by the way, nicolle, what andy mccabe stood for.bably a good point to insert by bias, andy is a friend of mine. i think he's a man of integrity. but the attacks of the president on andy were merciless, absolutely extraordinary. once andy was fired, the president publicly celebrated that firing. so what andy is essentially alleging is the timetable for his firing was accelerated and his chance to respond to the charges against him were abbreviated. >> and, chuck, he was targeted by this president not just for what you just described what he represented and his leadership of the fbi but for his wife's political ambitions, going back to before donald trump was even elected, i believe, he started singling out and targeting andy mccabe for his wife's career moves. talk about that. >> jill mccabe, andy's wife, is a physician, pediatrician, i believe, in northern virginia who decided to run for the virginia state senate. and andy was careful to recuse himself -- first to seek ethics advice at the fbi and recuse himself from any matters tha

>> if i'm andy mccabe, i'm shaking right now because this has been the second or third inspector general report where somebody has been referred over to doj and they have to decide on prosecution. i think they looked at the case and said this is probably not the slam-dunk case we want but andy mccabe is a slam-dunk case, he lied to the fbi in an investigation. now you have horowitz say what he did here was a terrible example for the 35,000 employees of the fbi, what do you think if you look at the next issue you have to deal with? what kind of example what it set if you let mccabe off the hook for lying in an fbi investigation, that is a terrible precedent. >> tucker: it sounds like they are letting comey off the hook here. >> there are two things to think about, one is the federal records act, federal records you had to return to the fbi were not taken the first place -- there's no criminal sentencing for that, there's no criminal charge for that. the classified piece is more complex because he gave the memos not to richmond that he gave them to his lawyers and they were small bits of c

andy mccabe's fate will be decided soon. i think the justice department has to be ringing their hands over this. this would be an extraordinary decision to indict andy mccabe. typically what you see in these type of internal investigations at the fbi, doj, dea, these people are not prosecuted, their fired, right. that's what happened to andy. it's very rare for somebody in fact to be prosecuted for making a false statement to the ig. just today the inspector general's office released a damning report on this senior doj figure had been looking at porn on his computers and lied about it to the ig. of course, that person wasn't prosecuted. so i suspect the deputy attorney general and others involved in this decision are weighing all of that, plus this case is politically tainted by trump. you know -- >> since i have you and i just remembered as you're sitting there, it is your byline on the story about andy mccabe opening the investigation into whether or not donald trump is actually a russian agent around comey's firing. what

>> i think first and foremost the most important thing that we are going to see, if i'm andy mccabe, i am shaking right now because this is been, what, the second or third inspector general report where

not to brag, but that was a preciouprescient observation, a, andy mccabe literally became a paid cnn a writes about media for "the hill," and he joins us tonight. so joe, the question is, andrew mccabe is a liar. he was fired for lying from the fbi. did cnn hire him in spite of that, or because of it? >> i think it shows that this is now strictly more of a business than anything about journalism. it seems like the prerequisite now is, where you in a position of power? do you hate the president? okay, here's your stage. go ahead, go on. look at michael avenatti. he got on cable news hundreds of times in a small span because he hated the president and spoke about politics and even russia when he wasn't qualified to do it, and with mccabe, by the way? he lied under oath three times to the fbi, as you said, told anderson cooper that the president was a russian asset, so think about this. if he lied to the fbi, and we are applying the michael flynn standard here in terms of sentencing and going to jail, andrew mccabe shouldn't be on cnn. he should be in jail because he's committed the same

>> i think first and foremost the most important thing that we are going to see, if i'm andy mccabe,w because this is been, what, the second or third inspector general report where somebody has been referred over to doj and they have to decide on prosecution. they chose not to prosecute. i think they look at the case and said look, this is probably not a slam-dunk case we want but andy mccabe is a slam-dunk case. he lied to the fbi in investigation. you had horwitz say what comey did here was a terrible example of the 35,000 employees of the fbi. what do youam think, if you are doj and are looking at the next issue that you have to deal with, what kind of example what it set if you let mccabe off the hook for actually lying in an fbi investigation? that's a terrible precedent. >> tucker: i mean, it sounds like they are letting comey off the hook here. >> look, there's two things to think about. one is the federal records act. we are talking about federal records that you had to return to fbi or not taken the first place -- there's no criminal charge for that. he gave the memos not to

andy mccabe. the way he leaked to the press, he said, "james comey said i could." comey says, "i don't remember that." can you believe this? our two top cops in the country. >> dagen: something i said long ago -- "the wall street journal" editorial page warned obama not to point this guy is as head of the fbi. and they won president trump not to keep them on the job in early january of 2017. they wrote, "mr. comey is nothing if not political, especially when it comes to opportunities to burnish his personal reputation going after the objects of his liberal wrath." he went after frank quattrone, scooter libby indirectly, and he botched the hillary clinton email investigation for the left in the right. for the liberals and the conservatives. to your point. >> brian: guess what gets launched after the schematic robert mueller , his good buddy, when he stood up with john ashcroft, hid behind a curtain in order to renew extreme interrogation tactics. he put himself there. him and robert mueller, they threaten to resign in front of george bush, and it just mysteriously -

and when it comes to russia, andy mccabe sounds worse than any cnn anchor. to brag but that was a precious observation as of today, andy mccabe is literally a paid cnn contributor. joe concha writes about media for the hill, he joins us tonight. so joe, the question is, andrew mccabe is a liar. he was fired for lying from the fbi. did cnn hire him in spite of that her because of? >> i think it shows that this is now strictly more of a business then anything about journalism. it seems that the question now is, okay, are you in a position of power kush michael kay. here's your stage. go ahead, go on. look at michael avenatti. he got on cable news hundreds of times for the small span because he hated the president and spoke about politics and even russia when he wasn't qualified to do it and what's mccabe by the way? he lied under oath three times to the fbi as you said, told anderson cooper that the president was a russian asset so think about this. if you lie to the fbi and we are applying the michael flynn standard here in terms of sentencing and going to ja

james comey was asked did you give permission to andy mccabe permission to leak to the president. i don't recall being able to do that. you might say people are in political corners and polarized country right now. not in this case. their problem is with the inspector general appointed by barack obama, james comey, i think you understand his relationship with president obama, he worships him and andy mccabe who worked for him and remember that plan that was hatched in andy's office. steve: well, one of the witnesses who was called before the grand jury was lisa page who was one of the fbi love birds. and she told the grand jury, ak0rding to the "new york times," that mr. mccabe had no motive to lie because he was actually authorized to go ahead and leak information to the "wall street journal." nonetheless, sara carter who has been on top of this story for a very long time says mccabe, she feels, will be indicted according to her sources. >> every bit of information on mccabe has been handed over to john durham, and he is going to be looking through that with a fine tooth comb. be

andy mccabe. judge jeanine: don't they have clapper and who has brennan. all these guys have bern dcial in here is, leakers and liberals, clapper and been northern is where the lying started. >> brennan is over at nbc. they are telling people the collusion was true when it was a lie and they get to advance their lies again with the national megaphone. unbelievable. judge jeanine: the saddest part birth is people should be indicted and i'm starting to lose faith. i am sick and tired of talk about russia. i'm not seeing any indictments yet. but maybe i'm wrong. hope springs eternal. >> i know where you are going with that, and i am with you. >> the threat of socialism growing in international airport today. charlie kirk is here to talk about it next in a moment. judge jeanine: the threat of the socialism in america is real and it should frighten you. in my book, radicals, resistance and revenge, i discuss this in detail. good evening, charlie. the dems say socialism is going to give you everything that your parents and grandparents worked for for free. healt

now, remember that trump's name got add later to the investigation by andy mccabe. once additional conduct was known by the public and by that time, barack obama may have been out of the picture. by all means, go ahead and enter view the president. the counter intelligence investigation protects the people. not the president. >> jeremy bash, lindsey graham has the ability. he has the ability to pursue this. what would that look like? these questions he's raising. these names he's raising. if he is going to have an investigation like this, what would it look like? >> they want president obama to speak under oath but they were fine when president trump did not speak under oath to bob mueller. i don't understand that. putting that aside, the issue that the senator is raising, whether or not the orange investigation was predicated, whether or not there was a factual basis to believe that number one, russia was seeking to interfere in the election and number two, whether or not there were any individuals associated with a presidential campaign who somehow knew about it o

inspector general report, even as he was leading the effort to destroy the lives of others for align, andy mccabe himself lying. will he get the same treatment that his victims are getting customer federal prosecutors are weighing that question right now. and how about jim comey? a lot going on. he joins us now. tom, thanks for coming on. first to the andrew mccain question. >> i don't know. you raised these other ones that were targeted. he was referred in april of last year. so he's all ready gotten special treatment. the justice department has been agonizing. this guy lied three or four times to investigators. we just received documents both under oath and not under oath. if you talk to the fbi and you lied to them, it's a crime. >> tucker: what would happen to you or me or your average fox news bureau for doing the same thing? would we be getting the same benefit of a doubt? see five he was prosecuted within months. according to "the new york times," they are worried that they might get a democratic jury and they won't get the prosecution. i'll tell you what, the justice department needs to s

spent 25 years as a federal prosecutor and counselor, i'll start with you. what about the point andy mccabest of all, you're satisfied that what we've just witnessed fits the legal definition of domestic terrorism? >> you know, at least what we've seen in texas perhaps both incidents and i agree with andy, prosecutors will generally tell you that we need some sort of domestic terrorism statute. we should think very carefully about the behavior we want to criminalize and what we want law enforcement to be able to investigate it can't be slap dash so it has to be done thoughtfully and put it on an equal footing with foreign terrorism with the priority and prosecutors time so people understand it's a serious problem and needs to be addressed seriously. >> bill bratton, how on earth is law enforcement supposed to know about a kid that got mad and decided to get revenge? who is going to be -- we don't know it yet but he's going to be the next name we know? >> several ways, actually that none of them are foolproof. a lot of it is dependent upon people, you see something, say something. >> red fla

now, the description of his interview of andy mccabe was that he lacked candor. isn't that a term for, i mean -- lou: lying sob, is that what they mean by that, joe? >> i think what we're in for is things that are going to be very very good. you know, lou your sense about this is really spot on. the only way the fbi is going to be reformed is through accountability of all these individuals, and i think from what we hear coming down the pike there's going to be some real accountability. we all have our fingers crossed about that but all of the indicators are that some folks are going to really be held accountable so your instincts are right on the money. its got to happen even though we have an fbi director who seems to be asleep at the wheel. lou: asleep at the wheel or worse, victoria, i can not figure out christopher wray, and i can not figure out frankly the fbi itself. >> i can. i can figure him out. it's a jeff sessions syndrome and that is i'm not going to let any dirt come out because that would mean i'm cleaning house. i'm going to protect the fbi by hidi

his girlfriend, andy mccabe, they mention each other in texts and emails.at will do it to clean it up in the fbi. then you have the question of the department of justice and bruce ohr and others there. >> as a former justice 0 department official, i don't think it stops with just a few people. you have the whole matter of the fisa investigation. why was the government's broad surveillance powers misused to spy on an ongoing presidential campaign? that needs to be solved, too. david: i want to get a third subject in if i can. it involves business interests. friday the president said in a tweet and repeated at a press conference that he had the authority to order businesses in china to come back from china, to cease and desist under the international emergency economic powers act. your opinion as to whether he has that authority? >> that law was passed in 1977. it gives the president strikingly broad economic powers. and the president can virtually impose an embargo on china. he may not be able to order individual companies to pull out of china but he can blo

the biggest question in my mind how high it was, was it just rogue actors like peter strzok and andy mccabeal instincts rather than the good interest of justice or did it go higher than that, were there people at the top or after all this started during the obama administration, was anybody at the top levels of government involved in this? >> well, i think that the inspector general may answer that question. there's already significant evidence that it extended outside of the department of justice to intelligence gathering organizations, a lot of questions -- i know that john durham wants to interview a multiprofessor with russian ties but also western ties with joseph who played role in getting this started and i hope that takes place but there are a lot of questions that need to get out in the public, we had a look at ui lot -- a lot of this information and never got declassified. bill barr has the authority to declassify not only do you docus from the department of justice but the fbi as well. david: the possibility is that the u.s. intelligence forces were used for political purposes, t

it was peter strzok and andy mccabe.e said he was leaving overstock in a perfect place and he is not getting chased out of his company. shares of overstock jumped 8% on the news he was resigning. cheryl: let's talk about hp's ceo dion wiseler, stepping down, we have learned. he said he had to leave over family health reasons p. he's going to be replaced by enrique lorez who has been with the company for 30 years. he will take control november 1st, working with a transition period. lauren: tesla reportedly put together a covert operation last year to replace solar panel parts that could catch fire. it was called project titan. it would send crews to fix faulty panels. walmart said they got solar panels that recently burst into flames on the roofs of several of their stores. walmart is suing tesla over those fires. cheryl: let's talk about shares of boeing p. this stock got a big lift yesterday amid signs of the company's trouble 737 max, is returning toward a return to service. boeing's stock rose 4% after reports said th

. >> martha: former fbi director andy mccabe is suing the bureau and the justice department for whats his unlawful termination, arguing president trump had an unconstitutional plan to discredit and remove fbi employees who did not politically agree with him, he says. now he would like his benefits. kristin fisher on that story for us tonight. >> martha, this is a second time this week a former fbi official has filed a wrongful termination lawsuit. first peter strzok and now andrew mccabe. the former acting fbi director is suing the bureau and justice department for firing him two days before his retirement. mccabe says it was a purge to rid the bureau of leaders he perceived as disloyal. the lawsuit singles out the current fbi director christopher wray and former attorney general jeff sessions jeff sessions for essentially carrying out the president's wishes, "trump demanded plaintiff mccabe's personal allegiance. he refused and sessions, wray, and others served in his personal lawyers catering to his unlawful williams instead of honoring their oath to uphold the constitution." the f

that is obviously what happened in andy mccabe's situation, where the inspector general decision droveision to terminate him. once the reports come out, it could be basis for employment investigation. >> gregg: all right. matt whitaker, thank you very much for being with us. >> thank you, gregg. >> gregg: joining me now is the former attorney brett tohlman and florida congressman matt gaetz. there is already a criminal referral against nellie ohr and probably should be one against bruce ohr in my judgment. we'll wait to see. i want to tackle another suggest with you. congressman gaetz, we now learned, you can read about inil "the daily caller," that according to a senate report, every single hillary clinton e-mail was sent secretly to a cryptic gmail address, including classified documents. so, you've got potentially hundreds if not thousands of documents that are sensitive, if not classified, that can be hacked on a google server. and an intelligent agent discovered it. notified peter strozk, who was "disinterested and dismissive." congressman, how can that be? >> the reason this is t

comey, andy mccabe, and peter strzok, to be precise. >> julie: moving forward, how does this all sortt the mueller report is a done deal, the investigating the investigators. that's been something that's been said. after the report came out. how does comey play a role in all this? >> i was hoping he would stay quiet, so i'm a little mad at meadows for bringing him out of his self-righteous hibernation. so comey has to be the same spot as the rest of us, it wait-and-see approach. it may not fall in perfect sequence, but eventually -- soon, we think -- the inspector general report will come out. that should give us some baseline facts. but the john durham investigation, however long or short lives, should be the key to his legacy as an fbi directo director. it could get a lot worse depending what the specific factual findings are. >> julie: james trusty, thank you very much. we "trust your word. [laughs] i'm sure you get that all the time. we are awaiting remarks from the president at the white house the day after he slammed democrats of the party of "radical socialism," during a campai

and they make a decision, it happened with andy mccabe, the former deputy.ck in the he was or committed for charges, for leaking information. classified information we haven't heard much about that. his attorneys are pretty confident they will get away with it. that's why there are two infestations going on here, because bill barr knows the ig can't push forward with charges. >> kennedy: this level of corruption and abuse cannot be tolerated. from any agency directed at any administration, in any party. >> dagen: and by the way, comey is not a nerd, that's an insult to all nerds. [laughter] he's a frankenphony. he loves the attention. [laughter] >> kennedy: the stock market rally taking a pause today after president trump warned of new tariffs on $300 billion in chinese goods. china threatens retaliation, of course. what all this means for americans as job numbers give us a new breed on the economy. details and debate next. ♪ ♪ applebee's all you can eat is back. now that's eatin' good in the neighborhood. woman 1: i had no symptoms of hepatitis c. man 1: mi

meanwhile, his former hand man, andy mccabe, was actually fired by the fbi. get this, for lying.k at this. the so-called facts first network cnn just hired mccabe. clearly, honesty is not something valued by fake news cnn. joining is now his reaction is florida congressman matt gaetz and former u.s. attorney brett tolman. thanks guys for joining us. congressman, i will go to you first. while we are on the mccabe thing, what better way to reestablish credibility at a network that's promoting this debunked, disgraced collusion hoax for two years, than to hire one of the key figures in it, who is actually under investigation for lien? is almost like a bad joke being played on america right now. >> well, if it's "facts first" for cnn's motto, it may very well be "indictments second," because you got andrew mccabe who was probably the target of the criminal investigation and this is a troubling trend for cnn. they also hired andrew gillum and recent reporting suggest that andrew gillum is also a potential target of the fbi so i hope that in all these contributor contracts cnn got the

fishy and three years later on washing television and i realized who it was it was peter strzok and andy mccabethe orders came from. david: just to make clear that's not a make america great hat is it. >> no it isn't. david: make america grateful again cracked? >> correct. >> very briefly, thank you for being with us. i think to zack's point, you were ceo of a trading company and you started it, it's hard to see how some of this did not have some impact on chairs, there was a deep capture which was a website that you are involved with that legal trouble. this might sound -- >> it lost a lawsuit in canada. you're a journalist, you're supposed to defend the first amendment. i did not even have to do that, i have the journalistic protections that protect you. simply to fight for free speech. i took the case on in canada. you're a journalist, you should stand up for me on something like that. >> as a ceo a person who started the company, this might sound curved but how does it feel to see the stock rally when you step down. >> there is a very odd -- i agree about it, not only in my shareholder, as

i didn't know andy mccabe was filing this lawsuit. >> thank you for joining us tonight.ng routinely. much more ahead tonight. stay with us. g routinely. much more ahead tonight. stay with us usic playing ] mm, uh, what do you do for fun? -not this. ♪ -oh, what am i into? mostly progressive's name your price tool. helps people find coverage options based on their budget. flo has it, i want it, it's a whole thing, and she's right there. -yeah, she's my ride. this date's lame. he has pics of you on his phone. -they're very tasteful. dprevagen is the number onemild. memopharmacist-recommendedng? memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life. >>> it is one of the tastier euphemisms in politics i think just because it's so shameless. they call it the district work period, which is hailarious. in august you must go do lots of work in your district. really, that's your work period? what the district work period really is the gone fishing sign for congress. they hung out that sign and left town on july 29th

possibility, so we all know how that investigation started and we all know how people like jim comey and andy mccabe and others maybe use their knowledge of the fbi and the doj to trigger this investigation that ultimately was to the united dumb i present to the united states. >> molly: do you think his fortunes could change at that next report lingers out there? >> not knowing the contents of the report, it's hard for me to know what legal jeopardy individuals could be in. we expect to see similar to this report some areas for criticism and possibly criminal exposure. it's just hard to say until we see what the inspector general report, together with the u.s. attorney in connecticut, find when they investigate the origins of this investigation. >> molly: it seems to go on and on and have some of the different layers. matthew whitaker, thank you for your insights today. we appreciate it. >> thank you, molly. >> molly: a fox news alert fox news alert, forecasters now warning dorian could strengthen to a powerful hurricane hurricane 4 hurricane by the time it makes landfall in florida. this labor day

bruce ohr's passing it on to peter strzok, strzok to lisa page, page to andy mccabe. objective or conservative person. they find these left-leaning, biased and, obviously, arrogant and self-rye house people all in a line. i always said for the last two years certainly there was somebody in those rooms that knew what they were doing was wrong and is going to come forward now and explain what they saw -- trish: the ends doesn't justify the means, right, to them? >> apparently, they were able to clean house. apparently, they were able to clean house, everybody in the room was a hillary supporter and a left-leaner or an i incompetent bureaucrat. there was nobody with any common sense and fairness in the room the entire time they were doing this. trish: insane to me that you would ever rely on some, you know, agent overseas who's collecting information, paying for it, right? i'm assuming that's how they operate over there from russians, from russian agents who, by the way, were probably, you know, clueing vladimir putin in on the whole darn thing. my thinking is putin's go

horwitz told us about andy mccabe lying three times under oath and that's why he got fired.r strzok got terminated because bob mueller fired him because of the text messages between him and lisa page. >> sean: real quick, do you believe they will be held accountable? real quick. b >> i do. >> sean: by accountable, they will be charges? >> that's not my lien -- >> sean: let me go back to sara, tom, and john really quickly here. do you use three believe, as i do, that as bad as the fisa report will be, now it has gotten much deeper and clapper, brennan, are far more deeply involved in something that may even be more sinister than anything else?e? john solomon, we'll start with you. >> i think attorney general barr's statement that there was spying and political surveillance that goes beyond what we see in these ohr documents today tells me that there is a much deeper layer still to be revealed but we don't know what that is yet. so before we can assign culpability likely mediated to trump -- >> sean: do you believe that they outsourced spying that would be illegal?th >> there

appeared to row against american law enforcement, to the degree that then acting director of the fbi, andy mccabeened a full field investigation to find out if donald trump was a witting or unwitting agent of russia. you now have the second high-profile threat, attack, if you will, on our country. this time it's white supremacy-inspired domestic terror. you have donald trump's hand-picked fbi director chris wray testifying to that, really i think the day before robert mueller. and it's another test for this president. will he row with christopher wray, or will his language, which mirrors almost exactly the language of this moment of white supremacy make the job of the fbi more difficult? >> and to that point, i think you've made this point very eloquently, both on your show today and already since we've been on the air tonight, this idea that the president has been speaking the same language, at least of the el paso shooter, if we take the el paso shooter's written word at his intention. now, that is horrific in terms of us the diagnosing what's going on in this country right now and what we have

crooked hillary clinton, lying and leakin james comey, lisa page and her psycho lover, peter -- andy mccabebeautiful ohr family, fusion gps, and many more, including himself and andrew w so why didn't the highly conflicted robert mueller investigate how and why crooked hillary clinton deleted and acid washed 33,000 emails immediately after getting a subpoena from the united states congress she must have great lawyers! >> "no collusion, no obstruction! >> "the greatest witch hunt in u.s. history, by far!" >> seth: dear god, his tweets would make more sense if they were scribbled on paper and faxed to a newspaper under the zodiac symbol. [ laughter ] but at the very least, today's hearings might have been informative, both for trump and for members of congress who've admitted they didn't read the whole report more than a dozen members of congress readily admitted to politico that they too have skipped around rather than studying every one of the special counsel report's 448 pages. that might explain why some democrats have spent the last few months trying to educate their republican colleague

until today i department know that andy mccabe was filing this lawsuit. >> okay.goldman, attorney for peter strzok. thank you for joining us tonight. please keep us apprised. we'll be watching keenly. >> thanks, rachel. >> much more ahead tonight. please stay with us. please stay with us. hmm. exactly. liberty mutual customizes your car insurance, so you only pay for what you need. nice. but, uh... what's up with your... partner? not again. limu that's your reflection. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ >>> it is one of the tastier euphemisms in politics i think just because it's so shameless. they call it the district work period, which is hilarious. really. in august you must go do lots of work in your district. really? that's your work period? what the district work period really is the gone fishing sign for congress. they hung out that sign and left town on july 29th expecting to be gone for the end of july, the entire month of august and a good chunk of september. nice if you can get it, right? congress does get lots of breaks

appeared to row against american law enforcement, to the degree that then acting director of the fbi, andy mccabe, opened a full field investigation to find out if donald trump was a witting or unwitting agent of russia. you now have the second high-profile threat, attack, if you will, on our country. this time it's white supremacy-inspired domestic terror. you have donald trump's hand-picked fbi director chris wray testifying to that, really i think the day before robert mueller. and it's another test for this president. will he row with christopher wray, or will his language, which mirrors almost exactly the language of this moment of white supremacy make the job of the fbi more difficult? >> and to that point, i think you've made this point very eloquently, both on your show today and already since we've been on the air tonight, this idea that the president has been speaking the same language, at least of the el paso shooter, if we take the el paso shooter's written word at his intention. now, that is horrific in terms of us the diagnosing what's going on in this country right now and what we

about jim and about the origins of the investigation together with what we expect to happen to andy mccabe in the coming days, i think is going to really demonstrate how backwards the director and the deputy director in the comey fbi really ran that operation. >> martha: so a friend of james comey's and he writes a blog, a widely read blog inside of this community, he says that it really looks like the writing is on the wall that andrew mccabe will be prosecuted because he says there's no other reason for that meeting between his top-level attorneys and the department of justice other than a last-ditch effort to sort of say, look, there is a way to back away from this. do you agree with that? >> i do. and what i know, i think been both the acting attorney general and attorney general and chief of staff and the u.s. attorney is that there is something that sophisticated defense lawyers know, deputy attorney general if you were if you disagree with the u.s. attorney's office, in this case the district of the district of columbia, if you disagree with her decision, sometimes you can get a hea

the backdrop to all of this news yesterday the former fbi director andy mccabe is suing the justice departmentquote, for his refusal to pledge partisan leadership to trump, adding it was trump's unconstitutional plan and scheme to remove fbi employees who were deemed to be his partisan opponents because they were not politically loyal to him. i have covered this as closely as i have covered any thread of the trump presidency because -- you know this better than anybody, but during the bush years, i worked very closely with the national security officials and it was sort of a miracle because they're so adverse having anything to do really with communicators because we're on the softer side of things. you're laughing because you know i'm right. >> yes. >> but after 9/11 we needed to protect this country after we had gone to war in iraq and afghanistan and need to declass intelligence and military information and convey that. i have the best sense, if i have a sense of anything, to how trump's presidency has rocked and shattered lifelong public servants whose entire work has never involved even a

now, remember that trump's name got added later to the investigation by andy mccabe once additional conduct was obvious to the public. and by that time barack obama may have been out of the picture. but by all means, go ahead and interview the president, but lindsey graham's got to get it right, a counterintelligence investigation protects the people not the president. >> well, so jeremy bash, lindsey graham has the ability, he runs the judiciary committee in the senate, he has the ability to pursue this. what would that look like? these questions he's raising, these names he's introducing, including barack obama, if he's going to pursue an investigation like this, what's that going to look like? >> let me get this straight. so they want president obama to speak under oath but they were fine when donald trump, president trump didn't speak under oath to bob mueller? i don't understand that. but putting that aside, on the issue that the senator is raising and that joe degeneva was raising is whether or not the original russia investigation was predicated, whether or not there was a factual ba

brian: what is andy mccabe doing?isten. >> right. but the head of those allegedly 13 angry democrats also fired him. bob mueller fired him. jim comey, who is no fan of the person you're talking to right now, when we deposed him, he would have gotten rid of peter strzok if he had known about the texts. peter strzok need blame no one other than himself for writing what he wrote. he was unfit to investigate either of the presidential candidates. how this is going to turn out i don't know. it is d.c. i don't know what a jury will do with it. he is unfit for law enforcement. whoever fired him, i guess chris wray, i'm sure chris did not do it because of pressure from president trump f that were the case, mick mulvaney would have been fired a long time ago. steve: can you imagine if he gets his job back, he goes back to the fbi. ainsley: he will not. steve: i'm just saying, can you imagine. brian: let's see if he has a case. 11 minutes after the hour, jillian mele to surprise of few is ready to give us the news. jillian: a l