catherine herridge live on the hill. catherine? >> thanks. in the last few minutes, we have obtained the resignation letter sent by attorney general jeff sessions to the white house after the president resignation this morning. it reads "at your request i'm submitting my resignation. since the day i was honored to be sworn in as attorney general, i came to work every day to do my duty and serve my country. i've done so to the best of my ability, working to support the fundamental processes that are the foundation of justice." he continues "most importantly in my time as attorney general, we have restored and upheld the rule of law, a glorious tradition that each of us has the responsibility to safeguard. we have operated with integrity and lawfully and aggressively advanced the policy agenda of this administration. i've been honored to serve as attorney general and worked to implement the law enforcement agenda based on the rule of law to form a central part of your campaign for the presidency. thank you for the opportunity, mr. president." m

here is chief intelligence correspondent catherine herridg catherine herridge. >> the state of marylandchallenging matt whitaker's appointment is acting attorney general. the legal challenge comes as part of an existing obamacare related lawsuit. "the appointment of what occurs acting attorney general instead of deputy attorney general rosenstein violates the attorney general succession act as well as the appointments wads of the constitution." at a lesser divided over whether president trump has the authority to appoint whitaker as a principal officer who is not senate confirmed. >> yes, within certain limits. however, the question is whether he also qualifies under the constitution and that's a much closer call. >> the justice department is going to take action that affects maryland, it's got to be done in a constitutionally proper way. they don't get to pick who the attorney general's. >> no question the president ad department of justice has confidence in matt whitaker. >> the administration says it's proper. >> he has a full and legal authority under the vacancy reform act of 1998

our very own catherine herridge caught up with matt occur today. tonight's power panel is here after the break. dave, molly, jason. we will dig into the president's tweet storm on mueller today. -computer, order pizza. -of course, daniel. -fridge, weather. -clear skies and 75. -trash can, turn on the tv. -my pleasure. -ice dispenser, find me a dog sitter. -okay. -and make ice. -pizza delivered. -what's happened to my son? -i think that's just what people are like now. i mean, with progressive, you can quote your insurance on just about any device. even on social media. he'll be fine. -[ laughs ] -will he? -i don't know. on the new sleep number 360 smart bed. it senses your movement and automatically adjusts to keep you both comfortable. and now, the queen sleep number 360 c4 smart bed is only $1299. plus 24-month financing on all beds. ends sunday. >> shannon: outgoing g.o.p. senator jeff flake and his boycott of the president's judicial nominees. catherine herridge has more from whitaker tonight. >> the fox news crew caught up with matt whitaker h

live from washington on this and much more, fox news chief intelligence correspondent, our own catherine herridgeounds like we might be getting to the end. catherine? >> good evening. two sources familiar with the discussions told fox tonight that the written answers are being finalized and could be submitted to the special counseh robert mueller and his team as early as the end of the week. contacted by fox, they had no comment. they reported the president's legal team was preparing written response about alleged coordinationon with russia durig the 2016 campaign and not obstruction of justice over the president's may 2017 firing of fbi director james comey. the president's legal team considers those questions infringe on the president's constitutional power to hire and fire. attorneys at capitol hill earlier today, democrats also ramped up attacks on matthew whitaker, the acting attorney general. with this in a judiciary committee's ranking democrat, dianne feinstein, calling for emergency hearings with whitaker and former attorney general jeff sessions. the committee's republican chairman,en w

election, and, of course, poor jim acosta, fox news chief intelligence correspondent, report from catherine herridgeat is going on, catherine? house chief of staff john kelly asked attorney general jeff sessions to resign, and the news was public after the president's news conference. whitaker is well-liked by the president,th not seen as an fbir justice department insider who came up through the ranks with special counsel robert mueller, deputy attorney general rod rosenstein, and others. whitaker, who was sessions' chief of staff at the doj, ithe it is now rosenstein spas, already under scrutiny tonight for tweets, an op-ed he wrote last year about a redline special counsel mueller should not cross, "it does not take aut federalr even a former prosecutor like myself to conclude that investigating donald trump's finances or his family's finances fallsut completely outside of the realm of his 2016 campaign and goes beyond the scope of the appointment of the special counsel." behind the scenes, whitaker was described to fox news as a quiet advocate for the declassification of the russia records, whic

catherine herridge reporting live from washington. >> shep, a draft statement by prepared by michael cohen's lawyers. based on the new timeline provided by cohen, negotiations with moscow continued into the presidential campaign and during the same month of the controversial june 2015 trump tower meeting. trump told congress the proposal was under consideration at the trump organization from december 2015 until the end of january 2016. he told the court this morning, as you noted, it lasted another five months. he told congress, i never considered asking to travel to russia in connection with this proposal. mr. trump was never in contact with anyone other than me on two occasions. cohen told the court today discussions were more extensive. what we don't know is the extend of cohen's cooperation and whether it extends beyond the moscow real estate project. reports suggest it may. >> shepard: fox news obtained an e-mail between michael cohen and the russian american business developer very close to vladimir putin. >> these e-mails are from felix sader, a developer with strong ties to p

i think you should go back to january to the reporter on fox catherine herridge talks about a letter i don't even remember it but it specifically talks about this deal. this deal was very public everybody knows about this deal i was not trying to hide anything. okay? [inaudible conversations] . >> we will talk about it but we have a lot of things to do we are going in for a summit. >> what is your sense of a trade deal with china? . >> i think we are very close to doing something with china but i don't know if i want to do it because what we have right now are billions of dollars coming into the united states in the form of tariffs and taxes. so i really don't know but i will tell you that i think china wants to make a deal i'm hoping to make a deal frankly i like the deal that we have right now. i probably will meet with president putin we have to set up the meeting i was thinking about it i think it's a good time to have the meeting. i'm getting the full report on the plane and that will determine what happens . . . . [inaudible] with respect to paul manafort, it's very sad what's

>> shannon: catherine herridge, thank you very much. so, the justice department says the president's decision to choose matthew whitaker to temporarily head up the doj is a legitimate move, even though whitaker has not been sent confirmed for this. it is only getting more aggressive. in joining me, republican senator from wyoming, who chairs the senate republican policy committee. good to have you with us today. >> good to be with you. >> shannon: a number of things, the scotus ruling, past presidential action by the president, including barack obama on this front. the woman who we likely believe will be the next house speaker, again, nancy pelosi, said today that whitaker is obviously unfit, those are her words. the presidents action is extremely -- on externally dubious legal ground, the president dodging the senate confirmation process. solely to obstruct the mueller investigation. your take? >> i think it is a legitimate, temporary appointment. he is going to be that way, i've heard of number of names floated to be the attorney gene

our chief intelligence correspondent catherine herridge is live in washington. >> thanks, shep.and security secretary nielsen says it is fluid, but no evidence of cyber breach that would change the outcome. >> i can say the 2018 elections will be the most secure election in the modern era. we have no indication of compromise to the nation's infrastructure that would prevent voting, change counts or distrust the ability totally votes. >> unlimited number of tweets wrongly telling people to vote tomorrow, instead of today, nielsen would not say if it is mischief, indicated be smart consumers and know if the source of their information is credible. on scanning of voting systems, really like probing for weaknesses, nielsen and her deputy said no uptick in activity. >> unfortunately, we see tremendous amount of activity related to scanning, critical infrastructure sector across the nation everyday. >> it's not increase over baseline, just an increase in state and local partners giving us what they are seeing, not necessarily uptick, they are sharing for with us when previously they d

he said it would set a terrible and dangerous precedent, shep. >> shepard: catherine herridge. a lot of praising of julian assange. >> yes, he did. after the election, mike pompeo accused wikileaks of high crimes including espionage. >> wikileaks walks like a hostile intelligence service and talks like a hostile intelligence service and encouraged their followers to get jobs at the cia and give away intelligence. it's time to call them what they are. a hostile intelligence service. >> earlier tomorrow, a cnn contributor, highlighted the apparent conflict. >> you have a candidate for the president of the united states calling for the assistance, using the information from, praising an institution that the man he chooses to be his cia chief, calls a hostile intelligence service. >> we know through our john going reporting that the obama administration considered charges but was cautious about assange and whether wikileaks qualified as a news organization but worth noting the trump administration has taken a much more aggressive tone and it does appear now that they filed charges

be republican's last chance to get foundation evidence in congressional record, ashley. >> catherine herridge thank you. >> and our first guest to talk about clinton, state of the mueller witch-hunt and more, sarah carter, investigative reporter fox business contributor, so much to go on. let's beginning with clinton foundation probe. what has attorney john huber been up to, close to a year now why has it been drug out. >> i think that is a question that quite a few people had for some time, they will look at, i think congress is very ad adamat what has huber been doing, has he looked in financial aspects of the foundation, the donations to the found doing -- found doing, and whether or not they misspend the funds, i know there will witnesses testifying beyond huber at this hearing, or ast at least we'll hear about them, this is new information this surfaced after huber was appointed this is not based on anything previous. that is significant right now. >> it is, we would love to hear it move to mueller probe. okay, president got his homework, he did -- he answered his questions, probably eas

our correspondent catherine herridge reports. >> reporter: it allows the president to make a temporaryointment. >> no question the president and the department of justice leadership has confidence in matt whitaker. he has a full and legal authority under the vacancy reform act of 1998 where senior who's been -- where someone that's been a senior official can act as attorney general. >> reporter: they're looking at whether he had the authority to make the department because whitaker was called a senior or principle officer. >> yes, within certain limits. however, the question is whether he also qualifies under the constitution. that's a closer call. >> whenever you get something not settled you'll always have this run of unintended consequences from it. >> reporter: and this morning the state of maryland filed these court papers challenging whitaker's appointment as acting attorney general. the legal challenge comes as part of an existing obama care related lawsuit and here's the key quote, the appointment of whitaker as acting attorney general instead of deputy attorney general rosenst

fox news chief intelligence correspondent catherine herridge joining us tonight. she has the story. catherine? reporter: thanks, lou, and good evening, jeff sessions left the justice department a short time ago. you will see the blog from justice department employees, and if you look closely, you will see sessions shaking the hands of matt whitaker, former chief of staff who is now the acting attorney general. source close to the white house tells fox news, whitaker, a republican and former u.s. attorney is well liked by the president not seen as fbi or d.o.j. insider who came up through the ranks of special counsel robert mueller. deputy attorney general rod rosenstein. that's whitaker right there. very tall gentleman. former fbi director james comey and current fbi director christopher wray. justice department providing a letter that thanks the president for the opportunity to serve and highlights what sessions described as his accomplishments to fulfill the trump agenda, citing more aggressive immigration enforcement as well as cracking down on violent offenders. whitaker is comin

we're going to hear from senator tom tillis but first coverage, catherine herridge surrounded the molar investigation but we go to late-breaking developments on all those key undecided midterm races and changing numbers. >> these numbers in arizona are updating almost every hour. 8:00 p.m. out there and there are still nearly half a million ballots to be counted. the lead keeps shifting between martha mcsally and kyrsten sinema. with one fourth of the boat is still out, kyrsten sinema up by about 9,000 votes. the lawyers, maybe even the guys with magnifying glasses, more on that in a minute. mick sally tweeted this picture this morning, woke up this morning dreading a long and painful process, i've been here before and now i'm here again in case you can't tell, she's in the dentist chair. we feel your pain. she has also been in close elections before, she won her first by 167 votes. it's not that close in florida yet. here is the race board for senate race. the sitting governor and sitting senator, less than a quarter percent between the two, 17,000 votes and that number keeps narrowing

. >> harris: catherine herridge with the news from washington. catherine? >> house and senate democrats are using whitaker's appointment to mobilize. ordering the retention of records about the russian special counsel probe and the resignation of jeff sessions. the current house minority leader said that shake up the justice department or alleged shake-up is about derailing the russia probe. >> the primary purpose is to interfere with the timing of the mueller investigation, in terms of taking the house. >> we had a rally last night in baltimore, center stage with democrat elijah cummings who is presumed to be the next democratic chairman of the house oversight committee. the justice department changes he says are about protecting president trump and his inner circle. >> it appears that the president has taken it upon himself to decide who will investigate him, who will be the person that submits information to the congress. >> a little more about the president's comments on the lawn, he brushed off criticism of of making a point, he brushed aside previous

chief intelligence correspondence catherine herridge is live in washington. >> the ethics review has taken place for the acting attorney general over whether his past contacts, business relationships or press statements present a conflict requiring his recusal from the russia probe. critics today are highlights his july 2017 interview about cutting funding for robert mueller if his boss, jeff sessions, was out. >> i can see a scenario where jeff sessions is replaced and that attorney general doesn't fire bob mueller but reduces the budget so low that his investigation grinds to an absolute halt. >> when the president asking for session's resignation, this video that occurred there with the red tie shaking the attorney general sessions hand as he departs, whitaker takes over his job, session's job as well as the russia special counsel investigation. sessions march 2017 recusal as you know from the russian probe drove a wedge between himself and the president. the counsel to the president said the justice department's shakeup is not about disruption. >> i think it's very commendable an

chief intelligence correspondent catherine herridge tells us what she is hearing. >> why don't you give back the money? >> on the campaign trail, candidate trump had harsh words for the clinton foundation. >> it's a criminal enterprise. saudi arabia giving $25 million, qatar, all these countries. >> writing to congress last spring, jeff sessions tapped a utah federal prosecutor to prove the foundation was, tens of millions of dollars from foreign interests. while clinton was secretary of state. the foundation set up by clinton and her husband has consistently denied wrongdoing, house republicans are now calling for hubert to testify about his findings. in a phone interview, congressman mark meadows said the hearing will be public. >> on december 5, the subcommittee on government operations will be holding a hearing where we will request mr. uber or his deputy to come in and testify along with a couple whistle-blowers potentially based on previous conversations with the departmet of justice. weeks ago. they had indicated that mr. hubert was making good progress. >> saying that congressio

to the intelligence of correspondent catherine herridge joins us with more. >> thank you, and good eveningthe special counsel has until next week to explain why the plea fell apart as more legal action is threatened. paul manafort's legal team arrived in washington for the short hearing were special prosecutor andrew weissmann indicated more criminal charges are under consideration including offenses that paul manafort admitted to but was never charged with pit his lawyers say that the special counsel is using pressure tactics and the plea deal broke down because mueller's team once information that the client cannot provide, a tentative sentencing is now scheduled for march. >> mr. cohen has cooperated. >> after pleading guilty, the 2017 senate testimony about the moscow real estate proposal is underscored in t. michael cohen briefed the family, the president's son said that he knew "very little about the deal, adding that it faded away at the end of 14." that timeline appears to conflict with michael cohen who said that discussions continued until june 2016. in a russian foreign real est

catherine herridge is on the story for us right here in washington, d.c. in your town. >> sources told fox news that written answers are being finalized and are being submitted as early as the end of this week. contacted by fox, the president's lawyer with no immediate content. allege coordination with russia during the 2016 campaign and not obstruction of justice as you mentioned over the presidents firing of fbi director james comey. the president's legal team considers those questions infringe on the president's constitutional power to hire and fire. the justice department released a 20 page legal opinion backing trumps appointment of matt whitaker. a key issue goes to senate confirmation and the department of legal counsel provides legal guidance to -- all three branches of government have long recognized the president may designate an acting official to perform the duties of a vacant principal office, including a cabinet office, even when the acting official has not been confirmed. another key issue, whether the justice department's own succession sta

the chief intelligence correspondent catherine herridge reporting live from washington. >> thanks, shep. federal judge amy jackson has ordered a status hearing for this matter in washington d.c. we understand robert mueller and manafort's attorneys have asked the judge to proceed towards setting a sentencing date. lawyers for president trump and map ford have a jda that allows them to share information. fox news has learned that mueller's investigators have pushed manafort for information about the june 2016 meeting with russians at trump tower and whether candidate trump knew in advance. fox news has told special prosecutors have pressed manafort on the president's son-in-law, jared kushner. but according to his e-mails left early. a senior democrat is reacting. >> manafort is clearly putting all of his eggs in the trump pardon basket. he's gambling and it's a big gamble that trump will pardon him. he's playing both sides. he's completely untrustworthy. he's a chronic and pathological liar. his testimony probably would have been worthless anyway. >> those close to manafort's defense si

catherine herridge reporting live from washington. >> new information from inside the federal court heree for sentencing of march 5. paul manafort's legal team arrived at the courthouse without speaking to reporters. the special counsel have until december 7 to explain allegations that the plea deal fell apart because manafort lied and didn't fully cooperate. andrew wiseman said they're considering more charges against manafort. manafort's team accuses the special counsel of pressure tactics and wanting information that their client doesn't have or cannot provide. fox news has learned that investigators pressed manafort on the june 2016 trump power meeting and specifically the involvement of the president's son-in-law, jared kushner that trump tower meeting is back in focus with the michael cohen plea. cohen acknowledged negotiations over the moscow real estate project were happening at the same time as the trump tower meeting. there's no public evidence of a connection at this time, shep. >> shepard: catherine, we're watching another hearing in washington. this time it involves james co

first let's go to chief intelligence correspondent catherine herridge on the latest twist in the mueller probe. >> shannon, knew reaction tonight to a possible pardon from the senior democrat on the senate intelligence committee. mark warner tweeting "this will be a blatant and unacceptable abuse of power" after the president lashed out at the special counsel. bring during an interview, president trump said he is not ruled out a pardon for paul manafort. "it was never discussed but i would never take it off the table. why what i take it off table?" manafort, stone, and jerome corsi were pressured to live. >> this flipping stuff is terrible. the prosecutors will tell you 99% of the time they can get people to flip. it's rare that they can't. on the senate floor, built to protect robert mueller's investigation was blocked after democrats and one republican miller case. >> we have already seen the forced resignation of the attorney general a day after the election. it's clear therefore that something has to be done to protect mr. mueller's investigation. speak of the president's legal team

chief intelligence correspondent catherine herridge with the news from washington. catherine? >> think you, harass, and good afternoon. this draft prepared by the attorneys for congress in 2017 is at the heart of the guilty plea this morning by michael cohen about this moscow real estate proposal that never went through. as cohen left a new york court this morning he did not stop to take reported questions about the apparent conflict. in the draft for congress in 2017, cohen said negotiations over the trump-moscow project ended in january of 2016. they told a new york court today it was, in fact, five months later in june of 2016. in the draft, cohen's of the discussion about traveling to moscow was limited and it was never raised with then-candidate trump. but cohen told the new york court the discussions were, in fact, more extensive. on capitol hill a short time ago, the chairman and the ranking member of the senate intelligence committee -- that committee matters because they got the testimony from cohen in the first place. they reacted to the plea. >> i'm not going to com

let's go to chief intelligent correspondent catherine herridge in washington. catherine cust and hey, harris. earlier today we -- but tell mike about the moscow project, this is that the heart of today's court action where he said he lied to the skiers about the moscow proposal. as he left a new york court yesterday, he did not stop to take reporters 'questions in the drafter congress. he said negotiations over the moscow project ended in january of 2016, but he told the new york court today it was in fact in june of 2016. in the draft, cohen said discussions of attempted travel to moscow was limited, that he never discussed it with then-candidate term, but he told the new york court today that the discussions were more extensive. a short time ago on capitol hill, the chairman in the ranking democrat of the senate intelligence committee who got this testimony from cohen in the first place reacte reacted. >> i'm not going to comment upon that. commentary of this individual, we have kept that confidential. obviously mr. cohen was one of the witnesses that we alway

chief intelligence correspondent catherine herridge is here with that part of the story. good evening, catherine. >> shannon, the president's lawyer rudy giuliani confirmed to foxed tonight the special counsel asked about the moscow real estate proposal and there is "no contradiction between the president's written answers for mueller and cohen, whose congressional testimony pave the way for today's plea. when the president's former personal attorney testify behind closed doors to the senate intelligence committee last year, he also provided a two-page written summary about a moscow real estate project. according to a draft obtained by fox, cohen told congressional investigators the proposal was under consideration at the trump organization from september 2015 until the end of january 2016. cohen told the new york court the discussions lasted another five months. cohen continued "i never considered asking mr. trump to travel to russia in connection with this proposal. to the best of my knowledge, mr. trump was never in contact with anyone about this proposal other than me

>> mike: catherine herridge in washington. thank you.next, it is never too early to start talking about the 2020 presidential campaign. we will look at the democratic field when we come back. first, here's what some of our fox affiliates around the country are covering tonight. fox 5 in san diego with the passing of the oldest u.s. military survivor of the attack on pearl harbor. he died in his sleep wednesday. he had visited washington back in may where he was honored by president trump during memorial day services. he was 106. fox 5 in new york, frigid temperatures and blustery winds buffeted by standards at the macy's thanksgiving day parade. the giant balloons were able to take off on one of the coldest thanksgivings in the city and decades. it was 21 degrees at the start of the parade. this is a life look at a much warmer in orlando from fox 35. one of the big stories there, across the country tonight, shoppers getting a jump-start on those black friday sales. many stores are open right now. don't go yet. wait for the show to end. t

i'm going to catherine herridge. you have the letter? >> reporter: i have the letter. single page.ove tails with what we learned earlier today, that the president requested the resignation of the attorney general jeff sessions. i'm going to read it to you. at your q i am submitting my resignation, the attorney general writes. since the day i was honored to be sworn in as attorney general of the united states, i came to work at the department of justice every day, determined to do my duty and serve my country. i have done so to the best of my ability, working to support the legal processes that are the foundation of justice. he continues, embraced your director. we prosecuted the largest number of violent offenders and tkflts in our country's history. we did our part to restore immigration enforcement. we targeted the opioid epidemic by prosecuting doctors, pharmacists and anyone else who contributes to this crisis. we have seen results. after two years of rising violent crime, those trends have reversed thanks to the hard work of our prosecutors and law enforcement around the count

. >> harris: catherine herridge live in washington with mark, catherine? >> senior house and senate democrats sending out a press release confirming that preservation letters went to the administration, intelligence agencies and fbi for all records as well as the resignation of attorney general jeff sessions. the cable networks took aim at the new acting attorney general matt whitaker. >> we can insist that the documents be preserved in this transition and also demand their refusal of mr. whitaker who has demonstrated a pretty clear conflict of interest. we may have been a lot more powerless in the past but that's not the case now, this is a new time for the president. >> 24 hours after his appointment, democrats highlighted whitaker's past statements about cutting off special counsel robert mueller's funding. >> i can see a scenario where jeff sessions is replaced and that attorney general doesn't fire bob mueller but he reduces the budget so low that his investigation grinds to a halt. >> attorney general whitaker is on the job this morning on the califo

catherine herridge is live in washington. so catherine, i used to work at the justice department in the communications office. how did we finds out this is happening? >> in this case field in virginia on august 8, that's where the disclosure was made. a counter terrorism researcher at george washington university was first to stumble across two references to julian assange about the need to keep an indictment secret due to the sophistication of the defendant and the publicity, no other procedure is likely to keep confidential the fact that assange has been charged. the proposed order would need to be remain sealed until assange is arrested. he remains in london where he's unable to leave for fear of arrest or extradition. it's not clear about the charges under seal. wikileaks has been under scrutiny seasons 2010 with 750,000 classified cables and the release of dnc and clinton e-mails during the 2016 election. >> mike pompeo accused wikileaks of high crimes including espionage >> wikileaks walks and talks like a hostile intell

live from washington on this and much more, fox news chief intelligence correspondent, our own catherine herridge sounds like we might be getting to the end. two sources familiar with the discussions told fox tonight that the written answers are being finalized and could be submitted to the special counsel robert moeller and his team. they reported the president's legal team was preparing written response about alleged coordination with russia during the 2016 campaign account and not obstruction of justice over the president's may 2017 firing of fbi director james comey. and reporting to capitol hill, democrats also ramped up attacks on matthew whitaker. with the senate judiciary committee's ranking democrat dianne feinstein calling for emergency hearings with whitaker and attorney general jeff sessions. and that was according to ethics reviews. >> that's going to answer that question. >> as long as he made them a private citizen, no. the legal counsel plans to issue an opinion defending the whitaker appointment and pushing back strongly against a legal analysis and the appointment is constitutio

catherine herridge is live in washington. catherine?econd source that confirmed that written answers are being finalized and could be submitted to robert mueller and his team as early as the end of this week. contacted by fox, the president's lawyers had no immediate comment on the development. we understand the legal team has been preparing written responses about alleged coordination with russia with the 2016 campaign and the obstruction of justice over firing of james comey. the president's legal team considers those questions infringing on the president's constitutional power to hire and fire. the justice department office of legal counsel released their opinion today finding the acting attorney general appointment proper. republicans and democrats on the hill addressed the impact on the mueller probe. >> we know how the president feels about the mueller investigation but he's never said he wants to shut it down. i've never heard anybody down there say they want to shut it down. i think it's no danger so i don't think any legislatio

used against them in the course of their dealings with the special counsel. >> bill: thank you catherine herridges go to our headliner andrew mccarthy former assistant u.s. attorney. you were listening to catherine's report there. start first with paul manafort and where all this goes based on what we're learning today. >> sandra, what i get from all of this -- and i'm coming at this as somebody who has known and respected bob mueller and a number of the people on his staff who are very able lawyers. so i want to give this thing the benefit of the doubt. they were asked to look at -- get to the bottom of what russia did to interfere with the election, which is a worthy cause. but that's camouflage, it seems to me, for what has become a clown show. look, let's assume just for the moment on the last thing that catherine herridge was talking about that they got their big wish, right? jerry corsi has a contact in wikileaks and he gets information from them, he gives it to roger stone, who gives it to president trump. let's assume all that happened even though they don't have facts that established th

in new york, catherine herridge, fox news. >> a lot of details coming out about that suspect in thatt the florida yoga studio yesterday. investigators are trying to work to up could have the-- to uncover the motive. arthel: we're three days away from the latest elections. the latest poll numbers are out. we will have that next. 'cause that's no ordinary family. that's your family. which is why you didn't grab just any cheese. you picked up new kraft expertly paired cheddar and swiss for eggs. beat that! kraft. family greatly. . . . . . the best simple salad ever? heart-healthy california walnuts. the best simple pasta ever? california walnuts. the best simple dinner ever? great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at walnuts.org. ♪ eric: these days and counting for crucial midterm elections on tuesday. sofar more than 29 million americans already voted. the surge in early voting now suggesting they say, a higher overall turnout for the midterms compared to 2014. jeff paul, live in los angeles with the details. what all this early voting means

catherine herridge, more information from washington. catherine, what do you have? on capitol hill back in september of 2017 when michael cohen testified behind closed doors to the senate intelligence committee. this is one of the situations where i always like to go back to the documents. just before that closed her testimony, he issued what was a two-page statement. i just want to draw your attention to one specific detail that deals with this trump project in moscow. it reads in part -- this is from cohen. "i suspect we will discuss the rejected proposition to build a trump tower in moscow, occurred before the iowa caucus and months before the very first primary. this was solely a real estate deal and nothing more. if i was doing my job. i would ask about a two-page statement that i sent to the committee in august, to this transcript. so this is key here. we have at least two key sets of records that relate to this proposal in moscow. one is the written statement that referenced two-page summary of the proposal that was sent to the committee. i am not aware that

chief correspondent catherine herridge tells of how matt whitaker's supporters are fighting back. >> the democrats would like to talk about yet another attorney general for recusing himself. >> today republicans pushed back at the democrats formally asked the justice department's ethics advised acting attorney general matt whitaker to recuse from supervision of the special counsel investigation. democrats who soon to control of key house committees allege that what occurs past media appearances smack of anti-mueller bias. >> he said the investigation shouldn't go forward. >> kellyanne conway insisted that whitaker's old comments are all news. >> if you talk about matt whitaker's statements as a private season a year and a half ago when the mueller investigation first started, i don't think that this qualifies somebody for being the chief law enforcement officer at the department of justice. >> the republican chairman of the house intelligence committee where investigators expose the dnc clinton campaign founded trump dossier and allege surveillance of the trump campaign -- >> we are

catherine herridge with the story from washington. >> during an oval office interview president trump told the new york post that he's no not ruled out a pardon for former campaign chairman manafort. quote, it was never discussed but i wouldn't take it off of the table. why would i take it off of the table, the president said. he acknowledged that manafort, rogerstonroger stone and his ase were pressured to lie. you flip and you lie and you gel you 99 pshes of the tim 99% of t people to flip. it's rare that they can't. on the senate floor, a bill to protect robert mueller's investigation was blocked after democrats and one republican made their case. >> we've seen the forced resignation of the attorney general a day after the election. it's clear, therefore, that has has to be done to protect mr. mueller's investigation. >> this is about the legislative branch asserting a common sense check and balance on presidential overreach. >> the floor action seemed symbolic after the majority leader made his objections known on tuesday. >> this is a solution in search of a problem. the property

new questions tonight about that opponent, catherine herridge tells us where things stand right now. eagle according to federal trade commission records and the 2014 media release, acting attorney general matt whitaker on the advisory board find by the ftc. quotes which occur saying, as a former u.s. attorney, i would only align myself with a first-class organization but will impact marketing goes beyond making a statement about doing business ethically and translates them into action. an ftc investigation found that the company "allegedly built millions from consumers and suppressed criticism." >> he was very, very highly thought of and still is highly thought of. >> president trump defended whitaker's credentials. >> anybody who works for me, they do a number on them. >> seemed to distance himself from whitaker. >> in all fairness to matt whitaker, who again, i didn't know, other than through reputation. >> i can tell you that matt whitaker is a great guy. i know matt whitaker. >> the justice department shake-up goes beyond derailing the special counsel. >> the primary purpose is t

efrain reported here on the fox news channel, catherine herridge reporting either doj official brucehr or glenn simpson likely lied due to their contradictory testimony. the dossier from christopher steele, and only did he steal he lied in length and was fired by the fbi. guess what? he was working still with bruce or, the fourth most powerful guy and now we have notes that show that he was trying to be bruce ohr and his wife, they're trying to feed information to robert mueller. meanwhile, he doesn't even stand by his own dossier. in an interrogatory in great britain. let's go to the videotape. he lied under oath about national surveillance programs. so to john brennan. he also lied under oath about leaking. james comey lied under orth. his second-in-command, andrew mccabe. he was actually fired because of his pattern of lying. where are the federal cases against these liars? against these people. they lied to congress. instead, we are pushing for charges, we are firing colby and he defended it. he said, i lied. you can still be a good person if you live. well, less of are republica

chief intelligence correspondent catherine herridge is here to tell us where things stand tonight. >> within the last hour come the president's legal team issued a brief statement confirming the president's written responses are now a special counsel robert mueller. the firing of fbi director james comey as any obstruction investigation, it has been our position that much of what has been asked raids serious constitutional issues and was beyond the scope of legitimate inquiry. this remains our position today. the president has provided unprecedented cooperation. 30 witnesses and now the presidents written responses. >> bret: democrats unleashed another assault on his choice to lead the justice department tell us about that. >> democrats launched a third front and the assault on the legitimacy of matt whitaker. schumer released a memo to investigate unlawful contact prior to the appointment between acting attorney general matt whitaker, and president trump as well as white house chief of staff john kelly. mr. whitaker was seen by officials as a white house spy and known as the west win

january, iti think was just reported very january,t was just reported very well by catherine herridgeific reporter on fox. she talked about a letter he signed. it specifically talked about this deal. this deal was a public deal. everybody knows about this deal. i was not trying to hide anything. [indiscernible] president trump: i cannot understand you. palestine. we will talkmp: about it but we have a lot of things to talk about. what is your sense about a trade deal with china? think we aremp: i very close to doing something with china but i do not know i want to do it has what we have right now is billions and billions of dollars coming into the united states in the form of tariffs or taxes. i really do not know. i will tell you that, i think china wants to make a deal and i am hoping to make a deal. frankly, i like the deal we have right now. >> are you going to meet with the primus to her? -- prime minister? president trump: i will probably meet with vladimir putin, they would like to have it and i think it is a good time. i am getting a full report on the airplane about what happ

catherine herridge reporting live. >> a source confirms to fox news that the president wanted the justice department to pursue hillary clinton over the mishandling of classified information as swell as the clinton foundation. there's a mixed legal assessment over whether or not legal lines were crossed. >> it would have triggered i think a significant reaction in the congress and in the country. that's more important. in the country. as a result, i would hope he would have been in those notions to tray to retaliate against political foes. >> this is blown way out of proportion. there's no abuse of power contrary to when nixon set these investigations on his enemy. >> don mcgahn who was at the center of the reporting saying that mr. mcgahn will not comment on his legal advice. the president is entitled to confidentiality. mr. mcgahn said the president never to his knowledge order that anyone prosecute hillary clinton or james comey. shep? >> shepard: i reported earlier that president trump's lawyers said he turned in his written answers to the questions from mueller. >> that's right. the p

catherine herridge's live in washington, i'm so curious why maryland wants to do the president's jobfilling a role. >> the state of maryland filed these court papers challenging whitaker's appointment as acting attorney general. the legal challenge comes as part of an existing obamacare related lawsuit. the state says that rod rosenstein should be the acting attorney general and that rosenstein is a senate confirmed. on capitol hill, dianne feinstein, ranking democrat on the senate judiciary committee called for an emergency hearing with whitaker and jeff sessions. she does not have the power to schedule the hearing and must rely on the committee's republican chairman chuck grassley. a short time ago, grassley says he has no problem with whitaker's negative comments about the special counsel as long as they remain as a private citizen, adding whitaker is undergoing an ethics review as democrats continue to rail against the appointment. >> no matter what the trump justice department says, there is no justification for this appointment. >> whitaker is going to ask the ethics people whe

chief intelligence correspondent catherine herridge joins us from washington >> the lawyers for the president's former campaign chairman paul manafort and special counsel scair off in court in a half hour. the special counsel alleges the plea deal fell apart because they say manafort lied and didn't fully cooperate. his team says the special counsel wants information that he simply does not have and cannot provide. fox news understands that special counsel investigators pressed manafort on the june 2016 trump tower meeting with russians who promised dirt on then candidate hillary clinton and the involvement of the president's son-in-law, jared kushner. according to emails he abandoned the meeting early and had no interest in the russians. the president on manafort yesterday. >> president trump: it's very sad what has happened to paul the way he is being treated. i've never seen anybody treated so poorly. the question was asked by the "new york post" and i said i haven't offered any pardons. i think they asked or whatever would you? i said i'm not taking anything off the table. >> on capitol hil

catherine herridge looks at his -- >> the legal challenge comes as part of an existing obamacare related lawsuit, the appointment of that would occur violates the attorney general's ascension act, as well as as well as the annulments clause of the united states constitution. argued over whether president trump has the ability to appoint whitaker as a principal officer who is not senate confirmed. >> yes, within certain limits. the question is if he also qualifies under the constitution. that's a much closer call. the justice department is going to take action that affects maryland, it's got to be done in a constitutionally dependent way. they don't get to pick who the attorney general is. >> the administration says the appointment is proper. >> he has the full and legal authority under the vacancy reform act of 1998, where it someone who has been a senior official as well who has been there for more than 90 days can serve as acting attorney general. >> returning to capitol hill, democrats ramped up the attacks. >> no significant actions under whitaker's authority should be taken up under