here to discuss sessions' recusal and the resulting special counsel witch hunt is jonathan turley. also tonight, wrush announcing it will expel 60u.s. diplomats and close the consulate in st. petersburg in retaliation for the president's decision to expel 60 russian diplomats earlier this week. our top story. president trump unleashed going with his gut and leaving the gop behind. the president escaping the swamp to give a rally-like speech to union builders in ohio. the president covered a wide range of topics including the wall and republicans' prospects in the upcoming mid-terms. reporter: in expelling 60 russian diplomats, the u.s. joined governments across the globe in punishing the kremlin for a nerve attack of a former spy on british soil. >> we think this is not just an important message to send to the russian government, but it's also, you know, significant in degrading their intelligence capabilities around the world, not just in the united states. reporter: more than a dozen european countries, ukraine and canada all took action, affecting 100 individuals in the biggest

barbara mcquaid and jonathan turley, thank you both so much.t. >>> so there may be a confrontation between the executive branch and the judicial branch if the president decides he is not going to comply with a subpoena or decides he won't sit with bob mueller or even if the supreme court ultimately rules on whether the president can be indicted or not. with your book as the background, this question as the background, talk about how the courts, the federal courts, have responded to the threats from this president and how if you believe like i do that they really held the line, whether they were appointed by republican or democrat being presidents? >> are so the courare so the co heroic under all presidents in insisting on fidelity to the law. so there is a little case about protecting the children against lead paint where the trump administration didn't go forward with regulatory activity. and the court is said no, sir, look at the law. and in cases that involve things involving national security, whether the decisions are right or wrong and so

jonathan turley says the shakeup could signal a change in the trump legal strategy.new op-ed, the combination of dowd's resignation and the addition of joseph digenova is takening a sign of a more combative approach by the white house. jonathan turley joins me now. always good to see you. thank you for being here tonight. it's interesting. i'm looking at the parallels of the conversation i just had with john bolton and the changes in the legal team. you used the words full contact. the president is entering into a full contact phase of this with the people he's bringing on board and perhaps the same can be said of his advisers at the white house as well. >> that's right. i think there's an analogy to the lack of communication. a cool hand luke of a failure to communication. there was the failure with dowd. not always necessarily his fault. but he's had these public disconnects where his statements had to be pulled back or recorrected. that reflects a break down in the relationship. the greater concern is whether we'll see a significant change in strategy. dowd -- whi

constitutional law attorney jonathan turley has the answer next. plus, a former new orleans saints cheerleader fighting back after being fired over an instagram post. bailey davis will be here to tell us why she is now accusing the team of discrimination. >> we are both employed by the saints. i think our rules should be the same. ♪ piano music >> vo: they share one planter. and last season, it was a flowering disaster. this year, they're not messing around. miracle-gro guarantees results with rich potting mix that uses ingredients fresh from the forest... and plant food that adds vital nutrition so you'll have three times the blooms. they bask in their success. miracle-gro. three times the beauty. one powerful guarantee. booking a flight doesn't have to be expensive. just go to priceline. it's the best place to book a flight a few days before my trip and still save up to 40%. just tap and go... for the best savings on flights, go to priceline. ♪ ♪ applebee's to go. order online and get $10 off $30. now that's eatin' good in the neighborhood. >> sa

jonathan turley and washington. live now at the hospital in miami where any moment we do expect to get an update on this awful, unbelievable strategy today. you can sit at the right hand verse grade. we'll be right back. he thinks i'm going to see my sister! ♪ ♪ sometimes the confidence to be spontaneous starts with financial stability. once i heard it i was shocked. i just thought, i have to go get it! ♪ ♪ it's our tree! ♪ ♪ see how a personalized financial strategy and access to j.p. morgan investment expertise can help you. chase. make more of what's yours. to j.p...with its high-tech experticameras and radar... ...contemporary cockpit... ...three hundred and sixty degree network of driver-assist technologies... ...and sporty performance... ...what's most impressive about the glc? all depends on your point of view. lease the glc300 for just $449 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing. weeds. nature's boomerang. at roundup®, we know they keep coming back. you never invited t

jonathan turley is a law professor and he draws us tonight. thanks for coming on.t's the greatest of all charges, the federal government potentially spying illegally on american citizens. why only now as us being looked at? >> it's an interesting phenomenon. a lot of people who have rightly criticized those and want to shutdown the the special counsel investigation, those same people often belittle these allegations about what happened in the secret court. it's a dangerous combination to have a secret court that is based on a standard lower than the fourth amendment that is totally secret and insulated from public review. that court is also used for political agenda. we don't know if that's true, but we have worrisome facts that should be looked at. what i think is missing in washington is this sense of balance. both sides should be investigated. these are troubling issues that are raised by both republicans and democrats. what happened today is that we are going to be guaranteed that there will be an independent investigation and horowitz is the perfect guy to do

jonathan turley is a professor at george washington university law school. he joins us now. , i can't recall anything quite like this pension death watch that we are on for this guy mccabe. how do you think it's going to go? >> well, i think the odds are against him for one reason only. it's exceedingly rare for the office of professional responsibility to make this type of recommendation. i think it's probably unprecedented for this particular position, such a high level individual to be fired just literally days if not hours before he retires. so, it's something that is rare and it's going to be difficult for the attorney general to ignore. remember, attorney general sessions, i thought, correctly recused himself when career officers said we think you should. now, career officers are saying we think you should fire mccabe. it's consistent with his earlier position he will be required to carry out the opr recommendation. >> mark: you make a broader point though that the fbi has extraordinary powers over us. if we lie even carelessly and harmlessly and in something that isn't

law professor jonathan turley will explain the legal applications of that brewing scandal in just a minutebut first, to fox chief national correspondent ed henry who's been following this all day. >> initially, democrats like adam schiff laughed off these allegations about fisa abuse, but tonight some of the obama inner circle as well as a former top fbi officials like james comey and andrew mccabe may be sweating a bit because this is heating up now with the justice department inspector general michael horowitz saying he's going to take a close lookh at it. remember, attorney general jeff sessions had said he wanted horowitz to handle this and sessions got a lot of heat from supporters of president trump who said the inspector general would bury this and that this was sessions passing the buck again. this is a sign horowitz is moving full speed ahead on what republican devin nunes first revealed with his memo, laying out how top fbi and justice officials in the obama administration got a warrant from the fisa court to spy on h ex-trump advisor carter page. most importantly, comey, mccabe,

. >> reporter: jonathan turley is a constitutional law professor at george washington university. >> there's a serious problem when you ask congress for money and then circumvent congress when the money is not forthcoming. >> reporter: the spending bill passed by congress last week does contain $1.6 billion for border security, but that money can only be spent building and repairing fences, not walls, melissa caen, kpix5. >>> some students at this bay area high school are accused of sexually harassing the teachers. tonight they're about to learn a big lesson. >> investigators say this fraud suspect had a dirty secret, tonight the alleged sewage scheme in a bay area backyard. >> this self-driving car sl taking action.. after teachers claimed they were sexually harassed. reports: >>> a north bay school district taking action after teachers claim they were sexually harassed. >> kpix5's joe vazquez reports some students are about to learn a lesson. >> reporter: the tams school district in marin is planning on adding a staffer to respond to sexual harassment complaints. they're also about

and jonathan turley, let's go back to you. here we have an example of a high ranking official in the trump campaign telling bob mueller supposedly from what we can gather that he had contact with a russian intel officer in the heat of the presidential campaign. what's the impact? >> well, it obviously doesn't look good and it's something that mueller is rightfully pursuing. it's bothersome when every time we find a new character, like they're a walk on for the pirates. it's like all of these characters are not exactly redeeming and you wonder where they find all these. now, the only defense that the trump team i think would likely raise is that this dealt with a criminal charge in the ukraine, it's not clear they were discussing the campaign. but this russian saturated circle of friends is rather disturbing and obviously mueller has a great deal to work with here. >> and you know, if you go back to let's say -- if you go back to the months in between the election, steve rattner and donald trump's inauguration or you just look

that seems to contradict with comey said to congress here to break it down for us is jonathan turley.n, is there a problem here? [laughter] >> oh, there is definitely a problem. you know, this would seem to contradict what comey said. now, we already know that comey is a leaker, the question is he a serial leaker. because we know that after he was fired he removed his memos which i believe were fbi material at least seven of them and gave them to a friend at columbia law school, some of which, at least the information was leaked to the media. this is an even more serious allegation because it would be occurring when he was director. and it will raise questions of whether comey is not just a leaker but a liar. brian: the thing is you wonder if this book comes out should be labeled fiction or nonfiction. it will be a best seller we know that the president tweeted this out after he saw what was tweeted out by mccabe. he said, wow, watch comey lie under oath to senator grassley when asked have you ever been an anonymous source or known someone else to be an anonymous source? he said stron

it's something jonathan turley said from the very beginning.congresswoman, senator, governor, paying $130,000 -- having a third party pay $130,000 to -- for hush money, are 10, 11, 12 days before an election, i'm sorry, that's negligence per se. you know that person is going down so it's going to be very interesting to see whether bob mueller is reaching out to michael cohen this morning or whether this ends up all in donald trump's lap. here's a clip from the "60 minutes" interview where anderson cooper and stormy daniels talks about the threat she says was made towards her. >> i was in a parking lot going to a fitness class with my infant daughter. i was taking seats facing back fwhards the backse -- in the backseat and guy walked upped on me and said to me "leave trump alone, forget the story." then he leaned around and looked at my daughter and said "a beautiful little girl, it would be a shame something happened to her mom." and then was gone. >> you took it as a direct threat? >> absolutely. i was rattled. i went into the class and my han

jonathan turley, always great to see you. thank you so much. it is being built as the biggest tech merger ever, but some say this is really a hostile takeover. standing over a technology that underpins our most advanced communication networks and you can imagine why that would be problematic for a country and ultimately they could end up in the hands of china. then democrats are celebrating a big blue wave in texas, but wasn't really a washout? chris stirewalt, karl rove, talking about republicans, and democrats, and oprah what she thinks about all of this when we come back. >> have you had any signs at all? >> not one. >> i apologize, god stops by every once in a while. he is a fan. >> is this clear enough? [laughter] ♪ ♪ next chapter ♪ [thud] [screaming & crying] ♪ [screaming & crying] [phone ping] with esurance photo claims, you could have money for repairs within a day... wow! that was really fast. that's insurance for the modern world. esurance. click or call. when this bell rings... ...it starts a chain reaction... ...that's heard through

. >> reporter: jonathan turley is a constitutional law professor at george washington university. thehere is a serious problem when you ask congress for money and then circumvent congress when the money is not forthcoming. >> reporter: but for this idenident, the politics of this tsue are more important than any constitutional debate. remember, this was mr. trump's key campaign promise. ce fact, just today vice president mike pence declared to dcrowd in north dakota that "when it comes to building the llll, we're going to build it all." jeff? >> glor: all right, jericka duncan at the white house. jericka, thank you. sources tell cbs news, it is ckely that facebook's c.e.o. mark zuckerberg will testify before congress about the privacy scandal. a trove of user data may have been improperly used in the 2016 presidential election. more on this now from vladimir duthiers. >> reporter: lawmakers want to per how the personal data of 50 million facebook users ended up mb the hands of cambridge analytica, a british political consultant firm. >> one is expected and has the duty to report u

and in so doing, jonathan turley will tell us why, they probably sunk their defense and probably have now blown apart the nda that he wants to stay in place. >> they're winging it, that's one thing they do. they're ignorant and they're bullies and it all comes together very badly especially in a case pertaining to a woman who hoas a story, who has a rea contract. it's not going to go well i can assure anybody that's concerned about that. >> but first overnight russia's defense ministry released video of what it says is a test of a new icbm. the test was successful. it is reportedly one of the new missiles putin show occasioned in his speech earlier this year. it comes measures against the united states. the expected move comes after the u.s. expelled 60 russian spies in response of the poisoning of an ex- spy and his daughter in the uk. the kremlin is kicking out 60 american diplomats in addition no closing the consulate ordering it shou shut down by tomorrow and that brings us to the new exclusive reporting for nbc news about trth's relationship with russia and vladimir putin. most o

professor jonathan turley thank you for joining us.is swinger is a former assistant deputy director at the fbi. chris, everyone seems to think there's some institutional problem at the bureau these days. how do you fix that? how do you clean it up? is it just three or four bad apples. i think it is on the seventh floor of the building? or if a bigger problem tan that? >> i'm one of the people who thinks that it is a comey inner circle problem that developed during the course of his very short tenure at the fbi. this would have never happened under muller or louie free or william webster or even bill sessions. the way to address this is to brush aside politics. brush aside anything that is distracting and go back to the facts and the precedent. that's what these disciplinary actions are all about. there's ample precedent. i've seen street agents fired for lack of candor, which is really lying, but it is a nice way of saying it. if it is good for street agents, then it should apply to the executive level. assuming the facts are being as

. >> harris: jonathan turley weighed in on this earlier toda today. >> there is definitely a problem,uld seem to contradict what comey said. this is an even more serious, it will raise questions on whether comey is a leaker but a liar. >> harris: that is because mccabe said the director knew, the director said he didn't. >> chris: it sounded like he already knew the answer to that. senator grassley was asking james comey, saying "if you ever directed anyone to do this?" i think comey is going to fall back and say "i didn't direct anyone to do it, i was just aware." >> harris: we have a situation now with mccabe, it's not called lying, it's called deception. >> katie: i would call it lying but legally, james comey who is an attorney would say he was not being completely thorough in his answer but you are absolutely right. a lot of the times the investigators on capitol hill know the answers to the questions are asking which is why you have to tell the truth. it's going to get messy here in a couple of weeks, james comey published his book and we try to reconcile the statements that hav

joining me is jonathan turley.rofessor, this is one of those issues that evidence is our partisan divide. on the right today, mccabe's firing is being celebrated on the left condemned. i need you to be an honest broker. was it justified, this firing? >> well, it was justified in the sense that it was -- these were career officials at the office of professional responsibility that made this recommendation which is exceedingly rare. in fact, it's unprecedented for someone in this position. these are not political appointees. the opr quite frankly is not viewed as a particularly aggressive office so all of that makes this a relatively rare sanction coming from career officers. they clearly concluded that mccabe misled them and they -- that he misled on one of the core issues they were investigating. >> i remember from my cases of service in -- service of in the federal government, the inspector general's office was an arm's length away. i was running hud in five states. frankly, you didn't want to have anything to do

here's jonathan turley. let's take a listen to that. >> these were career officials at the office of professional responsibility that made this recommendation which is exceedingly rare. in fact, it's unprecedented for someone in this position. these are not political appointees. everyone that i know of speaks highly of who ahorowicz. he's viewed as completely apolitical. this office as you know is insulated like a sherman tack from any type of outside forces. >> look, it is easy to say this was politically motivated and certainly does not help at all when the president is kind of spiking the football in the end zone here, however, the inspector general horowicz is an obama appointee. would it not have been malpractice if sessions did not fire mccabe? >> again, i've not read the inspector general report. i have tremendous respect for him and the office. the real issue is was jeff sessions appropriately involved in this decision at aural based on the fact that he was recused from the investigation? that's the

>> there is a column in "the hill" by jonathan turley, i encourage everyone to read it.said we just prosecuted michael flynn for false statements. what what if this report about g is true? what we prosecute him and treat him the same way? >> sean: is that equal justice under the law, john? >> that's the big question. can the justice department effectually do it when he was such a big part. >> sean: if i deleted subpoenaed emails, i wonder if i'd go to jail, if i acid washed my hard drive and beat up my blackberry and iphone, i want a will happen, sara. >> you'd probably be prosecuted and you would go to jail. that's a fact. that is the reason why these investigations are so important. they are not just a washington centric investigation. this is about the american people. thishi is about our fourth amendment rights when we think of fisa abuse, carter page, it's not just carter page. it's every single one of us. about the tools of our intelligence community being weaponized against us. >> sean: carter page is going to be rich. that is my prediction. carter page is going t

. >> dana: jesse, take a listen to jonathan turley. he said something pretty provoke tia about mccabe. do we have that? >> the real strange thing about all of this is that mccabe so far has been more worried about pensions than prison. that's not the choice that was given to michael flynn. michael flynn, if you will recall, was charged with false statements, even though comey's investigators reportedly believed that flynn didn't intend to mislead them. that's not apparently the conclusion of the inspector general, with regard to mccabe. >> dana: jesse, lying is lying. >> jesse: according to juan lie something fudging and leaking is shaping a story. can you spin it however you want it. he is a liar and a leaker. and the more information we find out about flynn, the less guilty he looks because now a judge is reviewing the plea. the more we know about mccabe the more guilty he looks. look at the insurance policy conversation between the two love birds strzok and page. >> dana: that's not what this is about. >> jesse: i know. if you look

about the leaks, but if he did compromise the hillary clinton investigation, interesting point by jonathan turleyl law professor last night with martha said isn't it strange that he is concerned about losing his pension and not concerned about going to jail? >> yeah, look, i mean, of course, you know, to tammy's point. this is the office of professional conduct to the fbi. this is a nonpartisan, completely separate from any political appointee operation from the fbi. so, if they are recommending that he be fired, then, you know, i think you have to go with that recommendation, right? we will see what attorney general sessions does. look, you just made the point, he was, despite what some on the right will say about his, you know, terry mcauliff giving contributions to his wife during her state legislative race, he ultimately made some decisions which hurt the investigation and not toward hillary's favor into the emails. >> sandra: bret baier had the chance to ask senator lindsey graham himself should mcmccabe be fired and here was his answer. >> the punishment should be losing your job if he in f

law professor jonathan turley will explain the legal

that very argument came up in a discussion we were just having on msnbc this week, with jonathan turleyject of collusion that donald trump quoted this week, he is of course a respected law professor and he emphasizes there are no indictments about collusion. >> as you know, i'm very skeptical about the suggestion that there is a collusion case to be made against the president or even an obstruction case on the evidence that we have. and i think to be fair to the white house is that we do have a year of indictments, plea agreements, what are called speaking indictments that give elaborate narratives, they conspicuously don't include any type of nexxus or suggestion of collusion. >> the claim there is that if mueller did not indict something, maybe it did not happen. it almost sounds rational, but it does have a logical hold. plenty of crimes never get charged. people steal a lot of cars, but 82% of property crimes are never charged, a point i raised in that discussion. professor turley makes varied arguments this morning and that's i think why the president tweets what he does. just mess

joining us on the phone, george washington university professor, jonathan turley who has been watching these events unfold. your reaction to the firing of andrew mccabe, two days before his 50th birthday where his pension would have kicked in. professor? >> i'm not surprised by the decision. some of us said it would be likely that he would be fired. the reason is that this is an exceedingly rare recommendation coming from the office of professional responsibility. it's virtually unheard of for someone that held the position of mccabe. so it was very unlikely in may view that jeff sessions would not follow that career advice. he followed that advice in his own recusal. he yielded to career officers that had recommended that course. i've said before, i thought he would do what he did tonight. what is a more difficult question that will be presented for the justice department is how they will go from here. because the suggestion is that the inspector general found that mccabe intentionally mislead their investigators. that's almost indistinguishable from what they charged michael flynn wi

fortunately, you have some liberals like jonathan turley and allender schlitz who are taking this --llen dershowitz who are taking this very seriously. but this is not a political game, this is serious. the wall street journal reports that president trump is making his self felt in a nevada senate race. after he ended a nasty interparty toolbar persuading a republican running a populist, unabashedly pro-trump campaign to abandon his efforts to unseat senator dean heller, the republican from nevada, this year. the challenger said friday that he would seek the nevada house seat instead, removing a major headache for gop strategists looking to preserve or expand the 51-49 republican senate majority in november's midterm elections. a republican primary could have boosted democratic hopes to snatch the seed. he was approached wednesday and asked to make the switch. fromis on our line pennsylvania, democratic line. what do you think about the shakeups? caller: well, i was not impressed, to say the least. i believe the reasons that were given for mccabe being fired was that he was not compl

here's jonathan turley, a constitutional law professor at george washington university, talking aboutt yesterday. so let's listen to what he said. >> these were career officials at the office of professional responsibility that made this recommendation, which is exceedingly rare. in fact, it's unprecedented for someone in this position. these are not political appointees. and in fact, everyone that i know of speaks highly of horowi horowitz. that he's viewed as completely apolitical. and this office, as you note, is insulated like a sherman tank, from any type of outside forces. >> so, it's easy to say this was politically motivated and president trump has certainly publicly and privately attacked him, but the inspector general horowitz, he is an obama appointee, would it not have been a level of malpractice if sessions didn't fire mccabe? >> you're right. there's an open question about just how bad the conduct of andrew mccabe was. but right now, you know, we have no clear way, without seeing the full report and all the details about whether that was appropriate or not. and -- but wh

seems ironic, we're talking about the russians, the russians, the russians, the russians and now jonathan turleyg it might be ironic that after focusing on the russians so long it ends up being a foreign star that causes the president the biggest heartburn because we have a john edwards problem here, possibly, on breaking federal law. >> what's been interesting so far, maybe until today and yesterday, is that this is not been made much of a dent in public perception of the president. it's kind of baked in. it was a consensual affair as far as we can tell. what's different now is that you have the white house talking about it. when sarah senders said he won the arbitration agreement, that set off alarm bells because there was an implicit acknowledgment of what was going on. that's why this is a bigger story than it was before. >> because this is real now. >> we talk about john edwards, bringing up john edwards because he, of course, got in trouble for paying campaign money to a woman he was having a relationship with but here this seems like such a clear fec violation and as i said before when i