>> pretty excited, out on paper back tomorrow. . includes brand-new interaction between sam houston in the epilogue. i hope everyone can join it. briankilmeade.com. see you tomorrow, everybody. >> sandra: fox news alert now, a judge could be signing off today on the justice department's motion to dismiss the case against former national security advisor michael flynn as president trump ramps up criticism of his predecessor implying that former president obama is linked directly to the investigation. good morning, everyone. i'm sandra smith. >> ed: in a league call with former staffers, former president obama slammed the doj's decision to drop the case saying the rule of law is now at risk. flynn had pleaded guilty to providing a false statement to the fbi regarding his contacts with the russian ambassador. but he raise sharp questions about the agency's tactics.

flynn's attorney now claims documents prove top officials try to set her client. >> the whole thing was orchestrated and set up within the fbi and the oval office meetings. >> so you think this goes all the way to the top to president obama? >> ed: as we await that possible signoff by a federal judge, good morning. >> flynn's attorney making those claims they are after former president obama is blasting the bar's decision to drop the case. he misstated the charges against flynn as perjury but says there is it. >> that's the kind of stuff for you begin to get worried that basic not just institutional norms but our basic understanding of the rule of law

is at risk. >> meanwhile, president trump weighing in as more information comes to light including the transcript showing obama was aware of a call between flynn and a russian ambassador tweeting this. "he got caught. obama. now could sign off on the flynn's or could call the lawyers back to account for their decision, unclear what's next either way. trey gowdy says it's hard to envision how it proceeds forward. >> good luck prosecuting the case, judge. you've got to have a prosecutor to prosecute the case. so the doj is not moving forward, i don't think the judge is going to do it himself. >> vice president pence is weighing in, fired in 2017 for lying to pence, but now rolling out a welcome mat. >> i believe a decision by the justice department lays bare

what was clearly prosecutorial abuse and for my part, i'd be happy to see michael flynn aga again. >> we may see pence today at the white house briefing after self-quarantine because one of his staffers testing positive, he has since tested negative and supposedly will be in the rose garden today. >> ed: griff jenkins, thank you. >> sandra: for more on all this, let's bring in chief political correspondent for the "washington examiner" and fox news contributor. i know you have a lot to say on all this. to see the reaction pouring in. your thoughts this morning? >> ever since republicans first began to discover questionable actions by the fbi and the trump-russia investigation in 2016 and the nearly 2017, they were asking the question which is what did president obama know about it? after all, he was the president when all of that was happening, and what we've seen in these new papers that were released as

part of the justice department's decision to withdraw the plea -- the charges against michael flynn, we see in these papers there was a meeting in the oval office on january 5th 2017. and basically what has happened is the intel chiefs have come there to discuss the intelligence community assessment about russian hacking into the 2016 election and at the end of the meeting, the president says everybody can go and keeps james comey and sally yates was a top official at the justice department there and tells them he knows about these michael flynn wiretaps, these transcripts. and we are not sure what else they discuss about it, but we do know that not long after that, the story leaks to "the washington post," creates an up or that greets the new administration when president trump takes office on january 20th. >> sandra: really interesting stuff there. casey mcfarlane who served as a

flynn's deputy had very similar questions. here she is reacting on fox news earlier this morning. >> my big question going away from this, who knew what and why did they know it? was it susan rice? was a vice president biden? was a president obama? what did they know and when did they know it and who was in charge of this massive attack not just against general flynn and myself, we were collateral damage. they were always going after president trump. >> sandra: what answers will you eventually get to all of that? >> she raised a couple of really interesting names they are. and when i said the president sent everybody out of the room except for jim comey and sally yates, to other people were in the room. susan rice who is a national security advisor. the interesting thing about that is on january 20th, 20th, inauguration day at virtually the moment donald trump becomes president and barack obama leaves the presidency,

susan rice writes a memo to herself about that meeting on january 5th and she emphasizes twice that the president told everybody that he wanted to do everything in the flynn matter "by the book." he said that a couple of times. kind of odd, protesting too much perhaps. they don't really know what was going on there. so even though these flynn charges seem to be history now, we still don't know exactly what was taking place in the obama white house. >> sandra: "the wall street journal" editorial board takes us on this morning when former president barack obama and on michael flynn. it misstates the crime in the real threat to justice, the board of writing we doubt mr. obama has even read thursday's justice department motion to drop the flynn prosecution. he does ever read it, you'll find disconcerting facts that certainly do raise doubts about whether our basic understanding

of rule of law is at risk noting his own words though not for the reason he claims. the journal makes the case that he gets the case will fully wrong. >> certainly got it wrong and the actions of the fbi and the justice department are disturbing here, and here's one basic thing. at the two fbi agents come to interview michael flynn on january 24th 4 days into the administration at the white house. it's on the basis of that interview that everything else flows. he is charged with lying in that interview and yet the flynn people have not been able to get an accurate copy of the initial notes from the fbi agents on what was said in the interview. that's a difficult situation in any case. >> sandra: a lot more on all of this coming up throughout the morning as we await the judge on that. great to see you this morning as we kick off a brand-new week, thank you. >> thank you, sandra.

>> ed: fox news alert, covid-19 now reaching the west wing of the white house, to staffers testing positive in the last week and now dr. anthony fauci and two other members of the coronavirus task force are self isolating after possible exposure. meanwhile, treasury secretary steven mnuchin warning that unemployment could get worse before it gets better. >> the reported numbers are probably going to get worse before they get better, but that's why we are focused on rebuilding this economy. we will have a better third quarter, a better fourth quarter and next year is going to be a great year. >> chief white house correspondent john roberts live on the north lawn with more details. >> this really does illuminate the dilemma of getting america back to work and what could have been in the workplace if someone has coronavirus because here in the white house, three of the top u.s. officials dealing with coronavirus are now in self-isolation after having limited contact with a white house staffer who tested positive for coronavirus on

friday. doctors anthony fauci, robert redfield who is the head of the cdc, and dr. stephen hahn who is the administrator of the fda have all decided to self isolate for 14 days after was described as a low risk contact with the vice president's press secretary katie miller. she is married to the president's top domestic policy advisor stephen miller who also is an expected to be back at the white house for some time. the white house economic advisor kevin hassett this morning expressing what a lot of people across america are thinking today. >> it is scary to go to work. i was not part of the white house in march. i think i'd be a lot safer if i was at home then i would be going with the west wing, but it's a time when people have to step up and serve their country. >> dr. fauci is on what is called a modified quarantine of meaning he will stay home and telework to the best of his ability and may also drop by his office. he said he will wear a mask for the duration when he can

possibly in contact with other people and all those individuals will be tested on a daily basis. katie miller tested negative on thursday for coronavirus but when she started showing symptoms on friday, that's when she tested positive. he was expected to testify in person before the senate tomorrow, however chairman lamar alexander says 5g, redfield will now give testimony remotely and at the same time while this is going on, the institute for health metrics and evaluation has again revised upwards its forecast of a number of people who will die from coronavirus 137 people now saying will die from coronavirus by the time the calendar turns to august. >> ed: that number has been bouncing around for sure. john roberts, thank you for the information. >> sandra: california congressman devin nunes slamming democrats after the release of transcripts from the house intelligence committee's probe

into russian election meddling. why republicans are now calling out chairman adam schiff. new york congressman lee zeldin is up next on that. plus, dozens of children in new york state diagnosed with a rare inflammatory disease believed to be related to covid-19. we will have a live update just ahead. >> every parent out there, if you see these symptoms, take them seriously and act immediately. this is a real problem but it's a problem that can be addressed if it is caught early.

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my son tells me your company stinks. >> sandra: that was jerry stiller as franca stands up on the show seinfeld. he died of natural causes according to his son, he was a native of brooklyn and started his career back in the 1950s alongside his way of wow fife. he had a resurgence in the '90s with his role in seinfeld and the king of queens. jerry stiller died at the age of 92. a >> i think that's the real revelation for the american people as they were using their own russian dirt to ask questions that it was all fake, all phony the whole time in the press was in on this. it's the cover-up and i think that's the main thing is now you're starting to see the pieces of the coverups that are more important.

>> ed: that of course is devin nunes on the new will be released transcripts from the russia investigation saying they show the entire thing based on a bogus premise and now calling out adam schiff who repeatedly said he had seen evidence the trump campaign colluded with the kremlin to win the 201 2016 election. lee zeldin joins us now and serves on the foreign affairs and financial services committee. good morning. your thoughts on what if anything you can do to hold adam schiff accountable? >> adam schiff should not be the chair of the house intelligence committee. his gavel should be removed. he should be censured, he should resign. there's a lot that should happen, but nancy pelosi isn't going to punish adam schiff. in fact, that's the reason why he has the gavel in the first place. he's the chair of the house intelligence committee which became the house impeachment committee because of the way he writes these fairy tale pariti

parities. because of the russia investigation, it became the impeachment push. it's actually one that the democrats were warned, it's one that the media rewards a month so i'm not going to expect any repercussions even though he should've resigned today. >> ed: what about this parade of former obama officials on various networks adding to what adam schiff said, they said there was collusion, they knew there was, they were worried about michael flynn, worried about all these different things, they said that in public and then went under oath to the intelligence committee and as you know, now we see these transcripts that show they said something quite differently behind closed doors. they said no, we never saw evidence of collusion. how did they get away with that? >> they shouldn't get away with it, and right now is all these transcripts get released, you have other networks that aren't giving this the attention that they should after spending years in dumbing down their audience with what was a total fraud.

now, they should be correcting the record to let people know what's true and what's not true, but it is wholly embarrassing. they will take down their own network trying to correct three years of stories. so you have people like clapper, power, rice, they all come to testify under oath, and they say that basically the intelligence community doesn't have any evidence that president trump campaign colluded with the russians. you come to congress on you like, that's a crime but in the case of adam schiff if you are a member of congress, you get away with it new in the case of these three names that i mention, they get away with saying on networks what they might be saying under oath and in a closed-door skiff and end up contradicting themselves in the entire narrative. >> ed: a lot of people watch it and think folks in the media got it wrong, no accountability, they see folks like adam schiff as you noted a moment ago not much you can really do about what he was saying in public but in terms of the former obama officials, there is john durham

out there, this independent prosecutor looking at all of this unifies awards in all of that. here's your colleague devin nunes on what john durham might be looking at. >> i think the bigger issue is the conspiracy, who was doing this buying. who orchestrated all of this well before july the 30th of 2060 that's a key date to remember. who continued this buying and decided it was okay to wrap these people out to george papadopoulos and others? these are all questions we had outstanding for john durham. >> ed: not you have former president barack obama weighing in, is it going to lead to the question about what joe biden knew as well? he was the vice president. >> it should and now he wants to become president of the united states, absolutely. these are relevant questions regardless of joe biden running for president of the united states. devin nunes has been a warrior through this and has been roasted for years, he had to recuse himself from this

investigation even though he had more facts and he was ready to tell the american public the truth. he was getting run out of town primarily because of that. the houston astros have been roasted for that whole line stealing scandal. you want to draw analogies as to what consequences are right with other aspects of our life in the way our world works, what should happen here is that pulitzer prize and should be revoked. people have made millions off of this. they have a name because of this. it's really important for durham with his investigation for him to actually be delivering transparency and accountability. to have their expectations rise and then it be deflated with now and being held accountable for what happen. we want answers as to who knew what, but we also want to see there be accountability for this, for the fisa warrants, and for what happened with michael flynn, and i remember two years ago, i was on her show on cnn

and she was giving me a hard time claiming peter strzok had nothing to do it all with the russia investigation and michael flynn investigation and trying to lecture me on it. this is a time for us to be correcting the record not just with fox doing your job as you do and have done this entire time but especially these other networks that made money off of this dumbing down their audien audience. >> they now show peter strzok was right in the middle of the flynn case. a bottom line, less than 30 seconds, we are waiting on whether this federal judge will agree with the justice department and drop the case against flynn. is there a chance the federal judge that's a pause on it and says hang on because of the comments from barack obama and others? >> this judge should be dropping the case. that's justice, that's freedom. and on the side of the department of justice says when law ends, tyranny begins. the right thing the judge knows to do is it's allowed general michael flynn to go on with his life. he was my first grad first brige

commander on active duty. this case should be dropped. >> ed: we certainly think you for your service to this country and appreciate you coming on. >> sandra: fox news alert now from georgia where the state's attorney general is now asking the justice department to look into the handling of the ahmaud arbery case. a father and son were arrested and charged with arbery's murder last week over two months after the shooting and only after cell phone footage showing the incident sparked outrage nationwide. investigators are now examining a new video evidence that appears to show arbery walking into a house under construction moments before the shooting. we will have a live report on the latest developments next hour. >> ed: still ahead, by elon musk is threatening to move tesla out of california and sue bay area officials. plus, pressure building today on china to provide more information on the origins of the coronavirus.

maria bartiromo lays in next. >> i think as you know, the president is concerned about what did china know, when did they know it, how did they find it. (announcer) in this world where people are staying at home,

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threatening to move tesla out of california over the states shelter in place policies. let's bring in maria bartiromo on the fox business network and sunday morning futures here on the fox news channel. played a lot of sound bites from that show yesterday, made a lot of news there. i'll get to that in just a moment, but when you look at markets about to open, you've saw a couple of days of games last week, maria. seems like this market just wants to keep going up despite these dire predictions of 25% unemployment in this country. >> you're right, sandra and right now you're talking about a huge rally on the lows. when you look at the nasdaq, it has rallied sharply just from the lows because technology has been growing as we see new ways of doing things that a lot of people are expecting, the digital economy to only accelerate the ring shutdown. this market is up 30% from the lows hit at the end of march, so you have seen a fair amount of

interest in the market saying valuations have gotten overdone. right now, we have about 33% have the gdp opening up, so this will be a very important indicator in terms of how we are handling opening up in the face of continuous cases of coronavirus. >> sandra: absolutely, very interesting. and here you have markets opening kicking off a brand-new week and amid those calls were 20 or 25% or predictions i should say unemployment in this country, we are seeing markets drop this morning. elon musk now has morning that he is going to move his plans elsewhere because of the shutdown policies in california. he tweeted this, "frankly, this is the final straw. tesla will move its future programs to texas and nevada immediately. we even maintain fremont manufacturing activity at all, it will be depended on how tesla is treated in the future. tesla is the last carmaker left

in california." is this giving us a glimpse on how some companies might respond to some of these more restrictive orders in some states? >> tesla is a bit of an outlier because elon musk is sort of in your face with the tweets and the way he might react to things so i don't think that that's necessarily the standard. having said that, there are a number of companies that want to get back to work and want to open their doors and they have been hit blessed with the health situation as they have with the economic situation. you look at certain states that are very dependent on tourism, agriculture, oil, all of those things like a state in north dakota or wyoming, et cetera. they have seen the impact really severe as it relates to the closing of the economy, not necessarily coronavirus, so i understand where they're coming from. california is a different situation. we continue to see the number of cases rising in california and

the spike has been worse than other states. so it's going to be hard to convince the governor to make a change even though he wants to get back in business. i can understand tesla's side as well because this is tesla's only factory in the united states. they want to get back in business. >> sandra: meanwhile, the president's closest advisors continued to be pressed on economic responsibility and accountability when it comes to what china knew and when they knew it over the origins of this virus. peter navarro was asked about that this morning on "fox & friends" talking about china and what our relationship will be with them going forward. >> with this crisis has done which was caused by china is heighten the need to bring our supply chains at our manufacturing home. china has inflicted trillions of dollars of damages on us emma and i think there should be some form of compensatory damages and i think there's a lot of discussion on capitol hill about that.

>> sandra: so you wonder about the economic consequences for china as we move forward as a country and climb out of this. >> that's right, and that is why the markets are trading down, because markets and investors have figured out that now the issue around trade, the partnership with china is at risk given the fact that their behavior has endangered the entire world. we broke the news a couple of weeks ago on sunday morning futures and as we speak, they are engineers and students from china that have come into america and are stealing our medical data. not only are they trying to get a vaccine for covid-19 before america because they feel that if you have the vaccine for the coronavirus, that will indicate economic superiority. they are also trying to do with cancer as well. told me a few months ago that at the cancer institute you've got these people who are working for

the communist party and they are stealing trade secrets. what are they doing after that? once they steal our information, they are turning around and applying for patents, chinese patents about medical situations like cancer, covid-19, others as well even though it's all based on american research. that is why senator cotton said we should start considering limiting the number of users were students who want to study advanced science. he said study shakespeare, study the culture and history of america but studying quantum computing my studying ai on the research that we need in terms of getting a cure for cancer, we need to protect that. he got slammed for that on social media but it's very difficult to differentiate who is here actually honestly wanting to just get the education of american schools and who is here working for the communist party? very hard to distinguish. >> sandra: there was a fascinating interview on sunday

morning futures yesterday, great to have you here this morning. see you again soon. >> ed: here in new york, dozens now diagnosed with a new coronavirus link to syndrome causing inflammation in the heart and blood vessels of young patients. three kids have now died and dozens more are sick with symptoms that are similar to those in a rare disease. they believe miller is live in new york with details. good morning, david lee. >> good morning, ed parroted progress against the virus here in new york state is being made, but nevertheless, there was growing concern about this mystery illness that is linked to the virus and is responsible for the deaths of several children. as many as 85 kids across the state are thought to have been affected by some inflammatory syndrome similar to toxic shock. for kawasaki disease. two of those who died were elementary school age and another described as an

adolescent. most of those affected had the virus or recovered from it. health administrators say it is not a respiratory illness and says children are suffering heart problems because of it. governor cuomo who has been criticized for not doing more to prevent a high rate of virus death in nursing homes has now put in place new measures, hospitals can now not admit patients that has positive to a nursing home. nursing home staff must be tested twice a week and have a home cannot provide an appropriate level of care, the resident must be transferred out. violators can lose their license. the state meanwhile reports hospitalizations, intubation, and new cases are all down. then latest daily death toll is about the same rate two months ago when the crisis first began and by week's end, regions of new york state could begin to partially reopen. the governor sites the ability to cope with new cases.

>> do they have enough hospital beds open in case that infection rate goes up? do they have the testing tracing isolation we've all been talking about for weeks and weeks and weeks? statement perhaps you've seen videos of violent confrontations are ramping while the nypd tries to enforce rules on social distancing, the city is trying a different approach number 2300 so-called social distancing ambassadors are going to hit the streets to educate and remind people how to stay safe. the mayor points out that enforcement is a last resort and says on average, only about ten summons a day are issued. a back to you. >> ed: david lee miller, thank you. >> sandra: new york governor andrew cuomo meanwhile saying hard-hit states need more federal aid to avoid laying off essential workers because lawmakers consider the next round of stimulus. plus, republican crying foul

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>> ed: a special election race heating up in california, kristi smith and republican mike garcia running to replace katie hill. she resigned last year after an ethics scandal but republicans are now accusing democrats of trying to steal this election after adding a last-minute polling place in a heavily left-leaning area. let's bring in karl rove. talk about the significance of

this, you have a republican, hispanic republican who was a military veteran who could flip a seat that has has been a democratic hands going back to the days of bill clinton. >> full disclosure, i've done resume fund-raising events for mike garcia come and gone to know him personally and contributed to his campaign. is a very terrific person, son of an immigrant, candidate for nomination to the u.s. naval academy, graduated near the top of his class, 30 combat missions in iraq flying a super hornet. then after his military service, went to work in the aerospace industry which is very important, a lot of aerospace companies. a first-rate individual and a wonderful human being, and this is going to be an important race. at the last time the republicans took a democratic congressional held see in california was in

1998 and mike garcia right now into the last couple of days looked like he was building up a pretty good lead in california, everybody received a ballot in the mail, returned it by mail. you don't return it by mail, you can still show up by election day and vote at a small number of locations in this congressional district, barely double digits number of voting locations. some of the democrats did here was they opened up an additional voting location in lancaster which is heavily hispanic and african-american and largely democrat even though it has republican mayor which they've been quick to point out is largely democrat town and they did so here right at the end. no one was saying this weeks ago, it was done right here at the end and it stinks. you don't do things like this at the end of the contest. looks like you are trying to do me the rules and give one side

or the other an advantage. >> ed: might be one reason why the president weeded out this could be rigged, also been upset about mail-in voting, talked about the ballot by mail. do you share the president's concern? >> i do think we have to be careful about mail-in ballots. we have seen in texas, we have had the harvesting of ballots. he may allow ballots and those who are not government officials can stop by and collect them. we've made it illegal in texas after a series of scandals involving people primarily in democratic primaries who came by and took the ballots of people who were nearly comatose, not capable of making rational decisions and voting their ballots for their preferred candidate in the primaries, and california allows this to be done legally. email everybody a ballot and someone can knock on your door in and say i'm from one party or the other, let me help you fill out your ballot and i'll take care of sending it in for you. so there are some with mail-in

ballots particularly when everyone receives one. not everybody necessarily today in the environment we find ourselves in gets their ballot in time, some people get them who no longer live at that particular address. it's very complicated and very problematic. >> ed: i just want to get to one last thing which is one broader question about whether nancy pelosi will stay on as speaker come next year. yesterday, andrew cuomo the democratic governor had this big press conference and was attacking all the previous stimulus bills and now there's a new one working on a price tag range and bottom line is he was saying none of the previous stimulus bills have helped workers. they've been bailing out corporate america. give a democratic governor saying that about stimulus bills cowritten by nancy pelosi. >> in the past with nearly every democrat in every republican voting form, the only democrat to vote against the last one was

aoc. so i thought it was a little odd particular lease since the small business loan program is proving to be very popular and is keeping a lot of people employed and getting a paycheck while businesses are shut down so i thought it was a little odd, but we've seen also vice president joe biden say we've had insufficient help and it's all been aimed at the big corporations. i'm not certain that's necessarily a great selling point when your own party has helped craft those bills and elements of them are particularly popular with the small business community. >> ed: thank you. >> sandra: and infectious disease expert opening a new practice to help businesses reopen safely. in the head of the covid consultants will join us live next hour but up next, why comedian bill maher says democrats should ignore

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if you were sexually abused by a priest, scout leader, coach or teacher contact us confidentially today. it's time. >> we are letting this person change the subject from donald trump lethal incompetence to joe biden? she literally wrote a love letter to the murderer trying to keep biden from the white house. yet "the new york times" is calling for the dnc to establish a truth panel on this. >> sandra: that was comedian bill maher saying democrats should not allow tara reade sexual assault allegation to influence his campaign in november. good morning. so bill maher says he is not interested in hearing from tarver read it neither should

democrats. >> bill maher is consistent in which he is not afraid to say the quiet part out loud and saying what many democratic lawmakers and previous m me too supporters are too afraid or politically can't say and it's that beating president trump in november is more important and then then this allegation of sexual assault. he also makes the point that democrats backed themselves into the corner with the believe all women mantra, usually you do when you speak in absolutes. kirsten gillibrand ran for president as a single issue candidate. and her issue was and came out in support of joe biden over tara reid. so this and brett kavanaugh's politics plain and simple. at least bill maher is being honest in saying whether or not joe biden did this, him in the white house is the most important thing.

>> sandra: asking why she is chosen to come forward at this moment, here is bill maher for the more in words. >> line now? i'm not saying why not 27 years ago, i understand it can take the victim to come forward. i'm saying why not before super tuesday? why not last fall when we still had a dozen other candidates to choose from? why wait until biden is our only hope against trump and then taken down? >> sandra: has really gone after him saying he should be ashamed. >> so bill maher is wondering if this is politically motivated and tara reid has had to answer those questions. she's a democrat, but did vote for president obama which means you voted for vice president joe biden, and she told megyn kelly at the time she was very excited about president obama, casting her vote more for him then joe biden and wasn't ready to tell her story at the time.

there were also a lot of details that have come out that support her allegation. so this is complicated and confusing and not clean cut as many sexual assault allegations are not especially ones that are 26 years old. >> sandra: all right, carley shimkus on that story for us, we will continue to follow all of that. good to see you this morning, thank you so much. >> ed: fox news alert now, a federal judge could approve dropping the charges against general michael flynn today as his attorney claims former president barack obama was in on a scheme to frame the former national security advisor, more brand-new hour coming up. >> they were setting it up from the very beginning. they knew from the very beginning and get go, there was no collusion with the trump campaign and with the russians. the newday va streamline refi is the reason why.

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they're all possible with a cfp® professional. find yours at letsmakeaplan.org. that family doesn't have to take out of their house. it relieves stress off of me to let me know i'm doing something good for the community, not just papa john's. >> ed: this is a fox news alert, explosive new accusations targeting president obama as the justice department moves to drop the case against general michael flynn and the judge could sign off on dropping this case any moment now today. welcome to a brand-new hour of "america's newsroom." a wonderful mother's day, sandra. >> sandra: thank you so much and good morning to you. i'm sandra smith. a growing controversy as new evidence field accusations of a link between president obama and the flynn investigation. president trump calling it obama

gate. this is a leaked phone call reveals former president obama blasting the bid to drop the case against michael flynn saying it puts the rule of law at risk. flynn's attorney firing back claiming a newly released documents link the investigation directly to obama. in declaring the former president was in on a plot to frame flynn. >> the whole thing was orchestrated and set up within the fbi and in the oval office meeting this. >> so you think this goes all the way up the top to president obama? >> absolutely. >> sandra: full fox team coverage for you this morning and a look ahead, jason chaffetz on the political fallout. we begin live at doj headquarters in washington this morning. >> good morning to you. just a few days after the department of justice announced that they wanted to drop the

michael flynn case, mike pence said he would welcome him back into government. >> i believe a decision by the justice department lays bare what was clearly prosecutorial abuse and for my part, i'd be happy to see michael flynn aga again. >> it's important to note general flynn was fired for lying to the vice president in 2017 and at the time and not a welcome character inside the trump inner circle and since then, general flynn pleaded guilty twice to the same crime flying to the fbi about contact with then russian ambassador to the united states sergey kisly sergey kislyak. he withdrew that plea saying he was set up by the fbi but not even two weeks ago, fbi documents released revealed handwritten notes by former top fbi brass that discussed convincing flynn to lie or get him fired to prosecute him. former president barack obama

warned his successor about general flynn in a phone call leaked the yahoo! news, listen to a former president giving his take on doj dropping the case. >> you begin to get worried that basic not just institutional norms but our basic understanding of rule of law is at risk. >> attorney general bill barr has the final say on these matters and is defending his decision. house democrats want the inspector general of the justice department to investigate the case as i'd mention just a few minutes ago, still waiting to see what the judge does, doj wants to drop the case but ultimately, not official until the judge agrees but you can't see how the judge wouldn't agree to this where you have the defense and the prosecution both agreeing they want this case to be over with waiting on judge sullivan to sign off and make that final decision.

>> sandra: thank you. ed? >> ed: for more on this, let's go straight to the former house oversight committee chairman jason chaffetz anna fox news contributor, good morning. an op-ed in the hill, used to be a clinton advisor saying these flynn documents about what happened in this case are the smoking gun for jim comey's fbi, do you agree? >> i do think they are the smoking gun. here it is early in 2017, newly elected donald trump, they have not given him a defensive briefing, have not told him personally one on one what they are concerned with but you have barack obama, susan rice, joe biden sitting in on this meeting with director comey and sallsally yates informing them d talking about very specific to general flynn. is hard to believe there is anything other then direct

acknowledgment and direction from the president of the united states to the fbi director who then does things a couple weeks later that are totally unprecedented in storming that white house, putting this ambush together and going after general flynn like we've never seen before. >> ed: first, i want to press you on what the democrats are saying. house judiciary chairman said this about the flynn case. the evidence against general flynn is overwhelming. he pleaded guilty to lying to investigators and now a politicized and thoroughly corrupt department of justice is going to let the president's crony simply walk away. the question is when you hear that from the democrats if this was a frame, if everything you just said is true and they were trying to frame general flynn, couldn't he have blown that frame up away by telling the truth? >> there is some question about that because when an fbi agent comes in and does an interview, there's a document called a 302

that is put together. where is that? there is a real question mark about the authenticity and what that altered in any way, and there are reports that the agents who were actually there didn't really think that general flynn actually misled or lied to them, so i've got to tell you, i think that is a very big cloud, and i would also say to chairman nadler, there are more than 1,000 pages from the inspector general about all the misdeeds from comay, mccabe, page, i can keep going, but they made a criminal referral to the department of justice to prosecute these very people that he says are now telling the truth and they are exactly right and it's a miscarriage of justice. >> ed: i promise to get back to barack obama and joe biden's let's do something. sally yates was in this meeting with jim comey and

president obama earlier in 2017, when we first learned about these conversations with the russian ambassador in 2017, all the reports were about sally yates was upset about this, she went to don mcgann, there was no mention of then president obama from the early 2017 and his you know, the new documents now show sally yates testified that she learned about this from barack obama. he had been briefed about it. what does that tell us about what barack obama knew and why it may be significant? >> when they go into this meeting and they excuse brennan and klapper, they excuse those people and had that conversation. a sally yates is saying she's learning about this for the very first time. it's barack obama that is informing her and talking about this directly with the director of the fbi, so there is no middleman here, there is no -- there isn't the attorney general. is directly barack obama and

joe biden talking to the fbi director who then does things that we have never, ever seen before in the fbi and ambushing this white house, and i've got to tell you what bugs me as much as anything as they did not give the incoming president the courtesy and the respective giving him a defensive briefing one-on-one. they totally bypass that and that is totally wrong and shame on barack obama for doing that. >> ed: what might barack obama be worried about, the fisa warrants going back to the summer of 2016, the beginning of the surveillance of carter page, wall street editorial says donald trump's victory increases chances that this unprecedented spying on a political opponent would be uncovered which would have been politically embarrassing at the very least. this among other things is what john durham is investigating at the request of william barr and that's why mr. obama is so eager to distort the truth of the flynn prosecution. final thought? >> i think that's right.

i think at its core, the thing that scares barack obama and joe biden is the truth, and that's what they are getting to. the more that's revealed, the more nefarious this is an fundamentally wrong it is and if it was the other way on the democrats, they would be screaming but he murder, but they are such hypocrites in the situation. that's what they were afraid of, afraid of the truth. >> ed: jason chaffetz, thanks for coming on. >> sandra: brand-new developments out of venezuela after two former u.s. soldiers were arrested in connection to a botched raid that sought to capture socialist president nicolas maduro. the regime announcing arrests of three more people bringing the number of those taken into custody to now 34. lucas tomlinson is live at the pentagon with the latest details. good morning. >> the mother of one of those former american special forces soldiers captured in the failed raid described her son's motivation.

>> my son luke is a wonderful human being. he and aaron were in the special forces together. they served tours in iraq together. >> today, the interior minister announced the arrest of three more men in a failed raid calling them terrorist mercenaries. all three are former members of the venezuelan military. two american citizens both former u.s. army green berets were captured by the forces last week. they were killed as they reach the beach and 34 others were captured. venezuela's president said the failed plot was organized by authorities in columbia in the united states. president trump denied the accusation. >> this was a rogue group that went in there, a lot of venezuelans and i think people from other countries also as a group of people that when in, i saw their pictures on a beach, wasn't led by general george washington, obviously.

>> defends secretary esper also denies any involvement. >> the united states government had nothing to do with what is happening in venezuela. our view remains that he is a brutal corrupt leader. they deserve better and we will continue to make the case that he should step aside. >> secretary pompeo says we are going to do all they can to bring those to captured americans home. sandra? >> sandra: thank you. >> ed: a daring rescue in california, the hiker gets trapped in a whirlpool. how an off-duty police officer made the save. plus, alexandria because the court as speaking out on the sexual assault allegations against joe biden. how do her words differ from her reaction to justice kavanaugh's allegations? that is next. >> is very difficult because this is in a hyper politicized zone. instead of focusing on her account, instead of focusing on

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>> ed: now tying the strap from his backpack around a branch to give the man something to grab on to you him to safety, simply awesome. >> sandra: now to the latest in the 2020 race race, new documents showing joe biden sexual assault accuser tara reade was charged with check fraud when leaving the then senator's office in 1993. meanwhile alexandria ocasio-cortez saying the accusations are not clear-cut. >> she has never explicitly said don't support joe biden. she hasn't explicitly said anything in terms of a political remedy that she wants. >> let's bring in john sununu who joins us now, also the former white house chief of staff, could morning to you and thank you for being here.

and so she does acknowledge that something has happened, she said. she described it as a messy moment and said i think we need to have the knowledge, but the allegations she says are not clear-cut. your response? >> it is clear the democrats are beginning to understand that this is not just the joe biden problem. it's a democratic party problem. and you are going to see others besides aoc coming out trying to craft a tail to deal with it. every democratic candidate for senate or house is going to have to figure out how to handle th this. and frankly, in just saying something clearly happened, cortez is clearly undermining biden who claims nothing happened. so there's going to be a drifting of difference between biden on the rest of the democratic party on this. >> sandra: what's also happening as we are doing a whole lot of looking back to the

kavanaugh allegations and how some of these democrats handled that moment. here is alexandria ocasio-cortez at the cnn state of the union dated september 16th, 2018 just two years ago. she said this, "yet again, i think that really, when we talk about process and due process and justice, it must center on the victim, but what is going on right now that there is not due process and we are looking at rushing an extremely concerning incident under the rug which should not be occurring especially when it comes to a supreme court nomination." so many are asking in this moment if we are seeing a double standard when it comes to the allegations against joe biden. >> everybody knows there's a double standard, that's why you see her having to comment. and the democrats are going to

carry this issue as a burden, and republicans will remind them that the democrats are the party of assaulting women from the clinton issue to embracing harvey weinstein to embracing jeffrey epstein to alan franken and now joe biden. they are not going to find it as easy as it has been in the past to get full support from the liberals. there are even beginning to see some of the elites, and i use that very sarcastically in hollywood beginning to question joe biden on this issue. this is a big problem for the party, and it's going to get even bigger. between this and the problem that obama created for them over the weekend, they are going to be on very thin ice. >> sandra: of course, referencing back to the michael flynn story this morning. a governor, i want to also put this up on the screen because

this is aoc on the sexual assault allegations, this is october 2018. and she said sexual assault is not a crime about passion, it is about the abuse of power and why it is one of the most serious allegations anyone who cares to be a public servant can be accused of. so i say that ringing up now to today we are in that brand-new interview, she said that she feels in this messy moment as she describes it, there is not enough focus on her account, on her being a survivor. fast-forwarded to the political implications of it all. i should note that she said she still plans to vote for joe biden but stopped short of endorsing him in that new interview. >> stopping short of endorsing him means that even she and her followers are going to use this sexual assault incident as leverage to try to push him even

further left. she talks about coming to a common vision. what she's really trying to say is she's not going to endorse joe biden until he moves the party left in the platform, and she's willing to use this harassment situation as leverage to get him to go there. >> sandra: i will finish off with her own words, talked about how she was looking for that vision. i think it endorsement means we have to come to a place where we develop a vision together, not for winning november but getting our country to a better place. always good to see you, thank you so much. >> ed: look at this, pitcher trevor bauer having fun with fans. his cell phone number was accidentally leaked by espn during a broadcast. the cincinnati reds picture was then bombarded with calls and voice mails and decided to roll with it. he took questions with fans and set up a giveaway with

instructions, he posted the details on twitter after his voice mail filled up. so i guess they basically had him on espn face timing and if you look at the top of the screen, the phone number for his iphone was on there and a lot of fans decided to call him and facetime him. >> sandra: can you imagine all the millions of people who saw that and just started dialing? at least turning it into some good. meanwhile, new questions swirling around former attorney loretta lynch and her role in the russian investigation after a new transcript comes to light. we will have that for you next. >> that they hear anything? do they know anything or have any lead for us whatsoever? the answer was always the same, nothing. here's huge news for veterans with va loans.

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>> we had a strategy here that we wanted to get every single person that we interviewed whether or not they knew of any evidence of collusion,

coordination, or conspiracy between the trump campaign and the russians. did they hear anything, do they have any lead for us whatsoever? and the answer was always the same, nothing. >> ed: newly declassified transcripts revealing officials in the obama administration had no concrete evidence of the trump campaign colluding with russia. president obama's attorney general claimed she was never informed about the fbi targeting the trump campaign. joining us now, tom depree. good morning. we are going to get to loretta lynch in a moment, but let's start with what devin nunes was talking about, something that we have to pause and take a close look at. all this paper comes out, all these transcripts with the house intelligence committee was doing for so long in the russian investigation and it can just breezed by without actually stopping and listening to the idea that one obama official after another went on tv and said there was collusion between the trump campaign and russia. then they went off tv and under

oath and the house intelligence committee said something different. what's going on here? >> there is a discrepancy to be sure and these new documents are going to be absolutely critical for establishing the historical record, more than 6,000 pages covering 57 separate people who were interviewed by the house committee, and what is remarkable is that for pretty much every single witness, they were asked you have any direct evidence of collusion between the russians and the trump campaign and in each instance, the answer was no. there's a lot of talk about indirect evidence, a lot of suspicion, but no one identified the smoking gun, and that's pretty remarkable. >> ed: you mentioned it's important, and your right to mention the historical record is clear that they had no direct evidence of collusion but on the other hand, folks were watching this wondering the historical record will be written five years or ten years from now, what about right now and accountability? >> i think we may see some form

of accountability in the nature of the investigation that's going on. the justice department is looking into this and really trying to figure out how did we get to this place? what but this entire investigation into motion?

>> it is completely perplexing to me. he would think in any administration that before authorizing investigations, warrants into the opposition presidential campaign they would make sure they had sufficient evidence to conduct that investigation and the notion that people wouldn't raise us all the way up to the attorney general is very difficult for me to believe. either simply forgot about it, may be fudging her answer a little bit or if people actually

withheld this, it raises questions about whether they have a political agenda. >> ed: your last point there that maybe she was telling the truth under oath, the attorney general but it raises questions about why they kept her out of the loop if that's true. what about other officials have the fbi, james comey and andrew mccabe who has a number two, the cia director, mentioned a moment ago the possibility of accountability from john durham, the u.s. attorney who is investigating all of this. all those folks went under oath and basically said they did not have direct evidence in some form or fashion of collusion and yet they were still able to use this information from fusion gps in order to survey all america americans. >> it is puzzling and that it seems what's going on is when these people are put under oath, they set i personally don't have direct evidence of this but it was out there somewhere in the

ether and all the time that this was going on, the dossier making the rounds, people having conversations behind closed doors but the thing we are still lacking to this day is any direct evidence of collusion. we found out they simply didn't have any evidence even after that thorough investigation. >> ed: it became maybe there was coordination. your final thought now that we keep hearing these reports may be might go all the way up to barack obama. he pushed back and said this is about the rule of law. why did he weigh in on this now, do you think? >> we are certainly seeing mr. obama weighing in on a number of issues. i expect he is going to be speaking about it with greater frequency as we reach the election season. these are his political appointees making these decisions, so i think he felt he had reached a point where he needs to say something about it. i think the fact that these transcripts have been publicly revealed, the term investigation

is going to help educate the american people about what actually went on behind the scenes in 2016. >> ed: a lot of people waiting for what actually happened, appreciate you coming on. >> sandra: georges attorney general calling for a federal justice department investigation into the handling of the ahmaud arbery case after lead to cell phone video led to the arrest of an murder charges against his killers. georgia congressman doug collins was on fox news earlier reacti reacting. >> i think is getting more out of them, why did it take so lo long? are attorney general is doing a great job of saying let's look at all angles and make sure we have the georgia angle and let the doj be a part of this because there are certain things we need to make sure there was no appearance of injustice as we go forward here. >> sandra: live in atlanta with more on all of that, good morning.

>> georgia attorney general wants the feds to look at how local prosecutors handled the investigation into the shooting of ahmaud arbery. one of the alleged gunman in this case, 64-year-old gregory mcmichael is a former investigator with the district attorney's office. recused herself from the case and the case was reassigned to george barnhill, the waycross. according, neither revealed to the office of the attorney general that the way across circuit district attorney had already taken a role in the case in reviewing evidence and advising the police department regarding whether to make arrests in the case. mcmichael and his 34-year-old son travis were not arrested until the georgia bureau of investigation got involved after cell phone video apparently capturing arbery's death went viral on the internet last week. the video has prompted protests calling for swift prosecution of arbery's killers. a hook he was the man of making

terroristic threats against future protests. were sean smith created a facebook user i.d. of an unwitting individual to pose a hoax threat. security camera video has surfaced showing a man believed to be arbery briefly enter a construction site near travis mcmichael's home. the property owners say they were unaware of the video until after the shooting. they say his actions at the empty home under construction were in no way a felony under georgia law and they say that this video just adds to the growing evidence that this killing was unjustified. back to you. >> sandra: jonathan serrie reporting from atlanta forest, thank you. >> ed: a rare coronavirus related illness no killing three children in new york. what do you need to know to make sure your family is safe? dr. marc siegel was a closer look on that next. >> this is every parent's nightmare. no one knew about it, nobody was watching for it.

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>> doctors are now calling this pediatric multisystem inflammatory syndrome. and what it does is basically in a child's body triggers intensive the almost overwhelming immune system response, and that actually causes harm to the body. >> sandra: that was new york city mayor bill de blasio with an update on a coronavirus related mystery illness. governor andrew cuomo says has killed three children in his state. let's bring in fox news contributor dr. marc siegel professor of medicine,

good morning and thank you for being here. in three young children have died from this in new york state, new york hospitals have reported 73 cases of children having this so far. what do we need to know about this and what do we need to look for? >> i talked to her head of pediatrics at bellevue in new york and we are seeing a lot of this but again, 75 cases, so it is fairly rare and we've seen in illinois and in philadelphia and in california and louisiana and in europe of course they saw it. here's the key. it's not the virus itself, it's the inflammation that the virus causes. that's what we've been dealing with with covid-19 all along. not the virus, but the damage it does from inflammation. in this case, children from five to 15, most of them under ten develop gastrointestinal symptoms, red eyes, a rash, swollen legs. they develop shortness of breath. tragically we are seeing inflammation of the heart muscle, that's the biggest concern here.

the good news is when we treat them with intravenous antibodi antibodies, if we put a lot of antibodies and, we see a rapid response usually. that plus aspirin and sometimes steroids, most of these kids get better and if they are on the ventilator which is rare, they get off fairly rapidly. we have seen some deaths but overall, this response to treatment. >> sandra: so the governor was saying that these children happen to have covid-19 antibodies where they were confirmed positive for the virus itself, but he says those were not the symptoms for they weren't showing the symptoms of covid-19 when they came into the hospital system. wasn't until later that medical professionals were able to determine that's what was happening, so what can we do now? i know the cdc is working on guidelines to look for when a child is sick and showing symptoms and goes into the hospital that this might be

happening. >> that's a really excellent point you just made because the key with kids is when they get covid-19, they are either asymptomatic almost all the time or they get very mild symptoms, so you can't look for the rip-roaring shortness of breath and cough, and this is opposed viral problem, not the virus itself. they may have had it weeks before and then they get this syndrome. you have to look for kids that have an upset stomach, a sudden rash, red eyes, and are having problems with their breathing and swollen legs. those are the characteristic symptoms. beyond the look out for a rash or red eyes or problems with diarrhea or constipation. that is how they start off. that's what we should be looking for. it's rare, they may never show signs of the virus at all. >> sandra: i know that right now, this is mostly seen as you said in toddler's, very young school-age elementary school children.

the new york state health commissioner is addressing this because parents have so many questions and i know a lot of notes have already gone out to the new york public school system. here's the new york state health commissioner on what parents need to know and look for. >> i would tell parents that if your child has any nausea, vomiting, diarrhea, color of the face changing, color of the lips and fingers, if they have any chest pains, they should call their doctor and they need to be evaluated. >> sandra: all of this is happening as we are seeing the drop overall in the state of new york, the epicenter of this virus here in the united states. 226 new yorkers died from the virus that was reported by the governor on friday a slight uptick from the day before but still at the lowest levels since this crisis began here in the u.s. >> i think there are several reasons for that. one is that we've stayed in an enormous response by our health care system, very

integrated studying treatments, everybody coming to bear on the situation, refurbishing different rooms and beds. it's been incredible in new york city in the epicenter. the other issue is of course the social isolation, the lockdown. a lot of things have increased viral spread. we definitely flatten the curve here and we are seeing not only decreasing in hospitalizations and deaths but decreasing an overall cases. but again, we can't let our guard up. is still time to be very careful and this thing with a new problem with children is an example of that. we have to be on the lookout because our most vulnerable and most precious are our children and our elderly. >> sandra: governor cuomo saying we haven't killed the beast but we are ahead of it. some good news. we will get an update from him a short time from now as well. dr. siegel, thank you so much. >> ed: meantime, robert kraft is auctioning off one of his six super bowl rings to help feed front-line workers. the one he is offering up its

from the patriots 2017 comeback victory over the atlanta falcons crafted with ten karat white gold and featuring 283 diamonds. the largest super bowl ring created at the time, starting bid $75,000. it's up to 330,000 as of this morning and he picked up 1 million n95 masts. i never thought i'd say this but he's making it hard to hate the patriots. >> sandra: good for you, ed. offering to fly the winner of the auction on a private plane to his office. it's a whole thing really trying to run up the price they are so they can do a lot of good and help a lot of people. what a story. put in your bid, buddy! >> ed: may be and i should ship in, though probably appreciate it. >> sandra: sounds like a nice thing to do. meanwhile, as staying at home orders are being lifted in some

states, many businesses are trying to find ways to safely reopen. our next guest opened a new medical practice dedicated to just that, helping businesses open safely. >> it's not either/or. i think it is safety and reopening for the economy. those go hand-in-hand. we do have a ratt problem. ♪ round and round! ♪ with love we'll find a way, just give it time. ♪ at least geico makes bundling our home and car insurance easy. it does help us save. ♪ round and round! ♪ with love we'll find a way, just give it time. ♪ ♪ round and round! ♪ what comes around, goes around. ♪ for bundling made easy, go to geico.com

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>> if we do this carefully working with the governors, i don't think there's a considerable risk. i think there's a considerable risk of not reopening. permanent economic damage to the american public. >> ed: steven mnuchin right there on the importance of restarting america's economy.

across the country, businesses beginning to reopening and one practice in colorado is brand-new and advising them on the safest way to reopen. a leading infectious disease specialist at the covid consultants. nice to get the story out to the heartland. good morning, doctor. it's great to have you and before they could to how you want to help businesses reopen safely, thank you for taking care of so many covid-19 patients. can you tell your audience what is the biggest takeaway you've learned from being up close battling this virus? >> the biggest takeaway is that this is a complicated infectious disease that requires multiple different positions and specialists working together and just being on guard for anything that might come our way. >> ed: pardon me, obviously a little bit of a delay, we appreciate you joining us. so then given the complicated nature and how some of the finest doctors in the world like yourself have struggled with

exactly how to deal with it, businesses are now wondering how do we deal with it when our workers start coming in? what are the top line three or four things you will be advising businesses to safely reopen, what do they need to do? >> we like the term responsibly reopen and we recommend that people do his various different things regarding walking into your place of work and from the moment you walk into the door, you start to look around for the touch points that you want to minimize. you don't want to have people pushing on doors. don't want to have people pushing on buttons, opening various different things or sharing utensils, having communal kitchens. there are many ways that you can minimize the risk of covid transmission in the workplace. we really want people to reopen their businesses, but we strongly feel that needs to be done the right way and responsibly. >> ed: i heard about faucets, making sure there are more

automatic faucets and bathrooms instead of the ones you have to turn. what about before you enter the building? we've heard a lot about temperature taking, rapid testing, all of this could be quite expensive for businesses. how do you balance all of that? >> you need to be realistic with your goals and expectations in every industry and workplace is different and i think the population of workers and visitors and the people that are going into these places of work are different. you have some very high risk environments, you have a lower risk environments. so each place is wildly different and needs specific tailored guidelines and recommendations as to how to responsibly reopen. >> ed: i talked to some restaurant owners talking about not just spreading tables out 6 feet apart, getting more tables outside, but also may be rethinking menus for example, having disposable menus instead of menus that multiple people are going to touch.

other things like that that might not be obvious at first blush. >> so we've actually consulted with a restaurant already and we've got into the restaurant and given them very specific guidelines in terms of -- i literally said to them the menus that you have that were shared around previously need to be put up as memorabilia because those kinds of things are really not what we want to see in restaurants for at least the short-term and potentially the long term. and even in terms of printing out paper menus, it's a waste of resources. i feel strongly that you need to grab a whiteboard and put your menus out and use several different whiteboard throughout your restaurant. you really want to minimize all the touch points, ketchup bottles and other condiments. the phones the employees are working on, every single thing, you really want to think about how do i not touch that and how to buy not expose myself to

something? >> ed: you have been at the forefront. let me remind everyone to think you and all the great health care workers. in covid consultants now trying to consult with businesses about it. thank you for coming on. >> thanks for having us. >> sandra: the u.k. prime minister boris johnson is giving an update on their plan to reopen. he says it can be done if it's done a reasonably and carefully. so he is laying out what that plan is. we are going to continue to monitor the situation with boris johnson in london and breaking news from it as we get it. >> ed: in the meantime, president trump going after his predecessor. we will have details about what it all means coming up. is a benefit your spouse earned. it shortens the refi process so veteran families can save money by refinancing. there's no income verification,

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>> ed: brand-new fallout from michael flynn's case as president trump amplifies his attacks on his predecessor saying president obama was linked to the whole investigation. welcome back to "america's newsroom." i met henry. >> sandra: a brand-new week. good morning, and sandra smith. a former president criticizing the justice department's decision to drop the case against michael flynn. >> ed: chris stirewalt joins us. why do you think former president barack obama decided now after largely staying out of politics to get involved?

>> i don't think he meant to get involved. i think he meant to say the kinds of things about the justice department that republicans very often said about the eric holder justice department and i think he thought he was saying it to a small group of loyal former staffers and instead, he was saying it to a group of loyal former staffers and a leaker who decided it would be cool to share those off the record comments, those private comments with yahoo! news. >> ed: although maybe he wanted to get it out there but it might've been or he wanted to get this point out there. here's what he said and i'll give you a chance to react. >> that's the kind of stuff where you begin to get worried that basic not just institutional norms but our basic understanding of rule of law is at risk.

>> ed: he says the rule of law is at risk. you go back to the transition when he met with president-elect donald trump, you've heard the account from now president trump that there were two big top lines from that private meeting they had. barack obama said you've got to be worried about north korea, got to be worried about michael flynn. why? >> first of all, i had forgotten how long it takes barack obama to say things. there's so many... the reality of course is that barack obama and democrats and the people from his administration think flynn did it and that he was a guilty person and shouldn't have been in that position. and were alarmed about it. in this is a great political prism moment. so if you say to a democrat and

you say are you concerned about the justice department, very worried about this case, you say are you concerned about the justice department, yes, i'm very concerned about the justice department and gravely concerned about this case, they are coming at it from two different points of view but they do agree on one thing that they have concerns about the justice department and about the fbi. in >> ed: the question of whether the rule of law is threatened here, trey gowdy had a response on sunday morning futures. watch. >> where is his respect for the rule of law for the crime that michael flynn was the victim of. michael horowitz found fault after fault after fault with the fisa program and jim comey and andrew mccabe. so i am delighted to hear president obama's newfound interests and respect for the rule of law. >> ed: at the justice department who was appointed and nominated by one barack obama and found all these problems at

the justice department and the fbi. >> the real scandal here that touches every american regardless of your political affiliation for the fact that these fisa abuses were retained, that was the norm, and the way that very often, federal police looked for a chance to get you to live. very often, we remember from cases like martha stewart and other famous instances where the goal is to get somebody who may have done something wrong in the meat grinder and get him to lie about something and then you've got what you need to squeeze them and get them to flip on other people. >> ed: the current president tweeted out of course obama gate. that's been trending on social media. he wants to go directly and suggest this whole flynn situation was all the way up to barack obama, almost like a proxy for now between trump and obama and the name we haven't mentioned is joe biden. is this campaign going to be

shadowboxing a bit while biden is down in the basement? >> yes, and obama has to be careful not to let it become that. it's good for biden to carry with him the obama brand which is good these days, but it won't be good for him if it turns back into the bad days trump versus obama and all of that nasty stuff. so biden is a little as he finds aan in this election. >> ed: chris stirewalt, thank you. >> sandra: meanwhile, president trump is pushing for a payroll tax cut for american workers. the to spark spending in the u.s. economy. but critics are arguing the proposal will not do anything for more than 30 million

americans who were currently unemployed. chief white house correspondent john roberts is live with the details this morning. >> good morning to you, democrats certainly don't agree with this and as soon as this week they are going to come up with their own $1.2 trillion plan for what they call a phase four stimulus package which may include somewhere around a trillion dollars at the state and local governments. money for hospitals and covid testing. and then the money for second round of payments to taxpayers and the house speaker nancy pelosi writing "we all agree that we must put more money in the pockets of the american people. not only necessary for their survival but also stimulus to the economy. unemployment insurance, rental and student loan assistance. the white house for the moment has hit the pause button on a phase four stimulus arguing that it is not needed right now. the white house certainly

opposes blanket statements that it could be used for things other than coronavirus response. the president insisting as well has he mentioned that a phase four stimulus package includes a payroll tax cut. he was a secretary of the treasury steven mnuchin on that yesterday. >> we are pushing for the payroll tax cut. it's an incentive to get people back to work, it's delivering money to the american public and to business and a very effective way. that will be one of the components, you've heard mitch mcconnell talk about liability and we agree. >> it would give workers a holiday from the 6.2% deduction that comes off every week. would not apply to the 1.4% medicare tax. is an idea the president believes could put more money and workers hands just as america begins to process the reopen. here's what he said on friday. >> the payroll tax cut is something that some people who are very smart but i'm one of those people that like it

because i think it's really sustainable. and i think it will sustain, but that's one thing that a lot of people would like to see. >> not even in the democrats wheelhouse and when you look at the disparity between what the white house wants and what democrats are looking for, it would appear to be something that is not in the foreseeable future. but things can change. >> sandra: things can always change. john roberts at the white house, thank you. >> ed: fox news alert on a deadly new syndrome linked to covid-19 and this one affects young children in. new york now plans to ramp up antibody testing on kids after dozens of children developed a rare life-threatening disease. several have died, most who contracted this mysterious illness also tested positive for covid-19 or its antibodies but governor cuomo says they did not exhibit the usual symptoms. >> yo new york state is

investigating a related illness in children. this does not prevent as a normal covid case, they tend to be respiratory. this presents as an inflammation of the blood vessels, sometimes inflammation of the heart. is possible that these cases were coming in and were not diagnosed. >> ed: david lee miller is live in new york city. good morning. >> good morning, ada. especially noteworthy here that for weeks now, parents have been told repeatedly that for the most part, they would be spared the worst of this virus and now it appears it is in fact linked to a deadly disease that is targeting children. i'm now in addition to the three children who died in new york state including a 5-year-old, two other cases are also under investigation. a state wide, it is believed at

least 85 kids have been affected by this mystery illness. the common denominator here, most had the virus or recovered from it. in the disease is similar to toxic shock or kawasaki disease. 38 kids in new york city alone have been diagnosed in the health commissioner speaking just moments ago here said it has been given the descriptive name pediatric multisystem men inflammatory syndrome and provided the following symptoms. in >> those tend to be a presentation that includes high fever or as long as a rash and very red infected eyes along with red swollen lips and characteristically seen as a strawberry tongue. >> the best way she says to prevent it is it make sure all kids over to her wearing a face covering and remaining indoors

as much as possible. she also cautioned that pediatricians treating a child with the symptoms to test for both the virus and whether the child has antibodies. she said early diagnosis is crucial and that this disease is treatable with intravenous medication. the emergence of the illness both she and the mayor said could impact the reopening of schools, still much too early to see where that is going. also noteworthy here, this disease or similar disease has already been seen in europe as well as in a number of states here and just a few moments ago, a report published that said a 6-month-old child had both covid-19 and the symptoms of this mysterious illness linked to the virus. so it appears to be a growing problem. >> ed: something to keep a close eye on. david lee miller, thank you. >> sandra: meanwhile, a deadly training exercise with the iranian military is now saying a

missile strike killed 19 of its sailors. general jack keane will be here to react to that. plus, a california beach close to visitors but open to surfers becomes the scene of a bloodied shark attack. >> what got my attention was there was a very, very large dark thin and it came out of the water and there was a feeding frenzy, and all this activity and then as soon as it started, it disappeared. can my side be firm?

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>> ed: a cluster of covid-19 cases traced to a birthday party. they say the first patient was not wearing a mask and may have infected at least five guests. they say many more individuals are now sick. was intended by a large number of friends and family who are not observing social distancing protocol. >> sandra: fox news alert as a routine naval exercise turns deadly. reporting a missile fire doing training struck a support ship killing 19 sailors and injuring 15 others. happened yesterday and has been ruled a case of friendly fire.

general jack keane is a retired four-star general now and chairman at the institute for the study of war and a fox news senior strategic analyst. always good to see you. i wanted to get your thoughts this morning, obviously the timing of this happening saying that this has been ruled an accident but with the rising tensions between the u.s. and tehran, what do you make all of it? >> the united states navy has been conducting drills also in the persian gulf a little further north and so have the iranians, some of this is routine but there has been an increase in activity ever since iran's military escalations started over a year ago, certainly. this is likely an accidental shooting as they described in they normally don't report on these things but given the fact there were 34 casualties and 19 are so who were killed, they didn't have much choice to give some kind of report on it and it

looks like they were doing practicing shooting the targets that look sort of like ships, stimulated as such in the ship that was hit was the one that replaces the targets and it likely was too close to it, so either we had a mistake made by the people who were shooting the missile, and other words targeted the wrong target, or they had another missile and we don't know either. won't mean anything in terms of tensions in the region, they were already there, but i ran overall i will say since covid-19 has pulled back somewhat on their military escalation. they've actually pulled back on some other operations in syria where they have tens of thousands of proxies as well and they also have pulled back on their missile attacks in iraq. and it has taken a toll in iran that they are not willing to admit to you and many of the

people who had already lost faith in this regime have fundamentally now grieved what is happening to the population. in >> sandra: now considering that i ran media is reporting it's ready for an unconditional prisoner swap with the u.s. amid coronavirus fears, they are concerned about their prisoners in the united states contracting the virus, what do you happening there? >> this is kind of curious, this was released by a spokesperson for the cabinet in their media, and the state department doesn't have any knowledge of it. in other words, we work through the swiss embassy, we don't have diplomatic relations in iran and evidently i'm assuming they talk to the swiss embassy and there is no outreach by the iranian government given when a specific prisoner exchange.

it is not unprecedented between an iranian scientist and a princeton college professor who was successful in trying to get michael white out of their who has been there since the summer of 2018 and negotiation has been ongoing but as of right now, the state department has no evidence at least publicly that this is a real overture. >> sandra: i want to get your thoughts on a headline in the morning post today, u.s. china tensions in south china fueled by increase in military operations. mark esper responding to the u.s. looking to increase military investments in the pacific. it's a way by which you maintain strategic predictability to ensure the readiness of your forests but garner a higher degree of operational unpredictability. finally wanted to get your thoughts on that before you go. >> there is no doubt there's

been an uptick in military operations in the south china sea. china has been very aggressive from japan to malaysia ever since the covid-19 crisis came into being. what they're trying to demonstrate to our allies in the region as the united states is no longer a dominant force in the region. this is a struggle that's been ongoing for a number of years and it's going to continue. there's no doubt about it. a fundamental lash of ideology and values in this administration no longer looks at china as a friend or as a competitor and it looks at china as a predator who is trying to take advantage of our allies and not only dominate them but replace the united states as the world's dominant power. so tension is going to continue for the future. i don't believe it means conflict, but confrontation, yes because the united states regards china as a predator and is willing to take them on in a way that previous administrations have not.

>> sandra: great to get your thoughts on all of that this morning, i appreciate your, thank you. am >> a talking to you, have a good week. >> ed: fox news alert, growing demands for answers in the ahmaud arbery murder investigation. why georgia is now calling on the justice department to review the handling of this investigation, plus the doj moving to drop its case against general michael flynn. can the judge say no? are judge andrew napolitano will have his verdict ahead. >> he was my first brigade commander on active duty. i was proud to serve with him then and i'll be proud to serve with him again. this should be dropped is that net carbs or total?...

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>> i would expect it to happen tomorrow or sometime early this week, it's a matter of the prosecutor's actual discretion. i'm sure he will follow the law there and sign off on it.

>> ed: after the justice department filed a motion to drop the criminal case against president trump's former national security advisor and now it is up to emmet sullivan who could dismiss the case or keep it alive. his decision could impact. bringing in judge andrew napolitano, fox news senior judicial analyst. are you as sure as general flynn's attorney that the judge is essentially going to overwrite this? >> it is hard to say given judge sullivan who was a personality and a courtroom demeanor has been described by others as titanic, and this is the same judge who once accused general flynn of committing treason during what the general thought was going to be his sentencing hearing almost a year ago. it's hard to say. he has three options before him. one is to grant the government's motion to dismiss the indictment

with prejudice, that would end everything once and for all. her as to why this happened and what happened. the other is to say you pleaded guilty before me twice and you were here for your sentencing and i'm going to sentence you. the third and this would be very troublesome for the doj is for him to hold a public hearing as to what happened and when the doj knew that there was no good faith basis for this and why it took them two years to recognize that. the absence of the good faith basis for prosecution is very, very troublesome for the doj. because when the government decides to prosecute, all the people involved in the prosecution enjoy immunity if the prosecution is in good faith. the prosecution is in bad faith as this was in the doj admitted it was last thursday, then there is no immunity which means the general could sue the government for his $6 million legal fee.

he could also have the same prosecute the people who crushed his civil liberties in bad faith. in one back on the question you just raised about why it took the justice department a couple of years to come up with this, couldn't general flynn's defense attorney as you just suggested say i just got these notes from peter strzok and other fbi agents more recently. we didn't know this two years ago and this new information shows that it wasn't a fair de deal. >> correct. the judge may very well say well, why did you sit on this for two years? you have an obligation under the brady rule to provide this material to the defendant at the time the defendant is going to trial and instead waited two years. who made the decision to wait two years? the doj probably does not want this kind of a hearing, this is the type of judge who would

order one, recall that this is the judge who tried senator ted stevens and then discovered after stevens conviction and regrettably had been killed in a automobile accident that the prosecutors held back all kinds of papers of exonerating exculpatory materials. >> ed: quickly on another case in georgia, the georgia attorney general, state attorney general now asking the federal justice department to get involved. we are committed to a complete and transparent review of how the case was handled from the outset. the community in the state of georgia deserve answers. this is a georgia attorney general, does it make sense getting some heat off them, some independence, a fresh look for attorney general william barr did now say the justice department is going to look on how this whole thing was handled. >> i think you put your finger on it when you said to get some heat off of them.

the attorney general in georgia is popularly elected, not appointed the way the u.s. attorney general is. he probably knows if he investigates this, he's the one that should be doing the investigation and has all the legal tools available. he will ruffle some feathers that people in his own political camp would just assume he be put on the doj. there are two sides to this coin, one is there going to take the heat. the other is the doj whom i find more there than meets the eye if they find some serious decisions based on the law enforcement apparatus in georgia, which should be uncovered in georgia. >> ed: that leads as to whether or not they will federally seek hate crimes that involve tearing bringing federal charges on top of what's going on in the state, judge andrew napolitano, we appreciate your time today, thank you.

>> sandra: los angeles making face masks mandatory, los angeles international airport starting today, the same goes for travelers on the city's public transit system. william la jeunesse is live at lax for us this morning. >> indeed, the airlines and now many major airports are requiring that you wear a face mask when you enter the terminal. this started when flight attendants which push the airports to adopt the policy because they didn't want to become the face mask police at the ticket counter or the jet wave. however, the question is all face masks are created equal? the answer is no. you don't see surgeons wearing bandannas, t-shirts, or scarves in the operating room yet all are acceptable under the rules meaning that's not the spirit of the law. so masks are more effective at stopping in an infected person from giving the virus to others than protecting you from getting

it. so watch the spring of droplets from a sneeze without a mask in the second frame shows when you blend for the sneeze with your arm, now the third shows how that cloud is contained in a surgical mask. that is not going to happen with a cotton bandanna. >> it's just for safety. we don't know who's got the virus or who doesn't. so just for safety sake, everybody is taking all the precautions necessary. >> so any mask is considered better than none. for instance, they can stay suspended in the air and of those can get through a thin scarf like this for an ill fitting mask. secondly, you've got a false sense of security. thirdly the month is the mask stop you from touching your face or cause you to do it? you imagine touching the front of the mask adjusting his head

that something you don't want to do and then finally, you are supposed to decontaminate or watch a surgical mask at the end of the day because it's got the stuff on the front but when you are traveling, that's going to be hard. the bottom line is the better the mask, the more the protection. sandra? >> sandra: everybody is trying to figure out what works for them, right? william la jeunesse at lax, thank you. >> ed: fox news alert, growing concerns for the family of an american believed kidnapped by the taliban. the latest in the effort to bring him home safely. plus kamala harris high on the list of joe biden's potential running mates despite that tense exchange at the very first debate in miami. can she help him win the white house in november? >> do you agree today that you were wrong to oppose busing in america, do you agree? >> i did not oppose busing in

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>> ed: mounting pressure on the white house to bring believed to be end up abducted by the taliban in january weeks before the broker that peace deal with the group. no further negotiations have stalled, his family fears he'll be left behind. lawmakers on both sides now pushing the white house to ensure his release in a recent report, the taliban spokesman claims a group does not have the missing contractor. >> sandra: meanwhile, joe biden may be getting closer to choosing his running mate, senator kamala harris emerging as a favorite among biden aides and donors. even after clashing with him at the democratic debate last june. let's bring in guy benson, fox news contributor and host of the guide benson show.

good morning to you. let's just start there and go back to that moment where kamala harris suggested that joe biden was racially insensitive. let's watch together. >> i do not believe you are a racist. is hurtful to hear you talk about the reputation of two united states senator who built a reputation and career on segregation of race in this country. there was a little girl in california who was part of the second class to integrate her public school, and she was bused to school every day. and that little girl was me. >> sandra: so what do you think of him possibly considering adding her to his ticket, what would it do for his campaign? >> when you go to that flashback clip, i'm reminded that politicians can kiss and make up quickly when they need to. and that was a choreographed

assault by kamala harris, it was planned, and she executed it and got a big media splash out of it but it turned out that black voters didn't hold it against joe biden and i didn't have a different policy on busing terrorists, some kind of of blew over relatively quickly and my suspicion is that overall, the vice presidential pick for joe biden of course is going to matter. you look at being one heartbeat away from the presidency and they're both in their 70s, but i think overall, it's not going to be a determinant factor in this election, it is going to be does president trump deserve four more years in office, those are the threshold questions. i think the vice presidential step is interesting, but not necessarily the main course by any stretch. >> sandra: so we will see where that goes and if the decision ultimately is made, will be looking for that. meanwhile to president trump in his campaign and how they plan

to run against what is now a full-blown crisis when it comes to the virus in this country and obviously this devastating economic downturn we are in, here's a political magazine headline. donald trump lifelong obsession with comebacks, other people call it losing. for trump, it's a transitional state between wins. can he and his campaign make the case that we will come back from this so strongly to have to vote for donald trump to do it. >> here's the good luck on the good news for donald trump. he is not the only one who likes a good comeback story. the american people like a good comeback story. so i think that it makes sense, it's their only player in the middle of this horrible global health crisis, we have tens of thousands of americans who have died from this pandemic. we have unemployment that has shot way up in tens of millions of people out of work, these are disastrous circumstances under any politician to be trying to run for reelection while they're running country, but what the

snapshot looks like today i don't think is going to decide who wins the election. i think how americans feel and how they are looking towards the trajectory of both the public health issue and the economic issue in september or october is going to be what is so key here and if trump can sell a message to the american people and the data is they are and the gut feeling of voters as they are that things are back on the upswing and he's guiding us out of this in a successful way in bringing back some of the prosperity we were enjoying just a few months ago, i think that will be a huge feather in his cap, but i don't think just the slogans about a comeback will work. they're going to have to match reality. >> sandra: and managing expectations will be a big part of that as well, how fast we come back, how much we come back out of this, that is all going to be a message that will have to be controlled. great to see you, thank you so

much. >> in the meantime, paddling to persevere and when the covid-19 pandemic created more of a challenge, double in beauty and disabled vet did not let that stop them from setting off on a canoe trip down the whole length of mississippi river. why are they on this journey? standby.

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>> ed: fox news alert in the ahmaud arbery case, the justice department giving us this brand-new statement saying the civil rights division for the southern district in georgia have been supporting and will continue fully to support and

participate in the state investigation, but they add this news, we are now assessing all of the evidence to determine whether federal hate crime charges are approaching and in addition, considering the request of the attorney general of georgia and asked that he forward any information he has about the handling of the investigation. we will continue to assess all information and take any appropriate action that is warranted, department of justice spokesperson, so the key is the news they are saying they are now investigating to determine whether federal hate crime charges should be added to any state charges and the state attorney general of georgia as we reported earlier has been asking the federal government to get involved to look at how all this was handled. they say they are now looking at that. we will follow this all day. >> sandra: thank you, ed appeared more on that coming up, meanwhile a deadly shark attack in california over the weekend on a beach at the northern end

of monterey bay which was closed to visitors but open to surfers and swimmers. an avid swimmer who customized board for a living was the victim. he was just 26 years old. >> what a phenomenal feat this would be. >> ed: even this pandemic could not stop them, two men with disabilities began paddling the entire length of the mississippi river over the weekend working to raise money and awareness for the group courage incorporated, a nonprofit dedicated to helping military veterans and others with physical disabilities enjoying outdoor excursions and joining us now is cofounder of courage incorporated, also a friend of one of the men who has paddling. good morning, we appreciate your time. >> good morning, i appreciate the opportunity. >> your friend who helped to cofound this organization is a

double leg amputee. tell us briefly his story and why he and his friend wanted to do this. >> so we grew up together, actually born at the hospital at the same time and always just been one of the guys despite his challenges with being a double leg amputee, and we found the courage incorporated organization as a way to help folks with disabilities and veterans with disabilities participate in things that we able bodied folks for granted. so nate has always been a go-getter, always have these really ambitious goals. i know he wanted to canoe the mississippi river for a long time, kind of a bucket list item for him and just so happens that meeting up with one of our adventurers, just everything came together really well for this venture. it's an initiative to help inspire folks not just with disabilities but help inspire anybody who is facing some challenges out there. >> ed: want to canoe all

300 miles, did they do all 2300 and how did it all play out this weekend? >> they are still on the river, in fact only four days end, just a few miles in and keeping in contact with him, said the initial launch has been very challenging with whether, you can imagine are fully disabled combat veterans and a man with no legs out there trying to do their own, they have a lot of challenges ahead of them but they are determined to make it all 2300 miles and bring the american flag right down the mississippi into the gulf of mexico. >> ed: what a wonderful site that will be when they bring the american flag. talk about what message this sends to people all around this country, little stir crazy and want to get out and want to enjoy the outdoors. a scene some people doing that with proper social distancing, what kind of message does it send for these people with their own physical challenges to step forward and basically say they want to be an example. >> the initiative is called

paddling to persevere and perseverance is what it takes. we know perseverance is about, we face challenges every day, and is just about the message that we have is that folks no matter what the challenges you are facing whether it is physical disability, other things going on in your life, you can overcome the challenges that you have and sometimes it's difficult and sometimes you might need to extend a hand for help, and that's okay because we are all here to help each other. the message is we can get through whatever it is that we are facing whether it is paddling the mississippi or something small like taking a first step after an amputation. >> ed: that is a terrific message. we appreciate you bringing us the story today. >> thank you for the opportunity. >> ed: good luck to those gentlemen. >> sandra: nice story, thank you for sharing it. meanwhile chicago seeing another weekend of crowded gatherings, how police are now stepping up enforcement of those stay-at-home guidelines.

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with newday's va streamline refi there's no income verification, no home appraisal, and no out of pocket costs. it's the quickest and easiest refi they've ever offered. call newday now. >> sandra: chicago seeing back-to-back weekends with massive street gatherings and some parties of up to 100 people. matt finn's live in chicago with the details. hey, matt. >> center, chicago's mayor is basically pleading with young people in the city not to attend

these parties of up to 100 people. some of those videos have now gone viral. partiers in their houses into the streets, shoulder to shoulder crowds, dancing, minimal masks. chicago police tell us the last weekend in april and the first weekend in may they issued more than 1100 group dispersal orders on saturday and sunday alone. but this past mother's day weekend there was a sharp decline in gatherings, but it was on and off cold and rainy. the parties are over the city, but the majority are on the south and west side. we've talked to people on chicago's south side. one well-known community activist says even a pandemic is not going to stop people from partying and gun violence. >> it's in everyday struggle in the ghetto. that's what you're seeing. that's not going to change. it is great could hit cottage grove right now, split the street in half. on this side, people will still shoot. on the other side, people will still shoot. >> shootings are on the rise here as well, sandra. >> sandra: wow. matt finn live from chicago

forces morning. thank you. that does it for us on this monday morning. >> ed: all right. >> sandra: absolutely. all right, ed. great to be with you this morning. thanks for joining us, everybody. see you tomorrow us. "outnumbered" right now >> harris: we begin with a fox news alert. president trump stepping up his criticism of former president obama, tying him to the growing controversy over the fbi's handling of the michael flynn investigation. this, after the doj dropped the case against the former national security advisor. the president tweeted this: "the biggest political crime in american history by far!" he also tweeted, "obamagate." all of this after flynn's attorney yesterday said officials worked to hide their investigation and entrapped michael flynn, mentioning a january 27th meeting which included former president obama and former intel officials james clapper and john brennan.