bottom of the hour. russian foreign minister sergey lavrov, said at a press conference yesterday that the trump administration sanctioned more officials and entities in three years than the obama administration did in eight. how does that square with the obama administration trump russia probe and the idea that trump is going soft on russia? welcome former cia station chief dan hoffman. dan, great to have you back on. you were station chief in moscow for for a time. what do you say? >> well the trump administration has imposed hard sanctions on russia and they have fallen into three categories. first in response to russia's interference in our election including individuals named in the mueller probe. secondly when rush shaun

poisoned sergey cr. ipol use using a nerve agent we kicked out over 60 russian diplomats. annexation of crimea and ongoing war in ukraine, trump administration provided javelin anti-tank weapons to ukraine. no question that the trump administration has been tough on russia but foreign minister lavrov was not messaging us he was messaging his own people. the they have a important referendum starting tomorrow whether vladmir putin can remain president for life. he defends russia from the nato and united states. elizabeth: that is interesting. the russian foreign minister said the trump administration approach is wrong. the u.s. grown less interested in diplomacy, resolving disputes

through negotiations. instead comprised of demand is put forth unless the demand is met with total capitulation, sanctions threatened. there is it no capitulation u.s. lasts away with sanctions s that true? is that the way this russian leader, foreign official is seeing isn't is that what the u.s. is doing? is that the way to go? >> no. listen the russians deserve every bit of those sanctions for all of their horrifically-bad behavior. let's add to the list support of syrian dictator bashar al-assad and chemical weapons attacks on innocent civilians and their support for iran and their support for dictatorship, maduro dictatorship in venezuela among other things. russia is deserving of every bit of that. it certainly suits them to portray the united states as essentially the aggressor

imposing sanctions on them. but look, we're just trying to hold them accountable. they violate just about every treaty they sign. this administration called them out repeatedly for that. elizabeth: you know, the u.s. is not the only country aiming heavy sanctions at russia. also germany. also the eu russia along with china has been complaining at the united nations about the u.s. sanctions against iran. i mean there was a massive cyberattack on the german parliament. you've noted also russia's activities in crimea and ukrainian conflict. so you know, russia and china complaining at the u.n. about u.s. sanctions on iran as quote, ridiculous, irresponsible, unacceptable. your take on that? >> yeah. so the sanctions are stinging russia right now. and they're stinging iran, russia's ally as well, especially because of the economic recession, worldwide recession resulting from the covid pandemic, thanks to china.

concealing the out break and severity of the coronavirus. and so russia would like to do something about negotiating an end to some or maybe all of those sanctions. i don't think that will happen in the near term. we need russia to follow through with concrete measures which i don't think they will. iran, they deserve everything they're getting from the maximum pressure campaign from the trump administration. that's for sure. elizabeth: all right. dan hoffman, thanks for joining us again. come back soon. great to have you on. >> thank you. elizabeth: just ahead, silicon valley is pushing on defunding the police. the tech giant google, workers there, demanding google join in that movement. this as crime is on the rise in 64 u.s. cities including a number of cities in california. in particular crime rates in four major cities now at levels not seen in decades. we're bringing back on former

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when our clients do better. at fisher investments we're clearly different. ♪. elizabeth: welcome back. workers at tech giant google now reportedly demanding google stop selling its software to law enforcement agencies and that google should be, quote, joining the defund the police movement. this as 64 cities have now seen a sharp rise in crimes including homicides and murders. let's welcome former california republican gubernatorial candidate. he is john cox. john, 64 cities, what do you say? >> well, thanks for having me on, liz and it's really hurtful. this is affecting me personally because my hometown of chicago and i have three wonderful, grown daughters who live on the south side there. last weekend there were 104 shootings, 13 murders. this is being repeated in cities

all over the country, most of which unfortunately have democratic mayors who are being cowed by these demonstrators. then we have the lucky employees of google, i mean, let's face it, google is a financial and market powerhouse. the last 25 years have seen tremendous growth and employees are pampered. i'm a shareholder, full disclosure, a tiny one, but google has become a absolute powerhouse. they pack that largess to their employees. their employees may well feel sheltered and insulated enough they don't have to worry about the problems inner-city faces. rest of the world, including many cities in california are facing a crime wave. a lot relates to the demonstrations and leaders not willing to stand up to the demonstrations. what we are talking about liz, the way to improve the situation with inequality and poverty.

elizabeth: understood. you know the cities are indianapolis, milwaukee, new york, las vegas, are seeing crime at levels they haven't seen in decades. >> yes. elizabeth: nearly 92,000 prisoners released from jails and prisons. ucla says that due to fears of covid-19 spreading. we're also seeing the court systems shut down. 1/5 of people rearrested in new york city, they were released and rearrested, released from rikers island due to crimes. in new york, you're seeing a massive amount of shootings wee haven't seen. many say its back to the '70s here in new york city. >> yes. elizabeth: your final word? democrat senator joe manchin says it is crazy to defund the police. it is the craziest thing he ever heard. democrats say you can't have that with what is going on in the streets. your final word on this? >> government's first role is to protect the people. giuliani cleaned up new york with the broken windows policy

putting petty criminals behind bars. people knew they would get punished for crime. out here in california they're releasing prisoners from jail. they're closing prisons. we are having a crime wave. and it is going to get worse in california. newsom will have to take responsibility for this. and it is really going to be troubling for the people of this state. i really am fearful of the future in terms of security here. elizabeth: okay. john cox, great to have you on again. come back soon. >> great. i will. thanks, liz. elizabeth: okay. good. a growing problem for michigan's democrat governor gretchen whitmer. michigan state senator peter locedo, that governor whitmer is quote, killing nursing home patients with her policies, putting her executive orders that put covid patients back into nursing homes. he is saying now that he will prosecute her if he is elected make couple county prosecutor this fall. we'll talk to former new york

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♪. elizabeth: serious problem for michigan's democrat governor gretchen whitmer.

michigan state senator now says governor whitmer should be, quote, prosecuted for her executive order that forced covid patients back into nursing homes, killing many, many people, now a third of the state's covid fatalities. thousands dead there. the senate senator now says he will do that, he will prosecute governor whitmer if he is elected macum county prosecutor this fall. here is what else he said. quote, what our governor has done is literally cold-blooded killed the most injured parties that are out there. the ones that have compromised immune systems. cold-blooded. science and data do not support infecting healthy people who have to be protected at all costs. let's bring in, welcome back to the show, former new york city mayor and current trump attorney rudy giuliani. great to see you, mayor. mayor, when you heard the story what was your reaction when you heard it?

can he do that, can he do that, mayor? >> i don't want to get involved in prosecuting people. we have much bigger problems here. the problem we have there is an all-out assault on the american way of life. for some reason liberal media convinced us these are benign little protests. they're not. they stopped being benign protests when they gave over the precinct in minnesota, men minn to minneapolis. to the had had limbs. they killed 24 people. they put cops in the hospital. they have taken out one thousand businesses. in autonomous zone -- elizabeth: i hear that. we reported that in the prior bloc. we have to stay on the michigan state story. but wait, mayor. this is an important story. the michigan state oversight committee wants to question whitmer over her covid policy. they are investigating five

democrat governors for nursing home policy. ongoing litigation. it is my executive order. i have to the power to do this. if you were in michigan, what would you say to the michigan governor? >> well i would investigate her but i wouldn't announce i'm running for office to prosecute. you don't decide to prosecute until you investigate. it's a basic mistake to say i will prosecute before i investigate. should it be investigated? did an awful lot of people die in nurses homes that shouldn't have? absolutely. did it have in democratic states? absolutely this attack on america, hatred of america happening in democratic states? yes. are they condoning it by their silence? from nancy pelosi to biden to obama, yes. they are condoning an attack of hatred on this country. tearing down statues of u.s. grant? theodore roosevelt? you want to rip our history away from us. we got to fight back!

where are, where are -- elizabeth: people are outraged at that. okay. >> we have to fight back. >> i will go through this again. i understand. >> you do that. elizabeth: this is serious. i know you know it is serious. we want to stay on what is going on in michigan, what is going on in new york, pennsylvania and new jersey. it's a policy decision made by governors to put covid patients back in nursing homes. stay on this. he is saying there was no science to support the decision. whether he, let's set aside the idea that he wants to prosecute here. he is saying he wants to do that. i hear what you're saying. he is saying where was the science to do that? where were your experts, what experts told you to do that? was it just done by fiat to put sick patients, recovering patients back into nursing homes? to your point, to elected officials and leaders calling the shots from the get-go, making bad policy that is hurting us. so does he have a position here, asking the question, what was the science? >> he does. elizabeth: does he have a good

question there? >> he has a great question, if he dials it back a little. and also consider the fact that position of a lot of democrats including george soros, that maybe we have too many old people. maybe we keep them alive too long. i wouldn't exclude that because they all love to get money from george soros. elizabeth: that is quite a thing to say. >> no, come on. i heard it. elizabeth: that is quite a thing to say. >> no, no. i heard it. elizabeth: let's move on i hear what you're saying i want to move on. we're running out of time. i want to get your reaction on the michael flynn case. what was your reaction when you heard that the appeals court is saying to the lower district court judge emmett sullivan, you know, yes, drop the case? now we're hearing that he has stayed that decision. we're not sure what is going to happen, what he will do. what do you think about the flynn case today? >> well, what i think about the flynn case is it is the most disgraceful case in the last 30

years. completely undermined the good people of the fbi and justice department. the people who did it should be prosecuted. the case was a complete phony case. it was a setup of general flynn from the very beginning. comey is probably the architect of it if not strzok, if not biden, if not obama. and it should be investigated from the point of rule of criminal liability for them, not general flynn. general flynn didn't do anything wrong. the fbi concluded that after their interview with him. then by politics and strong-arming they turned that around. so they're the ones who should be under investigation and they're the ones we should be considering prosecuting. elizabeth: what do you think this means for the overall criminal probe into the trump russia probe? does it feel like everything is falling apart in those probes? >> oh, first of all the russia probe was a complete frameup devised by people in the obama

white house. and then fed to people in ukraine, italy, uk, orchestrated by some -- figure out counterintelligence guy in the obama white house. i have, i have records of people from the nse including biden representatives telling ukrainian officials to dig up dirt on trump, to dig up dirt on manafort, on donald, jr. the corrupt press covers it up but it is all there, all the proof is there. and our prosecutors are too frightened to prosecute. they prosecute republicans. they're afraid to prosecute democrats. elizabeth: quite a story. we're staying on it. mr. mayor, always fun to have you on. good to see you, mayor giuliani. >> you're welcome. elizabeth: okay. come back soon. i'm elizabeth macdonald. you've been watching "the evening edit" on fox business. that does it for us. we hope you have a good evening. thanks so much for watching.

join us again tomorrow night buw it's time for "lou dobbs tonight." ♪ ♪ lou: good evening, everybody. president trump and everyone in this country who believes in truth, justice and the american way have a lot to celebrate this evening. a federal appellate court today ruled in favor of former trump national security adviser general michael flynn, president trump and the rule of law. in a 2-1 decision, the d.c. court of appeals ordered judge emmet sullivan to dismiss the case against lieutenant general flynn. judge robert wilkins, an obama appointee, the lone dissenter. president trump at the white house today with this reaction. >> i'm very happy about general flynn. he was treat