that is all the time we have this evening. we thank you for watching. shannon bream meeting and the "fox news @ night" team is set to take things from here. to be when we have a copy of that book, too. here is what is happening on "fox news @ night." explosive allegations by a top democrat that speaks within the hillary clinton nomination. the party leaders is a there is nothing here. the growing scandal. speak of what we have to do as democrats now is hold this party accountable. >> shannon: we break down the president's exclusive interview, slamming his opponent over the trump dossier. >> it's a disgrace and it should not have been allowed to be used. >> shannon: new evidence from a special counsel robert mueller's case may be compromised. can freezing the assets of the lone wolf terrorist somehow prevent future attacks? we'll hear from the plan for what he says before it's too

late. ♪ hello and welcome to "fox news @ night." i am shannon bream in washington. the controversy inside the democratic party about to explode into a open warmed warf. just yesterday, the left-leaning "new yorker" headlined "the democratic civil war is getting nasty" even if no one is paying attention. that story about how democrats are repeating the same old mistakes by focusing on identity politics rather than the economy. meanwhile, former dnc chairwoman donna brazile is leveling shocking charges of collusion and rigging by her own party. chief national correspondent ed henry kicks off the coverage tonight. >> great to see you, shannon. the thing about the daily drumbeat from democratic party officials charging that president trump is not telling the truth about any given issue, and the democrats daily obsession about how concerned

they are about the integrity of the 2016 election and allegations of collusion. this book by donna brazile lays bare the democratic party officials destroyed the integrity of their own primaries in 2016. colluded, that's the word, colluded to regular those primaries in favor of hillary clinton her campaign. that is according to donna brazile. they repeatedly lied to the american people and their own party grassroots with claims they were being fair to senator bernie sanders. it's interesting tonight, president trump and his interview with laura ingraham side, all of this was dishonest. >> that is a big story what you are saying, it's illegal, number one. it is really very unfair to bernie sanders. i'm not a fan, although i must say i got a lot of his votes when he was thrown out. many of those people voted for me because of trade. i agreed with him on trade weights figure political magazine has an excerpt from brazile's new book and here it is. it is published, an expert, she recounts taking over the dnc in the summer of 2016 and learning

it was broke and being propped up by the clinton camp because congresswoman debbie wasserman schultz's team had signed a team deal with the clinton camp, and which she agreed to raise money for the dnc to keep them afloat in exchange for her control of the dnc, all happening in private back in 2015, months before ballot started to be cast while the dnc was publicly claiming to sanders and the rest of the world that they were neutral. brazile rode in, "of the fight had been fair, one campaign would not have control of the party before the voters had decided which one they wanted to lead to. this was not a criminal act but as i saw it, and compromise the parties integrity." the brazile confession has the air of someone trying to cleanse her own conscience because remember when she was at cnn, she got caught steering questions taylor clinton. after denying it to fox. watch. >> you know, as a christian woman, i understand persecution but i will not sit here and be

persecuted because your information is totally false. >> plus, last march, brazile seemed to mislead about clint inclusion, telling "time" magazine, in reality, not only , the more competitive and heated the primary got, the harder dnc staff work to be scrupulously fair and beyond reproach. in all the months that they monitor the dnc's emails, they found just a handful of inappropriate emails with no sign of anyone taking action to disadvantage the sanders' campaign. by the way, sanders had no comment. shannon, what donna brazile was writing in march in "time" magazine, there was no collusion, the complete opposite of what she is doing now, as she tries to sell this book. >> shannon: is a totally different story and it's very illustrative. much more to come. thank you. was it a vast right-wing conspiracy, involving the russians were the democrats own troubles that led to hillary clinton stunning laws? are democrats addressing their

internal problems in time for the next election? joining us now, former utah congressman jason chaffetz and see new direction of research for basel.com, jessica tarlov. both are fox news contributor sprayed both to see you tonight. >> congratulations! >> shannon: thank you very much. i want to start up with a little bit more of an excerpt from donna brazile's book. i want to get you all to react to this. she talked about this agreement that hillary's camp had reached with the dnc. "the agreement specified that in exchange for raising money and investing in the dnc, hillary would control the party's finances, strategy, and all the money raised by the victory upon agreement had been signed in august 2015, just four months after hillary announced her candidacy and nearly a year before she officially had the nomination." jessica, on the floor of the dnc convention last year, i got an earful from bernie supporters who always felt like the stick had been in. this vindicates with a thought. >> it's not the full story and

i'm surprised that donna brazile did not represent the facts. bernie sanders himself signed a joint fund-raising agreement, he just never raised money for down pilot democrats or anyone, he want his own way. this agreement is quite common, al gore signed ron, john kerry signed one. donna brazile left that side of the story out. i realize she is trying to sell books but you can see that she is backpedaling, if you look at her twitter feed right now, she has retweeted something from her own team that says that none of the quote revelations that came out in this piece or these excerpts changed one primary vote. there's another tweet that says that hillary -- must be run hillary clinton's campaign had taken control of the strategy, t press releases, everything months and months before we got to the primary. how can you say the states did not have an impact? >> i'm not saying you didn't have impact. i'm segment on the brazil is not telling the full story. she's making out that bernie sanders was a victim and those of us who were following the campaign, everyone on this

panel, now that he was out there dragging hillary's name through the mud, he said that she wasn't qualified, over and over he does not associate with the democrats. i do have sympathy for the clinton side about the money that was raised for the dnc and down ballot candidates, which bernie did not help us with. >> let's bring in former congressman che fits. i want to read about what debbie wasserman schultz said. she was the head of the chair of the dnc. she says, with donald trump in the white house, democrats must stay focused on enacting and aa progressive agenda to protect our democracy and remain united toward our goal of electing democratic congressional majorities in 2018. i heard nothing of a denial or explanation about why that victory fund agreement would have been reached. as jessica said, others have signed those but generally according to to a donna brazile said, it doesn't happen until they become the nominee. this was way ahead of that. to speak of the reality is, democrats were in debt. most members, including myself,

have done joint fund-raising agreements, but what is markedly different and totally unacceptable, and i believe could potentially be money laundering, is to put into the contract that that money would go back to the dnc and essentially be under hillary clinton's control. there are reason there are can campaign finance limits, and this looks like a concerted efft to bypass that so she can maintain control. you can't do that. that is not only unethical, remember, donna brazile is calling this proof. using her words, not mine. proof that this was rigged. >> shannon: we are also hearing from one of your former colleagues, congressman, congresswoman tulsa gabbard. she had a lot to say during the campaign and clearly was very upset about the way she thought he was being treated. today, she said that no more of this, nor picking winners and losers. we have to take back our party, it should belong to our people. we have to be more transparent.

jessica, are there lessons to be learned? >> i hope so. i was not a fan of what happened with representative gabbard and how she left the mainstream to go for bernie sanders. i completely agree with her. there is no doubt about her that the democrats have a lot of work to do and we are clearly still a broken party. elizabeth warren said that this was confirmation that hillary clinton rigged the election so we can see bernie sanders and elizabeth warren shifting and we have the center of the party and we will have to see how it plays out. democrats must learn from these mistakes. the g.o.p. is very weak and fractured right now. we need to get it together to take advantage of that in the coming election. >> shannon: congressman, i am hoping -- i'm thinking that you were hoping in 2018 that they don't learn a lesson and get it together. >> go ahead and put up hillary clinton again. the reality is, since barack obama took office, if you look at state legislators, governors, house of representatives, the senate, the presidency, i think the democrats lost something like 900 seats. >> it is actually a thousand to

be honest. >> shannon: jessica -- >> you can say the republicans are broken but things are going pretty well right now. i will also say that this has moved above and beyond a squabble with them a democratic party. this is potentially millions of dollars of money that has been longer laundered. the doj should swoop in there and look at that contract because there are a lot of us that believe that that is money laundering. >> congressman, i would like to say, on mueller week, a guilty plea in the indictment, you haven't got in health care, you probably will get tax reform -- he said it's going well. >> shannon: let's focus on donna brazile and the allegations that she made from inside the party. we will continue to parse this out. we'll see if the doj gets involved. congressman, jessica, great to see you both. >> thank you, shannon. >> shannon: a fox news alert. brand-new developments in the

russian investigations coming straight from the house intelligence committee, rather than on the special counsel's office tonight. the left claims they found yet another smoking gun. but there's a whole lot more to the story. kristin fisher is here at the very latest claims involving attorney general jeff sessions and carter page. good evening. >> tonight, attorney general jeff sessions is under renewed scrutiny, thanks to two former trump campaign associates, carter page and george papadopoulos. let's start with page because today he was on capitol hill testifying before the house intelligence committee and he told them that during the campaign, he did till then senator sessions about an upcoming trip to russia. if true, that is important because sessions has repeatedly testified under oath that he was not aware of any communications between trump campaign associates and russian officials. tonight, page is downplaying that encounter with sessions to fox by saying this. "back in june 2016, i mentioned in passing that i happened to be

planning to give a speech at a university in moscow, completely unrelated to my limited volunteer role of the campaign and as i have it on dozens of times throughout my life. understandably, it was as irrelevant then as it is now." the attorney general is coming under fire for this photo of a meeting with then candidate trump and george papadopoulos, who pleaded guilty to lying to the fbi. according to court documents, at that meeting, papadopoulos said he told everyone in the room that he could use his connections to set up a meeting with mr. trump and russian president vladimir putin. if true, that could contradict what session said, listen. >> i have never met with or had any conversation with any russians or any foreign officials concerning any type of interference with any campaign or election in the united states. further, i have no knowledge of any such conversations by anyone connected to the trump campaign.

>> democrats are already pouncing on the possible discrepancy. senator patrick leahy said today, "the description of the march 2016 meeting contained an unsealed court documents is impossible to reconcile with the attorney general's appearance before the judiciary committee just two weeks ago." they may want the attorney general to testify before the committee again, to clarify. then, there is the other big news of the day, paul manafort and rick gates back in court, today the attorneys argued that they do not pose a flight risk, they are simply international, political consultants whose jobs require them to have multiple passports and overseas bank accounts. but the judge shut down their efforts to ease the conditions of their bail to refuse to release them from home confinement, and refused to allow them to take off their gps electronic monitoring devices so she did say that she would be open to reconsidering the next time they are in court, which is monday, shannon. >> shannon: we will be there.

kristin fisher, thank you very much. our next guest says there is evidence of a special counsel robert mueller's probe is compromised. he is calling for his resignation. arizona congressman trent franks is here to explain. good to see you, sir. >> this is great, your new show. you picked a week where there is nothing happen. >> shannon: we wanted it to be easy so we scheduled it accordingly. we thank you for coming in tonight. you and others have raised concerns about robert mueller, there are other republicans who say they want to see him protected. they have introduced legislation. lindsey graham said they would be holy hell to pay if the president tried to get rid of him. should he be fired? >> i think that he should step down, shannon. i'm convinced that the evidence is pretty clear that he has a conflict of interest. his closeness to mr. james comey is incontrovertible and this means that even, and my judgment, the appointment process itself was a compromise situation. if you look at where the probe

is going, it seems to be going in a lot of different directions on these things run off the rails at times. i am very concerned at that. especially with some of the people that mr. mueller has hired and brought along with him, and i see them almost like they are doing something with organized crime. usually, that puts a lot of fear and the people that they arrest early and sometimes, even if they are trying to do the situation honestly, sometimes it means the people that are on the line will say something that may be is not true or overstate their case against their superior and it has a pretty corrosive effect. >> shannon: are you of the steve bannon belief that congress should cut off money or set a limit on the money or that the white house should be slow in producing documents when it comes to cooperating with mr. mueller? >> no. i think that we should cooperate with him until there is something that is incontrovertible and clear that

he is doing something wrong. i'm convinced that mr. mueller puts a pall on the entire process when he ignores this conflict that he obviously has. >> shannon: i want to read something from senator blumenthal, of course a democrat in the senate side. he has this to say about where we are right now with the indictments this week and the one plea deal we saw. "there are clearly facts and evidence that show collusion by the trump campaign with the russians, at least individuals involved in the trump campaign. we are nowhere near the end of this investigation. there is a lot more to be known." obviously, there are congressional investigations going along with for the special counsel. this is the first time i have heard someone step up and say that they have evidence of collusion. >> we need to see that because we certainly haven't seen it yet. the one collusion evidence we have seen is the uranium one deal. if you really want to look at that clearly, the same month that the uranium one deal was accomplished, bill clinton was paid a half a million dollars.

for just one speaking engagement. five times as much as the russians spent on their famous facebook ads and half of those ran after the election on half of those were pro-hillary ads. it's astonishing that sometimes we get all twisted up and millions of dollars, the foundation coffers, and if you really want to look at collusion, they are it is. you can't avoid that. i would just challenge it senator blumenthal to show us is evidence because you know, i think some of these guys should have been looking for usama bin laden a lot sooner because they are finding something where no one else can. >> shannon: we know that the house has lodged investigations in regards to the dossier, uranium one. we look forward to having you back. >> congratulations. >> shannon: good to see you tonight. >> shannon: for 11 minutes today, president trump's twitter account disappeared so if you try to view it, instead you got this message is saying, "sorry, that page doesn't exist." you can imagine with the

president, having more than 41 million followers it, twitter lit up, speculated as to what happened. twitter issued a statement to explain, sing the president's account was inadvertently deactivated due to human error by a twitter employee a. just now, we got another follow-up, twitter says, another poster said it was done by a customer support employee who did it on my last day. that is one way to go out. twitter said is under investigation and steps are being taken stop that from happening again. as president trump repairs to head to asia, there are growing calls for the administration to take tough new steps against north korea. our next guest, house affairs chairman ed royce he said there chairman ed royce he said there is no excuse for any delay any

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>> shannon: we are getting reports of renewed outrage from north korea on the eve of the presidents to departure for the pacific rim. north koreans claiming that trump has ordered bombers to stage a mock nuclear attack on the hermit kingdom. it caused panic in pyongyang. it did run a joint mission with the south korean air force involving the one from guam. ed royce has called for a supercharged response to north korea. is this what you had in mind,

mr. chairman? the flyover today? it sounds like we are demonstrating a show of force. >> shannon, let me explain that we are in a situation right now, and we got details about this from our hearing yesterday, where we have the highest ranking minister from north korea effort to testify, or defect or effort to testify before congress, about how close they are, and we know a lot about the threats they are making to the united states. we need a credible deterrence that sends the message that no, we are serious. this concept that they have of threatening the united states, we have to take decisive action now. part of that is going to be this upcoming trip to try to cut off the currency that north korea needs to build out its nuclear weapon system and missile system. we have an opportunity to pressure north korea and cut the funds often chat on that program. >> shannon: the president spoke earlier today with

laura ingraham about what actions are being taken in regard to north korea. >> most people have been saying, whether it is cutting the banking system from north korea, cutting the oil down, cutting supplies down, and i must tell you, north korea is a thing that i think that we will solve and if we don't solve it, it is not going to be pleasant for them, not pleasant, i guess, for anybody. china is helping us. >> shannon: mr. chairman, how convinced are you that china is on board? >> china has helped us in some ways but have not thrown themselves into this with the enthusiasm necessary to cut off and isolate north korea in the way they could. the importance of this trip, at this moment, is that we have to have their full compliance. i passed legislation mandating this. if we are going to open our markets as we have two chinese goods, they have to freeze the accounts with north korea.

we forced this once before in 2006. we've got to force that issue. we've got to do it now. part of the diplomatic aspects of this is to make it clear what the consequences would be but also like it is not in china's interest to have north korea go rogue with this capability because then, japan and south korea are also going to develop a nuclear weapons program. the genie will be out of the bottle. >> shannon: i know you think that we should be pushing to add north korea back to the list of state terror sponsors and that will give us more tools to work with them. but how worried are you at this point that we are headed toward some kind of military showdown? >> at this point they don't have the capability, right? now is the time to cut off the ability for them to have to billions of additional dollars they need to build out the program, to miniaturize the weapon, to put it on the icbm. according to our defector, our

minister who testified, if we listen to him, he says they are on the cusp. and i think he's right. they are very, very close. so now would be the time to have their dictator not able to pay his generals, not able to pay to maintain -- when we put those sanctions on an '06, a judge on the production for their missile program. it shut down their missile capabilities and it shut down their ability to pay their officers. that is not a good position for a dictator to be in and that is, if we press trying on this, and give them that choice, business with the united states for these financial institutions and cut off those accounts, or no business, outlook, that does the kind of hard diplomacy we've got to do. >> shannon: we'll be watching to see. the president, as he navigates these relationships. thank you for joining us. i had a president trump's visit to east asia, his daughter

and top white house aide, ivank ivanka, is in japan, talking female empowerment in the global economy. >> all too often, our workplace culture fails to treat women with appropriate respect. this takes many forms, including harassment, which can never be tolerated. traditional and rigid business culture also fails working mothers and fathers. >> shannon: at the white house says that she will be heading back to the u.s. before the president arrives there to deal with tax reform packages. coming up, it is another unexpected problem for president trump top man on tax reform. up next, we will talk to treasury secretary steve mnuchin to the next challenge to the president's blockbuster

>> shannon: trouble developing for president trump's economic team. treasury secretary steven mnuchin uneconomic advisor gary

cohen. president trump heading to asia, leaving behind mnuchin and gary cohen to put out the fires or else. >> if i have any problems, i will be blaming mnuchin and manafort. believe me. they'll be hearing from me. >> shannon: president trump said he wants to lower individual rates for low and middle income americans. keep the highest tax bracket at 39.6%, and lower the corporate tax rate to 20%. tonight, i spoke with treasury secretary steve mnuchin about all of that. >> shannon: the president said that he is holding you responsible for getting this thing done. they could only lose 22 votes to get this moving in the senate said it's working on a plan of its own that may be substantially different. how do you get this done and to the president's desk? >> i think we couldn't be more excited about where we are. we have been working with the house and senate leadership since the beginning of the year. we have everyone very close on

the same page. we are thrilled that the house came out with their vision of the bill today. i think this is a great step forward and we are committed to getting this to the president and having him sign it in december. >> shannon: no surprise to democrats, they did not like it. you'd be shocked if you didn't hear from them. i got a slew of emails, middle class families will be taxed more both now on student loans, mortgage interest, medical expenses and later in the billions this plan will add to the federal debt, and an end os as a rule against moving forward with a partisan plan to raise taxes on workers and middle-class families in order to give a massive tax cut to the wealthiest americans and biggest corporations. nancy pelosi calls it a ponzi scheme. she also says this about what the plan will be in her estimation. >> we are awaiting an anticipation to see what further harm the republicans will do with their deficit increasing job killing tax cutting for the rich bill that they are going to

present. >> shannon: do you expect to get a single democrat vote, mr. secretary? >> i think we will. as you know, what the president has been focused on is a middle income tax cut and making our businesses competitive. that is good for american workers, that is good for american jobs. as you know, we have had several democrats traveling with the president and he's been out on the road and i would expect that we would get some votes. >> shannon: how much pressure do you think is on the democrats who obviously are facing, many of them, tough reelection and red states? is that enough of a motivator do you think? they don't want to be the 50th photo but if you can get to a close to that mark, will they stop up? >> i won't comment on them specifically. i think the issues we are talking about our god for america and i think the democrats will understand that. issues like we've had today were the democrats are coming out and saying this is a tax increase for metal and glass americans, that is just not correct. as people understand the facts,

if this is what we are focused on, something good for the middle-class, good for jobs, making business competitive. >> shannon: there seems to be skepticism on other parts of the hill, as well. this is what senator corker, obviously a member of the g.o.p., had to say about how he views this thing playing out. >> there has been a general atmosphere change since the election, where we used to care about the deficit issue and it feels like we have entered into a party atmosphere here now, where let's cut the amount of revenue that comes in, let's spend more money. >> shannon: what about cutting spending? >> i think first of all, senator corker was very helpful in us reaching the compromise to get the budget passed. as i have gone through the numbers with him, the trillian and a half dollars, we believe that as a trillian once you get down to the policy. we believe there is growth. we are focused on creating huge opportunities for americans,

huge growth, and creating additional revenues to pay down the debt. >> you know there is a very specific need all that you have to thread to get this through. if you will do this with reconciliation, instead of just a single majority, do you believe that the structures of what you are seeing so far from the house and from the senate, will be able to maintain those guidelines where you don't go too far with the deficit if it doesn't work out over ten years, those kinds of things? >> i do. i think it's an important first step in the process. the house putting out the actual bill with all the details. they will have discussions in committee, the senate is also working on their version. we hope to get this passed quickly in the house and the senate and go to conference and get it to the president's desk. >> shannon: what he think is going to happen with the rollback of the state and localu continue to hear about new jersey and new york, key members. you can lose some of them but many of them are saying there is

no way they will be persuaded because for their constituents, it is too much of a haircut. >> we worked very closely and we've had a lot of discussions with them. i am sympathetic to those areas. let me just explain, for middle-class people, in those states, they will be tax cuts. for rich people, people like me, the president and others, we will get tax increases and that is what we set all along. the president has said what we are focused on is cutting out the exemptions, civil find attacks, and what he wants to do is a middle income tax cut and to the extent that in those states, the taxes go up on the rich, we understand that, that is what we need to do right now. >> shannon: we'll see where those numbers are as we get closer to actual votes. we know there are markups to come. in the meantime, mr. secretary, thank you so much for spending time with us. we appreciated. >> thank you very much. good seeing you. >> shannon: will preventing long wall terrorists, some say it's almost impossible, but our

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>> shannon: president trump doubling down on calls to terminate the diversity visa program, sing the terrorist suspect brought nearly two dozen people under the program into the u.s. with him. at a meeting, the president pivoted from discussing the tax

reform package to focusing on his plans for bolstering national security by getting rid of that lottery system. >> this program grants visas not on a basis of merit, but simply because applicants are randomly selected in an annual lottery. and the people put in that lottery are not that country's finest. >> shannon: the latest terrorism attack raising questions about lone wolf attacks and whether they are on the rise and if anything, more can be done to prevent them. here to talk about this, is a new jersey representative. good to have you with us. >> thank you. >> shannon: listen, a lone wolf, doesn't he have any contact formally with any kind of terrorist body, this guy we are told according to the chargg documents, had thousands of disturbing pictures, videos, all kinds of things. how do we get to that person? >> i think it is about making sure we are vigilant in coordinating. i have introduced legislation which does two things. one, and make sure that law

enforcement has tools to freeze assets of suspected one wolf terrorists. >> shannon: how does that work? is it upon arrest? what is the due process? >> just like we had the ability to freeze international terrorists, we want to make sure we have the same tools to freeze assets of domestic one wolf terrorists. we want to stop the money and the resources. how do you make sure that you work or coordinating? law enforcement is coordinating so you can be vigilant. when you see something, something suspected, we can be over it. it's multilayered, we need to work with communities and this is where law enforcement has done an incredible job. my cosponsor of the legislation is a republican come , and it'st making sure that you are able to see across the board and stop before it happens. you can't stop everything but we do have every tool in the arsenal. >> shannon: you are a democrat. does it feel like one of those issues where there is bipartisan

agreement because it's a life or death issue for americans every single day? >> it is one of those clear bipartisan issues, protecting our countries and families and communities, nothing democrat or republican about it. the oath we take is to protect and i think it's essential. we need to be vigilant. i live in the shadow of where the towers were and i will tell you that this is one of the issues when i talk to people about it, they never bring up their party, they say are we doing everything possible. >> shannon: i want to redo a couple of tweets from the president. you know his twitter account was shut down briefly. "i'm calling on congress to terminate the diversity lottery program that present significant vulnerabilities to our security. we need to make america safe. #usa. "where can you work with the president? >> this is an issue that we have seen that has been addressed in a bipartisan way as a part of

comprehensive immigration reform. we need to have secure borders to make sure that we are vigilant -- >> shannon: would you pay for a wall? >> i think we need to have security, and there are many ways to get there. i'm not sure that the answers what he is proposed. there are plenty of solutions, and we've seen historically been tough. i think we need to make sure that we are doing everything humanly possible, the only people that are in america are people who want to be here and should be here. >> shannon: there are bad guys you want to come here. very successful. >> for only the right reasons. >> shannon: what do you think of the travel ban? we have three different -- >> if you can follow all the travel bans, you should get an extra degree. i think this goes back to the same point. you need to be vigilant and do everything possible to screen and that means tough borders and tough checks. i don't -- i can't find anybody who doesn't believe in that. we want to protect our families

and communities. it is why the faster act seems to be a quick thing, step we can take to add tools to the arsenal. >> shannon: i know you were in the middle of the tax aggressions, as well. we'll have you back. it would be another place that if there could be bipartisan agreement -- >> i would love to find that solution. i am for tax cuts, not for raising taxes. this first part, it will raise tax on average and everybody and that is not okay by me. >> shannon: come back and talk to me. good to see you. i had, a legal cross to bear. should the century old war memorial be taken down because of its symbolism? we will go to "night court" and you can decide next. ♪

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>> shannon: in tonight's "night court," we present the stories do you come by the jury. a church versus state showdown. a case-by-case approach to first amendment cases, it's upheld tax exemptions for churches and mentions of god on u.s. currency. but it's also banned government-sponsored school prayer and imposed limits on schools. now, it may so-called peace cross in maryland, a federal appeals court has just ruled

in favor of the american association, which wants removal of this cross, erected almost a century ago did honor those who died serving this nation of world war i. it is on state land and maintained with taxpayer funds. 1 of hundreds of these kinds of memorials featuring what opponents argue are solely christian symbols. critics say that's the problem. >> this country it is a diverse one. we have buddhists, hindus, nontheists, we always have had a percentage of our population, minority religions. so representing those who have fallen with a monument that is only representative of one faith is just not universal enough. >> shannon: first liberty institute, defending the veterans group that helped maintain the memorial, it's going to take this issue all the way to the supreme court. good to see you tonight, jeremy. >> thanks for having me, shannon. >> shannon: you lost this case a couple of weeks ago.

i want to read about what the fourth circuit had to say and why they decided that cross, a century old, put up by people who raise money in the community, has got to go. they said the monument has a primary effect of endorsing religion and excessively entangles the government and religion. the latin cross is the core symbol of christianity. 40 feet tall, prominently displayed in the center of one of the busiest intersections in maryland, just outside d.c. maintained with thousands of dollars in government funds, therefore we appalled of the purported war memorial breaches the wall of separation between church and state. this essentially is on state land, using government money, running christianity. why should it stay? >> the funny thing about it, back over a hundred years ago, moms that had their sons died in world war i, 88,000 men from america died in world war i, these moms got together and partnered with the american legion and they were the ones that started this whole project. these gold star moms started the project up and we are working

with the american legion at first liberty.org to make sure this cross, cross-shaped memorial, stay standing. we want to continue to keep the faith of these mothers that fought so hard to honor their sons, the 49 men in prince george's county, maryland, we should honor their sacrifice by having this cross shaped memorial. >> shannon: the group that wants to take it down, they say it has got to go. it won't be moved. my understanding is that it will be destroyed. >> that is frightening. think about how close we are to arlington national cemetery and what that will mean, where we have the argon cross, the canadian class of sacrifice, if this decision is allowed to remain, those memorials over there also are likely to be targeted, as well. we need to continue to stay defending this cross, in maryland. we forget things that we don't see. that is why we have these memorials. this has been standing for 90 years without complaint, honoring those 49 men who died defending freedom overseas. i reminded of one of the

mothers, one of the very first mothers to turn over that of dirt and the ground to build this memorial. she said i can't go to my son's grave overseas. i very much view this as my son's gravestone. for that woman alone, we need to remain and keep this memorial. >> shannon: opponents view this as a religious symbol on secular land admits using taxpayer money to maintain it. could there be a solution with the states ceding the land, letting it being available for private purchase? good private groups funded? >> all be enough, it was on private land. and then when the highway got too big -- the national defense highway -- a world war i memorial, when i got busier, they expanded the highway, they made sure it stayed standing there and routed the traffic around it. it has always stood as a private memorial, something that was started by private individuals and had been preserved to defend

the honor and the memory of these men of maryland. >> shannon: you have applied it to have the full fourth circuit we hear it. if they say no, i assume that you will go further. >> i encourage you to stay in touch at first liberty.org. >> shannon: thank you very much, jeremy. up next, how visiting a sacred place can become controversial in this day in age when everything gets politicized. ♪ ♪

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>> shannon: it's a few minutes before midnight on the east coast, just before 9:00 p.m. out west and here's what's happening. president trump is preparing to stop in hawaii on route to asia, as you recall, after the election last year. but before president trump took office, president obama visited the memorial and made a speech standing by the sunken battleship memorial. a graveyard for sailors lost on the onset of world war ii. president obama said we must resist the urge to demonize those who are different, fair or unfair, that was seen by many in the media as a rebuke of the

incoming president's worldview. we will be there alive when president trump visits the memorial this hour tomorrow, during the ceremony for those heroes >> looked like president trump was proven correct. hillary was always crooked and the system was always rigged. >> it's illegal and unfair to bernie sanders. >> this is a real problem. we have to hold the party accountable. >> terrorists continue to plot against the united states. we cannot disarm ourselves. >> this plan is for the middlele-class families for the country that deserve a break. >> the republicans, written in the dark that raises taxes on the middle class. [laughter]