the "first 100 days" with martha maccallum starts now. >> martha: breaking tonight, susan rice the former national security adviser is the top-ranking person who called for the trump team to be unmasked in raul intelligence reports. if that's the truth she may be called to testify before congress. welcome. i'm martha maccallum. day 74 of the first 100 as we follow both sides of the russia investigation this is the side with the fastest-moving developments. this is what susan rice said when she was asked what she knew

about all this. >> i know nothing about this. i don't know to what chairman nunes was referring but he said it was potentially incidental collection on american citizens. i was not aware of any orders given to disseminate that kind of information. >> martha: so it is worth pointing out mrs. rice's credibility has been called into question in the past when she accused sergeant bergdahl or the benghazi attacks were the result of a video. >> he served the united states with honor and distinction. >> martha: was susan rice being forthright when she said she didn't know anything about trump team surveillance. on the latest reporting on what took place in the final days of the obama administration and whether they were trying to smear the incoming president

adam housley who broke news on the story over the weekend. adam. >> you touched on something here at the top about how did rice know to ask for that intelligence to be unmasked. that's something we're still looking into. it's a question we're hearing from multiple sources who also tell fox news that the national security adviser was asked to unmask the names to transition officials. the unmasked names and people associated with donald trump were sent to the people at the top including deputy national security adviser ben rhodes. they're part of incidental surveillance. when the names of americans are incidentally collected in general they're supposed to be masked means names are redacted from reports unless it's an issue of national security, an issue of crime or if the

person's security's threatened. but there are loop hopes to unmask the names but americans are supposed to be protect and in this case were not and this comes in the wake of the ellen farkas interview saying this in part. >> the people on the hill it was named at telling the hill people get as much as information, intelligence as you can before president obama leaves the administration. >> meantime, we're also told house intelligence chairman devin nunes knew about it before the infamous tweet on wiretapping and he could have seen the logs besides the secure room used in the past to see these things but it had been weeks and wasn't able to access it and went to the white house

because there he could protect his source and get the log so it was a two-fold reason and as the obama administration left office it approved rules to give the nsa broader powers on sharing communications and the ability to share those with 16 other u.s. intelligence agencies. a lot has come out since friday and we expect more to come. >> martha: we know after devin nunes went to the white house he expressed reservation in the way he approached bit out you said if he slow-rolled he probably frustrated at his ability to see what was being offered to him through those channels. >> and keep in mind, if you were to go to the agency where your source is likely if you're a congressman and head of the committee you'll be known. >>

>> martha: the person at the nsc first took it to the white house attorney and was told to stop researching it? can you shed light on that? >> eli came out with susan rice and we knew she was the leaker but they came out with it and broke it and that's from his report. the people we talked to some stuff separately. they're people also involved in the community and we're learning of names being unmasked that didn't normally happen and it set off maybe other light bulbs in people's minds as they come across it. >> martha: adam, great reporting. adam houseley. so the former chairman of the house intelligence committee and former trump campaign national security adviser ann marie hart a former white house spokesperson and fox news

contributor. why would susan rice said she didn't know anything about it if sources are saying she requested the unmasking. >> i'm not sure why she said in any given interview. i just saw the interview for the first time minutes ago. what i do know it's not unusual for the national security adviser to request additional question and what i mean is unmasking of an intelligence report and doesn't mean she leaked it and we should not equate unmasking with leaking and it's not unusual for a national security adviser to request this type of information. it happens all the time. i've been in the intelligence community and administration and i know it's a fairly common practice. >> martha: it's supposed to be for foreign service value. she would have had to prove somehow there was value in not only knowing people on one side of the intercept but unmasking so other people in the

administration can see the names of the trump team individuals or that they were the ones that were being discussed. have you brennan, clapper and ben rhodes who we remember famously bragged about the echo chamber and how easy it was to put out a message when he wanted to to the press and have it take on a life of its own. i doubt you're going to confirm whether you think ben rhodes is behind this but do you have thoughts on that? >> what i know is the intelligence community is the one who makes the decision when they are asked to unmask someone's name if there's enough information if they should do so. take the white house and susan rice and ben rhodes out of the conversation. if the intelligence community professionals decide there's value in unmasking someone they'll grant the requests and we have seen no reports there were partisan political motives

and we can't assume that unless there's evidence to back that up. >> martha: what we do know is there was a converted effort from doj and other areas to lower the bar so more people would have access to this information, correct, pete? >> it really is. the whole scenario is amazing to me now. it was only two weeks ago we had mike rodgers from the nsa telling the house intelligence committee how important and the strict guidelines they had in place to make sure americans were not unmasked. those who were caught in incidental collection. one through the scenario here. number one, it's perfectly logical to have americans collected inadvertently collect as we're collecting intelligence. the second question is though how does the stuff on the trump administration actually make it to the white house? what is the national security purpose as to why our national security adviser and others need

to see this information? what were the national security implications of this? then the unmasking, then spreading it across 17, 16 intelligence agencies to make sure the information was preserved. i think what you'll find and what is of concern here is that the unmasking reached unprecedented proportions as we started getting closer to the campaign and as we started getting closer to the inauguration of president trump. that's what you're going to find. >> marie, if you go to the extent of unmasking, would that intelligence be naturally shared with the president? would he be in the loop on that? >> it depends martha. it's a case by case situation. >> martha: let the jump in, if the unmanaging has to do with the incoming president of the united states and the various entities involved can lower the bar so everybody can see it

don't you imagine the president would be in that circle or no? >> i can tell you the president was kept up to speed on the investigation that happened over the fall about russian interference in the election. we have to remember it's not really a conversation about unmasking. it's a conversation in the broader sense about russian interference and whether americans got picked up on collection about russia. so yes, the president obviously would be kept up to speed on that larger investigation. >> martha: though we've been told what devin nunes saw has nothing to do with russia. final thought, pete, and then we have to go. >> what you'll find is this is what people on the left and right were most worried about from 2001 and 2009. big data, big government creating an opportunity for massive abuse. and it appears that may be what we're starting the road we're starting to go down and that has huge implications for our intelligence community moving

down the road. >> all right. thank you, both for being here. we'll see you later. also breaks this evening, fbi director comey finds he's under the microscope. we have new questions about the potential involve many with the british official who put together the all right on donald trump. we'll be back with more. you know who likes to be in control? this guy. check it out! self-appendectomy! oh, that's really attached. that's why i rent from national. where i get the control to choose any car in the aisle i want, not some car they choose for me.

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intelligence on donald trump, the the the then-candidate trump. jonathan is live with us. >> truth maybe stranger than fiction. the name may not be familiar but one taking on more importance to the trump-russia ties and in the case of mr. mccabe now the background first. mccabe is the fbi's deb out -- deputy director and the charges are laid out to director james comey. it points out mccabe is already under investigation from the fbi inspector general in his role in the hillary clinton e-mail investigation and his wife was running for the virginia state senate in 2015 received $750,000

in donations by a friend of hillary clinton and rights while he recused himself from public corruption cases in virginia he failed to recuse himself from the clinton e-mail investigation despite the appearance of a conflict created by his wife's campaign accepting $700,000 from a close clinton associate during the investigation. grassley's letter then turns to the trump-russia investigation and in particular a discussion within the fbi about whether the pay former british spy that drew up a dossier that had information on mr. trump that could embarrass him. mr. grassley rights there's more conflict of interest questions if he was involved in approving or establish the reported

arrangement with mr.steele and they should know if they counted on funded to justify an investigation of the republican presidential campaign. martha, the letter then lays out a dozen questions specifically regarding andrew mccabe's role of president trump, his associates and russian officials. the letter sent to director comey last tuesday and senator grassley's office tells us they've not yet received a reply from director comey. >> martha: thank you very much. joining us is ari fleischer and you must be in a busy place. there's a lot going on.

zach, let me start with you. what did you make of the inquiry on the questions? >> it's an attempt once again for the republicans to muddy the waters. they want to talk about everything but the substance and the potential collusion between russians and the trump associates. >> martha: it seems at this moment and there's a lot more to be told in this story there's two sides to this story, the one we're talking now and the one you bring up which is whether or not there was collusion. we know there was russian intervention and certainly attempts to intervene in what people thought about the process what was going on through the e-mai e-mails leaked but ari, would it be unusual in the deputy direct are was reaching out in some way to this former intelligence official from britain that put together this dossier and there

may have been offers to pay him for information against donald trump? >> it struck me as odd having read that so-called dossier and buzz feed are the only ones with the temmerity to public it and to pay for anything like that that's what bother med the most with the judgment or fbi they should be pay taxpayers' dollars. i think on the broad point people should not leap to conclusions on donald trump and collusion with russia. nobody has those facts. let it be investigate and nobody knowing knows anything about mccabe. what i have always tried to do in washington is step back instead of leaping forward when it comes to these types of allegations. let people do their work, get the answers and wait. >> martha: when you look back because you have to go down

every avenue and figure it out on all sides. when you look back at andrew mccabe the deputy fbi director the person in question in this particular part of it, with the clinton investigation of e-mails his wife received $700,000 for her campaign from terry mcauliffe. that was over in regards to the e-mails with clinton before it began but still as a politician said about this, zach, you never really forget when someone gives you half a million. it's a nice piece of change. should he have recused himself and does that throw his credibility into question? >> is the insinuation the phish was not hard enough on hill clin chin or they're in the tank for the democrats? because as a member of the clinton campaign i can assure you that's not the case. the letter director comey sent before the election may have tanked the entire campaign in

and of itself. i don't totally understand the insinuations regarding mccabe. but look, we'll make you a deal, republicans are not crazy about the number two from the fbi, mccabe. democrats are not a big fans of the number two at the department of justice, rod rosenstein. let's get both out of the picture and have a special prosecutor. that will take care of both sides. >> martha: ari? >> goodness, gracious the last thing we need is special prosecut prosecutors. i mean that. i have faith the committees and fbi can do their job and the last thing you want in washington, d.c. with the noise and finger pointing is make it worse by appointing a special prosecutor which just leads to back and forth charge and deeper allegations of scandal when

maybe there's none at all. let people do their jobs. >> martha: we'll see when senator grassley gets a response to his letter he has lots of questions about andrew mccabe. coming up, the president has a huge week ahead. today he met with the egyptian president and vowed to work with him against isis. an idea he's talked a lot about on the campaign trail when most americans are winding down this friday he goes to mar-a-lago with a meeting with the chinese president. and senate democrats pick a magic number to filibuster neil gorsuch but is the hill they want to die on. senate committee chair chuck grassley and chris stirewalt up ahead. dna to fight disease.

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even worse. now i'm uncomfortable. but here's the good news, jeanette got quickbooks. send that invoice, jeanette. looks like they viewed it. and, ta-da! paid twice as fast. oh, she's an efficient officiant. way to grow, jeanette. new. get paid twice as fast for free. visit quickbooks-dot-com. >> martha: breaking tonight, judge neil gorsuch is now one step closer to becoming the next supreme court justice. they voted to move the nomination to the senate floor and that's where the fight really lies. at least 41 democrats are now prepping to take the unprecedented action of filibustering a nominee for the associate justice position on the united states supreme court.

earlier today a number of democrats on the judiciary committee did not budge from their position. watch this. >> i cannot support this nomination. >> i will not, i cannot support this nomination. >> i have decided i will not support judge gorsuch's nomination. >> i hope at the end of the day we can resurrect what this institution was all about and should still be all about. this nomination does not give us that chance unfortunately. >> martha: senator chuck grassley who chairs the senate judiciary committee. good to have you with us. your reaction as you listen to your committee in >> i listened to every excuse and it falls into two or three or four different reasons. this guy is so qualified and so independent that they can't lay a glove on him in regard to his

qualifications and a good reason he cannot be on the supreme court despite several democrat legal people outside the congress are backing him and one example would be the solicitor general under obama, who said this guy should be on the supreme court. >> >> martha: you sound angry? >> i should sound angry. i think you get intense when you find a guy so qualified they can't find an excuse against his qualification they dig up other things. >> martha: i heard senator durbin expressing his concern for what this means for the future of the senate. i would imagine you share those concerns? >> i do but for 211 years there weren't fill -- filibusters of

judge and then senator schumer gave the speech that poisoned the well and judges have become very political since then. i hope we get over that and this is an opportunity to do that with a qualified person. if this person wasn't qualified they could talk politics but it won't work for this one. >> martha: and there are a lot of politics at play. here's chuck schumer over the weekend. >> why would senator mcconnell work with you when you changed the rules first and you decided to do this and a change you yourself this this week and two months ago was a regret and was a mistake. >> i don't regret not changing it for the supreme court. that's been the tradition of the senate. this is nothing new. >> martha: is this a nuclear

option or hope it may not go that far? >> you have the assumption you have 60 votes is wrong. there hasn't been a partisan filibuster against the supreme court justice ever. this is the first one. >> martha: indeed it is. what's the impact on the trump agenda? if you can't get neil gorsuch concerned with people getting together and agreeing on his qualifications do you think there's any hope for getting together on anything else on the agenda? >> let me assure you that judge gorsuch is going to be on the supreme court by midnight friday night. one way or another he'll get the necessary votes to get there. and changing the rules -- remember in 2013 reid change the

rules for every cabinet member and judge but not supreme court. this precedent was set four years ago. >> martha: indeed. i want to ask about a letter you wrote to the fbi director james commey about the deputy director of the fbi and his potential involvement in approaching christopher steele a former british intelligence agency to do work for them perhaps on now president trump. tell us what your concern is about andrew mccabe. >> well, is there a conflict of interest because we raised the same question a few months ago in regard to the clinton e-mails because mccabe's wife was close to governor mcauliffe and there's no doubt with the connection with the clinton administration. raising that conflict of interest right there i want to

know whether or not involved with the dossier and steele and all that stuff and we don't know for sure but we need to know if he's involved in the investigation and the possible conflict of interest. >> you go after him specifically in your letter and outline a dozen questions and what he knows about the situation. do you have specific reason to believe he was involved? >> we want to know if he's involved because there is the obvious conflict in regard to the clinton e-mails. the inspector general's investigating that. >> martha: thank you. >> anytime. >> martha: here with more, fox news politics editor, chris stirewalt boil down what this means for the trump agenda. good evening, to you. it looks like they're going

forward with the filibuster yes or no? >> some democrat would have to change their minds. we got down to the other final four and chris said he'd block. i don't know how democrats are this strategically stupid. it's not the chuck schumer i've seen and covered for years. it's the level of strategical stupidity and democrats are so beholden to their base for maximum opposition to donald trump they're forcing them to do foolish things because it will be no problem for mitch mcconnell to invoke the nuclear option. instead he's going to make it easy for him to do this and next

time do you think they'll send another neil gorsuch down from the white house? do you think they'll send somebody with these impeccable -- >> martha: don't they say if we're going to have a nuclear option why not do it now? what do they have to do? >> next time they might have republicans peel away. i think they're making a serious strategic error. i think it's going to have enormous consequences for nominations in the future and we're going to see a more bipartisan supreme court and judges put on without bipartisan vote and go back and forth. they're making it worse. >> martha: what do you think people in places like pennsylvania and missouri and places where they went for trump and have senators and

congressmen bucking the trend and going against neil gorsuch. how's that going to play for them the next time around when they come back to their constituents and say i voted that guy down and people say i thought he was ok? >> voters in missouri are focussed right now on how nicely the cardinals beat the cubs. >> martha: as they should be. >> as they face re-election for these folks there'll be a consequence for this but it all comes down to if democrats can help make sure that donald trump's presidency is a failure and if it's a disaster and wages aren't up and he still has a 35% job approval rating. all-in on full opposition and try to cash in at mid terms. >> martha: they're in deep. coming up tonight, while russia is on everybody's mind it's egypt and china on the front

burner as north korea is not afraid to make the first move. we'll discuss and a dropping of four-letter words as the leader of the party. so much for they go low, we go high. remember that? is this a good way for them to get the voters they lost back? coffee. dear freshpet, zooka had digestive problems and wouldn't eat. then i fed him freshpet.

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>> we're having a great discussion with representatives of egypt and we have many things in common. there's a few things we don't agree on and i think that this is going to be a very productive day. >> martha: this as the president's son-in-law, jared kushner made an unannounced trip to iraq with the joint chiefs of staff. probably his biggest meeting yet. the end of the week he'll meet with the chinese president xi jingping at mar-a-lago and that could take on an confrontational tones as there was a report that the president could go alone to act against north korea if china is not willing to do their part

which the president has complained about many years. president trump said he has a new approach. that's a busy week. welcome to both of you. marie, you say the trump team's take on north korea is how did you say it, the thing they're handling least badly. what do you mean? >> yes. i think it's the thing they may have listened to president obama's advice when he said this is the most important challenge he'll face. most the rhetoric has been strong but pretty sober for this administration. sending secretary tillerson to china was an important signal and the meetings this week are very important. my advice to them are to use the meetings to focus on north korea not on the trade issues which i think he talks about during the

campaign in an unserious way. while the u.s. can do things alone actions are more effective particularly on north korea to get the chinese on board andite looking forward to the writeups from the meetings. >> martha: what do you think? >> i think donald trump has been anticipating the meeting and laying the framework and groundwork for the meeting. reaching out to the south koreans and japanese immediately after the election, continuing the dialog with the south koreans and japanese after he was sworn into office. tillerson going to china. he has laid the framework. he understand he needs to deal with north korea and america needs a new strategy. the meeting with el-sisi is just as important. he's handling that very well. we almost lost egypt to the muslim brotherhood under the lost administration. we lost libya and syria. a large part of iraq became part of the caliphate. he's rebuilding our relationship

with egypt because we need egypt if we are going to be successful in fighting radical jihadist. >> martha: the obama administration was criticized in not reaching out and trying to team up to combat isis and to combat islamic extremism. this is a very different tact. >> the reason we didn't embrace president el sisi like president trump has is because he's shown himself to be a horrible violator of human rights in his own country and that was important to the obama administration. if you imprison thousand of people including some american citizens we're probably not going to embrace you but what we tried to do at the same time is work with the egyptians. >> martha: how's iran fit into the picture? >> we worked with the military and others to fight isis. i didn't hear anything about human rights.

sean spicer doesn't even say it privately. >> martha: there are things they disagree on and pete go ahead. >> i think the most important thing -- the disaster in egypt and throughout much of the middle east was the obama administration deciding to cut a deal with the muslim brotherhood believing they can work with rid cal jihadists and the radical jihadis jihadists would change their behavior. instead they saw a huge opportunity which led them to almost take over egypt and take a look at the suffering and the tens of thousands of people who are died in libya and syria and iraq because of that fateful discussion. >> martha: marie and pete. thank you. good to have you with us tonight. also as democrats look to rebound from their november defeat they're looking at this man, tom perez to help them get the party back.

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liberty mutual insurance >> when someone is cruel or acts like a bully you don't stoop to their level. no, our motto is when they go low, we go high. >> martha: former first lady michelle obama voicing what would be a democratic rallying cry for 2016. months later however the democrats are as far from that they can be and tom perez testing out a new strategy with how low can you go. watch. >> donald trump you don't stand for values and you didn't win this election. when it came to health care we call it something else and so what do we call it? i don't care.

>> martha: joining me now a washington times political columnist and i'll start with you. what's your reaction to it? >> when i heard the comments i absolutely loved it. i said to myself, finally, we actually have a democrat with let's just say some fortitude and it's not about republican voters but average folks in west kentucky and michigan and places we need to win again but about a health care program that was the most unpopular piece of legislation proposed that was cruel. it would kick millions of people off health insurance. i love to hear he's out fighting and fired up and good for the party. >> martha: let's hear from hillary clinton on the campaign trail talking to coal miners. remember this? >> that's my future. i want to know how you can say you're going to put coal miners

out of jobs and then come in here and tell us how you're going to be our friend because those people out there don't see you as a friend. >> i don't know how to explain it other than what i said was totally out of context from what i meant because i have been talking about helping coal country for a very long time. >> martha: charlie, i think that may have been one of the most significant moments in the campaign. these are the people hillary clinton lost. now, it's no surprise donald trump spends a fair amount of time with coal miners lined up behind him. that's not unintentional. is tom perez the right guy to bring back those voters to the democrat party? >> i have a hard time seeing that because tom perez is very much the face of the democratic establishment in washington. he's been part of the problem as voters see it for a very long time. and so the notion that they would put him as the face of the

democratic party is almost as absurd as keeping around people like nancy pelosi and chuck schumer as the heads of their respective chambers in congress. when they have been clearly part of the problem for a very long time. it's so easy to forget the past eight years president obama was viewed as a success largely because he won re-election and because the press loved him and he got great press coverage. what was forgotten but revealed by donald trump's massive stunning victory for these people was the fact democrats lost over 1,000 seats nationwide running on his policies. barack obama was the only democrat who thrived under the reign of barack obama. >> martha: tim ryan wanted to replace nancy pelosi and the south bend mayor but they keep catering to the furthest reach

of their party. look at strategy. do you think it's good strategy? >> i don't think it's about the furthest reach of the party. what i think we have to do and by the way i'm a huge fan of congressman ryan and backed him in provide a new direction in leadership because we have to recenter on the bottom line for americans. we need to have an economic vision that speaks to everyone. that's what the party has to focus on. >> martha: thank you. we'll be right back. termites, feasting on homes 24/7.

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every president can relate to see specially when the going gets tough the bambino said you can't beat the person who never gives up. truth, right? we'll see you here tomorrow night. >> bill: "the o'reilly factor" is on tonight. >> when a nominee doesn't get 60 votes you shouldn't change the rules. you should change the nominee. >> that will not happen and it should not happen. that will hurt all of us. talking points. we'll deal with it tonight. >> i want you all to know we are fighting the fake news. fake. >> bill: an explosive new report says a confidant was involved in the controversy of the trump campaign. if true, that's huge. >> why is columbia liberal? >> i don't know it is.