attorney brett tolman.f you want to say that and call back in then or weigh in with a question, that's fine. memphis is next. will democrats's successes help in the midterms? caller: good morning. i love your show, by the way. this is what i have seen happening. trump, i think he baited the fbi to come there just that he could make them look bad, because they have been fairly ineffective. and i think this. the more bigots talk down, the stronger the party is going to be. i think that conspiracies -- that conspiracy theory, keep throwing that out there. we know something is going on. host: let's talk commentary from the conference policy chair in the u.s. house yesterday -- or friday, i should say. the new york congressmen on passage of the bill. here's what he had to say. [video clip] >> we are once again getting big things done for everyday americans. we passed the "american rescue plan," saved the economy, money and pockets, kids back in school, past the "infrastructure and jobs act," creating millions of

attorney brett tolman. ng it, the department of justice says they're for releasing it but what about the affidavit, when we've seen funny business before in terms of the fbi giving bad information to a judge in order to get a warrant. it was revealed in the affidavit don't we need to see that now? >> that's the only document that really matters, david. you get to see what they represented to the court, and keep in mind, there's a backdrop behind every affidavit, meaning were they in discussions with the president with his legal team? did they have any cooperation? was the cooperation satisfying? were they able to gain access when they wanted to, to document s? did they need to use a warrant? and the use of this warrant in this case is contrary to any historical precedent by the department of justice on a high profile target like the former president. david: and we heard from the a .g., of course a written remark. he didn't take any questions at the end of what he said, but he posed, it was more of what he di

attorney brett tolman and fox news legal analyst gregg jarrett. thank you for joining us. you are a former u.s. attorney. i will start with you. i cannot get past the fact that a judge less than two months ago had to recuse themselves. we don't know why, but had to recuse himself from a trump issue and less than two months later he is making this ruling. i don't get how that happens in today's legal system. cino jason, if the recusal came as a result of the political connection between this judge and hillary clinton, which most likely it was, then it really is outrageous that he would not recuse himself when the main political adversary of hillary clinton, obama and biden and anyone on the left as former president donald trump you would have thought it would have applied also in this circumstance especially in the criminal law when there's a lot more on the line. >> craig, i love the piece you wrote on fox news.com, but essentially they were giving a fishing license to go to town on donald trump's residents. what is your reed on what you read in the affidavit? >> this is w

brett tolman is a former u.s. attorney and executive director for right on crime. we didn't know this before, bret. we thought facebook took it upon themselves to suppress the story. we assumed the fbi lied to twitter and told twitter this was going to be russian disinformation coming down the pipeline and zuckerberg just confirmed the fbi lied to him and got him to suppress this thing before an election. >> well, the thing about the fbi that very few, unless you have been in the criminal justice system understand, is they have had decades of being allowed to lie. and, in fact, jesse, legally, they are able to lie. that is written into the law that the fbi, when it's engaged in investigations, can lie to individuals and you see what lack of accountability amend transparency of the law allowing them to do these tactics has produced. >> you are allowed to go to one of the richest men in the world who runs the biggest social media outlet before an election, and lie to him to get him to suppress a story to change an election? >> if they have in their decision-making de

i'll tell you i agree that's what mccarthy brett tolman said i agree.ming out of that i think is just classic, it's the fbi trashing and the more the fbi does this, the more they lead this kind of information, the more displaced as an institution is gonna lose respect i do want to say one more thing about zuckerberg. this guy needs to be placed under oath. i want to know who we talk to, what exactly they told him, whether or not they mention 51 of these intelligence officers which i seem to recall reading somewhere which tells me they knew it was coming, they had it for a long time and he wanted to suppress this information with the so-called 51 intel officers, none of whom have said og we were wrong and is not russian disinformation. that is the suppression of free speech and by the way he said you can exchanges information, baloney. you couldn't find it to exchange it if you look under a rock you might find hunter biden. the difference between how they are treating this president, and an ex-president of united states and a drug addict who was sucking

brett tolman is with us and a former u.s. attorney joining us on the phone. t is this a legitimate legal action or a political attack? >> well, on its face you have a judge that signed a warrant, but as we all know, it's very easy to get a judge. i'd love to see the probable cause statement in this case to see what justified the action. they had many options they could have issued a civil investigative demand, they could have gotten a grand jury subpoena and requested the document and asked to come in, but instead they chose the one that they could do that would garner the most attention at the most critical time. that's political. stuart: do you think that they knew very specifically what they wanted and where to find it? >> well, i think they went in as a justification, but remember , under the plain site doctrine which allows an agent when he's lawfully in a residence to grab what he thinks maybe other material or information about other crime. we don't know what was in their head when they went in. we do know, for example, about the safe. they could have t

attorney, brett tolman, how long is it going to take for at least parts of this affidavit, to see thele a 50-50 o shot i think the judge looking balancing between, need for the public to have some of the information, versus you know how legitimate is the department's need to keep confidential for a period of time. and you know is that a difficult balancing act especially in a case like this. dagen: were you surprised the judge ruled this way? >> i am surprised the number of times that i lost when i was representing the united states, was very, very small number. [laughter]. so it is you know department of justice using used to winning not being transparent, that is a historical position that they have grown a lot of confidence in i was encouraged to see it i think important in a case like this, that that search warrant better have goods in it they better be able to justify, that they you know took the lengthy of time they did that they executed the search in the manner they did they have sufficient probable cause to justify everything we have seen unfold. >> is it given the unpreceden

brett tolman, thanks so much. >> thank you. >> brian: all right. meanwhile, check this out.get on a bus, sign a waiver, and then let the -- get out at the port authority in new york city. >> ainsley: this is the second bus this morning that has come in to the port authority from texas. >> steve: it is. of course, famously you have seen over the last couple of months the buses that were shipping migrants courtesy of the state of texas first wound up going to the district of columbia and then the district of yum i can't mayor a few weeks ago was complaining about what was going on and saying that the people on the buses were tricked into getting on and watch these migrants get off. >> brian: look at them. got their little bags. >> steve: this time going to new york city. >> steve: doesn't look like anybody is tricked. happy to be there those are probably city officials. people who are going to try to help process them and try to find a place for them to stay although i was reading in one of the local papers this morning that apparently people at some of the other shelters who