i give some advice, by the way, on who we should pick for the next supreme court justice. that will do it for us tonight. shannon bream and "fox news @ night" taking over, standing by. take the baton, shannon. >> shannon: we can weigh in on that supreme court. we'll discuss, laura prayed in the meantime, here's what's ahead on "fox news @ night." tonight in the wake of the new york terror attack, president trump slams washington. >> we have to get much less politically correct way >> shannon: reaction from top republicans and democrats to the president's challenge after the rampage. senator mitch mcconnell warms to the appointments but there is no thought when it comes to steve bannon. because the person you mentioned, his allies succeeded and nominated five candidates who all lost. >> shannon: can the majority leader heal the within the g.o.p.? at the "fox news @ night" exclusive. should hillary clinton's campaign chairman john podesta worry about a special counsel robert miller's probe into russian collusion?

judicial watch's tom fitton poison. ♪ ♪ hello and welcome to "fox news @ night." i am shannon bream in washington. new development surrounding yesterday's deadly attack on a bike path in new york. the suspect sayfullo saipov appeared in court today. eric shawn's live outside bellevue hospital in new york, facing the long, grueling recovery. good evening. >> give unity, shannon. today, u.s. eternity said that yes, saipov can be tried as an enemy combatant, yes, he can be sent to gitmo as president trump president trump as suggested and so to the white house, but it's up to his superiors. meanwhile, he remains in federal custody, we believe, on the prison floor of bellevue hospital behind me. we are told he remains unrepentant tonight and

defiance. court papers saying that he wants to hang the ices flag in his hospital room. he also is glad and happy that he killed eight innocent people. we got our first look at saipov earlier this evening when he was sent from here down to the criminal court building, the federal court building on pearl street, when he appeared before a federal magistrate. it only lasted for about 10 minutes. saipov was in a wheelchair. he was wearing sweatpants, he looked disheveled and slumped. his feet were shackled that he had handcuffs on. he had an ear piece in his ear in which the proceedings were translated by a russian translator. in english, he did say, "thank you." he was charge of material support to a foreign terrorist organization and destruction of motor vehicles. authorities say that saipov planned his terrorist attack for two months. he runs at a truck from home depot last sunday to practice driving at, on his off on my found about 90 isis videos and nearly 4,000 pictures of

ices atrocities. in the pickup truck, there is literature written in english and arabic praising isis. there were knives as well as a stun gun. june, as i told you, when i asked if he could be tried as an enemy combatant, potentially sent to gitmo, he said, yes, it's possible. that decision could be made, there has been similar presidents in the past where someone was charge with a federal crime and considered an enemy combatant. we are also learning more tonight about the victims in this horror. nicholas cleaves was only 23 years old. he lived near the site of the attack. he graduated from skidmore college in a class of 2016 just last year. he worked for his parents' website's. then darren, 32 years old, financial analyst at moody's. he lived in new milford, new jersey with his parents. he had to go make dinner every single night of his parents, his father, jim, saying this is like 9/11 all over again, and that

they knew something was terribly wrong when their son did not come home last night. also, there was the victim from belgium, the woman, she is 31 years old. she was here with her mother and two sisters. she leaves a 3-year-old and a 3-month-old son. her husband in a statement said she is a fantastic wife and a beautiful mom and the loss is unbearable. also, there were five argentines from the from argentina. they were walking on the bike path, they were here for a 30th anniversary of their high schoo high school. there are tonight nine victims still in the hospital said earlier today, the new york cardinal timothy dolan visited them and he said that he loves them. here he is leaving the hospital this afternoon. >> i just told them that i love them and that the whole city of new york is embracing them with love and prayers and we are on their

our knees. it is a great consolation because not only is there physical pain bad enough, but the thought that they are by themselves and away from home. the city has made them feel at home. >> as he heard, he says god loves them, so do we all. he did not visit saipov. saipov, prosecutors say, shannon, could potentially get the death penalty. we are awaiting for his indictments which have not yet come. we are live at bellevue hospital. back to you, shannon. >> shannon: we will have more of that conversation as to whether classifying him as an enemy combatant. eric shawn live in new york. thank you very much. new video showing nypd cops apprehending businessmen to terrorists, taken from high above in an apartment and by cell phone. it shows him running away and the cops closing in on him. if you hear the gunfire, it's chilling. also, saipov's public defender says it's important to let the judicial process play out. attorney david patton says, "hot

mr. saipov will say more about us than we about him." not surprising you took no time at all for the new york tragedy to turn political. rhetoric from both parties and both ends of pennsylvania avenu pennsylvania avenue. chief national correspondent ed henry. >> republicans were all over hillary clinton for focusing on gun control after the las vegas massacre. now that she was on the other foot. democrats expressing outrage tonight that the president is pushing extreme vetting immediately after this terror attack. remember after treating last night, he was ordering the homeland security department to refugees. today, he vowed to shut down what is the diversity visa lottery program. a terrorist suspect in this case entered the u.s., as you heard, from uzbekistan during the obama administration under this program that has been in place for over 20 years. it provides visas for people from parts of the world that have small numbers of emigrants here in america. the idea of diversity driving

this program has led the president to charge that it's all about political correctness. a president jumping on the fact that as a house member, in 1990, now senate democratic leader chuck schumer introduced a bill that help create the program. president tweeting, "the terrorists came into our country through what is called the diversity visa lottery program, a chuck schumer beauty. i want merit-based." schumer said he tried and failed to shut it down, the program in 2013. he charged the president is politicizing this. >> we have to get much smarter and we have to get much less politically correct. we are so politically correct that we are afraid to do anything. >> the contrast between president bush's actions after 9/11 and president trump's actions this morning could not be starker. >> republican leaders declared that the president made a grave mistake by not calling him an

enemy combatant of the u.s. could gather more intel, while democrats like adam shifts that he should be tried in a civilian court, which as you heard from eric shawn is what they are planning to do. of the u.s. attorney left the door open on the possibility of changing that down the road and the president was blunt about all of this today, calling the suspect "animal," who could be shipped to gitmo at any time. >> shannon: thank you so much. this conversation provokes all kinds of interesting stories. joining us tonight, republican senator james lankford and eric's wall well. great to have you both here tonight. >> thanks for having us. >> let's talk about the idea of him being classified as an enemy combatant. it was something of a president that he was up with you today, sarah sanders and the briefings that she was open to it as well but we get the indictment now, he has been mirandized, not likely to happen at this point. senator lindsey graham, who floated that idea with us last night here on "fox news @ night"

said that the trump administration missed an important opportunity to send a strong message to terrorists and make america safer. this is a huge mistake. very sad. let start with you, senator. what do you think? >> i think he could be tried in the united states. the crime was committed here on our property in the united states. it was clearly a murder trial. there is terrorism connection to that, i think we can pull that out through a traditional court system. the reason to move him to gitmo if he is connected to a larger network and we want to engage in a larger network size. we don't know that at this point. it looks like he was radicalized online. it might have been through some others. we should ask those questions and find out. i think that is why the u.s. attorney is holding back, saying we could do that if we find out more that he is connected to larger networks and remove him. >> shannon: congressman, what about you? when you look at this, there are things that can happen as an enemy combatant, you can have more time to question him, you may get more intelligence. i think it is senator graham's fresh frustration. >> i say like let him face 12

new yorkers. i think the american criminal justice system is the best in the world. let him spend the rest of his life in jail. i think show the world that we have faith in our own system. >> shannon: potentially with these charges i understand, potentially facing the death penalty. we'll see. we do suspect there will be more charges paid in the meantime, the conversation about the diversity visas and whether that is how he came in and what it says about tightening these issues. i know you all have differing views on vetting, how we are doing with that. but when i talk to folks on the hill today about this idea of rolling back diversity visas, it was something the gang of eight tried. where do you stand on that, getting rid of that particular issue? more than 1 million people have come during that. >> the 1990 law was aborted by newt gingrich and mitch mcconnell, i guess you will have later tonight. i support copperheads of immigration reform which would expand worker visas,

agricultural visas, and reform family visas. i got rid of the diversity visa. i think of course we want to -- we want to look at where the individuals come from, what their family connections were, if they were still in connection with somebody who is talking to terrorists abroad. but i trust homeland security and the writing they are doing. a lot of the evidence suggests that he became radicalized elite years after he came over here. that is the hardest person to detect. >> shannon: what about the vetting process? the president tweeting tonight saying we will ramp up extreme vetting. a phrase he likes to use. what do you say about that clock smacks to go providing we do now is a year or year and a half long process. you don't just get the visa lottery, as is often called and you were here the next day. you may be selected to be able to come to united states and get a green card, become naturalized, not an immediate process. there is vetting. the question is on the fighting for these individuals, do we know positive information? often it is done based on the negative. are they on the terror watch

list? to be no criminal backgrounds? if we don't, they are assumed to be okay. i think that is where the extreme vetting goes, to ask, do we know positive information about that rather than a lack of negative. his visa lottery's system is, this diversity program, is designed for small countries. our nation is a very diverse nation before 1990. i would like to see our immigration move to where they are bringing people to the united states we need, whether it is a stonemason, computer engineer that's needed. if they are bringing a scale that the u.s. needs, i think that is a higher priority than just saying we want to open a 5e american citizens that don't necessarily bring a certain scale. >> shannon: many of these changes would have to be part of immigration reform. senator, i got to be honest, there's a lot of split within the g.o.p., no secret that even trying to get to the same page and that within the party will be difficult, much less coming up with something bipartisan. issues like e-verify.

a lot of people think it is common sense and yet it doesn't seem to have all support, republican seems to be split on a lot of these issues. >> there are splits and divisions, some areas of unity, as well. was interesting on the e-verify, no one has a problem with the i-9 form. everyone fills out the w-2 and i-9 form. the i-9 form is to verify their status. but it doesn't do is take the next step and tell the employer whether that's actually the person that is looking at you with false documents are real documents. there is no reason we can't combine the i-9 and the e-verify together is it one step rather than two steps. >> as we head into the end of the year in these decisions we have to make defined bipartisan support on the dream act. the president -- >> shannon: possible? >> he told pelosi and schumer he would sign it. >> shannon: he put out a list of 70 70 things i don't have to along with that. >> the president says he has a bill called the succeed act. the dream act has been around 15 years. it's been tried three different

times in its field every time including when democrats had the house, senate, and white house, they could not pass the dream act. we are looking at a more conservative version to say what you do with the kids that are in it. the president is clear, when we do something legislatively, with the kids that are in daca, a difficult situation, we need to do border security, need to handle the rest of what we're doing doing on emigration. not a giant, comprehensive bill. we need to do border security. we have common agreement. how will we keep the nation-state the nation safe? >> shannon: you are both on the intelligence communities, i want to ask you about the rush investigation. we have indictments from a special counsel. it seems like it is far from over. let me ask you how are you thinking about this? >> i thought we had productive hearings. we don't know the full extent of how the russians weaponize social media. there was an acknowledgment by

the social media companies that has defied that there is a duty going forward toward law enforcement if they see an attack underway. i hope we can build off of that for more bipartisan findings and reach a conclusion. >> i think we can get to a conclusion. we worked hard to get this nonpartisan, as much as washington can do anything nonpartisan. we try to walk slowly together on it but we are trying to evaluate how to classify the information, did any american heart to cooperate with the americans to influence our election and this whole conversation about social media and how did they do it, what did they do, and how do we respond. we have elections coming up next week in virginia, and a whole series happening next year as well. this is not just about elections. one of the things that came out of the testimony is the russians and their engagement in social media last year during election year, only 9% of what they did was election related. the rest of it was social areas where they were trying to take both sides of every argument, elevate the volume, whether as immigration, black lives matter,

and i fell happening right now, all those areas, they are engaging with. they are not starting the argument but when they find an area where americans are arguing, they try to amp up the volume. >> shannon: something that should concern us against all party lines. >> unity is the best antidote. >> shannon: we have you here together. congressman swallwell, senator lankford, thank you for being here. we will have much want to follow from the new york terror attack coming of, including an unexpected effect on the increasingly nasty virginia governor's race. stick around.

>> shannon: in addition to calling on homeland security to step up "extreme vetting," president trump seeming to open up a legal theory that senator lindsey graham first floated last night on "fox news @ night." >> i hope president trump will break the cycle of turning the war into a crime by declaring this guy a suspected enemy combatant. >> shannon: that can mean sending him to get them all. it is the president accurately assessing how the american people feel about this issue? politics editor chris stirewalt is here to discuss it all. >> what up, dog? >> shannon: good to see you. let start with this idea of sending this guy to gitmo. the president said that he was open to it. sarah sanders at the same thing

in the briefing. then they charged him in new york. they read him his miranda rights. now that they couldn't do it now, it will be trickier. >> as it turns out, he is a citizen. is he a citizen? >> shannon: he is a legal permanent status. >> he is a permanent legal resident of the united states. you were the lawyer here. i'm the political hack. >> shannon: i love your hackery. >> you are the lawyer. he is entitled to the rights of the constitution. >> shannon: no, not all of them. but he is potentially still getting a one-way ticket to gitmo. that is a possibility, even though all these other things that happen legally. it's possible. >> can you do it to a full american citizen? >> shannon: i think that we had one. he was called an enemy combatant. i think he went to gitmo. >> i guess my point here is, what is popular is great. and the president, there is nothing he could do to this guy, if he said i want to beat him to

sharks, people would go, you get 70% of people saying, sharks are fine, whatever. that's why we have a constitution and lawyers and that's why we have courts and the stuff to to determine what are the rights of this person. in this case, what's popular is -- it's not about what's popular. it's about what the law is. >> shannon: let's talk about this. the last thing we have about gitmo is from february. 55% said keep it open, keep sending people there. 21% said move these guys to federal prison. 17% said send them to other countries. we know what happen sometimes. we can't always keep track of them. 7% said don't know. for all of these ideas, not surprising, the aclu, not as fan. the president's call for more extreme vetting, and an end to the diversity visa program, will double down on his muslim van and anti-immigrant policies. treating him as an enemy combatant. it's a shame that trump is using

this attack is a platform for pushing his anti-immigrant, anti-muslim agenda. the president is not too worried about the aclu. >> there's that. obviously, the again, sharks, not sharks. team shark will say most voters. what's interesting there, the immigration issue will actually be more politically roiling her here. the president -- if there's one thing he has talked about from the beginning, the vetting is extreme, super extreme comfortable extreme, every superlative he can muster, he will apply to this concept about vetting. this you saw in the political firestorm that were whipped up immediately because it look like the president was blaming chuck schumer. the discussion about immigration is about to get a lot sharper as a consequence of this discussion because when democrats say, or the aclu says, you're being unkind with your writing, if the president can say, if we vetted this guy differently maybe we could have prevented these murders, these deaths, then

the ball is squarely on his side of the field. >> shannon: i want to touch on -- we talked about this out of the virginia governor's race, it is really disturbing. it doesn't matter what party you are. to have a truck chasing around a bunch of small children. it is ed gillespie's truck. the group that had to put that out how to pull it because that is what happened yesterday and people were actually killed. even before that, a lot of people thought it was over the line, including democrats. >> this has turned into -- virginia, which has a history of my selections, or relatively nice elections, this has turned into a garbage election. the issues and conversations -- let's put it this way. on election night 2018, a year from now, i'm afraid that we will probably be talking about ads like this and worse because the political climate, the atmosphere, amount of hatred that's out there is so intense. it is so over-the-top. people have decided they can say

any disgusting thing about their political rivals because if it works, then who cares. >> shannon: the thing is, as much as people say they hate negative ads, we always -- the polling says it actually works. they respond to it. spigot what does work but i would say this. not negative advertising works, too. there are different ways you can succeed. you don't have to be a creep. >> shannon: this did not come directly from the ralph northam campaign but it might not serve them all. we will see. good to see you. >> thank you. >> shannon: it's wednesday already. new information from the house the house intelligence committee today showing that shady social media ads paid for by the russians may have been aimed at more than dividing americans during the 2016 presidential election. rather than supporting a single candidate are taking sides. house republicans released a slew of examples of divisive ads paid for in russian rubles after two days of hearings with facebook, google, and twitter executives. the ads ran the gamut of

divisive social issues from a group called south united, which declared the south will rise again to an account called blacktivist. thousands of protesters were drawn to trump tower partly things to an account created by moscow called black matters usa. next, "fox news @ night" exclusive. whether mueller should be fired, how he feels about steve bannon, and the primary challenge, tax reform. will they get it done before the end of the air? will i be hanging out with you christmas week? >> you might be. >> you might be. my name is jeff sheldon, and i'm the founder of ugmonk. before shipstation it was crazy. it's great when you see a hundred orders come in, a hundred orders come in, but then you realize i've got a hundred orders i have to ship out. shipstation streamlined that wh the order data, the weights of , everything is seamlessly put into shipstation, so when we print the shipping ll everything's pretty much done. it's so much easier so now, we're ready, bring on t.

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>> shannon: president trump is praising getting traditional nominees on the bench. in tweets tonight, president trump says, "thanks to mitch mcconnell, we are appointing amazing people at a

record clip." the tweets followed today's confirmation of michigan supreme court justice john larson, a former law clerk to the late justice antonin scalia and was on the president's initial short-list of 21 potential appointees to the supreme court. also approved the federal bench is a democratic concerns about her actually believing and practicing her catholic faith. >> you are controversial. you have a long history of believing that your religious beliefs should prevail. >> shannon: she said they would not influence her decisions from the bench. why those judges would not have moved forward without pressure for mitch mcconnell. i talked with him about those senate fights today along with president's call for congress to step up and passed measures aimed at preventing terror attacks like the one in new york. i asked him how he beat plans to stop that. how it will be part of a --

greater package. an issue that has divided people within the g.o.p. >> the president has basically challenged us to do something on the daca issue. that would provide an opportunity to revisit some of these other issues that i think he has been advocating. he is already engaged in more extreme vetting. i think we ought to try to move towards some type of merit-based system. >> shannon: the president wants to see the diversity visa issue on ron. we don't know about the suspect out of new york. there were reports of that is how we came to the country. it raises the questions about reforming the program. can you separated out? is a part of a bigger immigration reform package? >> clearly the legal immigration part of our country could be improved. i think our president's decision on daca provides an opportunity sometime between now and march

to not only pass that but to pass other things that improve the legal immigration system. this incident in new york further underscores the need to do that. >> shannon: judicial nominations, because that is a big issue for you. the aba is raiding some of the president's nominees is not qualified. does that strike you as an accurate assessment of their abilities? do you think it is political? >> it's purely political. the aba has become a left-wing organization, dominated by liberal lawyers. at least some of our democratic colleagues tend to take the point of view that if you are a devout -- in this case -- catholic, that somehow you are not able to follow the law, which is really -- i think it's important to remind everybody that we don't have a religious test in this country. it's in the constitution. the good news is, the president is making spectacular appointments to the circuit courts. we are confirming them rapidly,

transforming the third branch, the judiciary in a way that will reach far into the future because these nominees are young and they believe, as justice gorsuch said when he was in my state last month, judges don't wear red and i don't wear blue, they wear black. those are the kind of people the president is sending out. >> shannon: you know that terrifies the critics. i hear from a lot of them, i'm sure you do, too, a left-leaning coalition is now pushing back because of the indictments that came on monday, saying this. the idea that trump, whose top aides are under federal indictments by the justice department for conspiring against our nation should be able to appoint lifetime judges who will have huge influence over this nation for generations to come is beyond outrageous and defies common sense and they are calling on you to stop all nominations. >> that's an absurd argument. the president was duly elected. he has full authority to make these appointments and the fact that some of these people have been indicted is completely irrelevant. the judicial system, the special

counsel, will do whatever they are going to do. it has no relevance whatsoever to the president exercising a full powered or to make judicial appointments. and the senate to confirm them. >> shannon: let's get back to mueller in the indictments. there has been some call, primarily from steve bannon, saying that the g.o.p. should not be cooperating with this. he's calling them for her to cut funding. there are suggesting that he's asking the white house to -- >> i hear that they are cooperating fully with the investigation. the president in the end make that call himself. and various outsiders will express their opinions one way or the other but all indications i have seen is the white house view is, we are fully cooperative. >> shannon: and steve bannon, obviously -- let me ask you. what do you make of the suggestion that his very vigorous, aggressive challenges or suggestion of challenges in the primaries have caused the

resignation or retirements of jeff flake and bob corker and others potentially considering? is not a factor? what do you make of this interparty dispute over these primary challenges? >> it's been around for a while. back in 2010 and 2012, the person you mentioned and his allies succeeded in dominating five candidates who are lost. we succeeded in 2014 and 2016 and defeating sure losers in primaries and we took the senate and kept the senate for another two years. we will be involved in primaries where it's necessary in order to get people nominated who can actually win back in november. >> shannon: taxes, also on the table this year. did they get done before the end of the year? will i be hanging out with you christmas week? [laughs] >> [laughs] you might be. but our goal is to finish this year. that would be a remarkable

accomplishment. the key to this will be republican unity. we want to reduce the incentive to go offshore and provide significant mental class tax relief. that is what this is about. >> shannon: it is back to court tomorrow. the russia probe. what about the democrats who may also be in robert mueller's cross hairs. more on the podesta brothers

>> shannon: welcome back to "fox news @ night." president trump just weeding out important information minutes ago saying that tomorrow, i will be announcing the new head of the fed. i think you will be extremely proud by this person. tomorrow, big news. trump is tapping fed official jerome bill, we understand, to succeed janet yellen. traders say that he is the boring choice but the best one for market stability. we'll see what happens when the market opens and we know more efficiently. this week's indictment of two former trump campaign officials caught up in the russian probe is raising concerns within both republican and democratic political circles. an official joins us tonight with the very latest developments. good evening, kristin. speak let start with the republicans. tomorrow, paul manafort and rick gates will be in court to discuss the conditions of their bail. they have been under house arrest on monday. after the judge agreed to have

the two men -- that they pose a serious flight risk. at the same time, they are working their way closer and closer to the president's inner circle. sources familiar with the situation confirmed to fox that mueller's team is scheduled to meet with white house communications director hope hicks in mid-november, right after the president's trip to asia. they are also expected to interview a handful of other current administration officials as early as this week. even though the white house is distancing itself from manafort, gates, and george papadopoulos, it is standing by another former campaign official, sam club which, currently the president's pick to be the chief scientist. he is in hot water after his attorney confirmed that he is the campaign supervisor papadopoulos was referring to in these court documents. papadopoulos emailed to arrange a meeting between us and the russian leadership, the campaign's supervisor or clovis responded that he would work through the campaign but no commitment should be made at

that point. the campaign supervisor added, "great work." keep in mind, it is not just republicans and the trump administration that is worried about where this investigation may go. democrats are, too, especially the podesta brothers. john podesta, of course, hillary clinton's campaign chairman while his brother, tony, is a well-known lobbyist in washington who just stepped down from the firm with his name on it after it was implicated in manafort's indictment. it turns out the podesta group is being investigated for its work lobbying lawmakers on the behest of the ukrainian government after it was hired to do so by manafort back in 2012. so far, no charges have been filed against podesta on the podesta group with the news is sending shock waves throughout lobbying firms up and down k street, shannon. >> shannon: kristin fisher, thank you very much. joining me now with more on the russia probe, tom fenton, president of judicial watch, they have filed a lawsuit seeking greater transparency in

robert mueller's investigation. great to see you tonight. let's talk about the podesta brothers. we know about john because of his role with hillary clinton but tell us about toni and why it is significant that he stepped away. >> tony podesta is a well-known lobbyist in washington, d.c., and a real -- hired by everyone to get everything done. evidently he was tied to the manafort effort. manafort has been indicted for his efforts on behalf of a foreign entities. the question is, is the podesta lobbying operation x? now, podesta, tony says that he filed with the forms properly, the legal advice, didn't do anything wrong. but i think the concern from fair-minded people is, why they are focusing on trump campaign associate collusion or activities and why not a similar focus on the activities of tony podesta and frankly more

importantly, john podesta, who had a business relationship with the russian government and not only that, was the head of the clinton campaign that paid for the dossier which was essentially a collusion with the russian intelligence operation. >> shannon: at this point, there is some focus on at least one of the podesta brothers, coming out in the cross hairs, the interest of the special counsel. i know that you think that you have problems with mueller and his ability to be objective. if you were to indict one of these brothers, without change her opinion? showed it? >> i don't know. my concern as we don't know what mueller is supposed to be doing. .. hiredis supposed to be doing. to do. >> shannon: you you know specil prosecutors. they have a very wide birth and a lot of money and a limited time. it's because that is a constitutional problem. mr. mueller was hired to investigate collusion between the trump campaign and russian involvement in the 2016 election. manafort indictment has nothing to do with that. it's tax fraud, money laundering, mortgage fraud.

we don't need a special prosecutor for that. the question is, is the only going to investigate collusion between the trump campaign allegedly and the russians or is it going to involve the clintons? >> shannon: do you trust him to follow the facts? there's a lot of folks on both sides of the aisle who says that he will go after democrats if he finds a ledge of a net reason to come if they have broken the law. a lot of folks on the hill -- lindsey graham said they would be "holy hell to pay" of the president gets rid of mueller or is not cooperating with him. it's because there's a difference between getting rid of mueller and questioning his constitutional authority under the law. it doesn't mean you are not cooperating with a special prosecutor, it means you are asserting your rights under the law. mr. mueller is not being supervised properly by the justice department. he has a wide-ranging charge without advocate supervision. we have asked for his budget, we haven't been able to get it. we had to sue in court to get it. why the secrecy? shannon, you have cover the justice department. are you aware of any justice department investigation in

recent memory that had 20 prosecutors assigned to it? it just doesn't happen. my guess is the terrorist operation, antiterrorist operation right now in response to yesterday's attack might have similar numbers. but this is a mini justice department being run by mr. mueller and people who are appointed by the president and subjected to senate confirmation are just's supervising him prayed for to make this indictment, not about the price of tea in china, what about something really minor relatively speaking tells us that he has an overly wide view. >> shannon: what he charged them with yesterday, no collusion with russia and the campaign. there was nothing in there. people hear about indictment and the people on the left get excited. that is not with these indictments are. but we also got on the same day his plea deal with george papadopoulos, and that was a much different situation. he was reaching out, trying to facilitate something, some say that he overestimated his ability to do so and was maybe exaggerating his ability to get

top russian officials of the table. it sounds like in these emails that it's absolutely what he was trying to do. we get word of that, a deal that -- a man who had been arrested back in july that we don't hear about it until the same day we get the indictments on manafort and gates. do you think of a special counsel's office is sending a message saying that we got the indictments and there is no direct collusion as part of these indictments, but here's papadopoulos. we are on the center this trail. >> unfortunately, who is papadopoulos? he lied about something that was not illegal, communications with the russian operatives, talking about the campaign, that didn't go anywhere. all the evidence in the indictment or in the plea deal suggests that it didn't go anywhere. the campaign was monitoring what he was doing and basically, it never rose above his own machination individually. i don't see with the big deal is there. there is nothing that has been released publicly thus far showing that there has been any collusion between the trump

campaign and the russian in an improper way. the only information we have is between the clinton operation on the russians, where money is exchanged and my question is, is the fbi using this dossier -- and now mr. mueller -- using this dossier, is it fruit of the poison tree? >> shannon: are you confident -- we got to go -- but are you confident that the investigations into fusion gps and the dirty dossier and the uranium one deal, that that will get answers and that the american people want? >> no. i'm not confident. the agencies are protecting mueller's investigation and anyone who asks questions about anything or being told, we are looking at it criminally, therefore you can get the information. we'll be in the dark unless we press harder on it. >> shannon: keep us updated on what you find. up next, it is "night court." first, the left want to gun control and now they want that control. we'll [lance] monica, it is absolute chaos out here! gale force winds,

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♪ >> shannon: time for "night court." we are passing judgment on the stories and presenting them to you, the jury. california looking for ways to stay ahead of the curve and los angeles is justifiably worried about violence, but with guns tightly controlled, at least legally, l.a. is coming with a novel idea to get the protesters and rioters at bay.

they have just made it illegal to go to a demonstration with more than a dozen items. that includes baseball bats, stun gun, glass bottles, signs that are not made out of a stock material, i'm not sure how that works. swords, torches, bricks, metal pipes, now it's up to law enforcement to figure out how to prevent all that from hitting the streets. former president obama once said that large-scale voter fraud is a fake news but reports of voter fraud continued to trickle in, including four election workers who were just charged in philadelphia for allegedly violating state law during a march special election. democrats easily won. the g.o.p. and green candidates filed a joint civil lawsuit in federal court. all four election workers are registered democrats who manned ballot boxes. and white men need not apply. that is a message from a democratic national committee data services manager, currently on the hunt to fill multiple vacancies in the tech department. there were email sent to the dnc looking for a staff of diverse voices, and it doesn't mean

white men. the dnc's data service manager reportedly wrote in an email, "i personally would prefer that you not forward to sister under straight white males, as they are already in the majority." stick around for new developments in the new york terror investigation. we'll wrap it up next. ♪

♪ >> shannon: we are minutes away from midnight here on the east coast. breaking news update, the astros have just one month the world series. we also just got a new video sayfullo saipov chased by a bystander after he mowed down bicyclists and pedestrians on the west side highway. tonight, the public defender says that it is important to let the judicial process play out. saying "how we as a society treat him says more about us than it will about him." and by the way, not long ago the president tweeted saying that tomorrow he will officially named the new head of the fed.

so watch for that part of the news kicks off at 4:00 a.m., most-watched, most trusted, most grateful that you spend the evening with us. good evening from washing >> commander in chief who is going to do everything to keep us safe. >> send him to gitmo? i would consider that. >> that is the way i feel, don't let him get communication with me but he. >> he was stopped by a brave police officer. >> we were just doing our job. >> you are going to battle with the animate and not use the words