tune in each night at 8:00 to the show that is the sworn enemy of lying lying, pomposity, smu, groupthink, and the james comey memos about how he has leaked but he doesn't leak. that is it from us. sean hannity will have lots more on this, no collusion. sean is here to bring us up to speed as this story breaks. >> sean: absolutely zero. this is the busiest breaking news night we have had in well over a year short of last friday. welcome to "hannity." we'll get to my opening monologue, extensive. so much news today. first, fox news has now obtained a redacted version of the comey memos that were just handed over to lawmakers and joining us now live in washington with all of the details is our chief national correspondent ed henry. i heard ironically, it says, oh, i am not sneaky, i don't leak. okay. >> this is remarkable, sean. one of the comey memos is james comey putting together the

details of the late january 27 7 dinner with the president. we've heard about this before. it was leaked to "the new york times" and has since been confirmed that the dinner took place. yes, what is new tonight is that james comey himself says that he told the president in terms of whether he may stay on as fbi director, this is a short time before he was fired, he says, i don't do sneaky things, according to the memo james comey road. i don't leak. he says the fbi gets a lot of the blame, but i think they leak very little. people inside the fbi. how ironic, sean, these numbers are coming out on the day when the president's sweet thing abos james comey has leaked classified information. by the way, that memos i have are redacted. the ones that we are obtaining tonight. because we believe there is classified information in what comey put together and then leaked out through a professor friend to "the new york times" and elsewhere. rumor, republican charles grassley has had at least four of the seven memos that we are

looking at tonight have classified information. also these mamas coming out, james comey in one of them again, saying the fbi doesn't like, i don't leak. this is coming out on the same day that comey's number two at the fbi, andrew mccabe, is facing a criminal referral that has just been sent today by the nonpartisan inspector general at the justice department to the u.s. attorney here in washington for criminal charges for andrew mccabe four, yes, leaking information to the media against the wishes of the fbi, number one. number two, more importantly, lying to fbi investigators about that. mccabe today says he will be vindicated come he doesn't think he will face charges. that is an ironic twist. i want to note another quick thing, which is that there is a point in here where comey recaps that january 2017 dinner and he says among other things, the president was talking about "the extraordinary luxury of the white house, which he favorably

compared to mar-a-lago," of course his estate in palm beach. why did i mention that? remember, the story that came out of sync with the president had allegedly said that the white house is a dump, he can't stand it, not as good as his properties. the president said this is fake news, i never said that. james comey now and one of these memos, sean, a single president at dinner said the white house was quite luxurious and better than mar-a-lago. i don't know what version of events you can believe. finally, i am going through these pages, about 14, 15 pages of comey memos. there is not a piece of information from james comey that suggests there was any russian collusion or that he talked to the president about that and i'm talking, just got off the phone about five, 10 minutes ago with a top congressional aide who received the unredacted, some of the unredacted versions, saying that there is nothing new on collusion and nothing new on obstruction. this is remarkable that early in the comey book to her, as he faces questions about his cando

candor, the memos are not coming out. they don't seem to have blockbusters, sean. >> sean: i can also confirm that when i first interviewed the president after he took office, he said to me, the most luxurious place he's ever been end. that is a fascinating tidbit. also, 18 usc 793, which we have been informing this audience about, you cannot leaked classified information. great report. we'll check in with you. also tonight, such a busy newsnight, there are reports tonight deputy a turn on rod rosenstein has to the president, he is not a target al counsel's investigation and in the probe of his personal attorney michael cohen. that would mean, no trump-russia collusion, as we have been saying. is the media paying attention? also brand-new tonight, rudy giuliani, other lawyers, joining the president's legal team.

plus also tonight, the doj's inspector general sends a criminal referral for a former fbi deputy director andrew mccabe to u.s. attorneys in washington, d.c. this just happened today. this comes as mccabe's old boss james comey is saying he could in fact be witness and that potential criminal case. after almost a year of trashing president trump, james comey is now suddenly changing his tune. we have the tape. the former fbi director is playing dumb about the clinton email investigation. we have that tape. he won't believe what he is now claiming. we'll play all of that and so much more in tonight's breaking news opening monologue. ♪ buckle up, this is a busy newsnight. we start with crushing blows for the radical left and i destroy trump media. according to reports, the deputy attorney general, rod rosenstein, has told the president last thursday he's not a target and that mueller russian probe or the separate investigation into the

president's personal attorney michael cohen. rod rosenstein voluntarily share that information with the president during this meeting at the white house last thursday and this comes as president trump shot down wild rumors and speculation that he will fire robert mueller and rod rosenstein. this has been going on for months. these developments are good news for the president and a major setback for the conspiratorial media and liberal democrats in this country. for over a year, they have been saying that there is a major bombshell evidence of trump-russia collusion. one problem. it doesn't exist. and that is confirmed in force tonight. it's all but one big giant farce, total fabrication corporate conspiracy theory, just designed to smear and delegitimize the president of the united states. as we are seeing, he continues to fall apart. another key development we are following tonight, the president is adding some very serious firepower to his legal team.

former new york city mayor rudy giuliani and two other key attorneys have been added. rudy giuliani told "the washington post" that he is coming aboard because he hopes to "negotiate an end to the russian probe for the good of the country." amen because the american people, all of you, deserve better that mess. as a crucial move because as we have been telling you, robert mueller, his merry team of democratic donors, he needs to stop this ever-expanding insanity. russian collusion now has evolved into stormy daniels, this madness has to end. also tonight, the former fbi deputy director andrew mccabe, he is in some serious legal trouble. the doj inspector general has issued a criminal referral for mccabe after finding that he lied under oath three times in an investigation about media leaks. jim comey, are you paying attention? even though the evidence against him is overwhelming, mccabe's legal team is firing back with a statement that reads, "we are

advised within the referral within the past few weeks, although we believe the referral was unjustified. the standard for an i.d. referral is very low." we've met with staff members from the u.s. attorney's office and we are confident, unless there is an appropriate pressure from high levels of the administration, the u.s. attorney's office will conclude that it should declined to prosecute." here's the problem with that statement. the investigation into mccabe had nothing to do with president trump. this is the doj inspector general, his name is michael horowitz. get used to that name because he will hear a lot about it in the next few weeks. he independently reached the conclusion about mccabe lying and he was appointed by president obama. this part is key. mccabe's old boss and his friend james comey, he is now admitting that he is the ones that kick started the entire probe against andrew mccabe. not donald trump. comey is also saying that he could end up being a witness and a possible criminal case against

andrew mccabe, his number two at the fbi. look at this. >> if they ultimately bring a case against andrew mccabe, would you be a witness for the prosecution? speaker potentially. i don't know whether the reporting is accurate. i don't know what of my own accord. given that the ig's report reflects interactions that he had with me and other fbi senior executives, i could well be a botanist. >> sean: who looks like mccabe is clearly channeling his inner hillary clinton and pretending like there's some conspiracy up to get this guy but it was his own friend, his boss, number one, he was number two, james, he is not sticking . president trump is weighing in on this on twitter. he said james comey just threw andrew mccabe under the bus. inspector general's report on mccabe is a disaster for both of them, getting a little -- a lot -- of their own medicine." speaking to hillary clinton, this could be a very bad sign for her and other obama deep state actors. as as we explained last night,

nearly a dozen g.o.p. lawmakers, they sent a criminal referral to the doj and the fbi demanding investigations into possible crimes committed by clinton, james comey, andrew mccabe, loretta lynch, peter strzok, lisa page, and other obama era officials. it's a massive story. take a look at the side of your screen. these are the criminal charges that they are recommending for just james comey. they sent a letter to the fbi, they doj, u.s. attorney john huber laying out a pretty case against the former fbi director. we've warned him, don't write the book of not go on a book to her. they explained how comey fixed for clinton email investigation, again, remember, how long have we been telling you? exoneration before interviewing hillary clinton at 17 other key witnesses. it doesn't work this way. these lawmakers lay out how comey gave conflicting testimony under oath, possibly committing

perjury, and admitted to having a friend who leaked the information about his know most of "the new york times," which in light of the comey memos just released, he said, i'm not sneaky, i'm not a leaguer. he admitted that he leaks. the lawmakers are also referring criminal charges to hillary clinton over the scheme that she used while funneling over $12 million to fusion gps through a law firm that hired a foreign national. not supposed influence our election, christopher steele. he is the one that used and created the unverified, uncorroborated dossier that was full of russia and russian government lies and propaganda, all in an effort to mislead you, the american people in the lead up to an election. criminal charges are also being recommended by these lawmakers for former attorney general loretta lynch threatening the uranium or an informant. he was almost show with reprisal. anti-drop fbi lovers, peter strzok and lisa page, they are also being referred for criminal charges. this congressional letter is

also asking andrew mccabe and other obama deep state officials, those involved in the dossier, the investigative for possible criminal conduct. finally, james comey's media circus is turning into what is an unmitigated disaster for the disgraced former fbi director. just this weekend, comey was trashing president trump to clinton sycophant, bff george stephanopoulos. remember this. >> you're right that president trump is unethical. untethered to the truth. he's donald trump unfit to be president? >> yes. not in the way i often hear people talk about it. i don't buy the stuff about him being mentally incompetent or early stages of dementia. he strikes me of a person of above average intelligence whose tracking conversations and also was going on. i don't think he is medically unfit to be president. i think he is morally unfit to be president. a person he sees moral equivalence in charlottesville, who talks about entry and trean

like they are pieces of meat, lies constantly about matters big and small, insists the american people believe it, that person is not fit to be the president of the united states. >> sean: after being called out ridiculous petty, cheap shots, comey all of a sudden, he's beginning to change his tune. take a look. >> you write that your experience will give you a lifelong hatred for bullies. do you think president trump is a bully? do you hate him? >> i definitely don't hate him. there are things he does that make up uncomfortable and are inappropriate that are in some ways like a bully-like behavior. i don't hate donald trump. i don't even dislike donald trump. >> sean: comey can't seem to make his mind up. they guy spent the last year slamming president trump including mocking his appearance in every way imaginable and now we're supposed to believe that comey when he tells us that, he doesn't hate the president? does he think we are that dumb? is a massive contradiction for

james comey. it's not the only confounding answer this guy has given. here's comey claiming that he's never been asked of hillary clinton obstructed justice in her email case on a radio interview in d.c. this is unbelievable. take a look. >> why wouldn't smashing cell phones on the destruction of thousands of emails during an investigation clearly be obstruction of justice? >> that is a great question. at the first time i've been asked that. the answer is, it would depend upon what the intent of the people doing it was. lots of people smash their cell phones so they are not resold on a secondary market and your personal stuff ends up on somebody's hands. if you smash your cell phone, knowing that the investigators want it and they have a subpoena for it for example, that is a different thing and can be obstruction of justice. >> the law requires intent? >> yes, not just intent, the prosecutors demonstrate corrupt intent. >> sean: seriously? he was never asked if clinton

and her team obstructed justice? really? okay. try this. subpoenaed emails, subpoenaed. imagine, then, if we have to worry about intent, after the subpoena, you delete 33,000 emails. you use acid wash, bleach bit, which most americans have never heard about. then someone on your team smashes your mobile devices with a hammer. after the subpoena, there was no intent? good luck to any of you that try that with any court or prosecutor in the country. i don't think it's going to work out well. comey is either totally and completely incompetent or he must think we are fools. this is why so many people have been calling for an unbiased investigation into what hillary clinton had done here. do we have equal justice under the law? equal application under the laws? korea constitutional republic? here with reacted, the the author of "trumped up" ," harvad

law professor alan dershowitz. fox news legal analyst gregg jarrett. welcome back, both of you. gregg, i know you have been pouring through all of these memos. what is remarkable, i think, is what ed henry picked up on. "i'm not sneaky and i don't leak." okay. apparently he's sneaky and he leaks. >> we know he's sneaky and he leaks. so that was a lie that statement. two things that jump out at me is that the president expresses that he's got this russia cloud hanging over him. can you look into it? clear it up. lift the cloud, because if comey had told the president, he did not find any wrongdoing on his part. when the president says, please lift the cloud, comey says we are running a town. the other thing that strikes me, there is absolutely no evidence of any obstruction of justice. this is a recounted conversation as his testimony.

there is nothing else and they are, no red flags, no smoking gun that would incriminate the president, and so as trey gowdy, who had see that several months ago said, it's the best exhibit a defense of president trump. >> sean: let me go to professor alan dershowitz. you are always welcome on the show. whether we agree or disagree. i have deep respect for you. i know we disagree on a lot of the hillary part of this. i will be glad to get into that. but let's first go to the leak. that is a crime, if we are going to be technical, 18 usc 793. gregg jarrett, you've taught me a lot in the last year. number one, when you couple this, nothing about russia collusion, rod rosenstein's statement of the president, that he is not a target, in either case, the new york case or mueller's case. to some to not put emphasis that there is no collusion whatsoeve? >> collusion is not a crime.

i've seen no evidence of collusion. obstruction of justice can be charged against a sitting president for exercising his authority. on article two of the constitution. but if i were the president, i would be concerned about the southern district of new york, which is probably why he brought rudy giuliani onto his team, who was this former attorney in the southern district of an attorney. as i have told people for 53 years, you can't trust people to not flip if the government charges them with serious crimes. the pressure is intense. and then, the pressure is not only to sing, but to compose, because what happens is a witness knows that he'll get a better deal if he can elaborate, if you can make up stories, if he can tell the government what the government wants to hear. that may not always be the truth. so i don't think that

president trump is out of the woods yet. i think he has to be concerned about the southern district of new york. i don't think he ever had any real vulnerability from a special counsel, investigation of the russia thing. i will tell you, all the stuff that is coming out now confirms what i've said from day one. there should have been a nonpartisan national commission of experts looking into the entire 2016 election, faults on all sides, what was the effort, what did they do, what did each of the candidates to come but without recrimination, just to avoid a repetition of this in my future, when you start looking for crimes, you don't end up getting the truth. >> sean: devin nunes warned everybody. it was public. an op-ed in the washington times that russia was going to do this. if you remember just a couple of weeks before the election, it was president obama saying, no serious person would ever believe that any foreign entity

could ever have any impact on our election and lectured donald trump to stop whining. >> president obama tried to have an impact on the election of benjamin netanyahu. i have absolutely no doubt -- >> sean: thank you. you're the only one who said that. >> he tried to get him on elected. the united states has tried to influence foreign elections, going back years and years to central america and south america, so of course we should be concerned about the russians trying to influence our elections. what we did is nothing compared to what the russians tried to do. whether they succeed or had an impact, i don't know, but i do think this is a national problem that all americans should be concerned with on a nonpartisan basis. >> this is something of the russians have always done. >> sean: this is a nonpartisan comment. that is why you can't take classified, top-secret special

access programming information, and to avoid congressional oversight, put it on a mom-and-pop shop server that comey even wrote in his original exoneration of hillary clinton, that we believe probably russia, foreign intel agencies got a hold of. let me ask you about this criminal referral today of andrew mccabe and the fact that a comey could be a witness against his own number two. >> you've got to comey that says that mccabe is a liar, mccabe says that comey is a liar. someone is a liar and maybe both of them are liars. >> >> or none of them. >> although, i must say, that today, the inspector general said that the lies of her "new "knowing unintentionally made" and they have evidence of that. very powerful language. i would expect that mccabe would be charged, may be as many as four different charges for four different lies. and comey may soon be sitting

nearby in another court room facing his own charges. i count at least six potential criminal statutes that comey may have violated. >> sean: you agree with congressman desantis' letter. did you agree with him on that? >> absolutely. he nailed the law, and exactly the same fashion that you and i have talked about for months and we put on the screen all the different statutes, desantis on the other members of congress cited the same statutes. >> sean: one question to professor dershowitz. we are almost out of time. this may be as an area where we do disagree. i urge you -- i know that if i had subpoenaed my server and my emails and i deleted, after subpoenaed, 33,000, acid wash, clean the hard drive with bleach bit, and bust up devices with hammers, that to me shows

full intent that should fill the full mandate. more importantly, i think you will agree with me, professor, that as a civil libertarian, that when hillary clinton pays for a dossier, through literally a foreign agent that they hired through perkins coie and funneled the money using fusion gps, they had no one corroborate the information, presented to a fisa court, they don't all the fisa court judge that an opposition party candidate gave it to them, that is -- we lose our country in my view, professor, if that happens again. is that dangerous. >> i think failing to give the fisa and from court all the negative information so could ee the credibility and lack of credibility for that request for the warrant was a serious, serious flaw. when you list the statutes, you make my point, under a federal criminal law, almost anybody can

be charged with anything if you look hard enough. on the area of perjury, remember scooter libby. i believe he told the truth. somebody else told a different truth. they prosecuted him for perjury. that happens more often than anybody thinks. you have to be very worried about expending the criminal law and targeting people based on this accordion-like criminal law that every several libertarian should be concerned about. >> sean: well said, professor. by the way, you are always welcome, even if you want to yell at me. >> i wealth when i think you deserve it. >> sean: oh, i know. i am very well aware. thank you, sir. i appreciate your insight. gregg, thank you. joining us with more of our top story, comey's mom was just released, we have copies, fox news contributor sara carter. civil rights criminal defense attorney david schon. a sara, number one on the release of the memos, number tw, to your credit, you have been saying this criminal referral as it relates to andrew mccabe

has been coming for quite a while on the show. >> we've been reporting that for some time. the facts stand on their base. if someone is caught lying, particularly to the fbi, and he is the deputy director, was the deputy director of the fbi, he got caught in lies. i think as is stated by the inspector general today, very clearly, he knowingly lied to. intentionally lied to. and that is something that he is going to have to deal with now. as for the comey memos, i gotta tell you something jumped out at me right away as i read this. it was january 6th when they went to trump tower, he talks about clapper, james clapper asking him to brief the president-elect on dossier privately, remember, it is clapper that congress believed allegedly leaked the information to cnn that broke on the 12th of january, 2017, about the

dossier. cnn and a lot of other news agencies actually had this dossier and didn't want to run with it because it was salacious, it was unverified. they didn't want to do anything with it. until they briefed the president, that was where they built a foundation so that the dossier could be leaked to the public. another thing, comey did not -- comey did not, and form the president that they were using this dossier to investigate him. >> sean: fizzes the ironing. used as the basis for the fisa warrants in october. he knew it was unverified. he is admitting it in interviews this week. he didn't verify it. you use it before a fisa judge. david, why again do i feel, if anybody in our audience, if i did, you did it, sara did it, we'd be locked up. you don't lie to a judge. those four fisa judges, i would be apoplectic. i want to know what they think

tonight. >> i would imagine the fisa judges are outraged and they want a lot more information. in any circumstance, a prosecutor is not permitted to lie or a much evidence, information were getting a warrant. but the fisa court of all things, since 1978 has been recognized as the exception. as a secret court. a court in which the government makes ex parte unilateral submissions. they must be above board, the full disclosure at all times. i will tell you this, the government is being a bit selective, strict comey and others, with what they want to disclose. another thing, those memos, the president asked about whether -- mr. flynn, comey said he would tell them but in the future there's a different different protocol. can't be selective and those kinds of disclosures. >> sean: what about rod rosenstein telling the president last thursday, sara, that he's

not a target and either probe? now, that can change. why would rod rosenstein volunteer that information and broad is releasing this now tonight. we still have 1.2 million documents we have been for that was subpoenaed by chairman bob goodlatte and others. >> let's start with the documents and then i will go to mr. rosenstein and what he did there. as far as the documents are concerned, i have been told that of the 1.2 million, 46,000 documents that pertain to these cases in particular, remember that the inspector general has asked for the whole of all the documentation, all the people he's investigating. sometimes that is all different cases, cases that may have nothing to do with this or emails that may have nothing to do with those. of those documents, of those 1.2 million, it's 46,000 of that, congress has only received

all 3,000. they have every right to be obsessed. as for mr. rosenstein, why did he tell the president that? right now we have seen a lot of tension between the white house and department of justice. maybe mr. rosenstein is trying to give the president for making a move that he thinks he might make. which is maybe firing him. that could be one reason. >> sean: unbelievable. the president said he wouldn't. that is another thing, we got to go with of the president said, he has no intention right now firing him, they are both still working there. attorney general jeff sessions as well as rosenstein. >> sean: last word, we have breaking news and a second. go ahead. speak of the subject he raised earlier. sara carter's article yesterday about congress' referral, mr. clinton et cetera, very important. we are seeing constitutional structural lesson here. article one, the legislature now is flexing its muscle. for about how mike anyone who says they don't do anything, they are taking an active role. the president is being laid back in the sense, as ironic as that sounds, he could be doing more

with this article circle power in the justice department but he's letting that run its course. congress is now taking an active role, very important constitutional listen. everyone should read that article. >> sean: great job come both of you. sara, thank you. ed henry is has not been pourig over these just-released comey memos. you were very quick to pick up, oh, i'm not sneaky, i don't leak, and we know better now. what have you got? >> i've got something new that's important. march 30th, 2017 memo from james comey. we've just gone through it. it is summarizing a phone call that call we had with the president of the united states. what is significant is that comey says the president was not trying to shut down the fbi investigation of collusion. instead, comey says the president wanted to find out if anyone in the campaign did anything wrong, number one, number two, wanted to comey, as

we've heard previously, not the newcomer wanted comey, the fbi, to go out there and say the president was not personally under investigation, because he felt like us was hurting him in domestic politics here, health care votes, but also on international negotiations. here's the key point. in this memo, comey writes that at one point, "trump said that if there was some satellite, comey took this to mean some associate, that did something, it would be good to find that out, but that he had not done anything, and hoped i would find a way to get out, that we were not investigating." this is why it significant. james comey in this march 2017 memo a sing with the president told him he wanted to find out if anything had gone wrong with collusion. he didn't do anything personall personally, the president insisted. of some satellite, some advisor, someone had done something wron, had contact with russia, he wanted to find out. the point being it would not be consistent with obstruction of

justice if you are telling the fbi director, please find this out, but oh, by the way, please also tell the public i'm not personally under investigation. >> sean: he's actually saying to them, if somebody did it come i want you to find it. he's not only not charting the investigation down, he's literally encouraging him to find the truth, which that is the smoking gun in the memo that -- >> not according to sean hannity, but according to james comey. >> sean: good point. every one of my guests, feel free, take a shot at hannity. alan dershowitz, ed henry. keep pouring through all of that. we'll come back to it. great job as always. ed henry in washington. joining us now on these latest developments, he is the host of crt bees "levin tv," the host of "life, liberty and buy levin," e

president and the of the united states, comey is saying he did not shut down the investigation, the associates, satellites, people that are around me that did something inappropriate, i want you to get to the bottom of this. i don't think it gets any more exculpatory than that, mark freyd speak of these memos actually help the president. there's nothing incriminated in them. it took 25 minutes to do as best i could and read through them. to see these redacted areas? the incriminated comey because he said he didn't release classified information. at the bottom of a number of these pages, it says "classified." comey said he did not classify information so he's got some explaining to do. i have gone through this, the president is furious about these allegations about prostitutes,

he continually denies it. i want to point out some become too, sean, which is this. today, the deputy attorney of the united states, rosenstein, told the president he is not a target in the michael cohen case or the russian case. let's get something straight. i was on your program back in july last year. i've got two memoranda. one, under the nixon administration, one under the clinton administration. the clinton administration memorandum is 39 pages long with a zillion footnotes. here is it says, here is what has been going on to your country. the memo is addressed to the attorney general of the united states for many office of legal counsel, which handles constitutional issues. a sitting president of the ability to indict criminal prosecution, the indictment or criminal prosecution of a sitting president would

unconstitutionally undermine the capacity of the executive branch to perform its assigned functions. page after page after page saying a sitting united states president cannot be indicted. now my question is this. if they issue another memo out there at the justice department reversing these memos? no! no. mr. rosenstein, you are the deputy attorney general of united states. you've been overseeing robert mueller. you tell the president of the united states last week that he's not a criminal target. he can't be a criminal target under the memoranda that have been written by the justice department! moreover, justice department regulations require the special counsel of the united states to follow the rules, regulations, and "policies" of the department of justice. mr. president, don't you sit down with this special counsel. the special counsel doesn't have the power to indict you and for

good reason! let me read this one paragraph. this is from the clinton administration justice department. in 1973, the department concluded that the indictment or criminal prosecution of a sitting president would impermissibly undermine the capacity of the executive branch to performance constitutionally assigned functions. i'm hoping professor dershowitz is listening. we've been asked to summarize, review the information in support of that conclusion i consider whether any developments lead us to reconsider or disavow that determination. one more sentence. we believe that the conclusion reached by the department in 1972 still represents the best interpretation of the constitution. they are saying, mr. mueller's boss, mr. rosenstein's boss, unless attorney general sessions has rejected the department of justice's position that a sitting president cannot be

indicted, so what are we doing? >> sean: you know what they are doing. they are want to set up an impeachment possibility. that is why -- talk about monopoly or any type of board game, how do you go from past go all the way to boardwalk and park place if, in fact, now it is stormy daniels. i have a more important question. last night, congressman ron desantis and ten other congressmen sent criminal referrals for peter strzok and lisa page and mccabe andrew mccabe and comey at hillary clinton and these other people involved in this dossier. then we have the criminal referrals today for andrew mccabe from the inspector general. walk us through the legal aspects of this. where this heads next. i know you have called for the firing of the attorney general and he's a friend of yours -- >> no, i did not call for the firing. i said he should step down.

i don't really enjoy it. i've known him for 30 years. here's the problem. the deputy attorney general is out of control. the president of the united states has his shoulders branch of the wall. as the job of the attorney general to control the deputy attorney general. the attorney general was confirmed by the senate. he's a presidential appointee. this is what our constitution requires. an inferior officer cannot usurp the power of the attorney general as mr. rosenstein has done. i'm going to tell you something, there's a case that has been taking place in the paul manafort case. they went into district court and said mueller is exercising authority he did not have. this took place today. i don't know what this federal district judges going to do but you know what she said? they are making a fair point here. mr. rosenstein gave the special counsel such a remarkably broad powers that it may well be

unconstitutional. so let's sum up. for deputy director of the fbi may well be under criminal investigation because he's a serial leaker. the former fbi director may be a witness against his former deputy and the deputy may be a witness against the former fbi director who he says is lying. >> sean: okay. there's a couple of things. i want to go back to a question i asked professor dershowitz because this is important. everything that we now know about hillary clinton, you would be my best lawyer. i'd call you. you are my friend. you are the great one. i call you the great one. if i deleted 33,000 subpoenaed emails, acid watched the hard drive, beat the devices, had someone else do it, that would be destruction of justice. you know what, i know it, the american people know it. when comey and his trump hating buddy, peter strzok, where they wealthy exoneration before the investigation, we know the fix

was in. you don't write that in may and not interview her until july. you have a dossier, you hand that dossier to a foreign national, russian lies, to a fisa court judge and don't say who paid for it, and you don't verify it, mark, you have said this is a post constitutional america. these instances verify what you wrote in your last book has 100% accurate. these are scary times if you believe in the rule of law, equal application under the law, and the constitution. explain. >> this is the greatest scandal in modern american history. we have the highest echelons of the fbi and a lot of former fbi officials who are friends of mine because i've worked on the justice department, who are corrupt. i don't mean on the tape, i mean politically corrupt. you are seeing that play out now. you are actually -- the american people are getting a real taste of mr. comey and they don't like him.

you are also seeing the criminalization of politics. you are also -- we haven't even gotten into what the intelligence side has done. let's be honest about this. the democrat party nominated somebody who is under criminal investigation. mr. comey stepped in and protected her. hillary clinton is too stupid to realize that he protected her from being indicted. we could have had a candidate for federal office indicted. she clearly violated the espionage act, not once, but repeatedly. mr. comey says you need specific intent in a statute that talks about gross negligence. we had to specific intent. she specifically intended to have a server that was off-line, but they don't have a security necessary, she knew she would who classified information, and she knew she would -- mr. comey was a special pleader for hillary clinton and this is why the democrats hated him until

the second after donald trump fired him and then they could make their claim about russian collusion, obstruction of justice, and try to impeach him. >> sean: mark, thank you so much. the great one, you can see "life, liberty, levin." we love having you here at fox. let me read something quick from chairman goodlatte and trey gowdy and devin nunes. "the memos also show director comey never wrote that he felt obstructed or threatened while comey went to great lengths to set dining room scenes, discuss height requirements, discussed multiple times he felt complemented, a myriad of extraneous facts, he never once mentioned the most relevant fact of all, which was whether he felt he was obstructing the investigation." the biggest find was i ever own ed henry tonight who said not only did trump say, keep looking, even if its people next to me, keep the

investigation going. wow. the media will be eating a lot of kuro. we have a lot more to get to. stay with us. kellyanne conway is with us next. ♪ ♪ this is what getting your car serviced at lincoln looks like. complementary pickup and delivery servicing now comes with every new lincoln. i won. giving you, the luxury of time. that's the lincoln way.

♪ >> sean: welcome back to "hannity" prayed in just a second, we'll be joined by kellyanne conway. i want to read this from a statement on comey memos. a number of points they make by the former director shows the president made clear he wanted allegations of collusion, coordination, and conspiracy between the campaign and russia, even associates of him, investigated. that doesn't sound like somebody's trying to stop an investigation. as a matter of fact, he sang, keep going, even if they're

close. this memo also said that the former director never said that he felt obstructed or threatened. here is another great point. these memos also lay bare the notion that director comey is not motivated by animus, he was willing to work for someone that he deemed morally unsuited for office, capable of lying, requiring personal loyalty worthy of impeachment, sharing the traits of a mob boss, and director comey was willing to overlook all of the aforementioned characteristics to keep his job. in his mind, the real crime was the own firing. it shows a comey was blind to the devices within the fbi. terrible judgment with respect to andrew mccabe, multiple occasions. he and in his own words, defended the character of mccabe after president trump questioned mccabe. more importantly, he lied about not leaking. i'm not sneaky, i don't leak.

kellyanne conway, counsel for the president. this helps donald trump tonight. this is a big, big beginning to the end of what has been a witch hunt for them day one. >> sean, this week, we have the comey book and out tonight we finally have a comey blockbuster that would interest and animate the public. what you just revealed is truly remarkable and breathtaking on many different levels. he revealed what the president, what to comey about the president was asking them to do, and most importantly, not what comey claims that president was asking them to do. i think the most remarkable thing about what you just revealed is that this is a president who from the beginning has been compliant and transparent and has never gotten away from this investigation. what's remarkable to me this week, 30 days of comey is going to be about 29 and a half days too much. he's already not wearing while

on the so-called book tour. for somebody to name his book "lies in leadership," is he talking about andrew mccabe, his number two, who just had a criminal referral tonight, admitted lawyer? what leadership? the people at the highest level who are investigating hillary clinton aren't even bothering to tell the fisa court judge that her political enemies have offended that phony dossier to the tunes of millions and billions of dollars. in the case of james comey, why didn't he tell president-elect trump -- why did he write it on his hand? your political opponents funded the dossier. did not bother to tell him that. he told george stephanopoulos, i can't answer that question. it wasn't part of my goal. it's phony all the way. the fact that he leaked, i think he should go on a comey memo to her. let's go to call me comey tour.

>> sean: the seriousness of what they have for this country through. he said i'm not sneaky, i don't leak, b.s. he leaked. he leaked for the purpose -- >> he admitted under oath. >> sean: you add everything together, hillary obstructed justice, they protected her absolutely because she committed crimes, that is a fact. irrefutable and incontrovertible. it's because they thought she would win up my sean. we would never know any of this. they thought she would win, they thought hillary would win. >> sean: except us. >> we would know none of this, we would know none of this if hillary clinton had actually won, which comey admitted, he was influenced by the phony baloney national polls, the statewide polls were relevant. more importantly, we would know

none of this, we would not know that the highest levels investigating hillary clinton had the fix and for her and against candida trump. let these memos out there, people have been calling for transparency and accountability and continued investigations for over a year. people have called into question jim comey's credibility and everything, that's fine, but i am grasping his relevance in this book away the relevance is probably in these was, not in the book. this is somebody who hardly knew the president, limited amount of time. >> sean: this now needs to end for the sake of the country. kellyanne, good to see you, great points as always. when we come back, ed henry has new breaking details of the comey memo, he'll share it with us a straight ahead. ♪

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i think you nailed it before. trump encouraging comey to continue with the investigation, even if it's people close to me, we need to know. that is huge news tonight. >> two things. you are referring to a march 30th, 2017 memo where james comey summarizes a phone call with the president, i believe it was a 11 minutes long. not just a quick hello's. a detailed call where james comey writes later that the president told him to investigate the russia collusion allegations, if you find wrongdoing, just i want it out there, i am not personally under investigation. here's a new nugget. april, 2017, a new phone call. you can see the statement for most republican leaders, saying that this shows that the president was saying investigated. in april 2017, comey writes a new memo where the president says, are you going to put it out there that i am not personally under investigation? comey goes on to say, bottom line, you should have come off

mr. president, the white house counsel's office call the acting attorney general, because jeff sessions had recused himself. see whether they will do that. they never did that, never put up that statement. here's my point. james comey never in this memo says he was outraged, this was inappropriate. no, he just said, i don't think the fbi should do that. if you can get the white house counsel's office to call the justice department and say you are not personally under investigation, i don't have a problem with this. one of our viewers is tweeting this, saying, remember that we were all told that these comey moments, once they leaked, rod rosenstein, the deputy attorney general, to appoint a special counsel robert mueller. there was so much evidence here. read through these moments. memos. what led rod rosenstein to say that we need a special counsel?

the president was saying investigate this. >> laura: there's a part of me tonight, for a lot of reasons, what happened last night, the criminal referrals last night and today, we've learned a lot and we know where we are. there is a sad part of this story, that this country has been put through all of this and that was a memo from a very get go. we have two main things. the president never obstructed. b, no russia collusion when you look at what happened today as it relates to andrew mccabe. a huge night. >> these official subsea mess for months, sean, over a year. >> sean: we are getting transparency which means the whole thing come of country has been through this for no reason. it is unbelievable. you've been a great job. by the way, you work really well under pressure. >> that's nice to hear from you, sean. >> sean: [laughs]

all right. thank you so much, ed henry. that is all the time we have left this evening. i will break all of this down tomorrow. i promise. be with us. let not your heart be troubled. we'll always be fair and balanced. laura ingraham has had a full hour to study this. i can't wait to hear your comments. >> laura: sean, great show tonight. that is it. i'm telling you, we keep saying, news is not going to break so late in the evening but every night we are wrong. we have to blow up our show, change it all around, and that is why we love live tv. this is the "the ingraham angle "the ingraham angle." this is a fox news alert. fox news has obtained the controversial james comey memos about meeting with president trump. we have a member of the house intel committee reviewing that redacted and unredacted versions and he joins us to tell us was inside. the memos described former fbi director comey's private interactions with president trump. the big question is, whether comey leaked any classified information