judge jeanine: the white house offered a statement on the president's explosive allegations that seem to catch everyone including the intelligence community and the president's inner circle after guard. welcome to "justice." i'm judge jeanine pirro. kellyanne conway is standing by about those shocking allegations from the president and the allegations into those claims. after staying quite all day yesterday, white house press secretary sean spice were released a series of tweets today in response to president trump's tweets yesterday morning accusing president obama wiretapping him and his campaign in 2016. spicer said in part quote president trump is requesting

the congressional intelligence commit. >> is exercise their oversight determine whether executive branch investigative powers were abused in 2016. spicer says the white house and president won't comment ask again on this until the investigation happens. meantime, another bombshell report out tonight that f.b.i. director james comey is now front and center in all of this. leland vittert is standing by live at the white house with more. leland? reporter: this sets up a potential monday showdown between the f.b.i. director and the president. the f.b.i. director served at the pleasure of the president. over the weekend james comey reportedly went to the justice department and said he wanted to issueth a statement vehemently

denying mr. trump's accusations. he felt the president accused the f.b.i. of committing a crime which i'd did not commit. we c can tell you that law enforcementt officials tell us the most senior members of federal law enforcement were quote t caught completely off guard by the president's tweets saturday morning, adding those officials had no idea what the montana was talking about. the white house also not commenting or offering evidence in terms of support for what the president had to say saturday morning. nor have they offered any clarifications to the accusations. they have passed the baton on to congress. the house intelligence community will pick up this as part of their investigation into the russian involvement in the u.s. elections. still, though, a lot of unanswered questions including whether mr. trump's senior staff

that was caught completely off guard themselves were told by the saturday morning tweets believes what the president had to say is true. take a listen to the deputy white house press secretary this morning. >> the president of the united states is accusing the former president of wiretapping him. >> i think this is something if this happened, martha -- >> 2/3 if, if, if. >> i agree. >> why is the president saying it did happen. >>if i think he's going off information he has seen that led him to believe this was a very real potential. reporter: the president's information appears to have come from a "breitbart" article that was published the late thursday night, early friday morning. that was based off other reports using unnamed sources talking about the possibility of a

warrant being issued by fisa courts as it involved trump's campaign and russian foreign operatives. democrats seem to think what is now being called the power gait will be a win -- power-gate. >> the president is in trouble. if he falsely spread this kind of misinformation, that is so wrong, it's beneath dignity of the presidency. on the other hand. if it's true, it's even worse for the president, because that means that a federal judge independently elected has found probable cause that the president or people on his staff have had probable cause to have broken't law or to have interacted with a foreign agent. that's serious stuff.

ite for way the president makes it worse with these tweets. reporter: this is not the first timeha the president and the whe househ demanded an investigatin into something that started with the president's tweets. a little more than a month ago the president had the tweets, 3 million illegal people voting in the election. so far we haven't heard anything back on that investigation. now x wait for the sun to couple and the potential showdown between the f.b.i. director and his president. judge jeanine: leland, thank you very much. former director national intelligence, james clapper, the man who held that job at the time ofiona this wiretapping ald by president trump spoke about the accusation today on nbc's meet the press. >> if the f.b.i. had a fisa court order for surveillance, would that be information you would know or not know? >> yes. >> you would be told if there

was a fisa court order on something like this. >> absolutely. >> you can't confirm or deny whether that exists? >> i can deny it. >> there is no fisa order. >> not to my knowledge. >> on anything at trump tower. >>tr no. judge jeanine: joining me is counselor to the president, kellyanne conway. does president trump know the answer to the question on whether he was wiretapped. he may. as senatoror mark warner said, e president receivespe different intelligence than everyone else. but the real point is what sean spicer and sarah and my colleagues said today. we know there were politically motivated stories and investigations all through the campaign season, and those come from credible news sources, and

the president wants to get to the bottom of them. they want to investigate everything.f yet they are afraid of connecting here what the president asked for, which is if you are going to investigate russia, russia, russia, why not add to that investigation, these allegations. are we saying there aren't leaks? the real issue is one the house intelligence chairman raised again today be leaks, leaks, leaks. bureaucratic leaks aree hurting all of us. these are national security intelligence leaks from people held over from another administration. judge jeanine: if the president's accusation is based upon open-source reporting. wouldn't he and james clapper who would definitely know, if there were a fisa warrant, dni, f.b.i. and d.o.j. would know. he's saying there wasn't. if the president knows it, i's

in a position to declassify any warrant or wiretap order were one to exist. why doesn't he just do that and prove it. is he shifting the burden of proof to the democrats? >>it no, he's not. two things on that. the democrats and some of their allies love to shout russia, russia. manage every time they shouted russia, they got leaks instead. that's something we know is happening and know there is corroborating evidence. if we got to the bottom of that then wee all may be safer. mr. clapper did not. he did not discount the possibility that this may have come from somewhere else in the administration that's not under his purview. he said clearly to chuck todd that he's talking about the agencies under his purview. it's a big administration, a big government filled with people. judge jeanine: kellyanne, we are

both lawyers. he's saying it could be title 3. if it's title 3, it would be a local or state prosecutor and a criminal case. he's talking about foreign intelligence. so it's important if it's a federal criminal case. >> my on point is mr. clapper in issuing aly denial about a specific question chuck todd asked him later in the interview left open the possibility it could comepe from somewhere else it's the the same thing that happened yesterday when president obama's spokesman said the white house never interfered in a department of justice investigation. but he did leave open the possibility that other pieces of the administration may be the source and the leakers. judge jeanine: is it appropriate for a president to accuse another president based on open-sourced reporting and

open-ended question?cc if the head of the f.b.i. is saying and pushing back and asking d.o.j. to push back on this, are we facing a constitutional crisis before the first 100 days are over? >>re i wouldn't say that. if in comey has something he would like to say, i'm sure we are willing to hear it. i didn't see a statement from him. i don't know what mr. comey knows.s. judge jeanine: he would know. because if it were a title 3 wiretap he would know because that's his criminal division. or if it were w the counter-terrorism, he would know that, too, under fisa. if he's pushing back, we have got a real problem between the head of the f.b.i. and the president, the executive branch. > if he knows, he can issue a statement. and we know he's not shy. the other question you have asked. i want to make the point that we

have a double standard on anonymous sources. the media are so quick to rely on them for leaks with it's negative and derogatory for this president. if it's positive and exonerating they don't want to hear about it. somehow we have to have evidence presented. the president made it clear as did seanwe spicer that we would like to be included in the investigation and we'll have no further comment until that oversight ist completed. the other point i would like to make, everybody loves to run around and say, the president has this wonderful speech tuesday night. it was very unifying, people felt great. we saw the poll numbers afterwards, and look at this. now we can't talk about it anymore. why not? look at and other

polls.wa what is important to americans? what everybodypo is obsessed wih this week or what the president talked about. we'll have health reform and a new domestic policy and get a handle on the opiate abuse the president laid out. he has a lot to do and he's trying to do it. judge jeanine: here with reaction, herman cain. her man, in addition to jim comey and the f.b.i. and it seems like he's wiggled his way into the middle of things. you are someone who ran for president and are familiar with dirty tricks. what's your take on all of this? who my take is all these voices that have coming out on this issue are all speculative. judge jeanine: including the president?

>>pe that could be speculative also, but, judge, we don't know what he knows. judge jeanine: why doesn't he declassify what he knows? >> i don't know the answer to that. here is the point i'm trying to make. there are so many unknowns, and so much speculation, everybody splim needs to take a chill pill and let the investigation take place. the l white house is not objectg to the investigation. let it take place. the media has been just absorbed with the whole russia connection. why not throw this in there. at this point mr. is too much speculation from too' people. everybody needs to take a chill pill and let the investigation go forward. allow me to say this, judge. where is the story about an organization called we will replace you that has threatened

members of congress, democrats, that if they vote for anything trump, they are going to primary them. they will get a candidate to run against them. judge jeanine: but that's politics. >> that's not politics. judge jeanine: every party wants their candidate and their people to work on behalf their party. but this is the important thing. you believe president trump is capable of having sought a wiretap.th let's not tiptoe around. everybody knows the president can order and send his people in front of a judge to get a warrant. o but you think obama would have been capable of doing that to trump? >> i'm saying i don't know. yes, he's capable but i'm not going to speculate on that. that's what everybody is doing. everybody is speculating based on what they think they know and what they don't know. i'm saying this is just adding

fuel to the frenzy. let the investigation take place. then we'll know what the facts are. we don't know the exacts right now. >> thank you, herman cain. and a former trump campaign national spokesperson katrina peer signs still on deck. "street justice." and next you will meet a woman who may change your speak on this whole story. fisa applications and wiretapping she is a department of just national security lawyer and she did these fisa warrants for a living. you needd to hear her. "justice" rolls on in just a moment.

>> welcome back to justice. that's "dig deep" are in the allegations made by president trump. that president obama had trump tower wiretap during the presidential campaign. with me is the former department of justice counterterrorism and counterintelligence attorney. good evening carrie, your first time a justice, thank you for being with us. you are one of the few people that has actually done these

fisa warrants and has gotten to a fisa judge on behalf of the department of justice. this is your cup of tea. let's get down to some of the basics. number one, this, this is an area law that's very specific. it's almost clandestine and the sense that most people do not even know where the fisa court is located. they don't know who these judges are. they're appointed by the chief justice in there for seven years. i think actually that chuck schumer misspoke when he said they were elected judges. i don't know what that was about. what i want to ask you is this, what is it take to get a judge in a fisa court to sign a wiretap warrant? >> thank you for having me on.

it's next extensive process to obtain the fisa court approval. these are federal judges appointed by the chief justice. there is next in subprocess within the justice department. many levels of legal review, information that legal review, information that needs to be included in the applications presented on the court and many legal authorities that need to be met in order for the judges to approve a case. >> and what is the difference, there is some talk between a fisa court in terms of probable cause and a federal judge handling the probable probable cause. >> in a criminal case the government has to demonstrate probable cause that a crime is being or has been committed. in a fisa case the government has to establish probable cause that the target is an agent of a foreign power, or that the target is a foreign power. then there's various other findings that need to be made in a senior national security official has to certify that the purpose is to collect foreign intelligence

information and this will aid in national security. >> i'm going to ask you to assume that an application was made in june of 2016. i want to make clear to my viewers that you have no information about anything that went on with respect to the matter is presently before us and everybody else in the country. assume they make an application for a fisa warrant and as you say there are many layers. the people who do this are experts, they know what's required. that finds application is denied, it's very unusual impact my understanding is like 99% .9% are granted not because they rubberstamp them because they don't show up unless he got the goods. >> that's right. these are heavily lawyered and finished intelligence products that are presented to the court. the court has to make its findings. it's unusual for a matter to be

denied, that's because before the applications are presented to the court they are thoroughly and extensively vetted within the justice department and within whatever agency is requesting the authority, usually the fbi. >> in october they go back in the same subject matter. it is then signed and i guess more narrow in scope, more facts at this point it is granted. how long would in order like this be good for generally? >> that is very hard to say. again the particular matter is whether there really was in order in the summer or was there one issued in the fall? that's based on not establish reporting at this point. there really is a large question as to whether a matter was before the court. whether anything was approved, whether the order would have been for surveillance or whether the fisa court also approved applications for business. >> it without getting into the

weeds here, what with the president know if there were pfizer order were a wiretap order on the candidate for president? i just have a little time left. >> i think it is unlikely. generally the white house in a very sensitive matter would want to insulate itself from any political influence on requesting national security, wiretaps or surveillance orders. it is very unlikely that there would have been any white house involvement, certainly for an order like this to be approved it is a federal judge, a court that approves it. >> but the attorney general is involved. and here we have a president who is campaigning against that man running for president, in this case trump, calling him, calling him all kinds of names. it's rather unusual. but quickly will a congressional inquiry get to the bottom of it

or with the president have to declassify this information himself? >> i think there's two investigation that need to be move forward and insulated from politics. the justice department and fbi need to continue whatever investigations they have ongoing. certainly there needs to be a bipartisan congressional query. >> and they get to the bottom of it, yes or no? >> the intelligence yes. >> i don't mean to cut you off. can the president declassify. >> he can. >> it is great to have you on,

a. kelly: live from "america's news headquarters."

the former direct of national intelligence says no wiretapping of donald trump or his campaign was carried out on his watch. james tells nbc he would have known about any such actions under the foreign intelligence surveillance act. and they are denying president trump's tweet that phones at trump tower were tapped last october. president trump has yet to offer evidence to his claim but the white house is calling for a thorough investigation. president trump is expected to sign scene executive order monday barring people from certain muslim majority nations. revised version reportedly removes iraq from the ban. i'm kelly wright. now back to "justice."

>> welcome back to justice. time for for the panel. i'm joined live by the assistant to the president george w. bush. and for democracy democracy for america. thanks for being here. look, this makes me crazy. ben rhodes who tweets these restrictions, no president, they were put in place to protect us first citizens from people like you. and yet, yet, ben rose was part of this administration where the obama administration use the irs to go after conservatives and that they went after the justice department, when after reporters, and then now we have james call me saying you better say something because we never did this to the president. last week james comay says the fbi would love to help the administration but they cannot get in the position of getting

and making statements on every story. everybody is talking out of both sides of their mouth. it's no wonder no wonder the american people are fed up. the question is this, brad, should the presidents have tweeted this? did he did he step on his own great story regarding his joint session speech? or was he trying to cover up on the jeff sessions issue? >> i think the president believes there is mischief afoot within the obama administration of this is an orchestrated term to discredit this president and to show that he didn't win fairly and squarely. time will tell, the good news is congress is going to take this up in a bipartisan fashion in the house and senate. we'll get to the bottom of it. >> but neil, what happens. >> if you get to do a bang up

job i'm sure. >> so neil, what should should happen? >> we should have a special investigator looking into all of the connections. >> is that a new category? special investigator what is that? >> let's have someone actually doing a full-scale a full-scale independent investigation with no ties to either party. let's actually have the truth come out about what connection donald trump has in his campaign has to russia. if he wants to go on this wild goose chase of whether or not. >> wait a minute. stop. the president ordered, on december 9 that the intelligence community give him all information as to any americans involvement with russia. there was to be a report to congress on january sixth. there is is a report to congress, nothing about any american, and paul ryan said that. congress got the report. >> and what we have seen repeatedly since then is donald trump's administration and

people within it have lied about their contacts within the russian government. >> so you're saying that president obama and all of the intelligence community could not figure it out, but the press can? brad, what is your answer? >> all of the government entities that are involved in this thing which came up with this report in early january and now there's a suggestion been made that there should be a special investigator, i think what he means is a special prosecutor. let me tell my friend that the constitution says that congress shall have the power of oversight. there is every delegation of duties. >> we have not seen them actually perform real oversight. >> on congress? >> where's the oversight happening?

>> who decides that? it if you don't like it we should throw congress oversight out? what are you talking about? >> many times were special prosecutors have taken over investigation. >> what is the crime? >> colluding with the russian government. >> prove it. >> donald trump is making assertions that he doesn't have evidence to back it up. >> what is is the crime? is that a crime? >> is it a crime to make allegations without evidence? no. >> it's not a crime. it's really not presidential. >> it is presidential if the president has cause to believe that conduct occurs in congress needs to look into. >> he could declassify that fisa report today if it happened but it didn't. numerous people would actually know have said that an investigation. >> but the purpose is to find out what orders and by whom and what purpose.

that's what the house intelligence -- >> you don't believe the new york times? >> i don't believe donald trump. but they said they did it, they went in june he got kicked out and then went back with a new order. they. they were hell-bent on getting a warrant. >> what donald trump is alleging that barack obama wiretapped his offices. [inaudible] sir, i'm quoting his tweets. he saying that he wiretapped his phone. there is zero evidence. >> we would not know it because pfizer cortisol classified in secret. let's change the subject and talk about jeff sessions. should should he have recused himself? >> yes. the reason be and sometimes the allegation is more damaging than the actual crime that is alleged. certainly he did not purge

himself. i listen to the question and answer, he is now submitting supplemental affidavit to the committee. >> should he recuse himself neil? >> of course. he should've resigned. >> should've loretta lynch recused him self when she met with a woman who is under criminal investigation and never told the dam soul? >> i don't know what one has to do with the other. >> jeff sessions lied under oath or. >> he did not lie under oath. >> he lied under oath. then when he resubmitted the testimony he said the same thing. listen -- >> so was that alive when she said she didn't sit. >> she wasn't under oath. >> so you can my to the american public. >> there's a difference. >> next,

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>> welcome back to justice. i am joined by by former trump campaign spokesperson, you worked with president on his campaign, did you ever wake up that he had tweeted something really what should i say, what adjective should i use? maybe shocking that you had to respond to in a matter of hours. does this surprise surprise you that this is still happening? >> no, not at all. in fact you can check the tape this something i was saying from the beginning. he will continue to be donald trump and continue to communicate with the public.

>> it let's talk about this whole thing and barack obama. there are those people who say like been roads that barack obama would never do anything like this. yet, what we saw where we had a president who did nothing but campaign for the president's opponent, hillary clinton and call donald on virtually every name of the book. colton basically a liar, dark and pessimistic. would this surprise you? >> this would not surprise me. look where we. look where we are with politics and particularly with media involvement. this is an administration that has the agencies to target political opponents of that would be up the alley. >> with respect to the way the president is handling this, do you think this is a good good time to do? should have waited? just want to be an executive

order tomorrow on the travel ban, he had a great great week with everybody saying how great his grip joint session speech was. why did he do that? >> i think what you learn after working with the president for so long as that he does not do things on a whim as most people would expect. he is very smart and is usually three steps ahead of everyone else which is why you see, over time things work out in his favor. >> when this thing comes to fruition and they're talking about a congressional investigation and they will not be saying anything until that investigation is over, i'm wondering if there will be a change in the relationship between the head of the fbi, james comay who has since come out this evening according to reports, and he said he wants the department of justice to push back. what you think of james comay inserting himself in the middle of this? last week with ryan's previous

when mccabe said the product the article was wrong and they said would you push back on it they said we do not to stories. yet now the same fbi say we want to push back on this one. >> if this is true, it's a sad day in america when the fbi director is telling agencies not to listen to the president of the united states and his request. but i also think that fbi call me should be more concerned about bringing new information to the public considering there were several field offices that wanted the clip field office investigate which hasn't been for over a year. the probably more interested in finding out what the fbi's doing about that in the fact that the department of justice may have intervened with that investigation as we know with the famous meeting of

loretta lynch and bill clinton on a plane and private. i don't think they care that a u.s. senator ran into an ambassador at an event one day. >> when you talk about the clinton foundation, the contributions to the foundation are almost nil at this point. i think proving the point that so many have made in the past that it was all about access. it was all about pay for play and it had nothing to do with charities. and the shame of a tall is is it set the tone for the trump foundation for children with cancer in st. jude's. finally, in terms of this week and the president, i understand he is upset that jeff sessions recused himself. you think you should have done that? >> i do not think the senator should have recused himself. he did himself. he did nothing wrong. he asked the question that was asked of him. the senators a

good man and i know him well. i can see him not wanting to be a distraction. because he was considered part of the campaign he wanted to recuse himself. >> there is no question he was a good man and

>> a moving moment that the president's joint session address. when i was actually criticized by members of the liberal hollywood elite including michael moore and bill marr had the nerve to say that this woman was used by the president. use, i got so angry i hit the streets for street justice. >> michael moore, belmar that woman is being used, what you think of that? >> i think it is uncalled for. i think it was a great thing because the families and those in uniform served as much as those on the front line. >> issue woman being used when both the house was applauding her for two minutes.

>> absolutely not. do you think bill and michael are right to say she is a poor pathetic woman? >> no. >> i don't think she was used. i think you should be proud of her husband and i hope the democrats and the rest of the democratic party. >> michael and bill were saying that she was used in the president was put in another notch on a spell. what you you think of people who say things like that? >> that's one way to look at it. >> i agree completely. i think he was banking on her suffering. >> what you think of people like michael moore saying that she was being used in the poor woman, do think that was right? >> no he's a navy seal it and i think people should support the military. >> why do you think they're being so critical for at least

being applauded. >> i think he is looking to make another movie. >> what you think of people saying poor woman, another notch on his belt what is that about. >> she's a widow and i think we should have compassion for husband who lost is life. >> people are just extremely critical of everything these days. >> to think for the next four years it will change? >> i imagine it will get worse. >> there's no hope? >> may be in five years? >> they should i do that at all. when you risk your life and

you're taking care of everybody out there. >> to we have hope for the next four years? is it going to get worse? >> we have to write it to the wheels fall off because it is what it is. >> is this a two wheeler or four wheeler? what are we writing? >> i don't think they thought they were going to lose to a tv personality. that's my thing. >> probably never. >> to think things will change in the next four years? >> i. >> i hope so. >> me too. that's it. why are they saying things like that? >> may make him look bad. i know a lot of people hate trump. >> why would michael moore and bell and those say they shouldn't of brought her out. don't presidents do that? >> that's a shame though. shame though. if the president does that that's not a good thing. >> but shouldn't we think her.

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we were number number one again last weekend. thanks so much. fox news sunday is next week. we will see you next week. >> arthel: it's a little airplane he's flying, like his dad. that doesn't that doesn't for us. thank you for joining us. up next, the fox report. >> the head of the fbi wants the justice department to publicly deny claims that they were wiretapping trump tower. >> the new york times is now reporting fbi director james comay known for the back-and-forth of hillary clinton's e-mails is now asking the top law-enforcement in america to say that president trump is wrong. this following the president talking about the man who used to have his job. at this hour presidt