, basically saying these two have lied in the past, particularly andy mccabe, under investigation and now under a grand jury investigation, but now you have james baker, the general counsel of the fbi. this is so important because after andrew mccabe and lisa page left the meeting, they met with james baker, and he believed exactly what they told him, that rod rosenstein was very serious about secretly recording the president and also very serious about invoke the 25th amendment. and did i hear as well that there were two people within the administration, administration officials that he had spoken with, basically about invoking the 25th. this is really significant considering that president trump right now had come out just yesterday and said, well, we have no plans to fire rod rosenstein. will things change after this story? what are they doing and where is the investigation going? we know inspector general michael horowitz is looking into allegations and challenging these, investigating the fbi's handling of the russia probe, and know that john huber, the prosecutor is looking into

rod rosenstein told andy mccabe. that's a double hearsay. we are also relying on and he ay mccabe who is under criminal investigation for lying to the fbi. james baker was one of james comey's top two tenants. you have to question his credibility as well and there is at least one report out there that says that baker was the subject of an active leak investigation. >> harris: how is important is it, whether he were joking or not, we were talking about judgment. that your deputy attorney general even joke about wearing a wire around the president of the united states. i'm thinking national security, the president's own personal security here. >> i don't think it was a joke, as i understand it, andy mccabe was talking about investigating the president and was pushing hard on rosenstein to investigate the president. the way i understand it, was kind of a sarcastic pushback. what do you want me to do, where a wire? not so much a joke but a pushback to say this is a crazy idea. >> harris: the idea that anybody at that lev

andy mccabe. what is andy being investigated for? lying.that you want to hold up as a principle accuser to dislodge or otherwise interfere with the person running the doj. brian: who does baker work for? the fbi. >> correct. a lot of stuff is tangled like this. i think that rosenstein is doing the right thing by taking a step back. even though i agree with the motivation of a lot of the republicans. steve: judge, it sounds like i was willing to come if it was an informal meeting, kind of off the record. not sworn testimony. but when it became clear the republicans wanted him to be under oath, he said, you know what? we're having a schedule problem. >> they don't want to go. they are coequal branches of government. can he resist them. they haven't subpoenaed him. steve: is he worried about a perjury trap? >> i don't know what is he worried about except that he is probably doesn't want the transcripts out there and you know they will get out. steve: because the republicans are still blaming the department of justice for stonewalling and slow

i think he's going to play by andy mccabe. that's what's driving all of this.y mccabe and his supporters at the fbi are leaking against rod rosenstein, the deputy attorney general. >> melissa: that does not incle james baker, the attorney, coming out of single because i didn't think it was a joke." >> ari: i couldn't tell you where he is on this, and i can tell you where i suspect mccabe is on this who has his reporters who see it his way. >> kennedy: i don't think rosenstein is a peach. i think they are so many conflicts of interest here, and he -- we have to apply the spider-man doctrine, here. which is "with great power, comes great responsibility." it was great response billy also comes a need for more accountability. i don't see why he would be withholding any testimony before this to house committees when they backed him repeatedly to go in answers and pretty basic questions. he has, in essence, running the department of justice. every once in a while they just jeff sessions and plop him in front of a microphone when he wants to talk about immigration. ro

the story came out that he and andy mccabe who was parts of the cabal with peter strzok. there is a story rosenstein and mccabe were at odds with each other. but it appears rosenstein's claim about being wired with the president was said? jest. now there is information that maybe it wasn't. is rosenstein in trouble? gregg: he's certainly in trouble. this is his standard excuse, when he's caught in engage in wrongdoing, he says my words were misinterpreted. this is a guy who should have recused himself at the outset. and mccabe demanded at a meeting and mueller is there, that rosenstein recuse himself. in my book i cite the number of law professors who were astonished, that he demanded and rosenstein didn't recuse himself. there is rosenstein. he is the definition of a conflict of interest and he should have recused himself. he has been suppressing documents in an effort to apparently cover up his own wrongdoing. david: he told the president that in fact what he said about carrying a wire was said in jest, was sarcastic, whatever. the president has to deal with a man who m

. >> the head of the fbi andy mccabe and the head of the department of justice with respect to the justicertment rod rosenstein in direct conflict with each other, accusing each other of not telling the truth as to whether someone wanted to record the president of the united states. the justice department cannot be expected to fairly investigate when the heads of those two components at the department of justice are in direct conflict. there should and special counsel so we can get answers to these questions. eric: jim, do you think there will be a special counsel? and do you think rosenstein will appear before congress if he's subpoenaed? >> there is a special counsel look into these questions about obstruction of justice and russian interest force. there was a call for a second special counsel on hillary clinton and that hasn't been taken up. now there is a third call for a special counsel. but it might be useful. eric: why has there not be a special counsel on hillary clinton. >> that's a good question. there has been a lot of calls for it. the administration has the authority today fou

today marks the deadline for the justice department to turn over former fbi director andy mccabe's memosd rosenstein discussed secretly recording the president. rosenstein is due on the hill next week. lou: thank you very much. as you said, explosive. joining us tonight, victoria toensing, great to see you. open former federal prosecutor, joe digenova, the founding partners of digenova and toensing launch. your reaction to herridge's report that the fbi was at the nexus of what was going on. now we're starting to see some color shape around this thing, this looks frankly worse than i thought and very peculiar in the way in which a lawyer with connection to the democratic party, the dnc, the clinton campaign is suddenly a conduit for what turned out to be sheer trash and fraud, being called a dossier. your thoughts, victoria. >> this is no surprise at all. we've been saying for seven or eight months now that there was a brazen plot to clear hillary clinton of any criminal wrongdoing and to frame donald trump. and wee know we've known for a e they were involved in it. surprise, a top perso

and this went up to andy mccabe, and jim comey. they knew this whole thing was a farce.ut they launched it as a quote understand policy and there has still been no criminal referral for any of the people involved. there should be an investigation. trish: corey lewandowski, it's good to see you, thank you. president trump telling me women voters are one of the reasons he won the 2016 election. how is he faring now, and can you believe everything you hear? if you believe some of the polls you see out there, women don't like him. hear what he has to say about that next. hi, kids! i'm carl and i'm a broker. do you offer $4.95 online equity trades? great question. see, for a full service brokerage like ours, that's tough to do. schwab does it. next question. do you offer a satisfaction guarantee? a what now? a satisfaction guarantee. like schwab does. man: (scoffing) what are you teaching these kids? ask your broker if they offer award-winning full service and low costs, backed by a satisfaction guarantee. if you don't like their answer, ask again at schwab. if you don't like

brian: i hear you're bonded by one thing, distrust of andy mccabe, is that true. >> and mccabe is a bad buy. comey is a very bad guy. this country got lucky when i voted for him. rod wrote a memo, you read that memo how horrible comey is. he is horrible guy and he lied and he leaked. he lied before congress. he was leaking all over the place, not only through his professor, his professor friend, took his stuff and leaked whatever he wanted to do. comey is a bad guy, mccabe, very bad but he worked for comey. remember one thing about mccabe, his wife was running for office and he got $750,000 from hillary clinton's essentially pac. it was run by terry mcauliffe who is absolutely hillary clinton's, absolutely hillary clinton's best friend and bill clinton. they gave him $750,000 for his wife. nobody even knows if she spent the money. she might not have spent the money. this was at the time she was being investigated by mccabe. so mccabe is investigating hillary clinton and her pac, essentially run by her best friend is paying mccabe $750,000. to me that's a big deal. nobody ever mentions i

documents and the reasons out standing, but most importantly about the understanding that he had with andy mccabeabout recording the president. >> melissa: they also want to hear from nellie ohr, working for fusion gps. and she is the wife of doj official bruce ohr. she is scheduled to appear tomorrow, but she is not expected to show up. brian, this is a very interesting development with the latest witness that they have coming forward. you heard jim jordan saying that this lawyer, jim baker took them seriously when they said that they wanted to wiretap president trump and jim jordan said, i want to ask in the meeting that directly followed, what happened? did you talk about it more seriously? >> brian: this is very important. what we are trying to figure out or how deep do the politics and the political motivations go and what is supposed to be a nonpolitical process. and baker has been helpful in that giving a behind-the-scenes look. we are talking about -- >> melissa: what could be his motivation there? >> brian: maybe he wants to tell the truth. you are talking about baker? maybe he wants to

really give him some benefit of the doubt because the people who were accusing her peter strzok and andy mccabe we kind of have to balance that out and really get to the bottom of it. impress him on that a bit. >> harris: what impression did you take away from the president having a 30 minute meeting which he described as a great combo aboard air force one yesterday with rod rosenstein? >> i think the one thing that president trump is is very loyal and he also is very astute and i think he wants to make sure that he doesn't get perceived as interfering in the rosenstein oversight of mueller. so i took it to mean that he is trying to play back and let this thing roll and the president trump, his intuition is great but i think we still have to get to the bottom of this. it's our duty to get to the bottom of it. >> harris: that's the point too. it puts pressure on congress to do its job and to ask those tough questions depending on the answers, what would happen next? for instance, this doubling down today, the strengthening of the point of the conversation really did happen with rod rosenstein of

tomorrow, fbi general counsel, former counsel to jim comey and andy mccabe at different points in time able to shed light on the mccabe memos and the comey memos and the conversations that were taking place at the fbi about president trump and investigations into potential obstruction of justice charges against him. maria: and i believe the last time you questioned james baker, the top lawyer at the fbi, he basically said, yeah, rod rosenstein saying i want to wear a wire and invoke the 25th amendment to take down president trump, this was serious, even though later rod rosenstein said i was just joking about it. >> very important what jim baker can testify to is a direct conflict between the head of the fbi acting director andy mccabe and his testimony and take on that conversation and the head of the department of justice for purposes of the russia investigation, rod rosenstein. there's a direct conflict between the heads of both of those components within the department of justice and we need to get truthful answers about that. maria: so somebody's lying. is there going to be accoun

i never thought i should have gone to journalism school to get access to andy mccabeed memos insteadf running for congress. you need an online subscription to the new york times to read andy mccabe's memos despite the fact congress has been asking for it for months. i need to see the memos. i need to see what he said and then we'll ask what he meant. rod deserves to be heard out. i appreciate the president talking to him this week. we're going to talk to him. maria: we'll see if the meeting takes place. if the president is be putting the meeting off again, it doesn't bode well for rosenstein a after the midterms. >> well, listen, i think the president is going to make significant changes at the justice department after the midterms. but i also think the president and rosenstein have been speaking on the telephone and the president is pretty much decided there's no coupe coup gn right now. i have to deal with the base, i have to deal with the u.s., mexico, canada agreement and get judge kavanaugh confirmed. i also think that deputy attorney general rosenstein's agreement to speak with

and if you take a couple of steps back here, there's the former deputy fbi director, andy mccabe, whoot fired from his job for lack of candor and is now -- may well be charged by the fbi. keep in mind there's a lot of other issues here that the fbi and everybody involved has to pay attention to. >> let me get senator bob menendez' reaction. senator, you are one of 100 senators that later this week if all goes according to mitch mcconnell's plan you are going to have to vote yay or nay. i know you're going to vote against confirmation. what was your reaction to what we heard from his yale university classmate? >> it made the case whey a full thorough investigation is necessary. it goes to credibility and his honesty before the committee. if in fact he was an excessive drinker to the point he says he would fall asleep but not blackout and maybe he blacked out, maybe some of the other incidents are true. i think it goes to the razor essence of why a full and thorough investigation is necessary. but we have the republican leader in the senate ramming this through. they tried to get it thr

andy mccabe obviously knew what was going on within the fbi. surveillance court. even had problems before that with the hatch act violations and his wife, jill mccabe's unsuccessful run for virginia state office and $700,000 that she actually had in donations from people connected to the clintons. and rod rosenstein, to say the least, he wrote the memo actually authorizing the firing of comey. brian: right. >> he laid it all out. there were a lot of reasons for them to be recused. brian: to tie it up. they never liked each other. they don't trust each other. makes steps mccabe was behind the whole leak of that story to the new york times about the 25th amendment. more on that in a second. we have another topic for you. ainsley: melania, the first lady, sat down for an interview, she was carb thus about some of the people working within the administration. listen to this we'll get your reaction. >> he hats been in office almost two years. has he had people you didn't trust working for him? >> yes. >> did you let him know? >> i let him know. >> d

but if your case hinges on the credibility of andy mccabe, good luck. >> bill: trey gowdy over the weekend demanding answers about rod rosenstein talking about secretly recording president trump memos written by andrew mccabe. they could offer insight, context important. fox news senior judicial analyst andrew napolitano. the president will not meet with rosenstein this week the meeting has been postponed pending the kavanaugh matter. >> i don't expect much on the hill. these are behind closed doors meetings. deputy attorney general rosenstein principal accuser is fired f.b.i. assistant director andy mccabe fired for lying to other f.b.i. agents and under investigation for perjury by the u.s. attorney in washington, d.c. not the type -- this is the type of accuser you want because few people believe him. three people in the room said the comment about wearing a wire was either sarcastic or intended to put mccabe down. mccabe and rosenstein were going at it. it was not taken or intended seriously. >> bill: i mentioned context. with the kavanaugh matter really occupying all the oxygen in the

think 99% of the people of the fbi are good people but the 1 or 2% that become peter strzoks or andy mccabes or abuse their authority need to have control of the constitution. that's why we continue to argue that these fisa databases, any of these foreign databases, that if you're going to look in them, if you have an fbi agent in omaha and he's going to look, he or she look at the database they should call a judge and get a warrant so we don't allow bias to enter into this. this has been from the beginning of time the pro tebsz we want and i don't think it's being taken adequately. thank you. >> nsenator, i would say i disagree with the characterization of it being unconstitutional but i appreciate your kind words about the men and women of the fbi. i would say that the recent legislation that was passed by this congress was important legislation to keep haerns safe and i think we can protect the american people and uphold the constitution at the same time and i think that's what we're doing. >> senator lankford. >> thank you to all three of you and the teams that work around you. you have

dagen: andy mccabe and baker may be out to get rosenstein because he also helped write the memo that that was the just ajustification. >> they lost their jobs because rosenstein did what the president wanted. dagen: the president's not going to fire anybody based on a new york times report. just the optics of that. maria: not before the midterms. dagen: maybe after the midterms. >> a lot of people think that in two months the attorney general of the united states is going to be lindsey graham and he will choose his own deputy. senator graham last night said no, but those rumors persist. maria: or somebody else. we'll see. judge, great to see you. >> pleasure, guys. maria: coming up, a scary trend, a mysterious polio-like disorder, mainly affecting children, it is on the rise across the country. fighting online harassment, how instagram uses artificial technology to battle sigh bar bullying, coming next. stay with us. ♪ i just met you and this is crazy. ♪ here's my number, so call me maybe. ♪ it's hard to look right at you baby. ♪ but here's my number, so call me maybe. that last plac

documents and requests we have outstanding but most importantly about this conversation he had with andy mccabe said he was thinking of recording the president. >> julie: good luck this morning. you've got a big day ahead of you. thank you very much, congressman jordan. >> bill: more on the story shortly. our headliner is john pistole. he worked with bob mueller for years and join us live top of the next hour here on "america's newsroom." now we move to house minority leader nancy pelosi trying to be the speaker. she is being used as an asset in the campaign trail but by republicans. republican consultants saying the mere mention of her name sparks the kind of response that could get voters to the polls in 19 days. leland vittert is tracking down that story live in d.c. good morning. >> good morning. they're putting a lot of money behind that thought, despite not serving in or running for the united states senate nancy pelosi is the favorite foil in republican senate races. look at the ads on the air now in west virginia, missouri, nevada and north dakota. >> democrat leader nancy pelosi electe

brian: andy mccabe is under grand jury investigation. his situation getting worse by the day.-- misfud. why did glenn simpson take the fifth? why, the word is two things, he is hiding something number one, or number two he is looking to play out the string, the house will flip and the investigation will stop? >> that may be, that is a good point on the second part. the first issue, he has to have a good-faith basis doing it, apparently his lawyers will let him do it without a good-faith basis. the big issue, whether he told the truth about timing of meetings with the justice department, namely bruce ohr. he said he didn't meet with them until after the election. turns out he met with ohr looks like before the election. clinton campaign vendor, dossier creator, meeting with the justice department in the middle of the election, in august of 2016. he tried to cover that up it looks like to congress and that's why he is facing some concerns about a perjury prosecution. brian: he looks like he lied. somebody is lying because they all can't be telling the truth because their stories

rosenstein and justice department's decision to ignore a house subpoena for mccabe's memo, detailing his meeting with rosenstein, andy bigs, great to have you with us, start with rosenstein, what are prospects for encouraging him to appear before your committees? >> really in hands of our chairman, and we're talle calling on chairman to issue that subpoena, to get him before us, i am not alone. meadows and g gohmert, this hava host of us we want rod rosenstein to come in testify, let's hear what he has to say about this serious allegation. it is. -- we need to subpoena him, and quite frankly, you know it, when you try to ensure compliance, if you don't have a punishment or a carrot, or a stick, then you are never getting compliance. we tried that carrot approach it is time for the stick. lou: it is time for the stick as you put it but we have been watching these delay, the the insulting delays from justice department, refusal to defer to oversight role, the constitutional oversight role of congress. you put up with it for so long -- goodlot is a man who has done too little too late. it has been a woeful performance f