Skip to main content

tv   Shepard Smith Reporting  FOX News  September 21, 2018 12:00pm-1:00pm PDT

12:00 pm
hour. especially about rod rosenstein. we'll have the latest. up next, jon scott is in for shep and i'll be on "the five" at 5:00. see you then. >> president trump tweeting about judge brett kavanaugh's accuser asking for more details on her sex assault claim and saying kavanaugh is the one under assault. so will we see a supreme court show down on capitol hill next week? plus, the fixer talking to the feds. president trump's former personal lawyer says he's giving prosecutors critical information for special counsel robert mueller's russian investigation. that's ahead this hour. but first, a stunning report that the deputy attorney general, rod rosenstein, suggested secretly recording president trump and working to remove him from office. that's according to "the new york times" that sites unnamed sources. the paper reports this went down in the spring of last year
12:01 pm
shortly after rosenstein got the job and began overseeing the investigation into russian meddling. it also came after the president fired james comey as fbi director. the times reports not only did rosenstein suggest secretly recording the president of the united states but he also considered asking cabinet members to invoke the 25th amount to remove the president for being unfit. the deputy attorney general denying that report. he says that "the new york times" story is inaccurate and factually incorrect. i will not further comment on a story based on anonymous sources that are obviously biassed against the department and advancing their own personal agenda. let me be clear about this. based on my personal dealings with the president, there's no basis to invoke the 25th amendment. this report comes during a week when we've seen several development in the russia investigation. kevin corke is live in las vegas where the president just started
12:02 pm
speaking. >> all too afternoon -- listen, david, we hear this idea, by the way, jon, that blockbuster, it's a blockbuster. this is a blockbuster. boy, this was something else. the idea that the times would say the deputy attorney general perhaps decided that he wanted to at some point record the president in an effort to get others to build this case towards the 25th amendment. it's beyond shocking. let me say this. we have reached out to white house sources all afternoon. we are still working very diligently on our sources trying to get a very quick reaction. the president was here in las vegas and is, of course, about to make his way to missouri. we'll keep an eye on that for you. let me explain for the folks at home that have not had a chance to hear this. the 25th amendment, you may have heard that bandied about beautiful. that lays out in concert with
12:03 pm
the speaker and the president pro tem would have this idea that maybe the president were unfit, they could act to remove him from office. it's a stunner to say the least. that said, as you pointed out, rod rosenstein is forcefully suggesting this is not serious. this didn't happen. what you're reading is not accurate and he won't dignify the off the record reporting. while this is floating around in liberal circles for some time, we got some authority that this quip was just that, a quip. it's being taken seriously by the times. >> and the president just finished speaking there. presumably he has been told of this report. any response from the president himself? >> well, john, i can say this. i keep pushing and in fact i
12:04 pm
keep checking my phone as i'm speaking to you hoping i will get something. when you're on the road like this, you're trying to get anyone at all to sort of reach back and -- i look back at my producer. matt, if you hear anything, wave at me. i'll take you phone over here. while i've not yet gotten anything specifically from the administration, i can tell you that don jr. is out there talking about this. you may have seen this if you're on twitter. i know in the preparation for the show, you have, he said this. "shocked, absolutely shocked. who are we kidding at this point? no one is shocked that these guys would do anything in their power to undermine real donald trump." you also mentioned michael cohen has been in the news. he's been cooperating at great length with the special counsel. so this idea that this is just a sort of the latest step or perhaps the latest layer in the
12:05 pm
unfolding russia collusion drama is something. you mentioned this happened in 2017 as the president ridded the administration of james comey. there was some folks that were suggesting that his conversations with the russians was proof that he was not fit for the office. so quite a story. quite a day here. i promise action soon as i get anything back, whether it's from sarah sanders or others, bill sure to pass that along to you. for now, back to you. >> kevin corke travelling with the president in las vegas. thanks very much. let's bring in "fox news sunday" anchor, chris wallace. chris, another day, another leak to "the new york times." this is an interesting one. give us your take on it. >> well, it is certainly shocking. i take it a little bit more seriously. the idea that here is the deputy attorney general of the united states and to some degree the person that was running the justice department because remember, certainly when it came
12:06 pm
to the russia investigation, jeff sessions, the attorney general had recused himself. so rosenstein was the officer in charge. just after comey has been fired. he's talking to other top people in the justice department in the fbi and saying that he would consider wearing a wire to tape the president because he's so concerned about the way he's acting and even raising the possibility of the 25th amendment. some people have said he said it sarcastically. the times said somebody said to them in one of these meetings, are you kidding? he said no, i'm not kidding. rosenstein just got on the job. so the idea that he would throw around wearing a wire into the white house to talk to the president and reaching out to other people like attorney general sessions and then homeland security secretary, john kelly, who is now the white house chief of staff, that he just would be joking about that seems very unlikely to me. i'll say one other thing.
12:07 pm
i find rosenstein's denial not strong at all. i find it very weak. he says "there is no basis to invoke the 25th amendment." he does not say i never discussed wearing a wire or i never brought up the possibility of invoking the 25th amendment. he's a lawyer and very lawyerly in list denies. now, present tense to invoke the 25th amendment, this will have considerable political ramifications. the president is unhappy with rosenstein, unhappy -- remember, he's the man that picked robert mueller to be the special counsel. this is going to give the president a whole new basis to attack rod rosenstein and the whole investigation by the special counsel. one last point. i'm putting this out there. there's two facts not saying that there's necessarily any length. this is the first time we've heard any senior official talk about invoking the 25th
12:08 pm
amendment except the anonymous column in "the new york times" a couple weeks ago that the senior administration official said that in the early days of the administration, there was talk about invoking the 25th amendment. does that mean rod rosenstein is anonymous? just ask him. >> let me engage in more tea leaf reading here. we saw that tweet. kevin corke had the tweet from donald trump jr. saying this is an attempt to undermine the president. i wonder if this is an attempt to undermine rod rosenstein. the times writes "in the end, the idea went nowhere, officials said, but they called mr. rosenstein's comments an example of how erratically that he was behaving."
12:09 pm
that sounds like a slam at rosenstein himself. you wonder whether this was leaked to perhaps shorten his tenure in the job. >> that's a good question. the only point i would make is, these are good reporters at the "new york times" and they wouldn't put this out there if they didn't think that rod rosenstein had seriously considered and brought this up with some of his colleagues at justice and the fbi. in other words, they're not just taking this and saying, well, somebody wants to take a shot at rod rosenstein. they're saying rosenstein was seriously talking about this in may of 2017, just at the time that james comey was fired by the president and just at the time that he, rosenstein, appointed robert mueller to carry out the russia investigation. >> clearly the president is not going to take kindly to this account and probably not going to boost rosenstein's standing in the president's eyes. >> absolutely not. as i said at the start, i think
12:10 pm
this is going to be a whole new avenue for attacking rosenstein and attacking the russia special counsel investigation that he initiates after the firing of james comey. this is going to have big political ramifications. >> chris wallace in washington. we have more to talk about. hope you can stick around for more questions later on in the hour. >> you bet. >> we'll keep watching this story and bring you developments as we get them. the original deadline has passed for judge brett kavanaugh's accuser to agree to a hearing on capitol hill. but we're learning more about the negotiations behind the scenes over when and how christine blasey ford might testify. that's next. hey there people eligible for medicare.
12:11 pm
gimme two minutes. and i'll tell you some important things to know about medicare. first, it doesn't pay for everything. say this pizza... [mmm pizza...] is your part b medical expenses. this much - about 80 percent... medicare will pay for. what's left... this slice here... well... that's on you. and that's where an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company comes in. this type of plan helps pay some of what medicare doesn't. and these are the only plans to carry the aarp endorsement. that's because they meet their high standards of quality and service. wanna learn more? it's easy. call unitedhealthcare insurance company now and ask... for this free decision guide. inside you'll find the range of aarp medicare supplement plans and their rates. apply any time, too. oh. speaking of time... about a little over half way
12:12 pm
and there's more to tell. like, how... with this type of plan, you'll have the freedom to choose any doctor who accepts medicare patients. great for staying with the one you know... or finding... somebody new, like a specialist. there are no networks and no referrals needed. none. and when you travel, your plan will go with you- anywhere in the country. so, if you're in another state visiting the grandkids, stay awhile... enjoy... and know that you'll still be able to see any doctor who accepts medicare patients. so call unitedhealthcare today. they are committed to being there for you. tick, tick, tick, time for a wrap up. a medicare supplement plan helps pay some of what medicare doesn't. you know, the pizza slice. it allows you to choose any doctor, who accepts medicare patients... and these are the only plans of their kind endorsed by aarp. whew! call unitedhealthcare today and ask for this free decision guide. call unitedhealthcare today
12:13 pm
lease the 2018 rx 350 for $439 advana month for 36 months. experience amazing at your lexus dealer. >> jon: president trump tweeting about judge brett kavanaugh's accuser this morning the president wrote in the alleged sexual assault was as bad as she says, she would have reported it to police. christine blasey ford said she didn't tell anybody what happened more than 30 years ago because she was terrified her parents would be mad that she was at a party where teenagers were drinking. the california professor said that kavanaugh sexually assaulted her while they were in high school. the supreme court nominee calls the accusations completely false. fox news has learned republicans on the senate judiciary are talking about a counter offer to ford's lawyers on the terms for her possible testimony next
12:14 pm
week. mike emanuel is live on capitol hill. mike? >> jon, good afternoon. senate judiciary republicans are hopeful that they will have a response by the end of the day whether there will be a hearing next week. sources indicate the likely scenario that gop counter offer is a potential hearing wednesday with an outside attorney doing the questioning and professor ford going first and judge kavanaugh to respond. meanwhile, also today, the democrat congresswoman first approached by ford asked her if she had any regrets. >> i felt sorry for her that there were leaks. on the heels of that, when she decided to speak publicly, i was proud of her. because i had a very strong sense of the extraordinary courage that she has exhibited. >> so the congresswoman eshoo
12:15 pm
has spoken with her about whether she wants to go with testifying on capitol hill in front of the bright lights of a congressional hearing. we await an answer lawmakers hope by the end of the day, jon. >> jon: i mentioned the president has been tweeting about this. >> no question about it. the president showing signs of frustration. firing away on twitter writing senator feinstein and the democrats held the letter for months. only to release it with a bang after the hearings were over. done purposefully to obstruct and resist and delay. let her testify or not and take the vote. then the radical left lawyers want the fbi to get involved now. went didn't someone call the fbi 36 years ago. mitch mcconnell re-assured conservatives we'll get this done. >> keep the faith. don't get rattled by all of this. we're going to plow through it and do our job. >> preparations are being made here on capitol hill for the
12:16 pm
possibility of a hearing. we'll see if they can strike a deal. jon? >> mike emanuel on capitol hill. thanks, mike. we'll bring backs "fox news sunday" anchor chris wallace for more on this next. ♪ this is loma linda, a place with one of the highest life expectancies in the country. you see so many people walking around here in their hundreds. so how do you stay financially well for all those extra years? well, you have to start planning as early as possible. we all need to plan, for 18 years or more, of retirement. i don't have a whole lot saved up, but i'm working on it now. i will do whatever i need to do. ♪ plan your financial life with prudential. bring your challenges.
12:17 pm
12:18 pm
i'm ready to crush ap english. i'm ready to do what no one on my block has done before.
12:19 pm
forget that. what no one in the world has done before. all i need access, tools, connections. high-speed connections. is the world ready for me? through internet essentials, comcast has connected more than six-million low-income people to low-cost, high-speed internet at home. i'm trying to do some homework here. so they're ready for anything. >> jon: more now on the back and forth between republicans on the senate judiciary committee and lawyers for judge brett kavanaugh's accuser over her possible testimony next week. the supreme court nominee denies her accusation of sexual assault and says he is willing to testify. let's go back to "fox news sunday" anchor chris wallace. there was a 10:00 a.m. eastern deadline for christine blasey ford to decide whether she would testify or not. that came and went and we still don't know the answer, do we, chris? >> no.
12:20 pm
but we're in the middle of negotiations between the republican majority and the senate judiciary committee and lawyers for professor ford. so it would be unusual to invoke that deadline when they're in the middle of talking to each other. you know, i hear what mike emanuel said. my guess is we'll know by the end of the day or early tomorrow what will happen. if you had to bet, i think at this point you bet there will be a hearing before cameras at which both professor ford and judge kavanaugh will appear. it would seem to be in her interests and it would seem to be in the interests of the republicans. her interest because she came forward because she thinks or alleges that judge kavanaugh did this terrible thing to her and she doesn't want to see him become a supreme court justice and in the interest of the committee because they don't want to be seen as in any way bullying or cutting off a come who wants to tell her story in this age of me too when we take
12:21 pm
very seriously any allegations of sexual abuse. >> despite that, mitch mcconnell seems very positive. he told at the value voter's summit that this thing is going to go through and it will be -- we'll see justice kavanaugh on the supreme court. >> well, he was talking to the values voter's summit. he's preaching to the choir. that's what they want to hear. he's trying to mobilize republicans to vote in the mid-terms. i don't know that you can know that until you see the two of them. you want to see how credible a witness she is and hear what facts she has and any evidence that she has to offer. we've only heard about her third hand through articles. nobody has seen her talk and tell her story. and then you have to hear how persuasively assuming this hearing goes on judge kavanaugh rebuts her. so i don't think you can flatly predict at this point this confirmation is going through. there's a few moderate
12:22 pm
republican senators that have not declared so far, i'm talking about susan collins, lisa murkowski, jeff flake. flake a member of the committee. i would suspect their votes will be up for grabs depending what they hear if and when this hearing takes place. >> her side has been making some demands of the committee suggesting that she should testify -- that kavanaugh should testify first and she would follow up. making demands of a u.s. committee doesn't go over well. >> no. but she does have some clout because of the political situation we're in with me too. democrats are already saying if the committee wants to play hardball with her, they're going to be bullying her, railroading her. that's not anything that somebody wants to be accused of in this era. there's some things that she requested that will be easy for her to agree to.
12:23 pm
delay it. it won't be monday. there's talk about wednesday or thursday. that's no big deal. she demanding that kavanaugh not be in the hearing room when she was the. i don't think that would have ever happened under any circumstances. you put your finger on a much more problematic one. her request that kavanaugh go first. i don't see how that is possible. she's the one making the accusations. how can he answer the accusations before she hears them. that's an alice and wonderland verdict today, trial tomorrow. so i think the republican majority will insist that she testify first, make her accusations and let kavanaugh answer them. >> the president has been fairly quiet about all of this until this morning. >> no, i agree. it's interesting. one hears that there were white house aides very much saying to the president in these sensitive me too times, do not pile on, do not take one side.
12:24 pm
say that, you know, we want to hear what she has to say. he had been saying that and getting praise for that. but now today you saw a series of tweets coming out in which he said left wing lawyers are pushing this, he said if this was so bad, of course she would have made a police report 35 years ago and we need to see that record, when, where, how when we know that she didn't file a police report. so he seems to be getting off his position on the sidelines and getting into the frey. i suspect there's some republicans that are up in this mid-term election that wish he would stick to the on the sidelines approach. >> jon: i will say the tweets that he sent out today seem to be a bit more muted than usual for this president. i want to turn back to the top story that we had about the report that rod rosenstein according to "the new york times" speculated that he might want to carry a wire into the white house, record the
12:25 pm
president and perhaps survey cabinet officials about getting the president as certified unfit for the office. chuck schumer is out with a statement on that. he writes this story in "the new york times" must not be used as a pretext for the corrupt purpose of firing rod rosenstein. he goes on from there. but clearly there is speculation along the lines of what i said to you earlier, that this leak is designed to embarrass rod rosenstein and perhaps get him removed from office. >> well, it's certainly -- whether or not the story is designed to do it and interesting. usually it's the president or the president's team that criticizes the "new york times." now it's the minority leader in the senate, chuck schumer of new york criticizing his own hometown newspaper. but this brings up exactly the point that i had earlier, this will raise questions about rod rosenstein, precisely at the moment that he decided to name
12:26 pm
robert mueller to run the special counsel investigation. is the man that set this investigation by the special counsel in motion, is that a guy that was talking about wearing a wire? is that a guy that was talking about trying to survey the cabinet about invoking the 25th amendment. that certainly is going to raise questions. you can be sure however this came to be, that this report that they were going to be supporters of the president that says this raises new questions about the credibility of the russia investigation. >> jon: and as you're sitting there talking to me, you're not able to read the stuff that is flying -- the releases that are flying minute by minute. that's got to be frustrating for a guy like you. let me read you this latest. >> i'm happy to have you tell me with everybody else in america. >> jon: according to "the washington post " there were memos written by former fbi director, acting director, andrew mccabe, the guy that president trump fired, memos
12:27 pm
written by then acting fbi director mccabe that say deputy attorney general rod rosenstein suggested he secretly record his talks with president trump and rosenstein discussed trying to remove him from office. so apparently this whole thing is documented in andrew mccabe's old memos which are now government property, right? >> there was reference to that in "the new york times" article. that is one more reason that this argument, while it was sarcasm, an off-hand quip, clearly andrew mccabe wouldn't have put this in a memo if he didn't take it seriously. now there's a question is what is mccabe's role in this. this is a rubik's cube of political motivation here. because mccabe is now under criminal investigation. is this something he's trying to put out there to get on the right side of the justice department or to get on the right side of prosecutors?
12:28 pm
or the right side of president trump. he's been a whipping boy for president trump for over -- for months now. you've really -- this is shakespearean in the complexities of this story, of who leaked it, why they leaked it, the political impact it will have and when you have chuck schumer attacking the story and trump supporters praising the story, politics makes strange bed fellows. >> jon: the statement from rod rosenstein you don't find to be all that vehement, shall question say? >> it's very careful. again, he could have said i never did this. anything was just a quip. he never said he didn't wear aware. when it comes to invoking the 25th amendment, he says there's no basis now. he doesn't say i never discussed polling members of the cabinet in may of 2017, which is what this story is about. >> jon: chris wallace, an interesting "fox news sunday,"
12:29 pm
huh? >> it's going to be an interesting 48 hours. i have to get back to work and rebook the show. we just blew it up. >> jon: we have a lot of new memos to read. thanks. on "fox news sunday" this weekend, chris will talk with secretary of state mike pompeo. also, south carolina republican senator lindsey graham. he's on the judiciary committee, which could hear from both judge brett kavanaugh and his accuser next week. it's going to be a big "fox news sunday." check your local fox station and the tv listings for the time that it runs in your area. secretary pompeo says a second meeting between president trump and north korean dictator kim jong-un is possible. he tells fox news the two sides still have work to do before the leaders could meet. suit korean president moon just met with kim for three days in pyongyang. moon said the dictator wants to meet with president trump again. the south korean leader says he will deliver a private message from kim to president trump next week at the united nations
12:30 pm
general assembly in new york. president trump and kim met face to face in june in singapore. the north korean leader pledged to denuclearizing his country. rich edson is live at the state department right now. rich? >> john, progress between the united states and north korea is so, so slow that last month secretary of state mike pompeo cancelled what would have been his fourth trip to pyongyang citing a lack of progress from north korea. now he says he wants to return. >> i'm hoping i'll be back in pyongyang before too long to make more progress. if that's the case, i'm hopeful that chairman kim and president trump will meet in the near future. >> pompeo says the diplomacy continues. lots of conversations between the two countries across many different forms and venues about how to move forward. earlier this week, the state department revealed that north
12:31 pm
korea agreed to surrender their nuclear program by january of 2021. we asked pompeo what the united states needs to see by the end of the year. he says he refuses to set deadlines. jon? >> jon: thanks, rich. thank you. a new report that president trump's former lawyer tried to help pay legal fees for paul manafort. the attorney pushing back against this "wall street journal" report, both sides on that ahead. plus, president trump's former fixer and personal lawyer is apparently spilling some secrets. michael cohen with a tweet about what he's telling robert mueller's team next. the latest on those reports of rod rosenstein's actions inside the white house. we'll go to the north lawn just ahead. if you're waiting patiently for a liver transplant, it could cost you your life.
12:32 pm
it's time to get out of line with upmc. at upmc, living-donor transplants put you first. so you don't die waiting. upmc does more living-donor liver transplants than any other center in the nation. find out more and get out of line today.
12:33 pm
oh! oh! ♪ ozempic®! ♪ (vo) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? (vo) and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? (vo) a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes,
12:34 pm
or for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens. don't reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. serious side effects may happen, including pancreatitis. tell your doctor if you have diabetic retinopathy or vision changes. taking ozempic® with a sulfonylurea or insulin may increase the risk for low blood sugar. common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. some side effects can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ (vo) ask your healthcare provider if ozempic® is right for you.
12:35 pm
>> jon: one of president trump's
12:36 pm
former lawyers reportedly proposed using the white house legal defense fund to help the president's former campaign manager, paul manafort, pay his legal fees. that's according to the "wall street journal." a jury convicted manafort and he is now cooperating with the special counsel. the fox business network's blake burman live with more on that. blake? >> hi, jon. john dowd is the focus of the newest "wall street journal" story here. he was once outside counsel to president trump as it relates to the russia probe. he's calling this latest "wall street journal" a "hit piece." the story says that when dowd was here working for president trump, he inquired about whether paul manafort and rick gates could receive money from the white house legal defense fund, a fund set up to help those involved with the special counsel prop. manafort was once president trump's campaign chairman. gates was just underneath manafort. both have since plead guilty or convicted of financial crimes unrelated to the trump campaign.
12:37 pm
in a statement received by dowd, he said he was one of many lawyers that tried to ascertain what exactly would have access to this money and he denies any wrong doing. he said "i knew i had no control of those funds and never tried to divert those funds. i only ever inquired whether possible to include manafort and was told it was not for the reasons stated. there was no drama, end of story". the journal reports that dowd had pledged to contribute $25,000 to that fund to which dowd says of that, "i received good advice to not contribute and took the advice. i did not contribute $25,000 to his fund as suggested. again, no drama." dowd we should point out is no longer a member of the president's legal team. dowd says he does still communicate with president trump. he resigned from that position earlier this year, jon.
12:38 pm
>> jon: we led this hour with breaking news from "the new york times." they're quoting sources that say that deputy attorney general rod rosenstein discussed secretly recording the president and then trying to invoke the 25th amendment to try to remove him. rosenstein is denying that story. anybody at the white house talking about it? >> during the commercial break there, i picked up the phone and spoke with the white house official and right now, jon, they're not commenting on this at all. for right now. keep in mind this landed on "the new york times" website 30, 45 minutes or so ago? there is a flurry to deal with here at the white house. we have the brett kavanaugh confirmation which is front and center. the dowd story just released from the "wall street journal." i was chatting with neil cavuto on the fox business network earlier this afternoon, jon, about how there was a host of trade news on this day as well. . trump isn't even here at the white house today.
12:39 pm
it's one of the busiest fridays we've had in awhile. >> jon: it does keep one's head spinning. >> yeah. >> jon: all right, black berman. thanks. president trump's former personal lawyer and fixer michael cohen says he was giving critical information to robert mueller's russia investigation. last month cohen pleaded guilty to eight federal charges and said candidate trump said for him to arrange payments to stormy daniels and karen mcdougal ahead of the presidential election. laura ingle is here with more. michael cohen was in court today. >> yeah, this came out of nowhere and he was spotted downtown in the federal courthouse. he denied to say why he was there. it's possible he was in a meeting about his probation. we reached out to the u.s.
12:40 pm
attorney's office, the certain district court. lanny davis offered no comment. there was no real response. nothing on the court docket. we're continuing to work our sources for more. >> jon: there were meetings between cohen and robert mueller. do we know about what transpired? >> this report coming from abc news. this is a very big one. it would indicate there's some cooperation going on. there was reportedly multiple interviews and multiple places according to abc news sources. some in washington d.c., some in new york city. apparently these two were not alone. according to the new report, prosecutors in the u.s. attorney's office in the certain district of new york were also on hand. the special counsel's questioning of michael cohen reportedly zero's in on all aspects of the president's possible dealings with russia
12:41 pm
and any ties to alleged collusion to influence the 2016 election. last night things got weird on twitter over this when cohen seemed to tweet about himself saying good for michael cohen and providing critical information to the mueller investigation without a cooperation agreement. no one should question his honesty, voracity or loyalty to his family and country over potus, real donald trump. twitter users pounced quickly. the tweet was taken down followed up by the exact same tweet from cohen's lawyer, lanny davis who tweeted again to explain the confusion saying this, fyi, i wrote a tweet congratulating michael cohen and sent a text to him to tweet to his larger following but was delayed posting myself so he posted first. take a breath. i don't control or have access to mr. cohen's twitter account. he's my client and my friend. then when president trump's lawyer, rudy guliani, was asked about the abc report, he told
12:42 pm
another outlet cohen has a history of lying. we've reached out for comment to guliani's office. have not heard back. according to abc, mueller's team is interesting in the president talk about a possible pardon for cohen. cohen is also cooperating with the trump organization. now, while there's a chance that president trump could offer a pardon on the federal level, we know there's no presidential pardons for state cases. so he's facing up to five years and he's expected to be sentenced december 12th, a lot going on with michael cohen. >> jon: yeah, the thing about sending out a tweet congratulating himself and his lawyer sending out the same thing, it's weird. >> seems weird and twitter responded. people saying what is going on. they tried to clarify it. that service the answer.
12:43 pm
>> jon: so michael cohen's bragging could come back to bite him. we'll get into that next. ninetys named 'park' in the u.s. it's america's most popular street name. but no matter what park you live on, one of 10,000 local allstate agents knows yours. now that you know the truth, are you in good hands?
12:44 pm
and back pain made it hard to sleep and get up on time. then i found aleve pm. the only one to combine a safe sleep aid, plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am. the lexus ls 500 & ls 500 h. ♪ take advantage of great offers on the 2018 ls 500.
12:45 pm
experience amazing at your lexus dealer. in my time during the vietnam era, would be eligible today for a va home loan, so many do not know that. there's no expiration date on your eligibility for the va home loan. every veteran, every service member out there if you're thinking about buying a home, if you're thinking about a cash out refi, whatever you're thinking with a mortgage, you should come to newday usa first. call 1-877-776-3063. if you're a veteran, own a home and need money for your family, call newday usa to use your valuable va home loan benefit. thank you, admiral. it lets you borrow up to 100% of your home's value. thank you, admiral. with today's rising home values, that could mean more money for you and your family. thank you, admiral. money to pay down debts and get financial peace of mind. thank you, admiral. we'll do everything we possibly can to get you approved.
12:46 pm
call 1-877-776-3063. >> jon: let's bring in nicole, a criminal defense attorney. nicole, this whole lanny davis, michael cohen situation with regard to the president is getting weird. you have the president's former fixer, nobody closer to donald trump the private citizen who is now turned on the president. he's cooperating with robert mueller's investigation and he's brags about it. what is going on here in your view? >> it's definitely not an ideal situation. you know, he is cooperating even though he claims he's not, going and talking about it publicly isn't going to do anybody any favors. doesn't help him. nobody is going to believe him -- >> jon: it doesn't? >> no, not at all. if he -- doesn't help the prosecution. so i'm not sure what he's trying
12:47 pm
to accomplish. he said two things essentially. one, i'm not cooperating. two, if i am saying anything, you should believe me. neither of these things make sense. saying you should believe me doesn't make people believe him. now he's met multiple times with mueller. if it's not cooperation, it's extensive sharing, which many people would refer to as cooperation. >> jon: rudy guliani has had a field day with his tweets saying he changed his story multiple times and saying you can't believe anything he says. >> that's the problem with talking under any circumstance. you're memorializing statements that can be used against you in the future. the topic comes up again and he says anything slightly different, you can expect that people will do everything they can to make the comparison and show that what he said the first time wasn't correct. >> it seems that lanny davis,
12:48 pm
his attorney that obviously is close to the clintons, lanny davis is trying to buff up michael cohen's reputation by these weird tweets that went out. >> unfortunately having that go out on cohen's account and then his account next, the explanation makes little sense and doesn't bolster credibility. in fact, it may do just the opposite. makes people wonder what is going on here. >> jon: well, another thing we're wondering about what's going on here is this rosenstein story that "the new york times" broke in the last hour or so. "new york times" says, again a none -- anonymous sources that rod rosenstein, who took over for jeff sessions, publicly said in some of these meetings or private meetings that he wanted
12:49 pm
to record the president of the united stateser surreptitiousl and see if the president should removed under the 25th amendment. your take as an attorney on that kind of thing. >> as an attorney, this is just bizarre. you think about it. anything that is in contact with the president, who is in the white house, is there because they have top security clearance in the first place. clearly doing a recording of this nature would be a violation of whatever security clearances that allowed you to be there in the first place. whether it's a criminal legal matter is another matter. you have enough information to go about recording somebody or you don't. violating your own security clearance is unique at best as far as a way of gathering information. >> jon: and the leaks just keep coming. nicole deborde, thank you.
12:50 pm
president trump pressing the pause button on releasing classified documents related to the russia investigation. what is the reason for the delay ne we'll tell you next. it's really this constant juxtaposition when you're a mom and an entrepreneur. with more businesses starting every day, how do they plan for their financial wellness? i am very mindful of the sacrifices that i make. so i have to manage my time wisely. ♪ plan your financial life with prudential. bring your challenges. you see clear skin. cosentyx can help people with moderate to severe plaque psoriasis find clear skin that can last. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms,
12:51 pm
if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. how sexy are these elbows? ask your dermatologist about cosentyx.
12:52 pm
12:53 pm
>> jon: president trump walking back his decision to release russian documents. two u.s. allies called and asked him not to release the information. the president authorized the declassification of the documents from fbi and justice department officials. some democrats called it selective and a distraction meant to help the president and his lawyers in the russia
12:54 pm
investigation. jillian turner has more. >> there's a wrench in the president's plan to declassify documents related to the 2016 investigation in his campaign. four days after he ordered multiple documents declassified, his own justice department pushing back. the president tweeting a few hours ago, i met with the dodge about the unredacted document. they said it could have a negative impact on the russia probe. the inspector general has asked to review the documents on an expedited basis. the president making clear that while he's going along with the doj's process for now, he's not entirely sold. in the end, i could declassify it. speed is very important to me and to everyone. so far reaction from democrats has been fierce and swift. ranking intel committee member adam schiff insisting the president knew releasing the documents to the public would cross a red line.
12:55 pm
but "the president, the white house lawyers seek access to the material for discrediting the special counsel." senator warner saying this is why the should to be relying on the advice of his people, not cable news shows. >> who is covering up? doj and fbi, the same people that we've been having to walk through stone wall after stone wall to get this information out, this has nothing to do with the ebbing -- elections. jon? >> jon: jillian thanks. we'll be right back. whoa. this looks worse than i thought.
12:56 pm
12:57 pm
12:58 pm
mike and jen doyle? yeah. time for medicare, huh. i have no idea how we're going to get through this. follow me. choosing a plan can be super-complicated. but it doesn't have to be. unitedhealthcare can guide you through the confusion, with helpful people, tools and plans. including the only plans with the aarp name. well that wasn't so bad at all. that's how we like it. aarp medicare plans, from unitedhealthcare. >> jon: to recap, two major
12:59 pm
developing stories this hour. first, the bomb shell "new york times" report that the deputy attorney general, rod rosenstein, suggested secretly recording president trump and working to remove him from office. rosenstein calls the report factually inaccurate. the senate judiciary committee hoping to have an answer by the end of today on whether judge kavanaugh's accuser will testify. right after the program, you can catch me on facebook watch for a fox news update. it will stream live on the football live home scream. you can watch it there on demand. i'm jon scott in today for shepard smith. the dow up about 72 points right now. if it holds at the closing bell and all signs are that it will, it will be the 101st record close on the dow since the trump inauguration. neil cavuto will have more on that. "your world" is next.
1:00 pm
>> neil: fox on top of whether judge brett kavanaugh's accuser will ever show up. i'm neil cavuto. and not a matter of if, just when. when will christine blasey ford testify before the senate judiciary committee. we don't know for sure but it's not looking like monday, possibly wednesday, maybe thursday. we could know soon. chuck grassley open to pushing things back but not bending on anything else, including dr. ford's lawyers demands that judge kavanaugh testify first. no one do anything until the fbi investigates all of her claims. adding to the drama today, this "new york times"