they're very funny. thanks for joining us. i'm dana perino. tonight on "the five", we have a lot of discussion about joe biden jumping in to the presidential race. for now, i'm dana perino. here's trace gallagher in for shep. >> president trump says he never told former white house lawyer don mcgahn to fire special counsel robert mueller. so will we ever hear from mcgahn himself? we'll talk to an attorney about the subpoena show down. also, joe biden officially running for president. already going at it with president trump. we'll look at how this changes the 2020 race. and the family fighting to clear their cat's name after she spent months in the lockup. is she a kitty criminal or an innocent victim? i'm trace gallagher in for shepard smith. that's ahead this hour.

>> president trump contradicting a former white house later's testimony in the mueller report. the president said he never told white house con se-- counsel to fire robert mueller. mcgahn said mueller has to go and call me back when you do it. the report continues. mcgahn understood the president to be saying that the special counsel had to be removed by rosenstein. that would be rod rosenstein. the house judiciary committee chairman democrat jerry nadler of new york has subpoenaed mcgahn to testify next month, but president trump is promising to fight it. john roberts reporting live at the white house. john? >> trace, good afternoon thou. it's unclear why the president decided that he was going to talk about his conversations with don mcgahn on twitter this morning. the white house has been behind the scenes crafting what they believe will be a strong case to try to keep mcgahn away from

capitol hill by exerting and asserting executive privilege. the president talking about hi private conversations may put that in jeopardy. he said as been incorrectly reported by the fake news media, i never told don mcgahn to fire mueller. if i wanted to fire mueller, i didn't need mcgahn to do it. i could have done it myself. gerald nadler has been making the case that the white house is already waived any claim to executive privilege by allowing the mueller report and all of the citations related to mcgahn to be made public. the president tweeting about what he didn't or didn't tell mcgahn only potentially inviting more scrutiny. the president has talked about this before. in january of 2018. here's the citation about that from the mueller report. after news organizations reported that in june of 2017, the president had ordered mcgahn

to have the special counsel removed, the president disputed these accounts and privately told mcgahn that he had simply wanted mcgahn to bring conflicts of interest to the department of justice's attention. some of the president's specific language that mcgahn recalled from the calls is consistent with that explanation. substantial evidence, however, supports the conclusion that the president went further and in fact directed mcgahn to call rosenstein to have the special counsel removed. there's a discrepancy there. it's one that you can bet the democrats are going to say can only be resolved by getting don mcgahn in front of the judiciary committee and questioning him at length. judging by the posture of the democrats, they're willing to push very hard for this to happen. listen here. >> you ignore congress's demands at your peril, your legal peril and constitutional peril. if he wants to get into that battle by having an across-the-board defiance of legitimate constitutional

requests by congress, that's his prerogative. >> in an op-ed yesterday, hillary clinton likened this whole thing to watergate saying back then there was an investigation that uncovered evidence of corruption in a cover-up which was then followed up by hearings in congress. she also pointed out that back then, senior white house officials were compelled to testify to congress. a lot of people will say hillary clinton is an imperfect messenger to be talking about something like that. trace, but she is right on the history. >> john roberts live at the white house. thank you. let's bring in bob bianchi, a criminal defense attorney. great to see you, bob. i was reading up on this. there's not a lot of history when you talk about the blanket refusal of all subpoenas. not a lot to go on here. >> we've had this issue with nixon, the w. bush administration and the obama administration. but generally speaking, trace,

the courts are looking in favor, supporting congress' oversight role under article 1 to check abuses in the executive branch of government as well as get data and information from which they could do due diligence, to have legislative policy here. so one of the things that will be real problematic are the two issues that you alluded to or that alluded to. number 1, old privileges can be waived if you allowed it to go to a third party outside the communication chain. i.e. mcgahn speaking to mueller. mueller decides when they could have exercised privilege to redact the information to the public, they didn't. that will be very difficult for them. once the round is out of the chamber of a gun, it's virtually impossible to get it back, trace. the second thing that is very relevant here and i'm not politicking, this is just the law in all cases, is when a litigant, if you will, is making public statements about a thing,

then they're opening themselves up. they're waiving the confidential privileges. that's not what is going on here. it's out in the court of public opinion, trace. >> you're saying the president is undermining his own cause here. >> to any of these things, there's a legal issue and a political issue. i can't second guess the president as to what he wants to do in terms of how he politicking the particular thing. all i can say is when you are politicking, when you're infusing that to a legal process, you may be shooting yourself in the foot as it were. the interesting thing about this is mcgahn no longer works there. he has an ability to be able to make his own decisions. if it goes to the courts, trace, and they decide they're not going to order a -- file a court order, where is mechanism for enforcement. >> that's the point. you say there's a political and

legal way to go about this. the question is how long would it take? this sounds like the first volley in what could be a long drawn-out war. >> some of these issues and there's not been a lot of them, have occurred sooner than later. but sooner is within years. later has been with the obama administration, for example, when eric holder was with withholding information. that case, believe it or not, is ongoing. took years to work its way through the courts. when the courts issued a ruling, they followed it. whether the trump administration is willing to do that, the doj would have to execute the court orders is suspect here. what i would do if i was lawyers for the democrats, just making the argument, i would want to go directly to the supreme court on many of these issues and say we need an emergent order right now as to what can be done or not. enforcing that order is another another ball of wax. >> a whole different story. the president says he doesn't see why he should cooperate

because the democrats are just keep going. so this could be a very long battle. bob bianchi, very good to see you. thank you. >> you got it, trace. >> meantime, breaking news. fox news just confirming that north korea did in fact send the united states a bill for the medical care of the american hostage, otto warmbier. a hostage that the brutal regime tortured causing its death. north korea wanted the u.s. to pay up. another report that the bill was in the millions. that the u.s. even agreed to pay it. that's next. ♪ limu emu & doug mmm, exactly! liberty mutual customizes your car insurance, so you only pay for what you need. nice! but uh, what's up with your partner? oh! we just spend all day telling everyone how we customize car insurance because no two people are alike, so... limu gets a little confused when he sees another bird that looks exactly like him. ya... he'll figure it out. only pay for what you need.

♪ liberty. liberty. liberty. liberty. ♪ oh! oh! oh! ♪ ozempic®! ♪ (announcer) 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? and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? 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? ♪ oh, oh, oh, ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes, 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®! ♪ ask your healthcare provider today

about once-weekly ozempic®.

>> trace: breaking news. north korea sent u.s. official as bill for the so-called medical care of the american student that died after the country took him hostage. that's what a source familiar with the matter told rich edson. the news first reported by "the washington post." the bill totalled $2 million.

fox cannot confirmed that, a. his parents said they tortured him for months and returned him in what doctors call an unresponsive state. according to the post, president trump instructed the envoy to agree to pay the bill. but it's unclear if the payment ever happened. the paper citing anonymous sources. united states is policy is not to pay for hostages. rich edson reporting live. rich? >> trace, white house is not saying that much publicly about this. according to a statement from sarah huckabee sanders, the press secretary, we do not comment on hostage negotiations, which is why they have been so successful during this administration. the state department says it has no comment. go back to june of 2017. that is when officials say the north koreans approached the united states about the condition of otto warmbier. shortly thereafter, the u.s. ambassador that dealt with north korean issues got on a plane and

traveled to pyongyang to examine otto and try to bring him back home. that's when according to "the washington post" report, the north koreans submitted a bill to the united states, made them sign it before turning otto back over to the u.s. the americans are fairly notorious for giving bills to country. otto warmbier returned to the united states. the doctor that treated him was forced to sign a statement that said that north korea had given him good care while he was there. but he did get good care while under the north korean staff. he died a few days later in ohio. >> trace: john roberts has in fact confirmed the amount was $2 million for the release of otto warmbier. this was a low point in u.s. and north korean relations.

>> it was, trace, this is at a time when north korea was firing ballistic missiles over japan, testing nuclear weapons and the united states was pursuing what it called that maximum pressure campaign. sanctions, getting countries to cut their diplomatic ties with north korea, kick out guest workers. then in march of the next year, 2018, president trump agreed to this summit with kim jong-un. by june of 2018, a year after otto warmbier had died, the two meters were meeting for their first summit in singapore. a couple of months ago, they met for the second summit in hanoi. that's when president trump asked about otto warmbier's death and his relationship with kim jong-un. the president said that kim told him that he didn't know about otto warmbier's death and that he will take him at his word. warmbier's family said that kim is responsible for unimaginable cruelty and humanity and no excuse or lavish praise that can

change that. trace? >> trace: rich edson reporting live live at the state department. thanks very much. meantime, an american woman kidnapped during a safari in east africa describing absolute terror as four armed men grabbed her. this happened in queen elizabeth national park in uganda. in an interview this morning, she said she thought her captors were park rangers until they made her tour group get out of the vehicle and pointed guns at them. >> they made us sit on the ground. that's where things go very -- i don't know how to describe it. there's really not a word to describe what that felt like. pure fear, that that almost doesn't do it justice. >> trace: the kidnappers were remanning a ransom and held her five days. reps for the safari company, wild frontiers uganda said they

paid up but we don't know how much. if you haven't heard it's official, joe biden is now running for president. the former v.p. out and about today in delaware after the big announcement and talking to fox news. we will go there live next. fact is, every insurance company hopes you drive safely. but allstate actually helps you drive safely... with drivewise. it lets you know when you go too fast... ...and brake too hard. with feedback to help you drive safer. giving you the power to actually lower your cost. unfortunately, it can't do anything about that. now that you know the truth... are you in good hands?

with tough food, your dentures may slip and fall. fixodent ultra-max hold gives you the strongest hold ever to lock your dentures.

so now you can eat tough food without worry. fixodent and forget it. i woubecause i know there ent to adare so many of youterans, who have served our country honorably. whether it's two years, four years or thirty-two years like myself. one of the benefits we as a country give our veterans is eligibility for a va loan for up to 100% of your home's value. so if you need money for your family, call newday usa. with automatic authority from the va, we can say yes when banks say no. call 1-833-844-6703 if you're a veteran homeowner who needs cash, call newday usa. home values are rising, and with newday's va cash out home loan, you can borrow up to 100 percent

of your home's increased value. you could get 54,000 dollars or more and lower your payments by over 600 dollars a month. with automatic authority from the va, newday can say yes when banks say no. take advantage of your home's increased value. call newday usa now. go to newdayusa.com or call 1-833-844-6703

>> trace: well, joe biden is in, announcing his bid for president in 3 1/2 minute online video after months of speculation. he says everything that has made america america is at stake in 2020. >> i believe history will look back on 4 years of this president and all he embraces as abberrant moment in time.

if we give donald trump eight years in the white house, he will fundamentally alter the character of this nice. >> joe biden entering as a frontrunner. the democratic field is now 20 candidates deep. the 76-year-old biden is the second oldest person running. senator bernie sanders is 77. political analysts say biden will try to play up his experience, but they also say that might backfire with younger, more progressive voters. peter doocy reporting live for us from biden's hometown of wilmington, delaware. peter? >> trace, joe biden said it was part of the plan to kickoff campaign number 3 without the popular ex-president barack obama's support. he said he asked president obama not to endorse him because he wants primary voters to make up their own minds. the former vice president that we caught up at a pizza restaurant is talking about broad change if he's elected.

>> americas coming back like we used to be, ethical, straight, telling the truth, supporting our allies. all those good things. >> his role-out the light on specifics about policy proposals, but heavy on trump attacks, which the president is now trying to reciprocate on twitter with this. welcome to the race, sleepy joe. i only hope you have the intelligence long and doubt to wage a successful primary campaign. it was be nasty, you'll be dealing with people that have sick and demented ideas. if you make it, i'll see you at the starting gate. trump and biden previously talked through the press about beating each other up in a fight. trace? >> yeah, peter, some progressive groups are upset with candidate biden. >> that's because they don't think his longstanding in washington d.c. reflects where the democratic party is heading. justice democrats that likes to

brag how they got alexandria ocasio-cortez elected to the congress tweeted a graphic. on the graphic it shows this. that democrats' future includes medicare for all, the green new deal and free college. the biden's past votes were for the iraq war and marriage equality. there's a difference with biden and others. he's not afraid of a big check to his campaign fund. some other candidates running are saying they don't want the big checks. they want only small donations from individuals. the first thing on biden's schedule as he heads to pennsylvania, a private fund raiser at an executive for comcast's home. trace? >> he has to catch up. peter doocy live in wilmington. thank you. for more, let's bring in ele

elenatreen. you have 20 candidates, this is the most diverse field we've ever seen. look at the polls, you have sanders, biden and pete buttigieg. tough to pronounce. the far left of the party know saying look, you know, joe biden is a good guy but he's not our guy. >> right. that's something that a lot of democratic operatives are pushing as the biggest criticism of him. he's a 76-year-old white man. a lot of critics are saying he's not representing the modern democratic party or this era of some of these younger, more diverse candidates, especially at a time when we're seeing the democratic party become more progressive. and definitely a criticism that he has to fight. he has a criticism to several advisers work with biden and been integral to his campaign launch. he's ready to get beat up by president trump and his

opponents in democratic field. he said, you know, i've been through a lot. i'm ready for it. bring it on. he says he's the one true candidate that can take on trump. >> trace: a very good point. if you watch this video, looks like he forgot about the other 19 people that are running. he says this is biden trump, this is biden v. trump already. he's got a long way to go and could be a very tough primary because he might -- he's a centrist. he might have to skew to the left. >> you're right. more than any other candidate, he shows in this announcement video to focus on president trump and take him on. i think how you come out of the gate matters. he tried to come off as presidential. he talked about thomas jefferson and patriotism and international order. i think he also made clear that he's not going to be focusing on some of these left wing issues

that the candidates have gravitated towards and will not pretend to take on what senator bernie sanders and elizabeth warren are doing and go after their activist base. he's trying to portray himself as someone that can beat president trump. you're right. looked like a general election ad or campaign ad, not like he's running for a primary. >> trace: yeah. it's interesting to know that when biden first ran for president, pete buttigieg was in kindergarten. alayana treene, thanks for being here. >> thanks for having me. >> trace: more on the $2 million medical bill that north korea sent the united states. and brand new details about the man accused of intentionally driving into a group of pedestrians. coming up, where police say he was going. and what they found inside his car next. [ alarm beeping ] wake up!

there's a lot that needs to get done today. small things. big things. too hard to do alone things. day after day, you need to get it all done. and here to listen and help you through it all is bank of america. with the expertise and know-how you need to reach that blissful state of done-ness. so let's get after it. ♪ everything is all right what would you like the power to do?® ♪ all right today's senior living communities have never been better, with amazing amenities like movie theaters, exercise rooms and swimming pools, public cafes, bars and bistros even pet care services. and there's never been an easier way to get great advice. a place for mom is a free service that pairs you with a local advisor to help you sort through your options and find a perfect place. a place for mom. you know your family we know senior living. together we'll make the right choice. dealing with psoriatic arthritis pain was so frustrating. ♪

my skin... it was embarrassing. my joints... they hurt. the pain and swelling. the tenderness. the psoriasis. i had to find something that worked on all of this. i found cosentyx. now, watch me. real people with active psoriatic arthritis are getting real relief with cosentyx. it's a different kind of targeted biologic. cosentyx treats more than just the joint pain of psoriatic arthritis. it even helps stop further joint damage. 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. if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. i got real relief. i got clearer skin and feel better. now, watch me. get real relief with cosentyx.

this is a very difficult job. failure is not an option.a. more than half of employees across the country bring financial stress to work. if you're stressed out financially at home, you're going to be too worried to be able to do a good job. i want to be able to offer all of the benefits that keep them satisfied. it is the people that is really the only asset that you have. put your employees on a path to financial wellness with prudential. bring your challenges.

>> trace: continuing coverage of breaking news and fox news channel has now confirmed that north korea did in fact send the united states a bill for the medical care of otto warmbier. otto warmbier, eventually sent back to the united states in an unresponsive state. john roberts is actually confirmed the amount of that bill. john? >> trace, good afternoon to you again from the white house. it would seem to be the ultimate act of audacity. in early june of 2017 when u.s. officials were negotiating the release of otto warmbier that was in a coma in a hospital for 15 months. they were handed by the north koreans a hospital bill for $2 million. joseph euwn was told that if he didn't sign a promissory note to pay the money back, that otto

warmbier wouldn't be released. we're told by sources that not a dime of that $2 million has been paid to north korea by the united states. so in essence, the bill remains outstanding. it's also not come up in the two negotiations that president up has had with kim jong-un. also, a year ago when the united states was getting three other american hostages out of north korea, president trump says that the u.s. did not pay a dime for the release of those hostages either. otto warmbier was medevaced by the phoenix air group. they were responsible for bringing all of those ebola patients from africa. they sent their medical director. they were told that in addition to the $2 million bill, he was told he would have to sign a

statement saying that otto warmbier received good medical care in the hospital while he was in a coma. he did sign off to say that otto warmbier had received good care while in the hospital. it's pretty clear, trace, from the fact that he was in a coma, died soon after he returned to the united states that prior to being in the hospital, he was abused to the point that put him in that coma from which he ultimately died. it's an intriguing tale. sources tell fox news not a dime of that $2 million has been paid to the north korean officials. >> john roberts with breaking news on the north lawn, john. i want to bring in gordon chang, author of "nuclear show down", north korea takes on the world. you heard john roberts use the word audacity there. audacious is a good fit, too. a $2 million bill. we know the situation inside that prison was nothing less than horrific.

>> yeah, this is what the north koreans do. they will do something really bold, kaw daishts. just completely absurd. the united states will try to accommodate them but we're not going to pay the north koreans and they know that. so i'm not surprised that, for instance, that we were able to obtain the release of the three other hostages without payment. >> trace: yeah, i want to clarify. we said earlier, we talked to our state department correspondent saying the "washington post" did report that president trump told an envoy, an american envoy, to pay the bill and john roberts is now reporting the bill was never paid. but the idea of this going forward and paying this bill is a very -- is very key. this is a very key point of this whole matter that the bill was never paid, gordon. >> yeah. that would be totally improper for us to do so. i'm not surprised. i also doubt that president trump actually authorized the

payment of the bill, which "the washington post" reported. we'll find out more details later. the united states is will go to great lengths to protect american citizens and bring them home. that's what we should do. we shouldn't pay the north koreans anything for this and i'm sure we will never do so. >> trace: and i'm sure news of this has infuriated and horrified the warmbier family. i want to read you the storm from rob portman from ohio. he says, "otto warmbier was mistreated by north korea in so many ways, including his wrongful conviction and harsh sentence. for 16 months they refused to tell his family or our country about his dire condition. the united states owes them nothing. they've owe the warmbier family everything." your thoughts on that.

>> north korea is the more horrific state on earth. as we deal with them on any issue, whether it's nuclear weapons or human rights of north koreans, that we are dealing with this regime. i think that essentially many people say, we will never have satisfy relations with north korea on anything until that regime has changed. just the way that they operate as we saw in the otto warmbier case and other cases as well, this is a regime that has a playbook and won't change their playbook. so we won't have good relations with north korea until the north korean people take matters in their own hands and end up with some sort of representative government. >> gordon chang, good insight. thank you. >> thanks, trace. >> trace: meantime, a fox urgent. we're learning more about the man accused of intentionally plowing his car to eight pedestrian. 34-year-old isaiah peeples

facing murder charges. he is an army veteran and suffering from post traumatic stress disorder. the police chief has said they have not found any ties to terrorism and don't know why he did it. >> we still don't know his motives. the only thing we can confirm at this time is on the day of the incident, he picked up food and on his way to deliver the food to his bible study group. >> trace: the police chief says the suspect had a clean record and worked as a contractor for the defense department. claud claud claudia cowan has more. police say that he had a motive? >> yeah, blood tests could indicate some kind of impairment. the evidence gathering continues in this case. we have learned that police found a disassembled and

inoperable shotgun in the trunk of his car. it's unclear if he bought it legally or when he got it. isaiah peeples lad a limited presence on social media a couple of facebook accounts that didn't reveal much. he has no criminal record no, known ties to organized terrorist groups and he didn't know any of the people he struck. they add the ed that they gathered suggested that the crash was intentional. four people remain hospitalized. the ages of the victims ranging from 9 to 50. trace, the most seriously injured, a 13-year-old girl in critical condition. back to you. >> trace: yeah, it's an awful story. and then the officer from the suspect's family saying this is totally out of character. >> yeah, that's what they're saying. they're describing the suspect as a quiet church-going man that would never hurt anyone on purpose. an iraq army vet that suffers from post traumatic stress disorder. he's mother says she thinks that

something went wrong with his car or that he suffered a severe bout of ptsd. an eye witness that called 911 said after the suspect crashed his car into a tree, he sat there muttering the same thing over and over. >> i was yelling at him. what is the matter with you? what is the matter with you? he was inside the car. the air bags had popped. he was sitting there. he was saying, thank you, jesus. thank you, jesus. >> other eye witnesses say they heard him say the same thing. police say after he was taken into custody, peeples did not behave in any manner considered bizarre to us. isaiah peeples is set to be arraigned tomorrow in san jose on eight counts of attempted murder. trace? >> trace: thanks, claudia. live in sunnyvale, california. dozens of people in the hospital after a toxic cloud hovered over

a town. the warning from police is coming up. plus, the cat that went to kitty jail after getting dozens of complaints about now the family is suing. and that's next. i have fantastic news for veteran homeowners who need cash. with home values rising all across the country, now's the time to use your valuable va home loan benefit. newday usa can help you refinance and get 54,000 dollars or more and lower your payments by $600 a month. and since they've been granted automatic authority by the va, newday can say yes when banks say no. so if you're a veteran homeowner who needs cash, now's the time to call newday usa. go to newdayusa.com or call 1-800-420-9803

>> trace: cops order folks in a chicago suburb to stay inside after a gas leak sent more than three dozen people to the hospital. they say a truck carrying a type of ammonia used in farming spring a leak and left a toxic cloud over beach park, illinois. that's about 40 miles north of chicago. the cdc says it's deadly any high level was. cops say they don't know what caused the league. the major of baltimore facing more calls to resign after fbi and irs agents raided their home offices and city hall this morning. the feds are investigating whether major katherine pugh use children books to disguise government kickbacks. the republican governor says the democratic mayor is clearly not fit to lead and should step down. the mayor's lawyers says she

deserves the presumption of innocence. jacqui heinrich reporting live with more. jacqui? >> it's not just the governor. the entire city council and the maryland house of delegates also called for her to step down. mayor pugh has been on sick leave. she's not indicated when she's coming back and there's the rub. she doesn't have to. there's no process to impeach a mayor in the baltimore city charter and no time limit on leave. the controversy started after the maryland governor asked for an investigation of sales of pugh's childrens books. baltimore sun reported that kaiser brought 20,000 copies of healthy holly at the same time that they were trying to get a contract for health insurance for city employees. in total, her business took in about $800,000 in sales. the fbi raided her two homes and city hall today.

pugh was not indicted for any crimes so far and the search warrants are sealed. pugh's defense attorney said she's cooperating and the agents were courteous and the process was conducted in a professional manner. we'll continue to defend the mayor who is entitled to presumption of innocence. a spokesperson for the mayor's office had no comment. >> trace: what about state lawmakers? >> a growing list that is calling for her resignation. elijah cummings said she should put the interest of the city first. governor hogan tweeting that mayor pugh has lost the public's trust and not fit to lead. for the good of the city, mayor pugh must resign. baltimore residents calling for her resignation. trace? >> trace: thanks, jacqui. thank you. a family in washington state is suing. ready for that? after their cat faced dozens of

citations and went to kitty jail as officials talked about deporting the cat. the family demanding all the charges dropped against the brown tabby. she's ten years old and lives in belleview east of seattle. a neighbor called her vicious saying she attacked rabbits. another neighbor says she's friendly and does cat things. >> friendly with my dog and friendly with people. if they wanted to get a bunny, it would get a bunny. >> trace: cats are not allowed to roam freely in belleview. the cat did roam the neighborhood freely. the family's lawyer that said one of the neighbors that complained about the cat was an animal control officer. watch. >> the same person that complained against her is the person that signed the deportation order. which we consider to be a grave conflict of interest. >> trace: yeah, so he's no longer in that position. the family's lawyer says he did

sign a form in 2017 when meeshka went to kitty jail and she was threatened to be deported. the county would not comment because of the ongoing lawsuit. brian is here with more. often you don't really go after the cat in this kind of thing, do you? >> look, i have tried attempted murder cases in criminal court, wrongful death cases but i never defeat add cat in kitty court. it's crazy. let me break it down. an ordinance that says the can't can't roam unabated in another yard. we don't know the intent of the cat. >> we're talking about intent. >> you need intent to prove a crime. the cat doesn't know. she's just enjoying life. >> trace: the owners on the other hand, there's some liability here. in belleview you cannot let your

cat roam around. >> that's why meeshka's lawyers should do something different. instead of filing a lawsuit, they should find a lawsuit challenging the validity of the ordinance and seek an injunction to stop the city from taking their cat and possibly euthanizing the can. >> the animal control officer really being a neighborhood, that really is -- they said it's a conflict of interest. it is, ryan. >> i have a good suggestion for that. robert mueller is done with president trump witch hunt, right? he's available. >> trace: that's a point. >> sent special counsel to investigate this cat tragedy. >> trace: so the idea, is cat is going back to the family. the truth, he will have to stay within the boundaries of the house. >> at the end of the day, the corrected measure should be more geared toward the owners of the cat. for example, fine them for allowing the cat to go unabated.

you don't take this out on the cat. >> cats are cats. they get up on the fences and roam around a little bit. real will? >> where are the paw prints. right? >> exactly. >> where are the witnesses. >> trace: if you're the neighbors, you could be more amenable to having the neighborhood cat roam and or is it -- you're worried about the mice, the bunnies. >> i think there's an underlying issue with these neighbors. i don't think it has anything to do with the cat. >> good seeing you. >> trace: thanks. remember the surveillance program that edward snowden talked about? there's word of a new push to put that whole thing on hold. that's coming up.

>> trace: and there's breaking news. a judge has ordered a man suspected of plotting a massive attack against politicians and

journalists be release from jail. coast guard lieutenant christopher hassan was ordered released from custody until his trial in federal court. today prosecutors laid out new claims that the suspect was planning a domestic terror attack on politicians, supreme court justices, media figures and black people. this is the massive stash of weapons that investigators found. prosecutors did not add any new terror-related charges and that's key. the federal judge released him from jail until his trial. hassan pleaded not guilty to related firearm and drug charges. the judge has not set a date for the trial. until then, he remains a free man. the of the go has been collecting force on domestic phone calls and text messages september the september 11th attacks. that controversial surveillance program may be close to winding down. first reported by the wall street journal, the national

security agency is pressing the white house to suspend the program for news. officials say it's just not effective in today's world of social media and encrypted apps. gillian turner reporting live from washington. gillian? >> good afternoon. fox news confirms the national security agency has recommended president trump shut down one of the most controversial spying programs in american history. it's called stellar wind. for over a decade, the program allows the nsa to gather data on american's phone calls and text messages. that data was used by intel operatives to track down terrorists and their networks. now the nsa thinks stellar wind is too burdensome to maintain and asked president trump to reconsider. an nsa spokesperson tells fox news this issue is part of deliberative intelligence

processes. the law expires in december. the law is congress's 2015 u.s.a. freedom act. stellar wind is a top secret program. it was created by the bush administration after 9-11. it operated below the public's radar for 12 years until edward snowden leaked its existence to news outlets. stellar winds provoked a national outcry that pitted civilians against the intelligence community. >> sources say their bet is on president trump shutting stellar wind down. because he believes himself to be the victim of government spying during his campaign. he has less of an appetite for stellar wind than his presidential predecessors. >> trace: u.s. officials are warning people to stay away from places of worship in sri lanka

because they might be target add again this weekend. this comes after suicide bombers were killed in churches and hotels across the country on easter sunday. sri lanka's prime minister says there's suspected militants on the run an they may have explosives. benjamin hall has the latest. >> in fact, the sri lankan authorities have revised downwards by about 100 the number that were killed. it's 250 instead of 300. we're learning more about the attackers. they came from wealthy members of the muslim community. two were fighters in isis in iraq and syria and two came from a broad, the u.k. and syria. it's not clear what role if isis played in this, if it was just inspiration. now we hear the defense minister

has resigned amid claims that he didn't follow-through on the tip that was given from india that could have prevented it. trace? >> trace: benjamin hall live in london. thank you. i'm trace gallagher in for shepard smith. "your world" with neil cavuto starts right now. >> neil: it's a go for joe. the former vice president of the united states, joe biden, becoming the 20th democrat to enter the 2020 presidential race. president trump waste nothing time tweeting out welcome to race, sleepy joe. joe biden becoming an instant frontrunner alongside bernie sanders. the frontrunner status can give and take away. remember jeb bush? he had it against donald trump in 2015 before he didn't. and then there's howard dean. he emerged against