nice, mean, doesn't matter. call the number on your screen. 877-225-8587. that's all the time we have left this evening. we will see you back here tomorrow night. ♪ >> tucker: good evening and welcome to "tucker carlson tonight." fired fbi director james comey is set to testify on capitol hill tomorrow about his interactions with the president. he delivered a preview about his remarks this afternoon. he released his opening statement to news organizations. fox chief intelligence correspondent catherine herridge has given the statement a thorough look and she joins us now. >> thank you, tucker. the fired fbi director willve start tomorrow by reading the seven pages into the congressional record. james comey said he had nine private conversations with president trump, and he documented each one, sometimes writing in his notes in the fbi vehicle outside of trump tower. in january, james comey volunteered that the president

was not under investigation.ow later that same month, now j president trump asked the fbi director if he wanted to stay on. "the president said i need loyalty. i expect loyalty. i didn't move, speak, or changet my facial expression in any way during the awkward science that -- awkward silence that follow followed. we simply looked at each other in silence." later in the conversation, the president returned to the subject. "i need loyalty. i replied, you will always get n honesty from me. he paused and said, that's what i want, honest loyalty. i paused and said that you will get that from me." a day after michael flynn resigned in february, the president asked if he would let go of his investigation. comey said it was very concerning but no further action was taken. tonight's the president's personal attorney says he feels vindicated. >> tucker: catherine herridge, thanks a lot for that.

james comey isn't coming to capitol hill until tomorrow, as we said, but there was plenty of drama in the intelligence committee today. here's a selection of what happened. >> the reports out in the press that the president separately appealed to you, admiral rogers, and to you, director coats, to downplay the investigation. >> i have never been pressured. i have never felt pressure to intervene or interfere in any way shaping intelligence in a political way. >> i am not going to talk about thee radicals. i'm not going to discuss the specifics of any direct any interactions that i may or may not have had with the president of united states. >> is there an invocation of the president of the united states of executive privilege. >> not that i am aware of.

>> why aren't you answering the questions? >> i do not feel it's relevant. >> tucker: congressman al green of going to start drawing up articles of impeachment this minute before the former fbi director testifies. >> he made it very clear that he was going to fire mr. comey regardless of what else called to his attention. if no one else does, i will file articles of impeachment to impeach president donald j. trump for obstruction of justice. >> tucker: meanwhile, the ratings bonanza on the left wing cable channels continues as anchors and analysts continue to out-hyperventilate each other. the scandal is big, they are telling us. even bigger than watergate. >> donald trump is not nearly as effective at presiding over a cover up as richard nixon was.

>> watergate pales in my view compared to what we are confronting now. >> tonight, we have arrived at watergate. this is watergate. >> tucker: you probably knew this already, but the tv business tends to draw hysterics, attention seekers, and hyperbole merchants we work here. we can tell you that for certain. but an overheated moment like this, we are taking a few steps back to consider what is really going on. let's start with watergate. is this watergate? at the heart of that scandal there was an actual crime. burglars broke into an actual building that held the democratic party's headquarters. president nixon likely knew about that, he attempted to sabotage the federal investigation into it, and he lied during the cover up. when those lies were exposed, he had no choice but to resign. what is the alleged crime here? the alleged crime is that president trump secretly collaborated with the government of vladimir putin in order to

substitute russian priorities for american priorities.rn in other words, he acted as a foreign agent against this country's interest. now, if that's true, it is a betrayal of america. it is a moral crime, and the president deserves whatever punishment he gets. if it is not true, then this is the grandest and most grotesque farce in american history. it is a witch hunt, which is hurting people and paralyzing our government. there is no middle ground here. it is one of the other. at this stage, there is no evidence that crime has taken place. none at all.l. so put yourself in the position of the accused for just a minute. imagine you are not a russian agent, but every day, virtually the entire media and everyone in power suggests that you are. how would you feel about that? what would you do about that? let's say your fbi director had informed you and members of congress that you were not personally under investigation. we would probably want him to tell the country the same thingp because after all it is true. it might lower the temperature a little bit.

that can be an uncomfortable conversation with your fbi director, but you have seen the same fbi director publicly characterize the state of other investigations. you know there is precedence for that. t so, you ask him, now your political enemies are using that request as evidence that you are guilty of the crime, you wanted the fbi director to admit you are not being investigated for. imagine if that happened to you. you might go a little bit crazyt come to think of it, maybe thatt was the whole point of this exercise. congressman eric swalwell is a democrat from california. he joins us now. thanks for coming on. so i am glad to see you there. we are supposed to be shocked by this comey statement that the president asked him on a couples of occasions to tell the public what he had already told the president himself and members of congress, that the president was not the subject of an fbi investigation. he pushed director comey to tell the truth.

why is that a scandal, exactly?m >> that is not the scandal here. what is troubling, and hopefully what will be probed further went director comey testifies tomorrow, is why did he demandil loyalty from somebody who he was going to presumably keep on as fbi director and tie that to his job? why did he ask that the investigation of his friend michael flynn go away? why was he so obsessive about the russian investigation that he wanted the cloud cleared? now, this is america -- >> tucker: let's take your questions one at a time. to answer the first question, - i don't know the answer. why you would say something like that. we are going to talk to corey lewandowski. i'm going to ask him that. as to why he was obsessed by the russia investigation, maybe because people like you were alleging that he committed treason against the united states. he thinks he didn't, and there is no evidence that he did. maybe that bothers him. >> i have never alleged that. what i have stated and the fbi has stated is that there is an investigation and the people on

his team as to whether they had personal, financial, or political relationships with russia, as russia was attacking our democracy. we have not concluded that yet, and we want the president to get out of the way of the honest investigation that has to take place in the fbi and the house intelligence committee. >> tucker: that is not you tiwant. you want to paralyze the president and the government by insinuating that he is a russian agent. >> i want us to be able to do ourr work. he has paralyzed this town from doing that. >> tucker: you don't want anybody to do any work until trump leaves. let's stop being disingenuous. the legal question is, what is the underlying crime? if this is watergate, what is the crime? >> i didn't call it watergate. >> tucker: your colleagues are calling it watergate. many of them. not just the randomca ones. you are suggesting that the implication is that there is a crime. what is the crime? >> i have not suggested that at all. i think you should have those

colleagues on. our democracy was attacked, and we should hold our democracy to be sacred.haul understand whether any u.s. h persons were involved. on the house intelligence committee, what i hope we can d do -- >> tucker: hold on. is that the suggestion, that trump somehow was connected to this so-called attack on the united states or its democracy. and democracy is abstract, you can't abstract democracy, it's not a thing. whatever but you are implying trump was involved in russian efforts to influence the outcom outcome. >> what the fbi director told congress on march 20th, was that the trump campaign was being investigated as to whether they were working with russia as russia was interfering in our election. we should be able to proceed without the president disrupting as he has, onto that investigation. >> tucker: the very essence of this, your claim, is that russia hacked our election, democracy, country. but they hacked the dnc computer. a network.

that network was never investigated. the clinton campaign wouldn't allow it. they hired their own group of investigators to take a look at it. why is that sufficient to base an entire investigation and scandal on? how do we know? why didn't the fbi look at that computer system? >> it was actually a multifaceted attack. it included social media trolls, the use of fake news -- >> tucker: no, that is ridiculous. don't insult our viewers. >> don't insult our intelligence agencies. >> tucker: there is no evidence that trolls moved a single vote. nobody read that crap. there was a big study on that, and who read that, nobody did. but emails were taken on dnc service. that is really the crime here. why did the fbi never investigate those servers it self? i don't understand. >> again, you will have to invite the fbi here. on the house intelligence committee, we are not conducting a criminal probe.

we want to tell the american people how they can be more aware next election. we want to make reforms in our election system so that they are not penetrated by russia or other countries that have similar capabilities. >> tucker: what reforms are you talking about? you're saying that people read things on the internet that you didn't want them to read, would you make it illegal to have things on the internet that you don't opprove of? what reforms are you addressing? >> it would be so the american people understand that social media trolls are out there. that russia today is not an honest broadcasting company. it is actually a tool of russia's intelligence services. >> tucker: you are going to ban cable net? >> it is a free country, and people should just be more aware. when they go to the ballot box, it is still a free and fair election. >> tucker: but i am missing it. you said we need reforms to change the way people approach their news. you are a member of congress. would you ban "russia today" would you put a warning label on

it? what specifically are you talking about? >> reforms and awareness. it would be to improve the integrity of the ballots, ballot box. make sure counties and states have access to federal resource resources. tucker, you are right. there is no evidence that votes were changed. that would be a very dire situation. but we know that russia did go into voting systems, and we don't want them to go any farther in the next election. or any other country. >> tucker: that is entirely legitimate. of course, you want to see the integrity of the system. is there anything you would do to stop the proliferation of this terrifying fake news that you guys are always talking about? >> we just want america to be more aware so that russia or other countries aren't able to pull this off again. this is a mess, and it has prevented us from doing the work for the american people that we really should be here doing. >> tucker: but they didn't pull off anything. [laughs]

and by the way, when you can figure out what they pulled off and be more specific about it, please come back. congratulations on your new baby, by the way. >> thank you. >> tucker: for more reaction on james comey's statement, we are joined by corey lewandowski. thanks for coming on. you just heard congressman stalwell. assuming that is true, why would the president ask for loyalty from an fbi director? >> what the president asked for is loyalty to the country, and loyalty to make sure that people have the justice system that they want. that is not unheard of, and that is not uncalled for. what the president asked for, and the president-elect, was to develop a rapport with the fbi director. if you read the entire statement, you find he had two conversations with barack obama when he was the president of the united states. one was to say goodbye. and the time that president trump is taken office

from the time he was the president-elect until jim comey was fired for not performing his job well, he had nine separate conversations with the president in multiple meetings. the difference is that this president is hands-on, but wanting to make sure the justice department is available, and he made a decision as commander in chief to relieve a person in duty that was no longer capable of running the fbi. >> tucker: that's for sure. you'll get no disagreement from me. democrats thought comey was out of control because he was. why, though, would the president had asked the attorney general to leave the room before he spoke to the fbi director? >> its is very possible that the president just wanted to have a private conversation. the president has the prerogative and is entitled to have those conversations, but what is important, as you know, is director comey appeared in january, he informed the president that he was not under investigation in any way. he said "i should be prepared to assure president elect trump that we were not investigating him personally.

that was true, we did not have an open intelligence case on him." it's clear the president-elect and now president trump has never been under fbi investigation and the president cited that on three separate occasions when he dismissed james comey for his lack of ability to lead the fbi. on three occasions, he informed the president he wasn't under investigation. >> tucker: i think that is definitely one of the headlines here. another headline today is that apparently the attorney general of the united states does not have the support of the president. white house press secretary was asked today to affirm the president's support for jeff sessions, and he wouldn't. why is that? >> look, i think what we know about this president and what we know about sean spicer is its very clear that the president speaks for the president. this is a president that has been exceptionally accessible to the media, whether it is print or broadcast, or through his twitter accounts. the president will speak for himself. when he believes it's necessary to do so, i think it is further the president will have the ability to answer if he

continues to have the faith of jeff sessions or not. >> tucker: do you think the president understands that sessions is not just another guy who works for him, but may be the one guy that understands why he got elected? he was key to the president's election, and if he fires jeff sessions, a lot of the support will say i'm out? >> jeff sessions was one of the first to endorse president trump in mobile, alabama, in august of 2016. senator sessions has been a steadfast supporter of this president and the agenda when she wants to move forward, which is immigration reform and tax cuts and repealing and replacing obamacare. jeff sessions has the utmost integrity and is going to do what is right. as you know, every individual who is confirmed by the u.s. senate serves at the will of the president. if the president decides to make a decision to change that, that is his prerogative. >> tucker: that would be a grave mistake, and i hope it doesn't happen. that's my view. anyway, corey, thank you so much for joining us tonight. barack obama was in montreal,

canada, today and used his visit to another country to bash his successor. we will talk to mark stein next. california governor jerry brown isn't happy about the withdrawal from the paris agreement so he went to china to get his own climate deal. california used it to be a state. it's now a country. will it declare war on somebody? y stimulating the nerves in your colon. miralax is different. it works with the water in your body to hydrate and soften. unblocking your system naturally. miralax.

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>> the world is at a reflection point. we are going to be inviting in those who argue that democracy doesn't work.

that restrictions on the press are necessary and the intolerance and tribalism and organizing ourselves along ethnic lines are the answers to the day's challenge, and extreme nationalism, and xenophobia, and the policies of us versus them. isolationism, or nationalism, where they can suggest rolling back the rights of others. openness to immigrants and refugees, that is fundamental to who we are. i am convinced that the future does not belong to strongmen. >> tucker: blah, blah, blah. that was former president obama. he was in canada today, obliquely attacking the president that replaced him, and warning the rise some thing called the politics of fear. here you have a president who invited al sharpton to the

white house as a domestic policy advisor at lecturing us about domestic policy and tribalism. >> he always does this bloodless routine that everyone else is motivated by emotions and opinions. he is the only one who uses reason and logic. he does this whole dispassionate thing. apparently there is a big market for it. 6,000 people showed up to hear the speech. i think there has never been a better time to be a unilingual francophone in quebec, because everything he said was a condescending superior putdown of the world he left behind essentially. >> tucker: well, that is really the question. does he understand the world he left behind? he hates donald trump. donald trump got elected because of barack obama. i wonder if he knows that. >> no, i don't think he has worked that out.

interesting to me, his great theme is that america has turned inward and it has become nationalistic and isolationist and turned away from the world. that is what i heard. all around the planet, during the eight years of the obama administration. didn't matter whether you are in eastern europe, in the middle east, where they missed bush, in india where they missed bush, singapore, australia. whatever you feel about george w. bush, he had relationships with world leader leaders. he got on fabulously with tony blair in london and john howard in australia. obama got on with nobody. not the gulf monarchies, the saudi king, not the eastern european prime ministers. not british prime minister

sprayed during those eight years, obama in effect turned away from the world and the world went to hell on his march. stew on the contradictions in the speech are so overwhelming. he says, tribalism and nationalism are dangerous, but we need a lot more immigrants and refugees. if you wanted to create nationalism, it seems to eat -- seems to me you would do wht obama did for eight years. >> yeah, i think that is true. in fact, it has led to tribalism. that is a very good way of putting it. in fact the democratic party, what is identity politics. it was the strategy that costs hillary clinton the election. that is tribal politics. you vote -- you don't vote as a citizen. one of the great things that binds the english-speaking world is that common law does not place great emphasis on group rights. it is about the individual, equal before the law. the democrats come along and say, no, what matters is whether you are muslim, or what matters is whether your transgender. they lost the election because

they tribalized the electorate. >> tucker: i think that is exactly right. it is a cul-de-sac with a really ugly ending. marcus steyn, always an honor. thank you for coming today. >> thanks. you didn't miss anything in montreal, i can tell you that. >> tucker: i didn't think i did. >> years of obama's speeches. >> tucker: california is mad that president trump pulled out of the paris climate deal, so they decided to go and sign their own climate deal with the chinese government. should american foreign policy be independently handled by 50 different governors? we will talk about it with one of the governor of california's supporters. stay tuned. s. one a day 50+. there's nothing more than my vacation.me

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ask your heart doctor about entresto. and help make tomorrow possible. ♪ you're only a day away. >> tucker: last week, president trump announced the united states that he was withdrawing from the paris climate agreement. california governor jerry brown was so upset about this. he predicted that god would visit the 12 plagues upon the earth in response. >> this is a crazy decision. it is against the facts, against science.it it is against reality itself. people are going to die. habitat will be destroyed. a seas will rise.re insects will spread. >> tucker: now governor brown says that california will join the paris deal even if the federal government won't. while visiting china for a clean energy conference, he signed an agreement with the chinese government in whichgy

the two agreed to collaborate to reduce emissions. is california its own nation now? a radio show host in los angeles joins us tonight. i grew up in california when it was a state. 1 of 50 states. now i guess governor brown has gone rogue. what happened. >> it is not an international treaty. we are not violating the constitution. as you know, this is a nonbinding agreement. we are going to share the technology. california already spends billions of dollars to create these industries, build them, and grow them into large businesses. look at tesla. why not a leverage that with one of the fastest growing and largest economies in the world? china. let's share it and get a return

on our investment in california. >> tucker: because california doesn't have a right to do that because it is a state. you are basically creating your own foreign policy. when that right is constitutionally reserved for the federal government. that used to be obvious, but california is so high on its own fumes that they lost sight of that somehow. >> no, but this is a nonbinding agreement, again. counties and states have already been doing this for decades now. there is nothing new about this. if he had signed something that said it was a binding agreement, you and i would be in total agreement that that was violating the constitution. but why not get a return, why not lead in this country, since d.c. doesn't want to lead. why not lead in the 21st and 22nd century energy sources. instead of what the president is doing which is falling back into 16th century sources falling back on coal. >> tucker: would you declare war on mexico? what other unilateral decisions.

to prepare us for the future. you guys are saying that you are not following federal law, you are entering into agreements. the next step would be war, right? >> no, although governors are in charge of national guards. no, we are not going to take camp pendleton and attack mexic mexico. you and i both want the economy to grow. why would we not want to grow our economy? why not create more jobs in a sector that already has eight times as many jobs as the coal sector does? let's move forward, let's take advantage. why not get some of that money back from the chinese that they are holding of ours? this is a great way to do it. it is sharing technology, it's opening markets, and it is building our economy here in california. >> tucker: this is hilarious on so many levels. of course a lot of that green technology is subsidized

by federal dollars. as obama said, you didn't build that. the rest of us did. so you are taking investments from the other 49 states and making money on it, and then claiming moral credit for it and then wagging your finger at the rest of the country saying we are better than you. i guess we are used to that, but it's annoying. you can see how the rest of the country would be used to that and annoyed by that, right? >> yes, and the rest of the country is annoyed by a lot of things california does because wein le. we are not sitting back and waiting for things to happen. by the way, california since more money to d.c. and gets less back than any other state. you know that fact to be true, tucker. and on top of it all, the federal government coffers, if california reaps the benefit off chinese money, d.c. get some of that too it is a win-win all around. >> tucker: you also lead the country in poverty than any state. you lead the country in people fleeing to idaho. if you are upset about climate change and you believe it is being driven by co2 admissions

you think carbon dioxide is a poison like arsenic, why would you sign an agreement with the world's largest polluter, china, that allows them to continue to pollute for anotherw generation. how does that help with global warming? >> the agreement signed today it doesn't say what you just said, tucker. it is a sharing of technologies and information, and an openingg of markets to one another -- >> tucker: i am referring -- i'm sorry. i was referring to the paris agreement that governor brown is scolding trump for pulling out of which allows china to continue increasing their co2 emissions. that doesn't really make sense why you would want to give the world's biggest polluter of pas past? why would you do that? is there some weird agenda we don't know about? >> that is why today's move is an improvement on the paris climate agreement. i agree with you, there were problems in the agreement. it wasn't strong enough, i didn't push hard enough on china or india. i agree with you with that portion of it. that is why today is so important. remember, in the bay area inre particular, there was a study

just a few years ago. one-third of all of the air, pollution being measured in the bay area was coming from china. so anything we can do to help lead them down the path of cleaner energy benefits california and benefits the rest of the united states. >> tucker: i think you are right about that. but sucking up to them and giving them a propaganda coup is probably not the best way to do that. thanks for joining us tonight. the lawsuit against katie couric was recently dismissed by a judge because he does not like the gun group'sun political position. after the break we will talk to that group about what they are doing next. plus, what else can we expect during james comey's testimony tomorrow? three things to watch for tomorrow.

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>> tucker: last year, katie couric released a documentary called "under the gun." reviewing america's gun laws. watch this. here's how the documentary framed the conversation. >> let me ask you another question. if there are no background checks for gun purchasers, how do you prevent felons or terrorists from purchasing a gun?or >> tucker: so they had no answer to this simple question. that's what viewers saw when they watched the documentary. here is what actually happened.r >> if there are no background checks for gun purchasers, how do you prevent felons or terrorists from walking into a licensed gun dealerow and purchasing a gun? >> one, if you're not in jail,

you should still have your basic rights. >> so you if you are a terrorist or a felon -- >> if you are a felon any of done time, you should have your rightshe. >> the fact is, we do have statutes on the federal and state level that prohibit classes of people from being in possession of firearms. >> tucker: so in real life, they had an answer. but on the documentary tape, they they stared offth to space with their mouths open. a federal judge just dismissed the case. he said that couric did nothing wrong with misleading editing in the documentary. philip van cleave joins us. he is president of the virginia defense league. so, am i mischaracterizing the judge's ruling here.

what did they say exactly? >> basically, i think you summarized it correctly. he basically said vcdl had a valid answer, therefore the fact that you totally changed the response is irrelevant. that is how he looked at it. >> tucker: so he didn't like the answer that you guys gave,t so he argued that it's impossible to impugn your character or defame you because he thinks your positions are stupid? >> i would say that that's probably an accurate assessment. he didn't like the answer, therefore he thought the answer was irrelevant. it could be changed to anything, and it wouldn't matter. >> tucker: that doesn't sound like legal reasoning to me. that sounds like an msnbc segment. are you sure he is a judge? >> [laughs] it's certainly caused a lot of people i know that are lawyers to raise an eyebrow. that's all i know.ta >> tucker: just to be clear,

this documentary comes out, you watch it, and you know immediately that what is on the screen is not actually what happened, right? >> that is correct. we had the audiotapes. >> tucker: i noticed. you go to katie couric and her producers, and what do they say? >> nothing initially changed. the fact the film is still out there with that false section in there. it is still there, still available. >> tucker: they clearly misrepresented what happened. they lied about you in order to make a political statement. they made you look stupid, dishonestly, in order to push their agenda. did they admit that, that they apologize for? >> yes. they made us look ridiculous, and katie couric admitted at some point to the press that she should have said something or done something. but the point is,

nothing changed. again, somebody saying they are sorry but continuing to do something, that is a problem. >> tucker: so, this film lives on as movies now do, digitally. so, your great grandchildren can pull this up and will have no idea that what they're looking at is fake. >> yeah, they will think that we are ridiculous. that we were shameful for not having an answer to a simple question, and gun owners will look at that and think that we were the worst organization in the world. that we did not come up with a simple answer to a very straightforward question. we came up with 5 minutes of answer, of which zero was put in the film. >> tucker: really quick, what do you know about this judge? >> i don't really know anything about him. all i know, he was an obama appointee. that is all i really know about him. i read that in the paper somewhere. so, i don't really know anything about him. >> tucker: so dishonest

and scary. philip, thanks for coming on tonight. appreciate it. >> thanks for having me on. >> tucker: all eyes on the senate intelligence committee that is where james comey will go tomorrow. he will be testifying in less than 14 hours. what should you be watching for during the hearing? we have a former federal prosecutor to tell us three things to look out for tomorrow. that is next. okay, yup. good night. with accident forgiveness your rates won't go up just because of an accident. switching to allstate is worth it. trust #1 doctor recommended dulcolax. use dulcolax tablets for gentle dependable relief. suppositories for relief in minutes. and dulcoease for comfortable relief of hard stools. dulcolax. designed for dependable relief.

♪ >> i am talking about a situation where we were told to stop something for a political reason, that would be a very big deal. that has not happened in my expanse.e. w -- in my experience. >> tucker: that was james comey a month ago telling the senate judiciary committee that the president never tried to improperly influence him on this investigation with russia. he's coming back to the senate, and he may be telling a different story.

we will find out tomorrow. the hearing is not going to be just on cable news. the broadcast networks are planning to air it live tomorro tomorrow. you may be watching tomorrow. what should you be looking for while and after james comey speaks? andrew mccarthy joins us tonight. a lot of people are interested in the story, but it's a complex sprawling story with more innuendo than fact. what should we be looking for? >> i think the main thing that has really confused people about the discussion over the last week is the idea that pressure and obstruction of justice are the same thing. they are clearly not. actually, if you look at what former director comey said in his testimony, the case that there was obstruction of justice is much worse today than it was yesterday. and i actually didn't think there was any case yesterday.

what people need to understand is putting pressure on a subordinate is not obstruction of justice. the key element of obstruction of justice is corruption, so if you don't have pressure that is motivated by corruption, there is no obstruction. the president has as much authority or more to exercise. prosecutorial discretion as any of the subordinates he has who are u.s. attorneys are fbi agents across the country. i think the extent to which these two concepts have been inflated is important. pressure is not obstruction. >> tucker: so by discretion, you mean he does not have to sit passively by while people who work for him run these investigations? he can attempt to influence them? >> he certainly can, but what i mean by discretion is, in the united states attorney's office, every day, prosecutors dismiss cases even though they could be prosecuted for a variety of reasons.

they weigh the facts and decide if it should be brought or not. if you look at what trump is alleged to have done here, he went through the calculus that is like what a prosecutor does in a normal case. here is what they are accusing this guy of, but on the positive side of the ledger, he didn't do anything inappropriate with russia. he has been laid low, i had to fire him. enough is enough. you may not agree with that, but it's not corrupt. it is the kind of calculus that happens all the time in the exercise of prosecutorial discretion. >> tucker: what else do we look for? >> there is going to be a big to do about this whole business about whether trump sought a loyalty pledge from comey or no not. that, i think, is more complicated. to a certain degree, the fbi

director is a subordinate, well, to a complete degree he is a subordinate of the president, and does owe the kind of loyalty that an inferior officer owes a superior officer. he has to obey orders and carry out policies and the like. comey is quite right that what he owes the president is honest honesty. in actually being honest, that is how you are best loyal to the president. so, the question is going to be, what did trump mean by loyalty? i think to the extent that people say that loyalty is not a factor in these superior subordinate relationships. that is not the case. >> tucker: i hate to editorialize, but i don't know a single person speaking on the behalf of the white house who can explain things as clearly as you can. you probably don't want to work there. andrew mccarthy, thank you for coming on. that was really interesting. >> thank you.

>> tucker: marissa mayer spent five years as the ceo of yahoo. five years later, no one is shouting yahoo! about her performance. but she got super rich for wrecking that company. how exactly did she do that? we'll tell you, coming up. ing tk aussie 4! soup and salad. center-cut sirloin and dessert. a four course meal, starting at just $14.99. the outback aussie four course is a big win... but, hurry in! it's not 4 ever. swhen it comes to molding young minds, nobody does it better. she also builds her own fighting robots. destroy. but when it comes to mortgages, she's less confident. fortunately for sarah, there's rocket mortgage by quicken loans. it's simple, so she can understand the details and be sure she's getting the right mortgage. apply simply. understand fully. mortgage confidently.

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>> tucker: not a lot of normal people read "the new york times" anymore but they published ansh interesting piece the other day. marissa mayer, she spent five years running yahoo and became s one of the most famous business leaders in america, if not the world. the newspapers assessment is proof that it was in fact disastrous for just about everybody except for her. from 2012-2017, yahoo cut half of its employees. half. she failed to fix the core business models and made a couple of disastrous a acquisitions like buying the blogging platform tumblr for yahoo suffered massive privacy breaches and failed to properly address them.

actual users of yahoo were hurt by that.. she tried to bring glamour to the company. she threw mack a "wizard of oz" themed photo shoot with top executives, that cost $70,000, that embarrassed everyone but her. she tried to glamorize herself, mostly, and 2013, she did a photo shoot for the fashion magazine "phobia."." morale at the magazine was poor. she allegedly refused to sign because they didn't have a college degree. a lawsuit accused her of discriminating against men. in short, it was a gigantic disaster from start to finish. the core business will be bought by verizon in a month from now for less than $5 billion. it was once worth more than $100 billion. it must be harmful for mayer, right? not even close. in return for running yahoo

about a mile underground, she collected $239 million in compensation. $900,000 every week. to spend it wrecking company. it tells you a lot about america in 2017. what a shame. we are back tomorrow. bye for now. ♪ >> jesse: hello, everybody. i'm jesse watters. along with, greg gutfeld, juan e williams, kimberly guilfoyle, and dana perino. it's 9:00 in new york city and this is "the five." ♪ we're just 13 hours away from one of the most highly anticipated senate hearings in recent memory. tomorrow, former fbi director james comey will appear before the senate intelligence committee to discuss his private conversations with president trump. it will be the first time he has spoken publicly since the president fired him on may 9th. we are already getting a preview about what to expect from mr. comey. ed henry has the details from the white house tonight.