joining me now is andy mccarthy, fox news contributor and author of "ball of collusion" as well as former aide who to senator chuck schumer and host of progressive podcast. andy, let's start with you, and rudy will join us later in the hour. now, that would all seem to complement the matter, you know complicate, i should say, matters here, wouldn't it, if there is political bias that is already recognized and documented? >> well, it would be something you would have to disclose if he was a relevant witness, laura. but i don't know why, frankly, anybody cares much about the whistle-blower anymore. i know the democrats want the whistle-blower on. as someone who used to try cases, once you have the evidence that the whistle-blower is blowing the whistle about, the whistle-blower becomes irrelevant. so if it turns out that the whistle-blower's problem was the e-change or the communication between president trump and president zelensky and a belief there was a quid pro quo, tomorrow we are going to have this transcript that is reported. once the transcript is public laura what is the differenc

all she did is i think andy mccarthy was the first person to point out several hours ago, all she did is stand up and say these five different committees which are investigating things they don't like about the administration were out calling them part of an impeachment inquiry. it's not like watergate where there was actually a vote to authorize an investigation based on the saturday night so will know i think it is completely for show. >> allen, new details tonight from ed henry about the whistle-blower. senior administration officials are telling fox that apparently, the whistle-blower did have some political bias. in favor of a rival candidate of president trump and the official doesn't have the name of the rival candidate and the whistle-blower supports biden or another specific candidate, but look for the administration to highlight that. each site is going to put out they are facts that are helpful to them that's how these cycles go. we have seen it before, but this does have some odd parallels does it not, to what happened to comey in the beginning and the march towards using

assistant attorney andy mccarthy. good morning to all of you. andy, let's begin with you.uch are you read and what do you take from it now? >> well, i've read through it once, bill. and what strikes me is that the crowd strike portion of it is the most confusing. there are -- if the president is speaking in incomplete sentences that are run together or if there are words missing which would be important. the crowd strike piece is interesting because i hadn't heard anything about the idea that the server of any important kind was in ukraine. there was an issue with crowd strike in ukraine sometime back, crowd strike is the outfit that the dnc used to analyze its servers when they said that they were hacked by the russians. crowd strike also said that ukrainian military was hacked by the russians and that report turned out to be discredited. i thought it was interesting that came up so early in the conversation attributed to the president. >> sandra: john roberts. >> i don't think this is going to put to rest the democratic calls for impeachment. one of the reasons is, too,

andy mccarthy. and he, your point earlier, this is different. this is an impeachment inquiry. it is not impeachment proceedings. it is not a formal vote in the house to move forward and authorize impeachment. impeachment is a political process, but it's not even to that voting part of impeachment. >> andy: yeah, that's right, bret. it's not even that different from what jerry nadler has been saying up until now, that he's been doing. i just really don't see, other than having speaker of the house take a podium and say, we are now doing an impeachment inquiry. i just really don't see how this is different than the situation we had a half hour ago before she began to speak. the standing committees are pursuing various aspects of what they regard as a potential impeachment case. the head of the judiciary committee has said that he is doing an impeachment inquiry. and when speaker pelosi spoke today, as you pointed out, she's not putting this to a vote. she conveyed at least to those of us who have been watching and have speculated that she doesn't want to put the 41 or so democra

i want to bring in andy mccarthy, former u.s. attorney anna fox news contributor.and i were talking about this earlier, and the list of people who have defied subpoenas. tell me how it works. >> harris, the things to remember about impeachment is that it's a political process, not a legal one. it's always the case that the congress, which has subpoena power in all its different committees, can issue subpoenas. the executive branch will usually cooperate with subpoenas. if we are an political dispute, they will frequently define them. sometimes they have very good reasons for defying them. because the president does have some constitutional privacy privilege. matters that are sensitive matters of foreign relations, there may be very good reasons to hold back information. there may also be not so good reasons to hold back information. what it comes down to is how willing the congress is to squeeze the executive branch on this. are they willing to impeach over it? are they willing to use their power of the purse to withhold funds from the executive branch in connectio

meantime, let's get the read from andy mccarthy, the former u.s. attorney, fox news contributor, on all of a sudden the demand of subpoenas as the rush to begin the impeachment proceedings. they really mean it, after this. memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life. but allstate actually helps you drive safely... with drivewise. it lets you know when you go too fast... ...and brake too hard. with feedback to help you drive safer. giving you the power to actually lower your cost. unfortunately, it can't do anything about that. now that you know the truth... are you in good hands? >> neil: all right. well, if you got any documents relating to ukraine and you're secretary state, they want them and they want more. this could be just a preview of coming attractions. andy mccarthy with us. the former u.s. attorney. andy, what do you make of this request? i'm sure others will follow. >> well, they're pursuing this, neil. somebody smarter than me when this all started to get rolli

. >> harris: andy mccarthy, former u.s.for the southern district of new york and the fox news contributor, thank you for being with me. let's talk about this and two lanes. let's get to the legal. what happens with the whistle-blower? protection, the president saying this person is artisan. layout the legality for me. >> i think, harris, the legality here is the biggest rabbit hole. in terms of constitutional law, the president has almost plenary authority to conduct foreign policy. but the congress has a very legitimate interest in how that foreign policy is conducted and what commitments the president makes. that is all fine. this statute, i don't think it applies to the president. i don't think it applies by the text of the statute itself. and i don't think it applies by constitutional principles. congress can't enact a statute that would in any way limit or interfere with the president's ability to conduct foreign policy. to make on the issue is not whether the statute -- pardon me? >> harris: no matter what this whistl

melissa: andy mccarthy, ball of collusion, congratulations on the new book thanks for coming on.bulls & bears starts right now. >> [chanting] david: major protests and contract talks resuming for a second day today as united auto workers continue their strike against general motors. nearly 50,000 workers demanding higher wages, better health care benefits and more job security, and now new concerns over how long the strike could last as gm , the uaw, and the white house all denying a report that the trump adminitration intervened in any way to help end it. we've got a live report coming up. welcome everybody. thanks for joining us this is bulls & bears i'm david asman. joining me on the panel today jonathang,

it says this. >> dana: andy mccarthy, can i go to you on two things? first of all, joe biden certainly figuring out a way. he thinks in my mind reading that statement that he just put out, he has to fight fire with fire. the president just now was basically laying it all out there saying i want to know everything. joe biden now basically says -- sounds like he's for impeachment when he says hold the president accountable. your thoughts on that. >> yeah, i think that what he's saying, dana, doesn't square with what we're seeing in transcripts. for example, the last bit about, you know, russia, the transcript has zelensky thanking trump for the extraordinary assistance to the united states under the trump administration is giving to ukraine in connection with the russian federation and favorably compares it to what they're getting from germany and france. and on this idea of whether trump, the quid pro quo here has helped me with my personal political agenda by making a case on biden, which would help my campaign, i think if you read this transcript, wha

joining me, andy mccarthy. when i was a prosecutor and you were a prosecutor, you were in the building next door to me and worked with jim comey. i think it's relevant that you would be talking about this whole thing. it was a scathing ig report. it was scathing. big bar decides not to -- bill barr decides not to prosecution. but jim comb comey knows the rules more than anything else. can we agree he's a smart guy? >> a very smart guy. judge jeanine: he takes the memos that are for official use only. he puts them in his safe and gives some to his lawyers. when andrew mccabe send the fbi to pick up his fbi material, he doesn't give them what's in the safe. why not? >> obviously he should have given them whatever he had. i think he hadn't yet worked out -- in his mind from what i understand when this was revealed his position was they were not fbi records. the recollection recorded. and -- the thing that bo neared throughout this. i was a prosecutor for 8 years before i knew the fbi had a night job doing security

joining me, andy mccarthy. when i was a prosecutor and you were a prosecutor, you were in the building next door to me and worked with jim comey. i think it's relevant that you would be talking about this whole thing. it was a scathing ig report. it was scathing. big bar decides not to -- bill barr decides not to prosecution. but jim comb comey knows the rules more than anything else. can we agree he's a smart guy? >> a very smart guy. judge jeanine: he takes the memos that are for official use only. he puts them in his safe and gives some to his lawyers. when andrew mccabe send the fbi to pick up his fbi material, he doesn't give them what's in the safe. why not? >> obviously he should have given them whatever he had. i think he hadn't yet worked out -- in his mind from what i understand when this was revealed his position was they were not fbi records. the recollection recorded. and -- the thing that bo neared throughout this. i was a prosecutor for 8 years before i knew the fbi had a night job doing security

andy mccarthy telling us very clearly, and catherine herridge reporting, this may mean the whistleblowert only not a whistleblower, but as we suspect already, has no standing irrespective of whether they change the form or not. >> you would not be able to get so-called evidence from this whistleblower admitted into a court of law. how are we supposed to use it to impeach the president of the united states? i would think that we need to do with john solomon suggested in the last segment. republicans need to start holding minority hearings and bring out the evidence. during the russia investigation the democrats learned a valuable lesson. the more they allow republicans to examine the evidence, the worse the case gets for them. they are on the super highway to impeachment with no stop signs. what we need to do is analyze it, unpack who this whistleblower is. and me up suspicion is we'll see this as the house of cards the russia hoax was. it's a knockoff of the ukrainian sequel. lou: i don't understand why the republican conference isn't outraged with what's going on. it's so clear this is

andy mccarthy is back. welcome andy. >> how are you. >> right and very intrigued, i am hearing, depending on who you ask and how much they love or hate the president, i am hearing to vastly different stories about the exact same thing. how can that be? >> because, i think this is really hyper political and nothing has changed. so if you're a detractor of the president, nearly the implication of quid pro quo, this or that in the context of the discussion between the president of the united states and president of the other country or another country can make it sound corrupt. in the meantime, here in the big people world when leaders of foreign countries talk to each other, they do not talk about yoga routines, it's what should you do for us and what do we need to do to make you do it for us. that is what all interchange between foreign leaders is about, they want to say this one is corrupt, how do you feel about the bar investigation. because if you accept that as a legitimate exercise in a legitimate invest

. >> yep, andy mccarthy lays out, again a broken record, effort by people in united states governmention from a foreign country, the significant of that, again this the political toxicity, oh, my god, you are dealing with a foreign country, that is it you are undermining the very fabric of our democrat, but. the reverse on other side, the cliche, don't throw stones if you live in a glass house, i follow the sham same rule, i dot prejudge, you tell me there was an attempt? i say, show me the evidence. elizabeth: i hear. >> you weather mr. trump conversation with leader of ukraine constitutes high crimes and misdemeanor. it depends on what he was getting at, when he raised the subject of crowd strike. that was company, hired by dnc, that fbi never saw that server, and instead of its own investigation, crowd strike did it. >> if there is -- >> russian hacking. >> a trial lawyer will tell you, you look at everything in context. so, you can interpret that tape, to break it down,. >> he raises biden, the cop particular, the point from one side he wanted to know what happened in 2016. then o

andy mccarthy is a former assistant u.s. attorney and fox news contributor. how are you doing?r read on the state of flynn's case today? >> this is something, bill, it ought to be straight forward and it has gotten very complicated in this case. the bottom line is in every criminal case the government has an obligation to disclose to the defense any material exculpatory information that is in the government's file. now when a person pleads guilty, what happens is they have to -- they get questioned by the court. they are made to explain what it is in their own words that makes them guilty. and they are made to understand that by pleading guilty, they are waiving all kinds of claims that they could have made about the case, including the claim that discovery was withheld. so what you had here was a switch of judges and when the new judge came in, even though the plea had already happened, he issued a discovery order demanding that the government turn over any exculpatory information that it hadn't turned over. what this dispute is now about is number one, is there information th

i think the final point on this one andy mccarthy made.purpose of counter-intelligence investigations at this level is to inform the president on intel matters. they are not criminal investigation or criminal probes. are you seriously telling me an investigation designed to inform the president was kept from the president? susan rice email in january, the famous january you and rice email to herself. president trump said to do everything by the book. there is a quote in g.i. jane where the commander of the base said people who don't want to makete statements don't make statements about not making statements. have you ever sent an email to yourself, mark levin, do everything by the book. it's so ridiculous. mark: with nadler running this soviet-style investigation. he announced the president has committed a crime. he obstructed justice. we are going to do it. he's an he bear isment. what he's doing to the house is an embarrassment. he wants to get to the bottom of this. has he called susan rice or james comey as a witness? hasal he called m

a lot of great lawyers have come out of there, including yourselves, andy mccarthy, people on the other side of the aisle, even. here's my question. >> yeah. >> sean: looking at biden, his son, what he admitted to on tape, the case of china, he didn't have any background experience of private equity or anything that i know. it's $1.5 billion about 35 seconds. >> bank of china is his partner and whitey bulger's nephew. that $1.5 billion was to buy joe biden. >> any laws broken? >> no other explanation for it. meanwhile, they were caving in about the islands, tariffs. there were reports in the new york times how soft biden was on china. now we say, hey, maybe the $1.5 billion made him a little soft. this is horrible. it's horrible that i can't get the press and even the fbi who is turning down these allegations, that's why the ukrainians came to me. they said there's something wrong with your fbi. >> sean: and the state department. last thing, fact, the state department asked you to look into it. >> i got all of the memos, all of the texts. they asked me, i reported it back. and thanked m

media but that's a bad move and the other interesting thing real quick and in fairness, there was andy mccarthybout him being indicted and i agree with andy 100% and i'm not sure so they are 100% there yet liz. liz: let's watch former fbi deputy assistant director about what james comey faces in the upcoming ig michael horowitz probe on the fisa accuse. >> i think he's got issues with regard to the civil rights act, to deny people their rights to have a warrant issued before you record their conversation, and conspiracy. i think this part of it is kind of what a preview. it's a tip of the iceberg. it's what's coming next and i hate to see it, but he brought it on himself. >> here is what also happened today. he says that we had jerry nadler and steve cohen saying they don't see any problem happening with what happened with the democrats using the fisa court. the obama administration meaning james comey and specifically not the carter page application, so i guess they are okay with using the fisa court to spy on opposition campaigns. >> it's a double standard. the shoe on the other foot test we'

author of "ball of collusion," andy mccarthy, the upcoming witch hunt, frank gerrit , and gregg jarrettand sara carter. we know they were all warned that, uh-oh, don't trust steele, he's got an agenda. we know they were told twice, kathleen kavalec, and they were told by bruce ohr, jan, hillary paid for it. now we know it is unverifiable document, not even steele stands behind it. does that sound to you -- you work in the prestigious, and i mean this seems dearly southern district of anyone, that sounds like premeditated fraud, and an illegal warrant effort. >> we now know that in connection with the kavalec incident, only days before they went for the warrant, they were told that steele had been wrong about something that was fundamental. so i think that, between the bias that he had, which was quite obvious, and as you point out, was known throughout the unit and the fbi on the justice department was looking at this, the fact that we know somebody at the justice department had problems with their lack of transparency with respect to steele, and the fact that they knew he was wrong abo

let's bring in michael moore, alex vogel and andy mccarthy is a former assistant u.s.ney and fox news contributor. i just want to play for you two things. one, you'll hear from nancy pelosi saying the dni broke the law. here's justice maguire's response about that. watch. >> the dni broke the law. the law is very clear. the dni shall convey the complaint to the intelligence committee. not the whole congress. to the intelligence committee. >> public service, my integrity has never been questioned until now. i'm here today to state that as acting dni, i will continue with the same faithful and nonpartisan support in a matter that adheres to the constitution and the laws of this great country as long as i serve in this position for whatever period of time that may be. >> dana: the speaker was quite emphatic. she said the dni broke the law. did you hear anything in the hearing today that would lead you to believe that? >> no. i think she's just wrong. the law only applies if we're dealing with intelligence activities that are defined in the statute that are under the autho

. >> bret: andy mccarthy still here. getting to articles of impeachment is a different hurdle then he announcing a formal inquiry to impeachment. it is a constitutional process, not a total political one, but it is a big hurdle to finally get to where you're putting on articles of impeachment. >> yeah, there's a big difference, bret. what's done today in the parlance of prosecutors would have been to say to the extent a grand jury hadn't been convened yet, now we convened a grand jury. doesn't mean that charges will be filed. it means that they will possibly issue subpoenas, they will interview witnesses, but if they are talking about the emoluments clause, one of the things that that would say to me is that they haven't articulated in their own mind what high crime and misdemeanor do we have here, and that's an important element for an investigator. as a prosecutor, i always wanted to have a crime in mind when i commenced an investigation, because it kind of has a discipline in terms of how you organize what you need to

andy mccarthy. [applause] >> thank you so much. she says it's dumb luck. i think that she was planning this from the start. [laughter] it is a delight to be back here. i think we started to talk about coming back four or five months ago and i had such a great time the last time i didn't need to be asked twice. i think that it is sheer fortuity that it turns out to be on the day the book came out. the book is a big deal even for people who do what i do for a living. a book is something you really poll results into. this is a big day and i'm i am thrilled to spend it with you. i was even more thrilled, maybe not more, but i stepped off the plane and my phone is exploding because it turned out that rush limbaugh talked about the book on the radio today and she likes it, which is important. if he's going to talk about it, you want to make sure he likes it. so it's just been i was totally blown away by that. i didn't know he was going to do that. when i got to the hotel, the first thing i did was give him a little note to thank him. he is great so of course he

. >> bret: andy mccarthy joins us now. your thoughts on this as it's been developing?now you've written about it in the past couple days. your thoughts >> i think this may actually be a pretty sophisticated way for speaker pelosi to put the brakes on this thing. having, just having an impeachment inquiry is kind of like the prosecutor convening a grand jury. it doesn't require you to do anything. it doesn't require you actually to return charges. it is the appearance of progress in the investigation. here, we have a situation where the judiciary committee, which would actually be the anchor of this kind of process, the chairman, jerry nadler has been telling everyone up until now that he's actually doing an impeachment inquiry. our complaint about that is that it's never been formally commissioned or formally voted. now, all that's happened is, they are going forward with it. that doesn't make them do anything. >> bret: andy, thank you. you are looking live on capitol hill. this is a fox news alert. i'm bret baier in new york. speaker of the house, nancy pelosi, gettin

a lot of great lawyers have come out of there, and putting yourself, andy mccarthy, people on the otheride of the aisle, even. here's my question. >> yap. >> sean: looking at biden, looking at his son, what he is admitting to an tape, in the case of china, he didn't have any background experience in private equity that i could find, or anybody that i know. 14 days after he went to china with his dad on air force to come and it's 1.5 billion. about 35 seconds. >> bank of china was his partner, by the way, and "whitey" bulger's nephew. the 1.5 billion was clearly the buy joe biden. >> sean: you see laws broken? >> there can't be any other explanation for it. meanwhile, joe was caving into china on negotiations about and islands, tariffs. there are reports in "the new york times" about how soft biden was on china, and i we say, hey, maybe the 1.5 billion made him a little soft. this is horrible. and it's horrible that i have to go through this to get the press -- and even the fbi, who was turning down these allegations, that's why the ukrainians came to me. they said there is something wro

melissa: andy mccarthy, ball of collusion, congratulations on the new book thanks for coming on. connell: we thank you for joining us today. melissa: bulls & bears starts right now. >> [chanting] david: major protests and contract talks resuming for a second day today as united auto workers continue their strike against general motors. nearly 50,000 workers demanding higher wages, better health care benefits and more job security, and now new concerns over how long the strike could last as gm , the uaw, and the white house all denying a report that the trump adminitration intervened in any way to help end it. we've got a live report coming up. welcome everybody. thanks for joining us this is bulls & bears i'm david asman. joining me on the panel today jonathan hoenig, carol ross, steve moore an let's get straight to the gm plant in detroit. where do negotiations stand now? reporter: david they're happening behind closed doors a few miles away from here in downtown detroit and we're not hearing much from them. perhaps that bodes well for gm stock it was down about 4% at the closin

andy mccarthy with him, now the author of the new book fall of collusion.oing indy, good morning to you. it is clear with the white house has anything that happened after he was elected president, or after president donald trump was elected so that's november of 2016, don't talk about it. is that executive privilege? >> good morning bill. i think it's going to depend on whether the communications involved are within the ambit of the presidents' responsibilities. the way executive privilege works commits a recognized privilege, the supreme court recognized it in the united states first mixing. it didn't wrestle with the question of whether you have to be a formal advisor on the white house staff but the language in the opinion and the related opinions seem to suggest that as long as the president is within the bounds of his written executive responsibility, a claim of privilege is legitimate and if you think about it on the other side, bill, let's see a member of congress brought somebody and from private life to talk about some economic or private policy is

andy mccarthy begin with you. you had a day to digest from yesterday.versation itself which is really what the nub of the complaint is here were explosive in order to inflate the importance of the conversation, they want to associate it with law breaking. they're trying to fit night the statute why we're hearing from the dni this morning but the stute doesn't apply to the president. the process doesn't apply to a conversation of this nature and the reason i think there is a desperate attempt to link it to law breaking is because the conversation itself is not particularly damning. >> andy, one of our producers on capitol hill bringing up key questions that lawmakers have heading into the hearing this morning, how far the dni director can actually go in an open session. he could be pretty limited what exactly he could say publicly here. what was the role of the dni in the whistleblower complaint? did the dni play any role to access the credibility or to assess the credibility of the whistleblower. those are all key questions heading into this, andy. >> i

andy mccarthy, on page 4 of that transcript it reads the other thing, the president talking. there is a lot of talk about biden's son that biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the attorney general would be great. biden went around bragging he stopped the prosecution. if you can look into it. it sounds horrible to me, end quote. ukrainian president speaks after that. based on the five-page transcripts as they gavel to order here, can you tell us a singular point that you believe will be most significant for democrats on the committee? >> yeah, i think that it comes down to barr's investigation. if you believe as i do the barr investigation is a legitimate department of justice investigation, that's what the president asked for help on and there was a significant portion of that before the part of the conversation you just read. if you think the barr investigation is a cat's paw of the trump campaign you'll have a corrupt slant on it and what i expect to hear from the democrats. >> bill: stand by. let's go to

>> i think what i make of it is what andy mccarthy said to one of your colleagues already earlier this week, laura ingraham. once you have the transcript or the summary of the president's call, that dispenses with the need to deal any further with the whistleblower. there's nothing more that the whistleblower can add. the whistleblower's information was indirect and secondhand only. we now have the direct evidence. the president has released everything. we have the phone call. so what are democrats left to argue? nothing else other than oh, wait a second, are we sure that that's an accurate transcript of the phone call. when you hear that, you know that this is over. and they are left to basically argue this is now a process violation. well, what about that process. everything now is transparently been disclosed. the whistleblower complaint has been disclosed. the transcript of the phone call has been disclosed. the deliberations at the department of justice through the office of legal counsel, the criminal division and the public integrity section, have all been revealed for the entir

this guy is in a lot of trouble and as andy mccarthy on this network has pointed out brilliantly manyleak was about hillary clinton. so you know, they are not going to be able to go no, no, no. this is just a trump thing. it had nothing to do with trump. he is in a lot of trouble. ed: to your point there may be workers in that poll this powerful guy andy mccabe trying to throw people under the bus. that's something viscerally understand. >> juries are composed of human beings. these human beings have to be thinking this guy was in one of the most important positions of power in the country. and ripping his subordinates a new one for something he allegedly did? come on now, give me a break. pete: dan, thank you very much. appreciate your time. >> you got it, guys. good to talk with you. jedediah: going to bring you headlines now. a man who stabbed a jogger to death near her home in washington, d.c. is sentenced to 30 years in prison. anthony crawford pleaded guilty to the random killing of martinez. she was murdered just one week after getting engaged. her mother says she has forgiven