>> sandra: i've been waiting for this, i've been waiting for this. we have ten seconds left. >> ed: i have to get my coworker -- i love sandra smith. >> sandra: i love it, happy valentine's day, see you monday. to be when we begin with a fox news alert, the white house says president trump is not bothered order tired after his attorney general criticized the president for tweeting about the sentencing of roger stone. attorney general bill barr says the president has never pressured him but he also expressed frustration with the president's comments on the case on twitter. >> i think it's time to talk the tweeting about department of justice criminal cases, to have public statements and tweets made about the department, about people in the department, our

men and women here, cases pending in the department and about judges before whom we have cases make it impossible for me to do my job. >> harris: i want to slide this and because this is just happening, we are getting word from one of our correspondence that a person familiar with conversations is telling fox news now that attorney general barr had complained to president trump privately for weeks about his tweets and public statements that criticize the doj and its branches. also today, senate majority leader mitch mcconnell weighed in on of this. >> the president made a great choice when he picked bill barr to be attorney general and i think the president should listen to his advice. if the attorney general says it's getting in the way of doing his job, maybe the president should listen to the attorney general. >> harris: despite the advice, the president taking to twitter. "the president has never asked me to do anything in a criminal case. this doesn't mean i do not have

the legal right to do so. i do but i have so far chosen not to." here today, melissa francis, dagen mcdowell, fox news contributor jessica tarlov and in the center seat, brad blakeman is also very serious. former deputy assistant to president george w. bush, he is seriously "outnumbered." happy friday, happy valentine's day. >> jessica: happy valentine's day, everyone. it's in interesting potential bit of messaging, it's not a bad thing to have the president and someone who says he sees it a different way potentially and his ag, the president doesn't seem to mind. >> brad: the president's unorthodox, tell us something we don't know. the president was relating to something he saw that we all saw, a public announcement by the prosecutors about roger stone's recommendation for his

sentence. that doesn't mean the sentence he's going to receive because it's up to the lifetime appointed judge, but the president didn't do anything underhanded, didn't do anything wrong, what did he do? he reacted to a public statement. unorthodox, yes. >> melissa: it looks bad, that's been the point all along, it looks like he's pushing the ag to do something and that's what they ag was saying, i am my own guy, i do my own thing and is that wh what you meant by a g point of view? >> harris: let me show you a little bit of that independence, his sweet make it impossible for me to do my job, those were his words. >> brad: i think the natural tension the attorney general has is not unusual to this president or any other president, presidents are always caught between their statements and the executive branch heads who serve

him. >> harris: even before twitter? >> brad: especially with the attorney general or fbi director there has been a tradition that there is more of an arm's-length relationship but with president trump, all president trump did is react to something -- >> harris: this is what critics will argue, that it has a chilling effect on the president because he's the president and there is no difference in tweeting it, is that fair criticism? >> brad: we've never had a president like donald trump who is willing to make statements when he feels they are necessa necessary. it could be seen as nefarious, that we never would've known about it but before -- >> harris: maybe that happens all the time with previous presidents. >> brad: exactly but it didn't happen here. >> harris: let's get to this, val demings suggesting president trump and ag barr

conspired ahead of the interview yesterday. >> i would not be surprised if the attorney general and the president were not in cahoots in terms of ag barr making a public statement to the american people. >> harris: so she's guessing there, jessica. >> jessica: she's guessing there but i don't think it's that outlandish of a gas, there's a lot more stories we covered here, the doj reversing their original recommendation and you saw someone refer to it as doj on doj violence, you saw four prosecutors resign over this. that puts the most pressure on bill barr to come out in defense of the institution here. highly respected -- >> harris: the president becomes the lightning rod at that point. >> jessica: there are times where i can kind of see the counter narrative, i do not think this helps him at all, for him to look like he is pressuring the doj like this. i believe there's a chance that

bill barr and the president coordinated on this, i don't think bill barr woke up and said i really got to defend the institution, it's interesting that you have the report that he's been calling the white house for the last couple weeks saying lay off but bill barr has done the president's bidding at every turn. if you go back to the press conference he gave about the mueller report, when he put out an incredibly misleading statement, he's in lockstep with the president. >> harris: two things before we move on. the white house denied that there was any sort of coordination between the attorney general and the president's office. >> jessica: stephanie grisham should have press conference. >> harris: it's just plain and simple, he's in the spotlight right now on this. >> dagen: bill barr quoted in that very statement "no conspiracy, no collusion" and they decided not to pursue charges. in fact, fact, fact.

here's what really went on behind the scenes. there was an interim u.s. attorney that told the department's leadership that he and other career officials in the office felt the proposed senate against roger stone was excessive and the deadline nonetheless threatened to withdraw from the case unless they got their demands for the stiffness of penalties. interim, new to the job, suffered a moment of cowardice and submitted to this ultimatum. the filing took justice department leaders by surprise and the decision to reverse was made well before trump tweeted her and with no communication with the white house. these lifetime prosecutors, they are employed, they are in leadership.

judgment based on politics are favoritism. >> melissa: going on social media and posting about the case that she's working on, there are so many details that seem to fly in the face of justice in our country. >> jessica: i don't think that should have been made public, we all have our political opinions and serve on juries. >> melissa: what is it say about your judgment when you're on a jury. >> brad: there is fraud in this juror being seated on this case. with what she had said before and what she said when she was selected, she should have made her opinions known not only for the prosecution but the defense and the judge and i guarantee as a lawyer, if she would have been

truthful with the court, she wouldn't have been on it. >> harris: one of the things i noted, we move forward in all of this, maybe social media that's been around for more than a decade ought to be part of the deep dive you do on a juror. i don't know. >> the prosecution knew this and kept silent, that's what needs to be determined even though the judge in this case picks the jurors, it is not in a void. as the defense lawyer -- >> harris: do you think the prosecution has done a dive on it? you're just following, during the time, there's a lot of irregularities, it doesn't give anyone faith in our justice system, i think william barr did himself a great service by going

out and doing the interview and saying the president is making him miserable, it will be interesting to see over time to have a president response, they are making it very hard for him to do his job and going out and doing an interview shows his frustration and shows his independence to the point where -- maybe that was contrived, i don't know, i can kind of see that, i almost like to think there that coordinated, they are not that on message at the white house. >> jessica: senator blumenthal intimated the same thing on another network. i think we should highlight what has happened now that republican senators, senators, congresspeople, et cetera are having to spend their time defending roger stone and paul manafort who are two incredibly unsavory characters and that's what this president has done. surrounded himself with criminals. they both broke the law. roger stone -- >> brad: these are all

personal things to them. >> jessica: he obstructed congress, tampered with a witness, he lied, that makes you a criminal. >> brad: these are their own failings. >> jessica: paul manafort paul manafort's wasn't? the crew around this president is the swamp. he said he was going to d.c. to clear the swamp, he hired to the swamp in full. >> dagen: you want people thrown in jail because they like donald trump, that's essentially what you're saying. >> jessica: tell her to go easy. oh, my god. i'll obstructed congress, no big deal. you did -- >> dagen: i said nine years is unfair. everybody i've talked to in law says that nine years is all that we are talking about. >> jessica: i do not want to jail trump supporter's, that is not what's going on here and i

wish he would take that back. what i am saying and i am not alone here, there is bipartisan agreement that someone like paul manafort had this coming, he spent years doing dirty deals in ukraine and in russia. >> melissa: i don't think anyone disagrees with you. >> jessica: talking about how unfairly these people are being treated -- dagen was screaming at me. >> harris: i want to interject and remind everybody that today is a day of love. he spent much of the week, reminding us that he once apologized. that's how he spent much of the week. after a five-year audio clip got him in hot water. now michael bloomberg arguably making his strongest remarks yet on stop and frisk. his policy here in new york city when he was a three term mayor. whether it's enough to quiet the controversy. >> there is one aspect that i

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>> melissa: michael bloomberg again expressing regret for the stop and frisk policies he inherited when he became mayor of new york city and defended for years. >> i defended it, looking back, for too long, because i didn't understand then the unintended pain it was causing too young black and brown families and their kids. i should have acted sooner and faster to stop it, i didn't, and for that i apologize. so for tonight, let me make it clear, as president of the united states i will work to dismantle systems plagued by bias and discrimination. >> melissa: making the remarks

in houston where he launched his mic for black america campaign. harris is rolling her eyes, and picked up an endorsement from the city's black mayor. this all coming on the heels of explosive audio from 2015 where bloomberg described the policy has a way to reduce violence by throwing minority kids "up against the wall." harris, i will let you go first. >> harris: there are million black people, they are not all the same. you've met my children. i'm hoping to get the black america vote so i'm going to put up the sign? i hadn't seen it until now, i must've missed this rally but when you see it on that big wall, bigger than anybody's head on the wall i have an honest reaction to that. what is that? and if i'm wrong somebody please tell me but we are all differe different. >> brad: it's bad and offensive messaging is what it is and this is about the fifth time he started his campaign apologizing for what he's done

in the past and it's a heck of a way to start a campaign but his messaging is not the best, we have an example of it here and when you're on the defensive you're not winning at the type of voting -- voters you need to attract. >> melissa: jessica, are voters buying this from him even as the audio comes out that seems to tell a different story? >> jessica: i think there's going to be a different discussion in the african-american community, people predominantly targeted by this policy versus everybody else going to the polls and voting for a democratic contender. his rise in the polls is not deniable, he got himself into third place in national polls, in south carolina he has the second highest majority of black support behind joe biden, bernie sanders, mike bloomberg is the main beneficiary of that, he's also racking up these endorsements from prominent

african-americans. it's a huge boon for him, max rose, the staten island congressmen who comes on "overtime" with you, harris. his climate change packs, et cetera, there's no question that he's using his money to get ahead in this race but people are now looking so weak, lookinr an alternative and he said standing up to president trump. >> harris: can i ask you about some of that, you would know it fox business, is it because they are not looking at black voters? which is why i had such a reaction to that sign, the color is green, the color is money, the color is the economy. from all walks of like, socioeconomic, social and cultural, that the economy is what will drive this argument? they trust that he can do what he did for new york. >> melissa: he's already said he won't, he's going to raise

taxes through the roof. >> harris: what will he be, who is he really? what will he be if he gets beyond that point? >> dagen: he's a democrat proposing raising taxes. not as much as maybe elizabeth warren. if debt becomes a bigger issue for the united states as we move into the election season he's got this in the bag, he took new york from a $4.7 billion deficit and turned it into a -- >> melissa: not by raising taxes, this is walking right in the front door, he wants to do the opposite, he's promising to do the opposite of what he did in new york. from stop and frisk, the things he was going to run on, a city that was business friendly, low taxes, lower regulation, and the fact that the city was safer so he's now denying both of those two things that were in theory his strengths as a mayor. the audio sounds horrible, i

understand why he needs to walk all of that fact, i just don't know what he has left because a lot of people thought he was a fiscal moderate but he blew that out of the water right out of the gate. >> dagen: he also took on the failing education system here and didn't try to right it which is an issue around the country. trying to ban large sugary drinks, new york city actually has in part fully socialized medicine where new york has actual hospitals people go to and the united states where you have the medicare hospital trust fund going bust in six years, you have somebody who starts talking about really trying to make that and fix it regardless of how dramatic the moves are, the details, i am just saying. >> harris: those chronic diseases run on by obesity and

so on and so forth. if old mike or a new mike were talking in those terms, that's different than saying i'm going to divide you by the color of your skin and capitalize that and here's a sign that says it. i'm open to argument on it. >> dagen: he went to greensboro north carolina and called it gainesboro, he needs to fix that, too. >> melissa: some democrats in a panic mode over the rise of bernie sanders. alexandria ocasio-cortez says that sanders may be forced to make a major compromise on one of his key policies if elected. plus, joe biden facing another big setback as he looks to refuel his 2020 bid. top democratic donor calling on biden to drop out and protesters last night doing the same. >> drop out, joe. it drop out, joe.

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>> harris: this is breaking news right now, the justice department has closed its investigation, it will not pursue a further case against former acting fbi director andrew mccabe, meaning no charges will be brought against him. and breaking news right now, there is a statement coming from the council for andrew mccabe, i will read it in part. "we learned this morning through a phone call from the washington, d.c., u.s. attorney's office that was followed by a letter that the justice department's criminal investigation of andrew mccabe has now been closed. this means no charges will be brought against him based on facts underlying the office of the inspector general's april 2018 report. at long last, just as has been done in this matter. that is the counsel, in part the statement they just released for andrew mccabe. fortunately, brad blakeman is on the couch with us today and a lot of his legal background and

political background will come to bear, we are going to lean on you. what does this mean in the big picture? >> brad: that means he's not being criminally charged, that doesn't mean he wasn't derelict in his duties. there certainly is in my opinion liability with regard to his leadership, the fact that he presided over the fbi that had such political animus in its investigations, look at the fisa warrant that was defective on its face, i believe to be fraudulently perpetrated against the court and that has yet to be flushed out. these charges of lying and committing perjury, he escaped criminal liability but that doesn't mean he wasn't derelict in his duties. >> harris: is there a further road to take against him? >> brad: there may be continuing investigations we don't know about. >> harris: you and i were talking off camera and i said this feels less political now with william barr making a move

like this ahead of the doj and perhaps he'd been accused of, what do you say about that? >> dagen: i think that's spot on, evidence, we know how president trump feels about andy mccabe based on his tweets over time, this is bill barr not doing the president's bidding, perhaps. but i will point something out, jim comey's testimony contradicted andy mccabe's testimony, those two former allies were not in agreement with each other about this said leak over the foundation investigation and comey said in his testimony which the inspector general talked about in their original report, comey was misled about age, that was part about what was going on. if this ever went to trial, jim comey would've been a key

witness. >> harris: the penalty for lying to the feds are trying to wiggle out of trouble is so far from uniform, every situation is different and i just don't know what to make, i don't like that. >> brad: the feds led to all of us, they seem to escape liability every time but something tells me we haven't heard the last of this investigation. >> harris: that's what you're saying, do you foresee then anything coming up that would touch on andy mccabe? you know, if you look at james comey, it's hard not to look at them both. >> brad: he may have escaped liability today, he may be a witness tomorrow against somebody else. >> jessica: andy mccabe was in trouble for lying about a leak, a media link, we know jim

comey also leaked which he did admit. i am curious, the department seems to be very different, it seems to at least feel a little bit like it's gone back to the pretrump area where there is this level of animosity, the people in the bureau even at the higher ranks and the president, that is a hopeful sign for this but i think we do need to spend the next spend time examining why people in these positions of power felt like they should be leaking to the media, that's something -- bob mueller, for instance, would never have considered doing. >> brad: the fbi is a tool of the federal government on every level, you leak for several reasons, you want to advance something or you want to be a big shot and show that you know something but bob mueller is no saint. of course not, he's done everything he needed -- >> jessica>> jessica: do you hae

evidence of that? >> brad: i've been around washington long enough to know -- >> melissa: i'm saying there are certain people who embody the vision of what we think these people to be like bob mueller who, given his reputation -- >> brad: that is not based in reality. >> jessica: i haven't seen evidence to support that, i welcome it. we are talking about a particular individual and i'm just saying, christopher wray seems to be built of that same stuff, i don't get the impression that he is running to "the new york times" behind anyone's back to do this. >> melissa: everybody thought james comey was a good guy before. >> dagen: know, "the wall street journal" wrote an editorial when president obama named him president of the fbi, saying don't do it, he's a bad guy, he operates in the interest of one and that's himself, we can get the former investment banker on the phone, he can tell you there is a center for justice funded

at the university of pennsylvania who was pursued wrongly by jim comey when he was a prosecutor, they should be called the anti-jim comey center for justice. >> melissa: plenty of people that went on television and said he was a good guy, my point is just that i don't think we know, that's what you're saying, we don't really know what any of these people are like and what they're doing and that kind of bring brings back my point, there is this feeling that there is not the same punishment for these same type of deeds and it's distressing. >> harris: one thing you said, i was trying to dig down deeper with you, this isn't over yet. it could very well be that andy mccabe becomes part of a wider investigation, he gets caught up in a different type of web, be careful what you wish for.

>> brad: he may be a witness tomorrow either in the direct case against another name to defendant or having to justify his leadership at the fbi. >> harris: i don't want to miss the point, ag william barr has had this job twice, that is rare, rare, rare stuff. your take quickly on what's unfolded in the last 72 hours. >> brad: i think attorney general barr has done an outstanding job and he has a lot of different competing interests. with the president being his boss, the agencies he has to oversee, the cases he has to manage and it is a tough job, but this is the best guy to handle the politics of the job, the good governance of the job and he handles it very well, probably the best person we want at this time. he's going to get to the bottom of all these items and bring justice. we may not be happy but i can

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>> harris: some new troubles for joe biden who attended a high dollar fund-raiser in new york city last night hoping to refuel his sputtering campaign. fox business reporting that several top wall street donors would rather the former vp dropout, michael bloomberg will have a better chance to win. has supported democrats in the past, saying i feel sorry for biden, he should withdraw, he has no chance. the donors citing biden's poor showing in iowa and

new hampshire. meanwhile, protesters surrounding biden last night as he was leaving the manhattan event, yikes. [chanting "drop out joe"] >> melissa: do you agree with the idea -- we've seen rumblings in the business world of people on wall street getting nervous that joe biden is not cutting it, they don't want bernie sanders, they want some democrat in there, do you think -- do you believe all of this? >> dagen: some of it but you better be careful what you wish for, if they push biden out verbally, they stink s they thik those votes are going to go to mike bloomberg, they can't be sure of that and i would just point out, lee cooperman gave $1,000 to hillary clinton, you

were telling her, bill clinton was there, in terms of the ability to pick winners, he gave money to marco rubio and jeb bush in 2016 so his track record in the short run ain't so good. >> jessica: it's been a bad couple weeks for joe biden, no one would deny that. in both iowa and new hampshire, one of his rallies actually -- an amazing experience, with actual voters who are going to do it, a lot of union support there, two videos, one was narrated by president obama, there were people crying in the audience, there such a palpable desire to have obama back and the spirit spirit of obama that is definitely fueling it but this dropout joe thing before

any people of color have voted is so obnoxious. of his margins aren't big enough in south carolina, mike bloomberg really eating into that lead, he's going to have to think long and hard about super tuesday where right now he doesn't have the money to compete. >> melissa: the latest polls have his african-american support dropping in half. >> jessica: i imagine he comes in first but if he comes in by a five-point lead by hillary clinton who blew bernie sanders out of the water and she was the only candidate that african-americans supported, he can't make it. >> melissa: if you had to guess right now, who do you think that nominee is going to be on the democrat side? >> jessica: i think we are going to go to contested convention. >> brad: it's been a rough 30 years for joe biden and he's tried this time and time again. we see the money drying up, the support drying up, unions do not

endorse anybody. the bread and butter candidates, they are worried so they know if it's a bernie or more socialist democratic candidate, the one thing unions have a bargaining chip under the salary as health care, what do the unions offer their members? >> dagen: bernie's plan rips medicare as we know it, it folds everything into one big pot. seniors in unions who need their support. >> melissa: we will see. a battle over sanctuary city policies, following president trump's meeting with new york governor andrew cuomo, where this goes from here. ♪

>> jessica: president trump and andrew cuomo it failing to reach an agreement amid a standoff over a partial federal ban on trusted traveler programs. the move in reaction to the empire state allowing illegal immigrants to obtain driver's license and not sharing its dmv data with federal immigration officers. chad wolf who was at the oval office meeting insists the administration is concerned with

security, not politics. >> new york is the only states, and that bears repeating, the only state that restricts information sharing, other states have similar bands but not as extensive as new york. a state like new york, the birthplace of 9/11, we should be tearing down silos to information sharing, not building them up. >> brad>> jessica: he told repos that he would not allow trump to extort him. this is obviously a really tricky situation, the sanctuary city status, the things that the administration has said about undocumented folks with a very real security concerns that you don't want to get o airplanes without information. >> melissa: i did the deep dive on this, why do you need access to the dmv records if you're trying to track if someone can get on a flight.

there are things like felony vehicular homicide, felony dui, you are a criminal. if you have a felony charge are not supposed to be able to get the trusted traveler program. the plus side, why would that be okay on a case-by-case basis, finally someone kind of admitted to me, this is the only place you can go so if you're looking for anything, you want to serve a warrant on anyone, you need a photo to hand out to your group to say this is the guy we are looking for so if they can't get into new york's dmv, they basically can't go get anyone new in new york. in new york i see these ads saying even if you're here illegally, come get a photo i.d., come get a license, i wonder how many people know. you're here illegally, do you really go to the dmv and get your photo taken?

>> jessica: an hour long line, people did show up to do it, people knew they be protected. andrew cuomo is invested in this. harris, i want to get you -- >> harris: i want to give you all my time by asking this question, what rights do undocumented people in this country and expectations back by those rights have that maybe the rest of us don't have. if they won't give the information to the feds? >> brad: this is bare-bones knuckle politics and you can't have a governor, a mayor, a nonfederal official telling the federal government what they're going to do with federal law and there is a price to be paid when they think they can trump, if you will, federal statutes. if you're going to do this, you're going to do that but what you just pointed out, information that can be gleaned from this, what if we didn't

connect the dots and somebody did commit a violent act, who with a first be screaming about? the president who allowed it to happen. >> harris: do we do more to expect that their privacy would be protected if they were not here illegally. >> brad: we are giving more rights and benefits to people who have not contributed to this government at our here illegally than the people who are citizens in this country. >> jessica: legal and illegal immigrants contribute to the society, if kennedy were here she would certainly be ringing that bell. >> brad: we don't kic pick and choose the laws we seek to uphold. >> jessica: we do not demonize immigrants and on the whole they do not commit crimes after they enter the country. >> melissa: we are not saying that. >> jessica: he just said they have more advantages.

>> dagen: i can phrase it in a nice way and i apologize for yelling at you earlier. again, because we are friends. >> melissa: we get excited. >> dagen: and i am a yeller. it certainly politically creates the appearance that cuomo and mayor de blasio are siding with people who are not in this country legally over those who are. the difference -- >> harris: you answered it in a different way. >> dagen: i didn't yell. >> jessica: best friends and moving on. at white back tight squeeze at 30,000 feet causing viral debat. ♪ ♪you make everything... groovy...♪ done yet? yeah, yeah, sorry, sorry. you sure? hmm.mmm.

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>> twitter exploding over a video posted online by an americans airline fire of repeatedly the back of her feet. c. asked her to put her seat back

upright while he ate his meal which he did but only until he was finished, then this happened. one tweet reads "you are both in the wrong but reclining here seat is the most selfish and inconsiderate thing a person can do, it ruins the travel experience of the person sitting behind you. you are just as bad if not worse. another says it's ridiculous for people to say you shouldn't recline your seat, it's an option for a reason. you are fully within your righ rights. legalize it. >> fully within your rights, you pay your ticket, you have a seat, you have a recline button, she didn't do anything that she didn't pay for. the guy behind her was obnoxious and in my opinion could be assault on the woman in front i guarantee if it was a man who is sitting in front of him, there might've been some trouble on the plane. >> i would be really frightened if i were her, he seems violent and kind of crazy. >> definitely hostile.

>> i would have been frightened. when my kids were little, they would kick the seat in front of them and i would try so hard to get them to stop. i have such sympathy for that and they usually did. is very disruptive but we are all in really small spaces and all trying to accommodate each other but for him to sit there and punch it is so hostile, it is scary. >> it's a weird idea that you shouldn't recline your seat if it's an option. i understand coaches tight, be mad at the airline, where people are usually focusing their animus here and i am a prisoner of their frequent flyer program. make him stand by the bathroom the whole time or whatever you had to do, that woman also had a neck problem i think ann is just terrible. >> it was an american eagle flight which is a very small plane but i will add this, i go from devcon five global peace time to devcon one thermonuclear war which you've seen.

i always worry about what do you do? you can get angry on a plane, they will put you in cuffs. >> not this guy. >> thank you to brad blakeman on the rest of the couch, happy friday. >> happy valentine's day valentine's day. >> here is harris. >> harris: we have a busy hour ahead awaiting president trump's reaction after the doj dropped its investigation of a key figure in the rush of probe. this is "outnumbered" over time, i am harris faulkner. a former acting fbi director andrew mccain's legal team said they've been informed the doj will not pursue criminal charges against him. this comes after attorney general bill barr in a rare break from president trump took aim at th the presidents tweets critical of the doj. amid the firestorm over the roger stone case. democrats are demanding his resignation saying the president intervened to reduce sentencing recommendations.