to nail down this memo issue, i want to follow-up on what you said earlier about your role in approval and to irrigation techniques which we also discussed in my office. you said you do not recall reviewing or commenting you also said you, quote, provided general information and legal support, closed quote, regarding the legal standards for interrogation. i want to ask you about one specific memo and i'm going to send it down to you if you haven't had a chance to see it, because i want you to. it was written by daniel levin dated december 2004. this memo replaced the august 2002 binding memo. and it says that the criminal division reviewed and proven, specifically says it. criminal division reviewed this memorandum and concurs in the analysis set forth below. here's the question point. in a foot note on the memo

indicates that under the new analysis, all of the techniques that were approved under the binding memo like waterboarding, would still be legal under the new memo. in other words, nothing changed. and it says it expressly had the approval of your division. do you recall reviewing and approving that memo? >> i do not recall approving, reviewing and approving that memo. what i do recall is that we provided -- we drew a line about what the criminal division's appropriate role was. that the criminal division should be consulted on the general meaning of the statute, what the elements are, how you define what the elements are. what i did not think was an appropriate role for the criminal division, so we did not review and approve or bless, is review of particular interrogation techniques. and that was because, even at

the time i believe, we were already starting to investigate and in one case which led to prosecution, cases where techniques went too far and i did not think it was appropriate for the criminal division to be setting interrogation policy or providing legal advice on a going forward basis. >> the memo does not make that distinction. it simply says criminal division department of justice concurs in the analysis set forth below, which goes into detail in terms of techniques, interrogation techniques in the foot notes. i want to give this to you because i want you to take a look at it. i'm not trying to stump you here. take a look and see if you can put it in context for me. tell me if i'm missing something about this. it appears that this did go through your division. i want to hear after you had a chance to look at it, if you wouldn't mind, if you would respond and let me know that. is that fair? two other things.

you worked with u.s. attorney chris christie? >> when i was assistant attorney general, yes, he was the u.s. attorney in new jersey. >> you were part of the bristol meyers squibbs settlement involvement? >> that i don't think so. i was aware of the bristol meyers investigation. i think it's possible that the settlement may have occurred after i had left the criminal division. >> okay. that's all i wanted to know. the last part i want to ask you about relates to the obstruction of justice, which i think you've -- in a 2004 speech about prosecuting corporate fraud, you urged severe penalties for obstruction of justice. you said, quote, lying to government investigators, obstructing our investigation, needs to be seen as one of the surest paths to severe consequences, end quote. do you believe that obstruction of justice by government officials should be treated similarly? >> i think obstruction of justice, whether it's committed

by a senior corporate executive or a guy in the mail room or a government official needs to be treated very seriously. >> in the early enron cases that you were involved in, they are exceptional in that people went to jail, executives went to jail. and then we kind of some reason or another the department of justice lost stomach for that and stopped sending people to jail. to me that is a category of injustice which i hope we will rectify. i don't have great hope, but i hope we will rectify the future, if there's wrongdoing that harms so many people, would you comment on that particular aspect of prosecution? >> happy to, senator. i feel very strongly that when one is investigating companies, that we need to look at the people, the individuals in the company who may have engaged in

wrongdoing. because companies act through people. and so i think one of the things that we did effectively with the enron task force and a number of other corporate fraud prosecutions during that era was showing we were willing to follow the facts and the law wherever they may lead, all the way to the very top of the house. and in the enron case in particular, as you know, as you commented on, we brought cases against essentially the entire c suite of the company. obviously, we have to have the facts and the evidence and the law to support it. we can't succumb to mob rule or anything like that. but i think we need to be sure, and i think that is the way i review the fbi's mission, is to follow the facts and the law wherever they may lead, to whomever they may lead, even if people don't like it. >> that's fair. thanks for your patience today. i'm gonna send this memo down to you, so you have a chance to take it with you. >> thank you very much, mr. wray.

i think you can finally get some lunch here. i wanted to thank you and to make sure you know that you have a lot of support here. i am going to be supporting you as a number of my colleagues are. i think your answers earlier explaining your opposition to torture of any kind was very important. when senator feinstein asked you those questions. i also think that the answers that you gave to many of the senators about the independence of the fbi was very compelling and heartfelt, and that meant a lot. because i don't have to tell you that you're coming in at a time that is unprecedented, where you've had the director of the fbi fired, the then acting attorney general a few months ago fired. and as someone that's been in law enforcement and believes that law enforcement has to have people that are in charge that

follow the law and care about the law and believe in our democracy more than anything, it couldn't be a more important time for you to be coming into this agency. i think that you saw the bipartisan nature of the questions and the respect here has a lot to do with how you've handled it and your experience today. but it also has a lot to do because of the senators here know how important this job is right now. so i want to thank you for your time and we are going to leave the record open until friday, if senators have further questions. and i am pleased to say this hearing is adjourned. thank you. >> thank you, senator. >> and that is a wrap for christopher wray on capitol hill, which we've been covering for many hours here. hours of questions for him. with our live coverage of this big day for the man president trump wants to be his next fbi director. i'm harris falkner.

the president chose christopher wray to lead the fbi. today he was grilled over a slew of topics. for a nonpolitical position, things got political pretty fast. >> did the president ask you to do something unlawful or unethical, what do you say? >> first, i would try to talk him out of it. and if that failed, i would resign. >> why did the president fire director comey? >> you know, senator, i don't know. i'm not familiar with all of the information that the president may or may not have had, so i'm really not in a position to speak to that. i do know there's a special counsel investigation under way. in all my dealings with jim comey, he was a terrific lawyer, a dedicated public servant and a wonderful colleague. >> from there the president's e-mail chain that he dumped on

twitter is taking up a lot of oxygen. he did so today. while all that's going on the president himself will head to paris, france, tomorrow in lieu of the latest edition in the russian meddling saga. here to give her take on all of it is martha mccallum. >> harris, how you doing? harris: great, thank you. today you figure the focus on james comey. that's the man he's replacing. a lot of questions though about donald trump jr. and what's been going on there. also just how this man, christopher wray, would fit into the political landscape. what was your take on it? >> obviously, what's going on with don jr. and the e-mail saga is just the latest sort of edge in this story. lot of people out there who believe that it points to some sort of cooperation, collusion isn't something that's prosecutable. but perhaps cooperation between the trump administration and the russian. when you go back to what donald

trump jr. said last night when he talked to shawn hannity. we spoke at the top of our show last night. he said, looking back at that moment in time, this whole russia discussion wasn't even going on, you know? so he gets this e-mail. he wants to hear what they have to say. he's sat there for a little while. he said nothing really came of it. it was something they didn't think of after that. it's hard to put yourself back in that moment when this russia thing was not so omni present. i think senator leahy who talked ab russia being our sworn enemy. i thought to myself, really? 'cause wasn't the way the obama administration looked at russia at all. really have to sort of put this thing in perspective. obviously, we have to follow it where it leads. >> harris: the democrats are having their own issues with russia, via hillary clinton and questions with the clinton foundation. it wasn't just that it wasn't on

the landscape for democrats. they were actually pushing it off the landscape. so interesting for him to actually talk about that, donald trump jr. before we move on, how do you think he's doing in terms of the messaging? we all watched it last night. >> in terms of what? >> harris: the messaging. >> the best thing i think they could do at this point is to basically bring everybody together who worked on the campaign, everyone in the administration and say, look, if there is anything that you realize now may look awry, you need to get it out there. they need to really be aggressive on this. it's not gonna work any more to say this is a nonissue, that it's a nothing burger. that line of argument isn't going to work. they have to get aggressive. they've been trying to say all questions on this are going to special counsel. that's fair and it does allow them to try to work on their agenda, but they really need to get in front of this in a much more aggressive way an say, we've checked everywhere. there's nothing else coming out,

unless that's not the case. >> harris: we saw with sarah huckabee sanders that she was using that line of response. anything regarding don jr. go to outside counsel. but then the president gets back on the record defending his son, doing probably what any parent would do in that sense. outside the president, i'm this man's father and the defense comes. then you got it snowballing again. >> there's a very human side to this. this is a family that is very close and there's no doubt in my mind that donald trump jr., when he took that meeting, was doing it 'cause he was trying to, you know, whoa, possibly there's something that could help my father. he loves his father. they're obviously, the president has come out in support of him as well. he feels he did nothing wrong. let's remember, lawyer after lawyer today are coming out saying there's no legal problem for don jr. in terms of this. it's a question of what's appropriate, what's not appropriate and absolutely judgment. so i mean that's gonna continue to be an issue.

>> harris: he acknowledged on hannity that there would be things that he would do differently. can we talk about healthcare? yesterday we had senator kennedy on and he boldly said, look, more than any place i have heard anybody yet among the republicans say we're gonna get this next, we're gonna move that forward and that august recess will be about a whole host of different things. taxes, budgeting. republicans definitely need to do that. my question is where are they on the messaging? they've got to face the town halls. they've got to face people at the recess, whenever it happens. are they doing a good enough job to sell this at this point? >> we talked a lot on this story about how far behind they are. i mean, if you get assigned a year long term paper and you're just sort of hoping that your teacher won show up on the day that it's due so you don't have to turn it in. this idea they thought hillary clinton was going to win so they weren't prepared? the president wanted to have this reform bill on his desk in

january. what is happening? they were 35 days out of 70 on the summer schedule. that's what they do. they need to come up with something. there's no more excuses. people expect that they're going to vote on legislation on healthcare reform. so whatever their issues are, we know there are many. they can only lose two people in this whole game, which can be very tricky. they really ought to close themselves in a room and say, let's hammer this out and maybe we can salvage the last two weeks of our vacation. they can do it. >> harris: senator kennedy is saying don't wait until augusto do it. let's put it to a vote. everybody that's caught up in this are the american people. new enrollment coming up in november. that's still months away, but it's not that many months away. you've got a child sick or somebody you're worried about with healthcare. >> think about the impact of healthcare on the november presidential election. we get so caught up in this russia issue, but one of the

most significant reasons that donald trump won was because people got those premium hikes in november. they didn't like it. so they thought there was an answer to that, and that was to elect all these republicans. they know that. this is really gonna hang around them if they can't get it done. >> harris: i'm gonna brag on you. thanks for stopping by. >> thank you. >> harris: be sure to tune in to martha's show tonight. she'll have an exclusive interview with the american behind the miniksby act, aimed at punishing russian officials for the death of a russian attorney back in 2009. they wanted it off the books. >> big part of the story. thank you, harris. >> harris: senate republicans are putting health care reform back on the fast track. majority leader mitch mcconnell is introducing a revised bill tomorrow, leaving room for amendments and scheduling a vote for next week. meanwhile, senator graham is working on a proposal he hopes will attract a few democrats

along the way. mike emanuel is live on the hill. what do we know about the rollout of the updated bill? >> reporter: harris, 11:30 tomorrow morning in an ornate room, all 52 senate republicans will get a look at the revised healthcare plan. as you mentioned, south carolina senator lynnsy graham is working on his own proposal. sources close to him say it's not designed to compete with mitch mcconnell's plan, but rather, if they fail to get 50 votes, it might be a plan b of sorts. meanwhile, other republicans are trying to bring their colleagues along on this mcconnell plan, trying to get this done. >> i don't know because i haven't seen the actual language. i don't know what is in the new senate version, but in the end, my evaluation will be does this put us in a better place tomorrow than we are today? any one of my colleagues who said they're going to repeal it and now they're holding out because we're not throwing enough at the problem, i would really ask them to check their

consciences. what did you promise the american people? what did you promise people who supported you? >> reporter: he did not want to be rushed into voting but now it sounds like he's getting on board, getting ready for the possibility of a vote next week. harris? harris: so the obstruction charge and healthcare, what are democrats saying in response to it? >> reporter: welsh democrats are firing back. they say republicans have been working on healthcare reform since january, have not been able to get it done. they say it's not democrats getting in the way. they say it's the substance of the republican healthcare plan. >> two weeks isn't gonna solve their problems. the way they can solve their problem is very simple. get rid of all the tax cuts to the rich. get rid of the cuts to medicade. and work with us to improve the existing system. >> reporter: schumer fired back at mitch mcconnell, the majority leader, ab the obstruction charge saying republicans probably do not want to go home and face their constituents in august.

harris? >> harris: another big deal on capitol hill, house lawmakers are rolling aut a version of a senate passed bill imposing sanctions against russia and iran. so far it's hit a bit of a snag. >> reporter: harris, there were only two senators out of 100 that voted against their chambers russia sanctions bill. you almost never ever see anything with that kind of bipartisan support. but since it's been almost a month since that passed and the house still hasn't done anything, there are now some republican senators putting pressure on republican congress men. >> if they don't act, it's a green light to vladamir putin. those attempts to affect the outcome of the election of 2016. >> reporter: but some republicans, including speaker paul ryan, think the russia sanctions bill as written could end up helping russian oil companies and so on top of concerns about that, they are

also being urged to act without making changes. where the legislative director thinks the senate bill gives too much power to individual lawmakers. so he's been here lobbying lawmakers, making this argument. >> we support the sanctions in the bill on russia and iran. it's initially an iran bill for which there is a russians sanctions amendment. the administration is fully supportive of those sanctions. what our concern is that the legislation we believe sets an unusual precedent of delegating foreign policy to 535 members of congress. >> reporter: democrats sick of waiting though. they are bringing their own bill to the floor. it is identical to the one the senate passed. they're basically challenging house leaders to either have a vote to sanction russia or leave those sanctions hanging. >> it is even more important today more than before that a sanctions bill be passed here in the house of representatives and in the senate bipartisan bill to bring sanctions against the

russian government for their involvement in the election. >> reporter: again, republican leaders say the on thing holding up the russia sanctions bill in the house are house rules. we'll have to see what happens in the next couple hours. >> harris: we're covering it all. peter, thank you. there is fresh fighting in mosul, iraq, just days after iraq's prime minister declared victory there against the islamic state savages. now top american commanders are weighing on what that city needs as they look to wipe the islamic state off the map for good. show me winter in july.

epic battles. ferocious families. dangerous dragons. experience game of thrones and all the rest of hbo for free from july 10th through the 16th with xfinity on demand. from action, to comedy, to drama. this summer hbo and xfinity have you covered. and catch the game of thrones season 7 premiere on july 16th. winter is coming to xfinity. >> harris: a collect in on what i like to call dismantling isis. iraq's prime minister declared

victory in liberating them from the islamic state savages after months of combat. national security correspondent jennifer griffin is live at the pentagon. the numbers, the facts don't lie. >> reporter: well, harris, the iraqis may be celebrating the expulsion of isis from their second largest city, mosul, but the top u.s. commander in baghdad, steve townsend told reporters here at the pentagon the roughly 6,000 u.s. troops won't be coming home from iraq any time soon. >> this fight is far from over so i wouldn't expect to see any significant change in our troop levels in the immediate future. there's still hard work to be done. >> reporter: general townsend said two large iraqi cities remain under isis control. each has a population of over 100,000 people. portions of ambar province along the border with syria also remain in isis hands. days after the iraqi prime

minister visited mosul to declare victory, general town ps end said a couple hundred could still remain in mosul and there are reports of continued fighting. victory came at a steep cost. more than 1,000 iraqi soldiers were killed fighting isis in mosul. nearly 1 million mosul residents are now without homes, large portions of the roads and nearly all of the bridges have been destroyed. hundreds of bombs remain hidden inside the city. and in neighboring syria, u.s. backed forces continue to make gains in raka, the so called isis capital. small ground troops are in the city. the problem is most of the isis leadership and bureaucracy has already moved over 100 miles south east to syria. u.s. special operations forces are operating closer to the front line in raka in support of the arab and kurdish fighters.

the coalition expects they will have to chase those isis fighters down to that capital. >> harris: we've been scrolling on the bottom, some of the facts. isis iraq territory, 70% less than it was in 2014 right now. so 4 million people liberated from the islamic state savages. so those are some of the facts. more details that they can read on the bottom of the screen. jennifer griffin, thank you very much. we covered it for hours today, the grilling on capitol hill, shedding new light on president trump's pick to head the fbi. a live report from washington now as we break it all down. and then our political panel will take it up. that will be an interesting debate. stay close. >> i'm very committed to supporting director mueller in the special counsel investigation. i have worked closely with director mueller in my past government service. . i view him as the consummate straight shooter and somebody i have enormous respect for. let's dance grandma! you don't let anything keep you sidelined.

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>> harris: president trump's pick for fbi director facing tough questions about the russian investigation including the decision by donald trump jr to meet with a russian attorney claiming to have information that could damage hillary clinton during the 2016 campaign. >> should donald trump jr have taken that meeting? >> welsh senator, i'm hearing for the first time your description of it so i'm not in a position to speak to it. >> let me ask you this. if i got a call from somebody

saying the russian government wants to help senator graham get re-elected, they got dirt on lindsey graham's opponent, should i take that meeting? >> senator, i would think you'd want to consult with some good legal advisers before you did that. >> harris: we thought we'd consult with a good legal adviser. always good to have you on the program. >> thank you. >> harris: the type of advice donald trump jr should be getting and what he is getting. >> now what he should be getting is really he needs to stand down. stop talking about it, stop tweeting about it. do not blast your e-mails about it on twitter. even though you might want to say that horse is out of the barn, at this point he should let a lawyer do the talking for him. and the reason i think that's really important, harris, is this. at some point he's probably going to have to testify about what happened at that meeting and preceding that meeting. whatever he says now will open him up for possible impeachment later. if he said and and then later says is, people are gonna jump on that. you know that.

>> harris: let me jump in. when you say the word impeachment, if somebody is tuning in, like i watch half in the kitchen, you don't mean it the way we normally talk about it. >> no. >> harris: donald trump jr is not an employee of the white house. >> i mean when you impeach somebody's testimony by showing they said one thing on one day and another on another. that's all i mean here. >> harris: there is a cogny sans that i would assume he has even though he doesn't work in the white house. a dad, i want to protect him. legally that could complicate it. >> it does. i think that's why donald trump jr came out with guns blazing and didn't even think. i don't think he thought he needed counsel. when the accusation was made he wanted to come out and explain himself. he probably did need a mouth piece but for the record, let me just say his meeting was not illegal. we have one law in place here. >> harris: what are we talking about? if the meeting was not illegal, why are we still talking about this? >> great question.

there's one law in play here and maybe a violation of the campaign finance laws which by definition didn't happen. if you're trying to get dirt on somebody, words are not a thing of value. they're not a contribution. they're not a donation. they're not a thing of value. number one. number two, he didn't get any dirt. there was no dirt. so he had a meeting that lasted a short period of time. everybody else walked out of the room. i think he got duped into the meeting. but now he needs to be quiet and let his lawyers do the talking. >> harris: you said there was one law, campaign finance law, and you don't feel that was even broached in any of this either. >> you would have to take a square peg and squeeze it into a round hole to determine that words are a thing of value. >> harris: does this go away? >> yes. soon? probably not, but yes, it goes away. >> harris: what donald trump jr had to say about taking that meeting. >> the question is, what was the real purpose of the meeting? the most logical explanation is a baited and switch. it's unimaginable why anyone

would go to a meeting after receiving an e-mail that, were the russian government were here to help you. the fact that they had this meeting is not evidence of treason. >> harris: he's echoing what you're saying, probably he got duped. >> let's take it one step further. the meeting is evidence that nobody was in putin's pocket. do you know why? if you're in putin's pocket and you get a random e-mail from a random dude that says i want you to meet with somebody and you're in putin's pocket, you're not taking that meeting. >> harris: amen. i said if you are really aligned with someone so powerful, you're going to recognize that because your dad has been so powerful. you know power when you see it. why would you be on the short end of the stick trying to take a meeting? >> brilliant minds, harris, think alike. >> harris: brilliant when you say it. thank you for being here. the big senate hearing on the hill focusing on potential successor to james comey at the fbi and the on going russia

investigation shadowing the white house. >> the previous director, james comey, said that the people at the fbi don't give a rip about politics, but mr. comey installed as his deputy director a man whose wife ran for virginia state senate, accepted almost $1 million from the virginia governor's political machine. >> as the fbi's investigation into russian election interference and possible coordination with the trump campaign progressed, it appears the president became more and more concerned with director comey's unwillingness to cooperate, in the flynn matter, as well as the russian matter. >> no one asked me for any kind of loyalty oath. i sure as heck didn't offer one. >> harris: let's bring in chris plane, joe trippi. kreurbgs i'm gonna start with you.

we talked about the legal side of what's going on now with the russia investigation. let's talk about the politics. no evidence whatsoever of any sort of cooperation, you know, any kind of contributions, any sort of coordination between the trump campaign and russia. go. >> well, at what point does this become like the lee harvey oswold didn't shoot kennedy investigation? how many rabbit holes do we have to journey down? how many headlines do we have to suffer? and news cycles about russian connections? it's honestly reached the point of, it would be comical if it wrrpb so vicious, if it weren't so mean spirited. and the threats and the calls for treason and all of this madness from members of the senate and members of the house about treason. it's nuts. enough already. the people of america would like the people in washington to get down to business and the business of governing. but the democrats and their allies in the media are very good at keeping the focus off of

what's important and on derailing everything that the trump administration is interested in doing. and in the end, that's what this is all about. it's about losing the election. hillary didn't win and we're still dealing with the ramifications of that. that really is it. >> harris: you know, joe, i have not seen you take issue with any of that. your focus when i have watched you is, can the democrats get a message? >> look, the democrats need to get a message. that's true. but i also think, look, there's no way this isn't going away. martha mac callum said the trump administration cannot just keep saying it's a nothing burger. that that's not gonna work anymore. charlie can talk about democrats all he wants. in a lot of ways, it's been the trump administration, donald trump, donald trump jr and others in the administration that keep putting fuel on the fire.

i mean, the latest e-mails, donald trump jr did that. no one else did that. >> harris: you can argue some members of the media are giving democrats an entire leg up by keeping this on the front pages, where there is no evidence talking about the ifs and what ifs. >> no, that's true. some members of the media claim he's innocent totally and nothing ever happened and we shouldn't have any investigation. that's what the special counsel is doing. i mean, that's why it's important. i think the testimony christopher wray gave today about his respect for bob mueller, what he thinks that he's an honest broker, that he'll get to the bottom and follow the law. i think that was very important for the country. by the way, if bob mueller finds that there was nothing there, that is gonna be incredibly good for the president. something i think the president should have realized a long time ago. >> there's nothing there. >> harris: with all due respect,

right now looking more like a win rather than an if because we still, all these months later, don't have any evidence. but maybe that could change according to what you're saying. i want to talk about christopher wray. it would appear that we are going to see the president's nominee for the fbi director go through. democrats and republicans saying that today. why does the president like him? >> why does the president like him? you know, honestly, i don't think i can answer that question in full. i think president trump relied on the advice of counsel. president trump is not an animal of washington. he is not a swamp thing. he doesn't have 30 years of history with people coming up through the system. honestly, he's relying on the advice of his inner circle to guide him to a nominee, as was the case with the supreme court and would be the case with an awful lot of appointments for these high ranking washington jobs. president trump doesn't have a

stable of friends to call on, allies to call on, as people like, for example, hillary clinton would have. >> harris: you mean inside the belt way? >> right. >> harris: he did represent governor christie in bridge gate. he does have a track record people can follow. some of that track record was on full display. they asked him about working for the administration of george w. bush. there were some questions about things that he has overseen. but for the most part a very positive day for him, joe. >> certainly was. i think getting the support of diane feinstein i think very early on and clearly other democrats on the committee voiced their favorable impression and voiced their support. i don't think -- i think he did very well. again, i think it was very important for him to build the credibility that independent fbi, particularly he intends to lead, we all need him to lead. >> harris: i have been asking people this question about the white house doing its own opposition research now so it can start to get out in front of

things. joe, do you think that's a good idea? >> look, i think the best advice for the white house right now is to let this investigation go wherever it's going. >> harris: drip drip drip. chris, do you think they should try to circumvent that? >> they should tear it up. appoint a special prosecutor to go after hillary clinton, bill clinton, their russia ties. honestly, there should be a second special prosecutor going down a completely separate avenue here. i hope that they leak every day after they -- as joe said earlier that the trump administration can't continue to say this is a nothing burger. joe goes bark to the howard dean days. if it's not a nothing burger, joe, where's the beef? >> harris: we're gonna leave that right where you left it there, gentlemen. thank you very much. good to see you both. >> thanks. >> harris: can republicans act on reforming healthcare? i mean, if it happened, how

quick could it happen? the senate is buying more time to try to reach a deal. we'll talk to jim jordan leading the battle to undo obamacare. >> my position has been the same from day one. first chance i get to repeal obamacare, i'm gonna do it. and if what is proposed in its place is an improvement over obamacare, even though it's not perfect, i'm gonna vote for it. (man vo) dad forgot how to brush his teeth.

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>> good afternoon. i'm shepard smith. more on the news that donald trump jr met with a russian lawyer after a middle man said she had dirt on hillary clinton. and it was part of a russian government effort to help candidate trump. white house deputy press secretary sarah huckabee sanders is scheduled to hold an off camera briefing at the top of the hour. we're expecting donald trump jr's meeting to be a big topic. we'll also speak with a reporter at the associated press who

wrote a story of what is going on behind the scenes at the white house. and this one is fascinating. top of the hour. see you then. >> harris: investigators in missouri are trying to figure out what led to that deadly crash of a military refueling plane. debris, wreckage, spread across three miles. now authorities are saying it could be days before it is all recovered. the marine kc-130 was based out of new york and crashed, killing all 16 service members on board. attorney general jeff sessions met with authorities in las vegas to talk about sanctuary cities. the justice department is threatening, as you know, to pull federal funding from cities that don't cooperate on enforcing federal immigration laws. hence, they are a sanctuary for people to want to go there and stay there illegally. this is a senate judiciary subcommittee discussing another immigration issue, people overstaying their visas. william la jeuness joins us tphp is two prong. they're here illegally and some

are overstaying their visas. >> reporter: right. and both are very important to the president's immigration reform policy or enforcement. but a key, harris, the feds have even yet to define a sanctuary city. meaning at what level of noncooperation can the administration with hold the money? and if so, how much? are we talking 1 million or a lot more. that's what they're trying to do, force them to reconsider. ice agents even hostile sanctuary cities like los angeles, we were with them yesterday morning, continue to target criminal aliens, catching three yesterday including two gang members, both previously deported. one had a prior for attempted murder, another convicted of alien smuggling, theft, two dui's and a hit and run. yet l.a. let him out of jail, forcing ice to literally chase him down the street fill he was caugh caught. >> that i can be here without

papers. >> you were. >> yeah. everybody works. there's a lot of people. >> do they blame trump? >> yeah. that guy messes up everything. >> reporter: so right now four cities, four counties and two sanctuary states are under going a legal review by the attorney general, including las vegas where jeff sessions was today urging law enforcement to, at the very least, communicate with ice to identify and deport criminal aliens. sanctuary cities claim they don't have to. >> too many jurisdictions still refuse to cooperate with the federal immigration authorities regarding illegal aliens who commit crimes. even ms13 gang members. these jurisdictions are protecting criminals that, under the law, should be deported. >> reporter: so later today in san francisco, the department of justice is going to appeal the 9th circuit ruling that says the administration cannot with hold

federal money from sanctuary cities, getting ice into jails, getting cities to honor detainors. that is the corner stone of the president's immigration policy. jeff sessions is urging these cities to play ball. back to you. >> harris: interesting. i wonder if he will be talking to some of the citizens who have some feelings about this. did i catch it right that the man in your story who was illegal in his behavior was blaming the president because he didn't like the way the immigration was going? >> reporter: yeah. and not on him, but another one that i didn't have time to show you. both these guys are blaming trump saying, hey, if it wasn't for him, we wouldn't be deported. course, they didn't look at their own criminal record. in los angeles you have no idea of the mentality of a lot of these individuals, including politicians, that they deserve and have an entitlement to be here. >> harris: i have been to california recently. i think i do have an idea. thank you very much. we're awaiting that white house press briefing. again today, no cameras allowed. that will help next hour. it is do or die time for the

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>> harris: tphraouz is popping on capitol hill. senator rand paul is holding a news conference on the healthcare bill with some pretty tough words about where they are, the frustration. he wants repeal. he doesn't think he's gonna get it. watch. >> american people wanted us to repeal obamacare. now it looks like we're voting if this bill goes through, we're voting to keep obamacare. i'll be happy to take a couple questions. >> do you still intend to vote against the motion to proceed? in that meeting, did it get contentious? were there raised voices? frustration? >> i think a large part of the frustration in our caucus is

that this bill no longer is repealed and they're being asked to vote for something that we never promised. we promised the american voters that we would repeal obamacare. when you're keeping half the taxes, most of the regulations and creating a brand new insurance bailout superfund, that to most people just doesn't look like repeal. i will vote against the motion to proceed. >> senator, how much of the bill have you seen? >> we're hearing the outline of what it will be. we've seen the previous text. we're being told it's essentially the same bill except now that we're keeping more of the obamacare taxes. the regulatory aspect is about the same, but we're being told that there's going to be at least $70 billion extra in the insurance bailout super fund, and this is not a republican idea. the idea that we would lower prices by subsidizing them is completely contradictory to any notion of republicans belief in free markets.

>> when you say there were private discussions of people admitting that it wasn't a repeal, do you expect some of these senators to come out publicly and claim that it is a repeal bill and that they should support it? >> welsh that was a big part of the discussion. some are saying, hey, we need to get on television and promote how great this bill is. the others are saying, it's not really repeal. we don't have the text. how do you expect tows get on television and defend something that isn't really what we promised? and that is the cunundrum they find themselves in. if they're not really repealing obamacare, but just simply subsidizing it, all over tv you have republicans talking about the death spiral of obamacare. that is real. but you know how the republicans are gonna fix it? by subsidizing it. they're not going to fix the death spiral of obamacare. they're going to subsidize it. that's what the insurance bailout super fund is. they call it a staeurblization

fund. that enormous fund is to subsidize the death spiral of obamacare, not fix it. they're acknowledging the death spiral continues, adverse selection. they're acknowledging that will continue. they're just going to subsidize it. >> the session before you go on recess, leader mcconnell extended that by two weeks. he said not to deal with healthcare, more to deal with nominations and things. do you think you can get to a point where, do you think this bill will get to a point where you can support it? >> there are two options on how you get to compromise. one option is -- >> harris: wow. tough words. we knew there were some holdouts among the republicans. senator rand wants repeal, total repeal. not just obamacare bailout. stay close. there's more to come.

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>> busy hour. how about good news? an update on steve scalise. a source close the congressman

reports that he's out of the icu. he had an infection. doctors say he remains in serious condition and will need more surgery. the majority whip is one among several shot on the baseball field last month. i'm harris. thanks for watching fox news. here's shep. >> shepard: it's noon on the west coast. 3:00 at the white house. president trump has been attacking critics and defending his son. behind closed doors, we're hearing how donald trump jr.'s extraordinary e-mails are affecting life in the west wing and now concerns that impact will ripple down the streets of capitol hill affecting republicans plans for everything. from healthcare to taxes. we're expecting to hear from the white house shortly. we'll bring you news from moscow where the kremlin is now denying ties with the russian lawyer at the center of the controversy. thanks for that. ahead, what vladimir putin's people are saying, if you're interested. we'll also take a close look at the legal issues for these three. you've