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The Trump Campaign filed a new lawsuit of pennsylvania accusing the state of implementing a twotiered system. Holding voters to different standards whether they cast ballots in person or by mail. Senator Lindsey Graham says there needs to be more oversight. We dont need their permission to look into these allegations. We owe it to those who voted for President Trump and the country at large to test this system. The biggest difference between 2016 and 2020 is the mass use of voting by mail. It is the wild, wild west at post offices. There are no rules. If we dont come up with some rules pretty soon well get killed in further president ial campaigns. Sandra john roberts joining us live from the north lawn. Whats the Trump Campaign doing today and do they have any hard evidence yet . Good morning. They will continue to do what theyve been doing the last few days. The Trump Campaign and rnc. Continuing to get together allegations of voter irregularities that might have to do with something regarding the vote in nevada or maybe pennsylvania. Those are a couple of the states that theyve been talking about. Of course in many peoples minds big difference between allegations and actual evidence. The president tweeted a short time ago were making big progress. Results start to come in next week. Make America Great again. The president adding we will win. The campaign does have affidavits and sworn statements that i have seen from election workers in nevada that workers were told to put through ballots without signature verification and teams of Campaign Workers were helping fill out ballots in an early voting site. Theyve been forwarded to the doj and will be looking at. Kayleigh mcenany insisting the campaign is only trying to insure that no illegal ballots have been counted. Listen to what she said. Our position is clear. We want to protect the franchise of the American People. We want an honest, accurate, lawful count. We want maximum sunlight. We want maximum transparency. We want every legal vote to be counted and we want every illegal vote to be discarded. Unlike our opponents, we have nothing to hide. The integrity of our election matters. Some republicans have questioned the wisdom even the legitimacy of what the Trump Campaign is doing. The president is getting support from the Senate Majority leader Mitch Mcconnell. Listen here. If the democrats feel confident they have not they should have no reason to fear any extra scrutiny. We have the tools and institutions we need to address any concerns. The president has every right to look into allegations and to request recounts under the law. It looks like a georgia recount will be beginning soon. Congressman doug collins will head up that effort on behalf of the strufrm campaign. The real problem for the president is pennsylvania. There are allegations that there are hundreds of thousands of votes that went through and were counted without first being inspected. But the margin of victory there for joe biden at the moment in the current vote count is 45,000. So thats going to be a big hill to climb even if youve got hundreds of thousands of votes that are in question. Sandra were keeping track of all that. John roberts live at the white house for us. Well have much more on this coming up when former d. O. J. Prosecutor james trustee joins us to discuss the attorney generals directive and where it goes from here. Trace president elect joe biden is expected to give a speech fending obamacare as the healthcare law goes before the Supreme Court and focusing on the pandemic. He promised to make beating the virus his top priority. I will spare no effort to turn the epidemic around once sworn in. Get our kids back to school safely, businesses growing, and our economy running at full speed. Trace peter doocy is live in wilmington where biden will speak later today. What do we expect to hear from the president elect . Good morning, trace. Todays focus is expected to be all about the Affordable Care act. Biden won with a promise to strengthen obamacare and now he has a chance to go into detail about exactly how he plans to do that. And the Transition Team is further telling us he will talk about expanding access to quality healthcare later on this afternoon. We know that the president elect is not counting on congress to help implement his agenda so the Transition Team is telling us there are four executive orders he will sign january 20th. One of them rejoin the paris climate accord. Another one reinstate daca to protect children brought to the u. S. Illegally by their parents and join the World Health Organization and lift the travel ban to muslim countries. His focus on saturday night was uniting the country and healing. He says he thinks one way to do that is by asking people to wear masks. Transition team is also not ruling out legal action against the gsa whose Administrator Appointed by trump is hesitating to make an aser tainment the biden beat trump in the election. Thats critically legally. The biden team cannot access resources and money set aside for the transition. The Vice President elect Kamala Harris is remains in the wilmington, delaware area. We expect to see here by the president elects side later today. Sandra the head of pfizer is denying claims that the decision to release promising results of the companys Coronavirus Vaccine after the election was politically motivated. We announced it the moment we learned about it. And i said multiple times that the election for us is an artificial timeline. I was predicting that this would happen before the end of october. It happened a week later because this is when science broke it for us. Sandra Dan Henninger is joining us. Good morning to you. Is it fair to question the timing of this announcement, dan . I dont think so. I dont believe that pfizer held it up by a week for political reasons. There are too many people inside and outside the pharmaceutical industry looking at the development of the vaccine who would have been aware when the data was going to become available. So it came a week after the election but nonetheless keep in mind that President Trump and the Trump Administration had taken many steps to fast track the development of these vaccines and i think its a tribute to the steps that they took that this vaccine has come out so early in its developmental cycle. It is tremendously good news whether it came out before or after the election. Sandra the wall street Journal Editorial Board takes it on this morning on bidens covid team. The Covid Vaccine cavalry. Watch out for bidens team. He announced an advisory committee. Members who are highly partisan and slow drug approvals. Vaccine offers hope an end could be in sight. The action should be cooperation, not partisan scare tactics. It warns in this piece, dan, the potential problem is politicians frightening the public into not getting vaccinated because it is all happening still under the trump presidency. Case in point the new York Governor Andrew Cuomo yesterday dan. Thats right. Andrew cuomo has been saying all along he will be distrustful of a vaccine released by the Trump Administration. And very unhelpful because there is a lot of resistance to vaccines as we know out there these days and you want a high usage rate for the vaccine to achieve the herd immunity were trying to get out there by maybe the middle of next summer. I think one way to look at this is see that the Trump Administration or republicans and democrats have different attitudes towards a problem like this. The administration was trying to take a pharmaceutical approach to say fast track the development of therapies like antibodies or the vaccines. Whereas the democrats typically, this is true of the team that mr. Biden is assembling, they would take a more of a Public Health approach which would be to emphasize things like quarantining, restrictions, masks, Public Health measures even shutdown. Some of them have been like emmanuel said he was very much in favor of restrictive shutdowns. I think its likely the emphasis is going to be in that direction under a Biden Administration rather than pushing the fast tracking of therapies through the food and drug administration. Sandra now to the big topic of this morning of course bill barr does next and what he does next with the challenging of the Election Results. Bill mcgurn took it up in a piece titled joe biden bitter harvest. Where might trump voters got the idea that a president was illegitimate . Bill mcburn points to joe bidens own words saturday night in a speech. The grim era of demonization in america has to end. If biden means it he needs to show it. He points to these instances, Hillary Clinton, jimmy carter, joe biden even back in 2016 who similarly challenged vocally the results of the election when donald trump won. Watch. He knows he is an illegitimate president. He knows. He knows that there were a bunch of Different Reasons why the election turned out the way it did. Trump didnt actually win the election in 2016. He lost the election and put in office because the russians interference. He is illegitimate. My biggest fear he will do it again with the help of vp his best pal and well be stuck with this guy. Sandra thats some of what weve heard over the years. Bill, your colleague, where might trump voters got the idea that a president is illegitimate . Is that a fair question to look at as you see republicans doing the same . Yeah, i think its fair to look back especially since it is clear from the results of this election that much of the american electorate is trying to look forward. Joe biden ran on a return to normalcy. Many voters decided that he would be the person to restore that normalcy. But as bill points out, the polarization of the last four years was in great part driven by democrats arguing that this president duly elected four years ago was somehow illegitimate. And i think the American People expect joe biden to do something about resolving this polarization. What he has done so far is he ran a campaign against donald trump and perhaps he succeeded to a great extent by running against trump but now on the way forward what exactly is joe biden going to do to reconcile these two sides . Repudiate the activity of cancel culture, eliminating your opponents. He could do things like embracing free speech for everybody along the political spectrum. It remains to be seen whether he will do that. Sandra Dan Henninger from the wall street journal. Always great to start a morning with you. Thanks, dan. Trace as the biden team vets congress picks ocasiocortez is speaking out against the idea of former chicago mayor rahm emanuel joining the administration. She says someone like rahm emanuel would be a pretty divisive pick and signal, i think, a hostile approach to the grassroots and progressive wing of the party. Ocasiocortez expanded on her criticism pointing out emmanuels record on Racial Justice and opposition to teachers unions. He served as president obamas first chief of staff before running for mayor of chicago. Stay with fox news for the latest developments on the 2020 election with Tucker Carlson beginning at 8 00 p. M. Eastern followed by sean hannity at 9 00 and the ingraham angle at 10 00 p. M. Sandra a manhunt is underway in houston after a veteran Police Officer was shot and killed in the line of duty there. What were now learning about that case. Plus two election runoffs in georgia would control the senate and balance. How much is at stake . Jason chaffetz will join us on that next. If john ossoff, a trust fund socialist and warnock, win on january 5 and Chuck Schumer will lead the senate they will, in fact, try to change america. [grunting noise] ill take that. Woohoo 30 grams of protein and 1 gram of sugar. Ensure max protein. With nutrients to support immune health. Still the one and i cant get enough were still having fun, and youre still the one. Applebees 2 for 20. Its date night in the neighborhood. Inflammation in your eye might be to blame. Ck, applebees 2 for 20. Looks like a great day for achy, burning eyes overthecounter eye drops typically work by lubricating your eyes and may provide temporary relief. Ha these drops probably wont touch me. Xiidra works differently, targeting inflammation that can cause dry eye disease. What is that . Xiidra, noooo it can provide lasting relief. Xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. One drop in each eye, twice a day. Dont use if youre allergic to xiidra. Common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. Dont touch container tip to your eye or any surface. After using xiidra, wait 15 minutes before reinserting contacts. Got any room in your eye . Talk to an eye doctor about twicedaily xiidra. I prefer you didnt xiidra. Not today, dry eye. Sandra a manhunt is underway in houston right now for a cop killer. Police say a sergeant was driving to work and responded to a call for help. The shooter parked along a highway, fired several rounds into his car. Rios returned fire but was hit during the shootout. There is a message for the gunman. We are going to catch you. We are coming after you and will capture you. So do yourself a favor and turn yourself in. Sandra following the shooting Sergeant Rios ran to a nearby motel for help but died in the lobby. He was a 25 year veteran of the department and a father of four. Trace the Biden Campaign press secretary saying it is the medias job to hold the president elect accountable after some out lets faced creditible for throwing biden softball questions throughout the campaign and during the president ial debates. Will it change now that biden is the president elect . Jason chaffetz is a fox news contributor. Always good to see you. Thank you for coming on today. I want to play sound from the Biden Campaign chair and get your reaction. President elect biden thinks the media is a critical piece of our democracy. And transparency is important. Our fundraisers opened to press so folks could see what was going on and being said and he believes the medias job is to hold him accountable. He is there to do the peoples work. Trace the Biden Campaign press secretary. After nothing but softballs during the campaign and debate time to put his feet to the fire. Your thoughts on that . It is funny and humorous. Donald trump should be winning awards for his openness, transparency and accountability. If the biden spokesperson believes that true joe biden needs to a, make himself accessible because he doesnt do that. And then the media needs to start asking tough questions and one of the questions i think it should start with is about hunter biden. One of the questions you could ask him is what do you think if the Trump Administration were to appoint a special prosecutor to dive into this . How would he react to that . Why doesnt the media start asking tough questions like that well see how open joe biden decides to be. Trace accessibility. I wonder in the first couple of weeks while he is in office maybe joe biden as he is on his way to marine one decides to linger on the lawn and answer questions for 15 minutes or do you think thats not his style . Well, he hasnt done it yet. He hasnt done it since election night. How many times do we see peter doocy sitting outside getting a tan there in delaware not able to throw a question or pepper a question of joe biden . And Kamala Harris, the Vice President nominee, where is she . She never gets a question. So, you know, rich of them to go out on television and say theyll be open and transparent. It just hasnt happened yet. Do it, dont talk about it. Actually do it and then well believe you. Trace i want to move onto the senate races in georgia. The runoff races. Some political analysts saying they dont believe democrats can take both of those senate races but wow, you look at georgia and it is purple. You have all this money that is just flowing into these senate campaigns. What do you make of this race . I think it will be close to a billion dollar campaign. The most Expensive Campaign in our nations history. I do believe it is a center right state. There is a reason why you have a republican governor and two republican incumbent senators that are up there for reelection. Senator perdue was just so close to getting to the actual 50 . I think it will be a very expensive race. But voters have got to remember what Chuck Schumer theyll keep rolling that tape time and time again, trace. That is if they can take georgia theyll fundamentally change the country. Look out, georgia, its in your hands. Trace you talk about that. I want to listen to the senator tom cotton talking about the consequences of a democrat controlled senate. Theyll pack the Supreme Court. Make washington, d. C. A state. Theyll eliminate the electoral college. Give amnesty and Voting Rights to 15 million Illegal Immigrants and impose Nancy Pelosis voting law on the country. Take your guns, raise your taxes, defund the police and gut our military. Trace you have joe manchin saying im not buying into that far left political agenda, what do you think . You cant rest on just the word of joe manchin. It does appear as if the republicans will have 50 senators there in the senate. I do believe senator sullivan from alaska will be back and thom tillis will be the senator from north carolina. That gives us 50. So if one of the two get elected who will get the gavel . Chuck schumer or Mitch Mcconnell . Thats whats on the line. Trace Jason Chaffetz good to see you. Thank you, sir. Thank you. Sandra another breakthrough in the fight against coronavirus. What a newly approved antibody treatment means for covid19 patients. Thats next. Plus this. Attorney general bill barr authorizing a federal investigation into claims of voter fraud. How could that impact the probe into the results of the president ial election . This is america. We dont rush the Election Results. We do that through a process and through the rule of law. Lets follow the example of bush versus gore. Lets follow what Vice President gore did. Derriere discomfort. We try to soothe it with this. Cool it with this. And relieve it with this. But new preparation h soothing relief is the 21st century way to do all three. Everyday. Preparation h. Get comfortable with it. You can crush ice, make nismoothies, and do even more. Chop salsas, spoon thick smoothie bowls, even power through dough, and never stall. The ninja foodi power pitcher. Rethink what a blender can do. Sandra it is the bottom of the hour. Time for top stories. Thousands are without power in southern florida as Tropical Storm eta continues to churn through the gulf of mexico. It comes with Tropical Storm beta forming in the atlantic. The most active Hurricane Season on record. Trace the Supreme Court hears its first round of arguments on obamacare. It aims to remove the entire law after the mandate was removed. A decision on the case is expected by the end of june. Sandra president elect joe biden will give a speech on the Affordable Care act today expected to defend legislation and lay out his plan to expand access to quality affordable healthcare. Trace more positive news in the fight against covid19. The fda gave emergency authorization for eli lillys treatment. David lee miller live with more on this. David lee, what can you tell us . Good morning, trace. This drug was recently used by the former new Jersey Governor Chris Christie and a similar treatment was given to President Trump. The drug works by preventing the virus from entering human cells. It is only for patients with a mild form of the virus, not to be used for patients requiring hospitalization or using oxygen. The company in a press release said, and i quote, it should be administered within 10 days of symptom onset. It expects to have one million doses available worldwide. U. S. Has a contract for 300,000 dose at a cost of 375 million. Antibody treatments like this one are considered one of the best ways to treat the virus until there is a vaccine. Yesterday pfizer reported an initial effectiveness rate of 90 on its vaccine and said it could seek emergency use authorization by the fda by the end of the month. Today the health and Human Services secretary addressed its distribution. The timeline is pfizer will be producing and delivering to us approximately 20 million doses of vaccine each month starting the end of the month of november. The virus continues to rage. Yesterday it hit a new milestone. More than 10 million americans have now been infected. The infections continue to rise in nearly every state. And with thanksgiving only weeks away the cdc issued a number of guidelines and suggestions for people to follow. They say that at the celebrations only one person should serve the food and that person should wear a mask. You should limit the size of the celebration. Try to have them outdoors and here is one you may not have thought of, try and keep music low so people dont have to shout and possibly spread the virus. Trace. Trace or sing. David lee miller live in new york city. Sandra attorney general bill barr has authorized federal prosecutors to investigate allegations of voting irregularities before the results of the 2020 election are certified. Even though there is no evidence yet of widespread fraud. Lets bring in james trusty former d. O. J. Prosecutor and partner. Thank you for joining us this morning. Big question. Take this big picture for our viewers first. He has authorized this investigation, bill barr. What does that mean about what the d. O. J. Knows so far . Does that give you any indication whether or not they think that these claims are legitimate . No, it really doesnt. There will be all this hysteria about barrs memo and leaked out. The reality it is a very narrow and bureaucratic document. Ive read it. It basically says you at the u. S. Attorneys offices should feel free to investigate substantial voting fraud. Dont fall for stuff thats not substantial and by the way, you dont need to reach back to main justice to talk to the integrity section for permission. He greases the skids for more access to the local u. S. Attorneys offices being the cases where they exist. Sandra the d. O. J. Memo stressing just because theyre investigating doesnt mean it will lead to anything necessarily. It says while serious allegations should be handled with great care speculative or farfetched claims should not be a basis for initiating federal inquiries. Nothing here should be taken as any indication that the department has concluded that voting irregularities have impacted the outcome of any election. So is there anything unusual about bill barr agreeing to investigate this . I dont think so. Look, the big picture is this, sandra. There are absolutely circumstances where criminal prosecutions are warranted. Six months ago a philly elections judge admitted to taking bribes and stuffing ballot boxes in 2016 for democratic candidates. So there is a need for this type of enforcement. All he is doing with this is saying hey, well unshackle the u. S. Attorneys offices on a local level. Not have everything run through d. C. So there could be greater speed. The speed of a criminal case is not the same as the civil case. It wont be a substitute for the litigation that the trump attorneys are pushing in these different states just because criminal cases move slowly most of the time. Sandra there are claims that you know are out there that this is President Trump using bill barr at the d. O. J. To prove his own point about the election. But to your point, a former u. S. Attorney agrees. This is just normal procedure. Listen. You know, its significant but lets not pretend that there hasnt been voter fraud in the country before and that d. O. J. Hasnt looked into it. This is normal, regular process for the department of justice to be looking into allegations. If theyre serious theyll pursue them. If theyre credible theyll pursue them and if not, they wont. Sandra talk about the timing based on that. Were a week now out from election day. A week after election day, hard to believe first of all. And here we are november 10th. So how much time is there and is there enough time to make this case, the doj, knowing that were moving on here through the weeks and days . Look, again, federal cases if its criminal will move slowly and not things that overturn elections. It would be extraordinary to see any sort of indictment or anything this quickly during the time frame that matters, which is this month. So i dont think you will see a change in the electoral results based on any sort of criminal investigation starting up now. This is just literally a way of sloughing off a little bureaucracies and saying dont wait for main justice. Its not prejudging that there will be legitimate or significant cases to pursue. Its unshackling the u. S. Attorneys offices to have more control over their own cases. Only in d. C. Do people have tantrums about. Other places in the country thank you, mr. Attorney general. Youll get criticism but i dont think it will change the overall picture of criminal prosecutions and not change the electoral results because it wont move that quickly. Sandra thank you for that. Appreciate it. Trace the Supreme Court is hearing a challenge to obamacare today. This time with a stronger conservative majority on the bench and a decision to overturn it could cause some 20 million americans to lose their Health Insurance. David spunt live at the Supreme Court. David, good morning to you. The ruling could overturn the entire law. Its possible. Depends on what the justices decide about the individual mandate that requires people to Purchase Health insurance. Those arguing against it say its attack and people shouldnt have to pay that tax. There are 50 people here right now that are supporting the Affordable Care act hoping it stays intact. It is one of the big cases for the new Justice Amy Coney barrett. She and her eight colleagues will not be in the courtroom behind me because of the pandemic. They are meeting by telephone since march. That will continue for the foreseeable future. This is the third challenge to the Affordable Care act signed into law by then president barack obama in 2010. The question for the court is whether that key funding mechanism for the law, the individual mandate can be taken away and kept the rest intact. It forces someone to buy Health Insurance or pay a tax. The Trump Administration got rid of the penalty in 2017. They could not get rid of the entire law that year. Why . Senator john mccain famously gave the thumbs down on the measure on the senate floor to get rid of it and mccain saved it. The president still speaks ill of his memory. A group of democrats led states believe the law can survive without a mandate and has for three years since 2017. Comes Justice Barrett. Her second week sitting on the court. She will be here for another 40 years. It could be one of the most important cases she will hear. Barrett did not speculate how she would rule during her confirmation hearing last month. Listen here. Not on a mission, im not hostile to the aca at all. And if i were on the court and if a case involving the aca came before me i would approach it with an open mind just like i do every case and go through the process that weve just discussed. Oral arguments expected to go 90 minutes with a decision coming by late june. Huge deal not just for Justice Barrett but her eight colleagues. It affects 23 Million People. Sandra fox news alert. Were less than two hours away from a Senate Hearing on the handling of the russia investigation. Former deputy f. B. I. Chief Andrew Mccabe will be in the hot seat. Plus president elect joe biden unveiling his criminal justice priorities. How his plan could Impact Police departments nationwide. Well have that next. Thats why i spoke out against it a long time ago. Ive always said that these headlines can kill a political [inaudible]. Usaa reached out before he could even inspect the damage. Thats how you do it right. Usaa insurance is made just the way martins family needs it with hasslefree claims, he got paid before his neighbor even got started. Because doing right by our members, thats whats right. Usaa. What youre made of, were made for. Usaa meet omnipod it delivers insulin through a tubeless pod. 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Trace president elect joe biden planning his agenda for the first 100 days with criminal Justice Reform a top priority. Pledging the start a National Police Oversight Commission along with investing in community policeing efforts throughout the country. What effect will these reforms have of democrats ability to connect with voters. We are joined by holly. Great to see you im a little unclear on this. Are we talking about implementing more police training, taking away police authority, a combination of both . What do you think . I think it really sort of depends on who is going to make up this commission and what is the scope of the commission. All of that remains to be seen. I was actually heartened to see the bidenharris transition goals be very moderate and a lot of aspirational goals that can transition into legislative achievement if and only if joe biden is willing to pick up the phone and call Mitch Mcconnell and forge that bipartisan alliance that led to the success of the first step act. Groundbreaking sentencing and the law President Trump signed in 2018. Trace weve heard about defunding the police, reforming the police. Some believe the defund the Police Movement hurt democrats in congress. I want you to listen to louisiana democratic representative Cedric Richmond and i will get your comments. Defunding the police is a title that hurts democrats. Especially when the fact of the matter is nobody is calling for defunding the police. Were calling for reinventing how we Police Communities in this country. How we do criminal justice. Trace in fact contrary to what he said many progressive democrats did call for defunding the police especially in june and july at the height of the tension in the country. Really important we listen to the powerful members of the Congressional Black Caucus like one from california. Representative clyburn from south carolina. Both will tell you that defund the police was a big fat loser on election night. Conversely, though, weve seen candidates up and down the ballot in states across this country run successfully on a platform of bipartisan criminal Justice Reform. Im in the commonwealth of kentucky, Mitch Mcconnells backyard. In his Closing Argument to maintain the republic Senate Majority he wanted to confirm conservative judges, tax reform and bipartisan criminal Justice Reforms. All Things Considered leader mcconnell did pretty well on election night. Trace i want read from the New York Times in june at the height of the tension in the kun tree. It says democrats insisted back in june that their efforts would not be halted again arguing the civic unrest that has erupted in small towns and big cities alike has created political momentum for changes. But apparently the voters have spoken didnt create the momentum. There might have been momentum in the early going. When they got to the polls in november that momentum seemed to back off quite a bit. Ironically you heard a lot of voices on the far left and the far right very critical of joe bidens messaging. I think at the end of the day the message of unity might have been what saved the democratic ticket. Certainly thats what we seek to achieve with bipartisan criminal Justice Reform. I think its really critical that both sides during this really turbulent moment for america put partisanship aside and reach across the aisle to do whats best for the American People and quite frankly those who did that in the criminal Justice Reform space reaped the political rewards on election night. Trace thank you for your time, we appreciate it. Sandra Whoopi Goldberg blasting President Trump and his supporters telling them to suck it up and accept the outcome of the election. Howie kurtz will weigh in on that next. Plus why a message from katy perry is sparking a firestorm on twitter. Youre still the one that i love to touch still the one and i cant get enough were still having fun, and youre still the one. Applebees 2 for 20. Its date night in the neighborhood. Sandra that is katy perry and she is taking a lot of heat over a tweet showing sympathy to Trump Supporters. The singer posting this message over the weekend saying quote the first thing i did when the presidency was called is text and call my family members who do not agree and tell them i love them and am here for them, family first. Call your family today, happy sunday. Carley shimkus from fox News Headlines 24 7 is here. How could anyone take issue with that . Quite unbelievable. The era we live in today. Katy perry started her career as a christian singer who comes from a conservative background. Her parents are both pastors and both Trump Supporters. She is not. She is a hard core democrat and she hit the campaign trail even with Hillary Clinton in 2016, supported joe biden this time around. That is not enough for some of her fans who may like her music, may agree with her politically. She is not allowed the reach across the aisle and say she still loves her trumpsupporting parents. How dare she . Is that level of vitriol, if it sounds nuts and how did we get here, the single biggest reason is social media. People sitting behind phones with keyboard courage has nothing but divide the country even further. The second reason is this notion that conservatives are not wrong, they are bad people and bad people do not deserve your love and respect. So katy perry paying a big price for saying something that in any other decade would be a completely normal and inoffensive tweet. Sandra here is some of the reaction, a popular actor posted this on twitter. Those people who voted for a man who incited violence and didnt care whether groups lived or died. They should be reaching out first to apologize. Thats the bare minimum before there can be any talk about love and moving forward. So that is his condition on talking about this. Jack urban said i wont do that. Those people voted against my basic humans rights. Thanks so much for the tip, katie. And chronic mom says not extending an olive branch for people who voted against basic human december enz. Unlike you, i dont have the privilege. She took a lot of heat. You could get into a policy discussion with these folks about the importance of strong borders or which administration put children in cages first. I dont think she will do that and i dont think she will ever show any semblance of support for her conservative family members publicly anymore. Thats what this is all about. Its about scaring people into silence. Look at what happened to Ellen Degenerous after she sat at a Football Game next to former president george w. Bush or the amount of criticism chris pratt gets on social media because people think he might be a conservative. When joe biden gave his victory speech on saturday and talked about unity and bringing this country together, republicans dont believe that. Because maybe he wants to be a president for all people, but do members of his party really want that, too . I guess well have to wait and see. Sandra the wall street journal put it this morning he called for unity. Now he will have to show it. Thank you for that, carley. Thanks for being here. Thanksgiving is coming up. Call your family, work it out. I support that message for sure, thanks, sandra. Trace fox news alert now former f. B. I. Deputy director Andrew Mccabe is set to defend the bureaus handling of the russia investigation. What answer will he have for lawmakers . [ engines revving ] its amazing to see them in the wild like th shhh. [ engine revs ] for those who were born to ride, theres progressive. Sandra its a brandnew hour. The u. S. Topped 10 million cases monday as infections rise from coast to coast. There is progress in the race for a cure. Pfizer says early data suggests its Coronavirus Vaccine is more than 90 effective. It is unclear when it will be available. With the news of the trial withheld because of the results of the election . No. This was data driven. Ive been here 15 years and this is the first time i seen this like this. She spent four years going after the president. Now whoopie goldberg is telling Trump Supporters to accept defeat. All of you suck it up. Suck it up like we sucked it up. Sandra more on that and other headlines throughout the hour. Former f. B. I. Deputy director Andrew Mccabe giving testimony on capitol hill next hour as the Senate Judiciary committee looks into crossfire hurricane the f. B. I. Investigation between possible ties between russia and the Trump Campaign. Welcome to a new hour on this tuesday morning. Im sandra smith. Trace good tuesday morning. Im trace gallagher. In the end the core case for collusion between the campaign and russia could not be proven. D. O. J. Watchdog discovered misconduct from the f. B. I. Today well hear from former Deputy Director Andrew Mccabe deeply involved in the russia investigation. Sandra Gillian Turner is live in washington what can we expect to hear 60 minutes from now . Andy mccabe is set to testify now and face off against the Senate Judiciary committee. Specifically going to be talking about his role as the number two over at the f. B. I. Where he worked hand in glove with former f. B. I. Director james comey. The name might sound familiar to our viewers, specifically mccabe will get grilled about his work during 2016 and 2017 when the Obama Administrations f. B. I. Was investigating alleged links between Trump Campaign officials and russian government officials. Now fox news has obtained mccabes Opening Statement. He will say we didnt open a case because we liked one candidate or didnt like the other one. We didnt open a case because we intended to overthrow a government but how the russians might be undermining our elections. The d. O. J. Inspector general Michael Horowitz released a 2018 report that detailed multiple instances in which mccabe, quote, lacked cannedor with comey, with f. B. I. Investigators and with Inspector General investigators about his work in authorizing the leak of Sensitive Information to the wall street journal. That information as we now know revealed the existence of an f. B. I. Investigation into the clinton foundation. Now, one of mccabes former colleagues is speaking out to fox news saying mccabe was kind of known for working around standard operating procedures. Take a listen. He will have to answer a lot of questions. He by passed normal procedures according to the f. B. I. Lawyer that approves these surveillance warrants going up the chain. He completely by passed the normal approval channels and allegedly went through it line by line himself and pushed it through personally. Now this is the third such hearing called for by republicans in the senate who are investigating what is known as crossfire hurricane. They have been waiting months, sandra, to get this time with andy mccabe today. Were expecting a grilling. Sandra all set to begin at 11 00 a. M. Eastern time an hour from now. Thank you. Our institutions are actually built for this. We have the system in place to consider concerns and President Trump is 100 within his rights to look into allegations of irregularities and weigh his legal options. Trace Senate Majority leader Mitch Mcconnell throwing his support for President Trumps decision to challenge the results. It is not universally shared within the republican ranks. Others are suggesting it is time to move on. Chad pergram is live on capitol hill with more. Chad. Good morning, trace. Some republican lawmakers are reluctant to move on. The reason being they see how President Trump helped Republican House and Senate Candidates down ballot. They see the fact he commanded 71 million votes so far and the Senate Majority leader Mitch Mcconnell set the Gold Standard on the floor yesterday. The projections and commentary of the press do not get veto power over the legal rights of any citizen, including the president. Only a few gop senators have congratulated joe biden. Senator Susan Collins saying that biden and harris should be given every opportunity to insure theyre ready to govern on january 20th. Mitt romney said the transition should unfold rapidly. The Senate Minority leader Chuck Schumer warned republicans about not accepting the results. I have been heartened to see a few of my republican colleagues, it is three, i believe, congratulate the winning ticket. But too many, including the republican leader, have been silent or sympathetic to the president s fantasies. Ultimately this comes down to congress. The house and senate meet in a joint session of congress on the 6th of january to certify the Election Results. You can reject a state slate of electoral votes but you have to have both a house and senate go along with it. Thats january 6th. Trace. Trace chad pergram live on the hill. Thank you. Sandra speaking of the election. It is not over yet in georgia. Voters will head back to the polls on january 5th for the two senate runoffs. David perdue and Kelly Loeffler is trying to hold off two democratic challengers there. Control of the senate hanging in the balance both sides are pourk money into the races setting them up to be the most expensive in history projected to cost as much as 200 million. The campaigns had spent that much on the first race. Trace people are asking those who took to the streets. Thousands of people gathered in philadelphia saturday. The Health Commissioner reportedly recommended that anyone who took part get tested after seven days. Sandra new york congresswoman alexandria ocasiocortez is taking suggestions on who should be in the cabinet of a future Biden Administration. The progressive lawmaker tweeting this. Fantasy sports, president ial add min edition. Who is your dream cabinet. Elizabeth warren, Bernie Sanders and does it surprise you . This is the jockeying you would expect. Tough for joe biden and nancy pelosi. Look, they both have to walk a tight rope now, sandra. Think of the tight rope over a canyon. On one end the tight rope is anchored by socialists. There is a small but growing group of socialists in the house of representatives and you have all the rest. The margins the democrats have in the house are so small that anybody can upset that tight rope. Pelosi has to walk it to get reelected as speaker. Biden has to walk it in the senate. It looks like it wont be democratic controlled. Sandra it wasnt just elizabeth warrens name floated around. Bernie sanders, castro and yates and others. Ocasiocortez is defending progressivism and role it will play in a Biden Administration. She says there is a whole progressivism is bad argument doesnt have any compelling evidence that ive seen when it comes to defund and socialism attacks, people need to realize these are racial resentment attacks. You arent going to make that go away. You can make it less effective. Perhaps she was saying that to nancy pelosi who said this on 60 minutes april 2019. Listen. I do reject socialism as an economic system. If people have that view thats their view but not the view of the Democratic Party. Sandra sandra what does i you about the role that the aocs, the squad, the far left will have in this potential Biden Administration . First of all the squad has blossomed. It is now a sextuplet but there are seven of them with bush winning in missouri and another in new york. Seven avowed socialist in the House Democratic caucus up from four. That will be tough from nancy pelosi. Thats the split. The other problem with democrat majority shrinking from at least 5 and perhaps 10 net votes, governing the house will be very tough. Everyone will be split mag any fie. D i hope aoc sandra you say it will be tough for nancy pelosi. Will she try to address those divisions within her own party last friday she said this, ari. Our caucus has its differences. Were the Democratic Party and we have several exuberances. We recognize if we are going to win in other places in the country, Common Ground respectful of what works in districts and other districts. Sandra what does it tell you i dont see it being healed. No party is in a position to do anything on a partisan basis. The only way to do anything in washington with majorities this small is go back to the old ways and do it bipartisan. Pelosi will have to change tactics and Mitch Mcconnell will have to change to do that. Biden will have to set the tone. I dont know if that ultimately will happen. Their bipartisan reflexes are so out of practice. They havent done it. Well see. But there certainly is nothing that democrats will be able to pass in the house, like Green New Deal or massive tax hikes with the slender majority they have and the big splits that they have. Sandra senator joe manchin went on with bret baier last night. He set out to calm fears over his partys lurch to the left by saying this. Listen. This country you run your life, you run your business from the middle. Not from the fringes. Thats where ive always been. For something whatever the message was, it was wrong for this many people to be split, for us not to be able to have a message that didnt scare people. When you talk about basically Green New Deal and all this socialism thats not who well are as a Democratic Party. Sandra it was a strong message he put out there last night, ari. Thats right. It really shows on one side of the Democrat Party you have the few remaining joe manchins left. They are few and the growing number of aocs in the Democratic Party. They dont belong in the same party. Aoc says she doesnt belong in the same party with joe biden. This is emblematic. We have been here before. We have had narrowly run senates and houses. Can anything get done at the end of the day . The only answer now will have to go right down the middle. Neither party can get anything done on a lopsided one party basis. The election the voters wanted. The results they called for on policy it looks like the voters really want to return to more republican policies and why republicans gained in the house. They didnt lose in the senate. Gained governorships and state legislature. Looks like joe biden prevailed in the vote. It was more a personal election than a policy election for democrats. Sandra great points. Great to have you this morning. Thank you. Fox will have much more on all of this tonight with our prime timelineup beginning with Tucker Carlson 8 00 eastern time, hannity at 9 00 and ingraham angle with Laura Ingraham at 10 00 p. M. Trace president elect joe biden is pushing ahead for his plans for his agenda. The executive orders he plans to sign immediately that would reverse some of President Trumps key policy moves. Plus Whoopi Goldberg telling trump voters to suck it up. Howard kurtz on that next. You bringing in the question all these americans who voted legally came out and stood and voted. How dare you question it. Smoothies, and do even more. Chop salsas, spoon thick smoothie bowls, even power through dough, and never stall. The ninja foodi power pitcher. Rethink what a blender can do. New projects means you need to hire. Gers. I need indeed. Indeed you do. The moment you sponsor a job on indeed you get a short list of quality candidates from our resume database. Claim your seventy five dollar credit, when you post your first job at indeed. Com home. I tat newdayusa thats whatany vet thatwere doing. Lutely. We put our arm around the veterans. When i think of the veteran out there that needs to refi his home, he may want to purchase, we can help them and provide that Financial Solution for they and their families. Its a great rewarding feeling. Everybody in the company, they have that deference and that respect and that love for the veteran that makes this company so unique. Sandra on his first day in the white house president elect joe biden planning to sign a series of executive orders rolling back key parts of President Trumps agenda. Thats the word from his team. Bidens executive actions would include rejoining the paris climate agreement. Reinstating the daca program, rejoining the World Health Organization and repealing a travel ban targeting seven mostly muslim majority nations. Trace heated comments from Whoopi Goldberg blasting any Trump Supporters who might question the Election Results saying it is time to accept defeat. Hillary clinton didnt say hey, wait a minute. This doesnt feel right. Stop the count. She didnt say this isnt right, im not going. She didnt say any of that. So all of you suck it up. Howard kurtz is a Fox News Media analyst and the host of media buzz. Always good to see you. Hillary clinton said that President Trump was illegitimate, right . They had all these we had a montage earlier of all the democrats who called President Trump in 2016 illegitimate and now its rich for whoopee goldburg to say the republicans need to suck it up. She looked a little too ed off there. She is a left wing backlash with pundits angry and frustrated with trump voters themselves for refusing to accept the network projections. Her comments were mild compared to another cohost. Half the country supported trump and they are unamerican. Think about that. Former msnbc host said i hope the pain and anxiety you feel now is excruciating. You voted against america. Some on the left are moving to taunting the 71 million americans who voted for President Trump. I think they run the risk of looking like sore winners. Trace moving on to the election. People contacted me saying they dont trust the medias call of the elections. You write this in your column quoting here, the daylong celebration led by rachel maddow, and others on msnbc saturday might have conveyed the impression of a less than objective some are upset with fox even when some experts concluded he lost the race. Expand on that if you would. Look, its a handful of decision desks at all the networks, fox, cnn, abc, and ap as well saying based on the map they believe joe biden has an unsurmountable lead and they arent seeing evidence of widespread fraud. To journalists, its open and shut. Whatever the network the calls are made by professionals. A major chunk of the country is refusing to accept this and it is partially the outgrowth of years of overwhelmingly negative coverage of this president and it really does underscore the depth of the distrust in the media people, many people, many republicans and Trump Supporters and others not accepting the Mainstream Media as a fair referee in making these projections. Trace you make a good point. It is not a left right debate. There is a split in the conservative party as well. Right. So many of our debates are left right. Here you have some commentators on the right, fox and elsewhere supporting the president s claims or saying we need a more aggressive look at the allegations of fraud in key states. Then you have others rick santorum, now works with cnn calling the president s claims dangerous. You have ben shapiro saying it is irresponsible for trump to claim a victory in the election and conservative editorial page of the New York Post the president could preserve his legacy stopping the claims of the election. The president not taking that advice so far. Not people on one side or the other side. It is more nuanced than that. Trace coverage over the past four years and you quote after six years of overwhelmingly negative coverage of trump the media can hardly be shocked if theyre no longer seen as an honest broker. Are you saying the president has branded the news as fake news and been successful . Fake news is a phrase he popularized. Given the battles over the years and sometimes i said he goes too far in his rhetoric and i think sometimes the mistakes and blunders against the president , social media, twitter has given a major part of the country the impression he cant get a fair shake. Along comes the election. Much closer than the media predicted. Then the decision comes out and say its biden. A lot of people not accepting that. Look, the key thing here is the president hasnt conceded unlike Hillary Clinton who conceded the next morning and unlike mitt romney and john kerry. His supporters dont trust our business. Its a fact that makes me sad. They are backing the president and why theyre in this divisive situation where it feels like the election over but it is not over because of all the legal battles. Trace howie kurtz, good to see you, sir, thank you. Sandra it was the most deadly terror attack in spain in over a decade when a driver drove a van into a crowd of people. Years later three islamic militants are on trial. Plus another possible breakthrough in the fight against covid19 as the fda approved emergency use of an antibody treatment from eli lilly. How does it work and will it be effective . Marc siegel is standing by on that. His take on the latest in the fight against covid next. 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The only Medicare Advantage plans with the aarp name. [sfx mnemonic] trace bottom of the hour. Time for top stories. Attorney general bill barr telling the d. O. J. To look into substantial allegations of voting campaigns. The Trump Campaign files lawsuits in several key states over ballot counting. Sandra the u. S. Is the first nation to top 10 million confirmed coronavirus cases. About a million have been reported within the last 10 days. The highest rate of infection since the start of the outbreak. Trace Tropical Storm eta causing major flooding in florida after making landfall late sunday. The 28th named storm in a record breaking atlantic Hurricane Season swept through the gulf state before heading into the gulf of mexico. Sandra fda approved emergency use of an antibody treatment for covid19 developed by eli lilly. It gives americans new hope in fighting the virus, dr. Marc siegel is professor of medicine at nyu medical center. As we speak there are so Many Americans currently struggling with this virus. So what does this Development Mean for them . This is very exciting, sandra. The fancy name for this drug is an antibody that targets the virus, the sars covid virus, why is it important . If you give it early in the course, when youve just gotten it or over the first 10 days according to the fda over the first 10 days after getting symptoms you can decrease the server tee of symptoms and decrease hospitalization. The virus is like in two parts. The first part is the virus spreading. The second part is the inflammation it causes in the body. We want to stop that inflammation from occurring at all costs. So in people over 65 and people who are obese in people with preexisting conditions this can provide the passive immunity we need to decrease the inflammation. Sandra we talk about the new development in the middle of what appears to be another wave of the virus. Here in new york city, new york state the numbers are dramatically changing. Unfortunately were seeing a real growth in the Positivity Rate in the city and that is dangerous. So we have one last chance to stop a second wave. Just like you fought back the coronavirus after march and april, brought the city back. Made it one of the safest places in the country. We have to do that again and we have to act urgently. Sandra i dont know if you call it a second wave, dr. Siegel or another surge in the middle of the pandemic. This is the latest covid stats in new york state for so many of us who watch that Positivity Rate, which did hold below 1 in new york state for quite some time, siegel, we saw spikes. 2760 new cases reported. Positivity rate nearly 3 . Whats happening here and where are we in the pandemic, dr. Siegel . Sandra, i dont think that can be ignored. Weve seen outbreaks in queens and brooklyn from people congregating too close together. That sparked it. I think people are bringing it to new york from other areas. I think there have been large gatherings going on in new york over the past few days that havent helped. I dont think people are distancing enough. I dont think people are Wearing Masks enough. On top of that we dont have enough testing yet. What i mean by testing is it has to be the kind of rapid test where i can say you are positive now isolate. If i have to wait three or four days as a treating physician to get back a result by that time the patient has encountered multiple other people. Sandra dr. Siegel. Could the development by eli lilly and with hope of a vaccine, could it be light at the end of the tunnel as the pfizer ceo suggested yesterday . I do think so. We have to get a lot of the antibodies out there. Alex azar says a million doses by the end of the year. A million is not enough. We need more. The vaccine very exciting news. If we can actually get the approval by the end of this month and start to deploy it by the beginning of next month, and its this if its this successful, 90 effectiveness and we can give it around the country it will play a huge role in stamping down the pandemic. Very exciting news. Sandra you sound hopeful. We can use some of that entering into the final months of the year as it gets colder and many people will be back inside. Dr. Siegel. Thank you. Trace the trial of three suspected islamist militants linked to a 2017 terror attack that killed 14 people in barcelona underway in spain. Benjamin hall live in london. What are we now learning about this attack . Trace, all we heard in court today this attack was intended to be far bigger than it was. The only reason it didnt go ahead as planned because a bomb factory the defendants were working in the day before the attack blew up and they had to change their plans. The surviving defendants appeared in court not charged with murder but of belonging to a jihadist cell. Instead of a coordinated bomb attacks around the city they planned and caught on video bragging about, a single attacker from the group drove a rented van into crowds oh on a popular street killing 14 people and injuring over 100 before being shot dead himself. Five other members of the cell launched a similar attack the following day leaving one dead before also being killed. Todays trial is of the remaining members of that cell. It is shining a light not only on the attack but the apparent resurgence of Terror Networks in europe. The past month alone saw an attack in austria and in france. There have been sweeping arrests across the continent and dozens of mosques are being shut down as governments take action. In the last hour the leaders of france, austria and germany are discussing a growing threat to terrorism in europe and fear networks are still out there and growing. There could be an attack coming down the pipeline and the countries have raised terror levels to the highest. Trace still growing. Benjamin hall live in the u. K. Thank you. Sandra police in las vegas a minor is facing attempted murder charges after a shooting that hurt four people at an indoor theme park on the strip saturday night. The suspect opened fire at 7 30 in evening that broke out in a fight at the Circus Circus Hotel between two groups of young people. All four victims are in stable condition. Trace a passionate group of road warriors who packed President Trump organizing to bring pressure to urge the Biden Administration to protect a key industry. What they are planning to do is straight ahead. The push to Defund Police across america and how team biden plans to handle that. In all the other things you are hearing about, is Defund Police. I dont know of any democrats in the caucus are for defunding the police. We arent for that whatsoever. 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Some people taking otezla reported weight loss. Your doctor should monitor your weight and may stop treatment. Upper respiratory tract infection and headache may occur. Tell your doctor about your medicines and if youre pregnant or planning to be. Otezla. Show more of you. Sandra a former professional ball adancer is charged with killing her husband. A 24yearold and the victim were in the midst of a custody battle over their daughter. The shooting happened september 27th in the Lakewood Branch hold. She claimed her husband was attacking her. Attackers found no evidence to find she acted in selfdefense. We shouldnt be defunding cops. We should be mandating the things that we should be doing within Police Departments and make sure there is total transparency. Trace president elect joe biden says Police Reform is big agenda for his first 100 days in office including a National Police Oversight Committee and wants to ban choke holds and stop the transfer of military hardware to police forces. Dan linskey is the former superintendent and chief of the Boston Police department. Managing director of krol. I want to put these on the screen one more time. He wants to ban choke holds by police. Create a National Police overnight commission stopping, transferring weapons of war to police forces, improving oversight and accountability, creating a model use of force standard. For us it looks like these are kind of cut and dried. From a police and Law Enforcement perspective, dan, what do you make of this . Those are all things Law Enforcement has been looking for themselves. The military equipment i think that is overblown a little bit. There was reports of a bearcat was purchased, not a military vehicle. There is a need for those types of vehicles. There are ways to purchase them. Thats based on the communitys desire to have them and Police Department and review. Most Police Departments have gone against the choke hold. It put officers in harms way. Everyone is all for standards. And i think contrary to the conversation about defunding the police, this is what needs to happen. What is happening prior to the george flood incident where police were working toward the standard. 21st Century Policing goal. The Obama Administration were trying to have standard of excellence in how police were trained and accountability for officers. It is good but all requires funding and support and to get our officers the training they need they will need time off the street and that requires funding as well. Trace what i hear you saying you the end to be on board with the president elects plan here. A lot of Police Organizations are against this. The executive director of the National Association of Police Organizations said the following here for Joe Biden Police are shaking their heads because he used to be a standup guy who backed Law Enforcement. It seems in his old age for whatever reason he is writing a sad final chapter when it comes to supporting Law Enforcement. Do you get the feeling, dan, that the president elect is not supporting Law Enforcement . So i think we have to repair our relationship with the community, Law Enforcement, the police have to have the relationship repaired for the politicians and the politicians have to repair the relationship for the police. The last few Months Police became a political entity. Thats not what we should be. We need to make sure whatever we do is in the best interest of our community. A lot of time, energy and effort to get back to a point where Law Enforcement feels supported by the politicians that they work with to develop a Community Policing strategy that deploy and build trust with our community. We need to deal with the community in a way in which we understand their needs and thats fine. What police want is dont change it so weve got a pretty qualified level of use of force and containment of force now. Thats the way theyre trained and policy and procedures. Dont change it if you dont like the outcome because we did our job under tough circumstances. We want to police the communities we serve. Trace i want to play the sound bite from james clyburn. How the tone has shifted a bit from late summer, early summer until now. Watch. Do you think that that did cost you house seats, the socialism label particularly in south florida, those two seats and defund the police . Well i dont know about policies ive always said that these headlines can kill a political leftist. We are all about making headway and i just hope that Going Forward well think about each one of these congressional districts. Trace the conversation seems to have come more in support of police, dan. Im wondering, you know, final answer here Going Forward, how does this play into the recruitment of young Police Officers down the road . It is crucial because with this whole defund the police. Weve been working for years to get people of color to get them into Law Enforcement. I was talking with a person last week. They were trying to take 25 of her force away. Those were all the years of going out and recruiting young minds from all over the community who reflected the community. Thats the type of officer that would be laid off if they decided to defund the police. It is good to hear the voice has changed to the where reality is we need police to be effective and work well with the community but it will require funding and support from all sides. Trace dan linskey, good of you to join us. Thank you. Sandra president elect joe biden has said he will not ban fracking but a group of truckers are not so sure. How theyre planning to put the pressure on. Money man Charles Payne on that next. The horse racing industry hoping to get back to normal in the new year inviting fans to the stands to watch a race for the triple crown. This holiday season, its all about the bedroom. And with caspers black friday sale, you can save up to 30 and make yours a winter slumberland. The fluffiest down duvet youll ever feel, soft and light percale sheets, a cool, supportive mattress and plush pillows, even our glow light for better sleep. So go ahead, give the gift of a better bedroom and shop the black friday sale with up to 30 off at casper. Com so go ahead, give the gift of a better bedroom three thousand dollars thats how much veteran homeowners can save every year by using their va benefits to refinance at newday. Record low rates have dropped to new all time lows. With the va streamline refi theres no appraisal, no income verification, and no money out of pocket. One call can save you 3000 a year. Trace horse racing had to ban fans from some of its biggest events. The sport is hoping for a return to normal next year with fans enjoying races like the kentucky derby. This years run for the roses postponed in may for the First Time Since 1945. It was held over Labor Day Weekend instead without the spectators we love to see. Sandra all right. We hope to see some change there. A group of truckers meanwhile is planning to strike tomorrow and several other days this month. Their goal is to pressure the incoming Biden Administration to reject a ban on fracking. Lets bring in Charles Payne, host of making money on the fox business network. Good morning to you. Always good to see you. So these truckers, they obviously heard joe biden say thats not the plan. They arent going to ban fracking but there has been some controversy over that. They arent so sure it wont happen under a Biden Administration. Whats the goal here . They heard a lot of things from joe biden. Even cnn acknowledged joe biden fibbed a little bit when he said he would never ban fracking. One of the last guest to help him get over the top was lady gaga, one of the biggest antifrackers in the world. It is more semantics. Midland, texas are bracing for a wave of attacks on fracking. Doesnt have to be a ban, sandra. You get federal Regulatory Commission to slow it down and add obstacles. You start to remove some of the regulations that President Trump put into place that slows it tremendously. You stop allowing drilling on federal lands. That crushes it a lot. You get back into the iranian deal and start to import iran oil hurts the oil industry. Were talking about a full frontal assault that you can argue sem antiquity isnt a ban that would harm this industry. Truckers and Blue Collar Workers recognize it as well. Sandra the organizer stop the tires 2020 is the organization. Our message is simple, he says. Hopefully effective. We fully intend to exercise our rights and will not have politicians making crippling decisions that will negatively effect our future and the future of our children. We will not participate in the leftist bidenharris Green New Deal. We do not support the banning of fracking. The United States of america operates as a capitalistic economy and oil is the fuel she survives on. So charles, you put a lot of thought into this. What do you see happening . You look at the Overall Energy landscape in this country right now becoming energy oil independent and those gas prices have come so far down. What does all this look like as far as change under a Biden Administration . Im extraordinarily worried about the things like getting back into the paris climate agreement, slowing down our ability to not only take advantage of the Natural Resources weve been blessed with but also allowing our global competitors mainly china to have a free run of it. While were Holding Back Progress theyre actually expanding their economy. I think its a suicidal pact. Im hoping maybe clearer heads prevail. Organizations like this, grassroots organizations are going to be a key. You have over 10 Million People who have earn a living directly or indirectly from the fracking industry. Let it naturally progress and go where it has to go. To artificially hurt this industry right now costs a lot of lives. I think it cost us a lot of safety and security as well. It is one of these issues that crosses a lot of areas and just to kind of hammer the way we heard the left saying in the last debate ultimately joe biden does not like fossil fuels but to attack the industry right now i think would be tough for our country. Sandra the u. S. Secretary of energy said on fox business talking to stu that abolishing Fracking Technology could lead to the loss of 19 million jobs he estimates. Likely to be a big topic. And a big topic on the debate stage. Fine at thoughts from you this morning as we look at the dow. Up 50 points this morning as we continue on through this week after that big rally yesterday on the vaccine, right . Yeah, huge rally on the vaccine. Listen, we dont want to be caught flat footed. You look at california and some of the things theyve done with Renewable Energy and brownouts. I understand ideology but lets be smart about our fellow americans putting food on the stable because of the technology. You use the word technology. This is home grown American Technology that has freed this country in many pace. Trace fox news alert from the hill. Former f. B. I. Deputy director Andrew Mccabe is about to testify on crossfire hurricane as the senate panel seeks more answer on the russia investigation. Well take you live there next. Balanced nutrition for strength and energy. Whoohoo great tasting ensure with 9 grams of protein, 27 vitamins and minerals, and nutrients to support immune health. Sandra take a look live on capitol hill at this hour where the Senate Judiciary committee is holding a hearing on the f. B. I. s russia investigation known as crossfire hurricane. Former f. B. I. Deputy director Andrew Mccabe will be testifying and expected to defend the bureaus handling of the Counter Intelligence investigation. Republicans are making the case the probe was tainted by political bias including investigators of trying to undermine President Trump. The hearing will be underway in just a few moments and well bring it to you live when the questioning begins. Meanwhile fallout from the launch of investigations into allegations of voter fraud with the head of the d. O. J. s election crimes unit stepping down in protest after the attorney general green lighted the probes. Welcome back to americas newsroom tuesday morning. Good morning, im sandra smith. Hi, trace. Trace hello everyone. Im trace gallagher. As the trump team pursues legal fights in key battleground states including a newly filed lawsuit in Pennsylvania Attorney general william barr has authorized attorney generals to look into investigations. The prosecutor on americas newsroom earlier. There will be all this hysteria about barrs memo and how it was leaked out. It is a very narrow and beer democratic document. It is greasing the skids for more speed and access to the local u. S. Attorneys offices building these cases where they find them to exist. Sandra weve got live Fox Team Coverage for you this morning with peter doocy in wilmington, delaware. We begin with chief White House Correspondent john roberts at the white house. Hey, john. Good morning. The white house here where theyre replacing the front lawn. Forgive the noise behind me as we try to proceed here. The Trump Campaign insists it has plenty of evidence of voting irregularity in places like philadelphia, pittsburgh, detroit and las vegas at the very least. Georgia as well. They are suggesting several lawsuits have been filed and affidavits and sworn statements forwarded to the department of justice and more expected today including that lawsuit in georgia. Most of the complaints involve the improper processing and counting of ballots. Some complaints detail evidence of improper completion and casting of ballots. Bill barr authorized investigators at the department of justice to look into substantial gaitions of voting and vote tabulation irregularities. He says such inquiries and reviews may be conducted if there are clear irregularities that could impact the outcome of the federal election in an individual state. In response and protest as trace pointed out at the top the head of the Election Crimes Branch has stepped down at the d. O. J. President trump sandra hum. Trace well get back there in a moment. Biden is planning to roll back some policies. The Supreme Court hears a case today for the aca to be overturned. Peter doocy is live in wilmington, delaware. What do we expect to hear from the president elect today . In the last couple months the president elect has promised to be the most progressive president ever. Bernie sanders has said he might have the most progressive president since fdr and today we are going to hear him explain exactly what that means for his plans to build on the Affordable Care act. That will happen in three hours. The president elect is at a theater the campaign has been using for meeting and briefings for marks today. We expect the Vice President elect who remained in the area to appear with biden as well. He did not answer any questions on his way in and hasnt since election day. The campaign is giving us more details. He will work around congress with some executive orders. We expect to hear more about that today. Trace apologies for the quick wrap. Lets go to capitol hill. Senate Judiciary Committee on crossfire hurricane with Andrew Mccain testifying. Here is Lindsey Graham. The russians did for sure try to interfere in the 2016 election. Well see what happened in 2020. But also you have to make sure that those involved in investigating campaigns have an even hand about it and that whatever biases they have dont seep into the system so that one candidate gets treated differently than the other. And we are going to talk about that today with mr. Mccabe. That every allegation of a campaign being involved with foreign entities or trying to create an impression of involvement with foreign entities needs to be looked at. Not just one side of the ledger. And i look forward to asking mr. Mccabe did the f. B. I. Live up to that when it came to crossfire hurricane . And try to find out how the system got so off the rails when it came to mr. Page and the warrant application. So with that i will turn it over to senator feinstein. Thanks very much, mr. Chairman. I appreciate your comments on the election. I think we all should be heartened by the record participation and the dedication of our poll workers and state election officials, and certainly on this side of the aisle and i hope on the other side, too, in the results. So we thank you for calling this hearing. It is part of your examination of crossfire hurricane and that is the f. B. I. Investigation into russian interference in the 2016 election. Special counsel mueller took over that investigation when he was appointed in 2017. He concluded that there was foreign interference in the 2016 election. He found that russia interfered, quote, in sweeping and systematic fashion, end quote. He also uncovered numerous contacts between members of the Trump Campaign and individuals linked to russia and he determined that the campaign knew about, welcomed and quote expected it would benefit electorally from russias interference. The Senate Intelligence committee on which i sit confirmed what muellers findings in a bipartisan report. The report details russias 2016 interference and how Trump Campaign members were involved. That includes Campaign Manager paul manafort, whose ties to russia made him in the committees words, quote, a grave Counter Intelligence threat. These investigations make clear that the f. B. I. Was right to investigate Russian Election interference and the Trump Campaigns ties to russia. Inspector general Michael Horowitz also confirmed that the f. B. I. Was right to investigate. After a twoyear investigation, he concluded that the f. B. I. Was justified in opening crossfire hurricane and that there was no evidence that the political bias impacted the bureaus work. None of the 14 witnesses the committee has heard from during the chairmans investigation have provided evidence to the contrary. So where are we . More than four years have passed since the f. B. I. Opened crossfire hurricane. And multiple investigations have confirmed that the f. B. I. Was correct to do so. So i think, mr. Chairman, it is time to turn the page on crossfire hurricane. Im grateful to f. B. I. Director wray and the career men and women of the f. B. I. Who worked hard to secure our country and its elections. They include f. B. I. Deputy director Andrew Mccabe who i look forward to hearing from today. Thank you very much, mr. Chairman. Thank you very much. Mr. Mccabe, are you with us . Mr. Mccabe . Could you speak up, please, sir . Sorry, we arent getting any sound. Bear with us, mr. Mccabe and well see if we can fix this. Sandra as are these times, right, trace . The hearing happening on capitol hill and the Committee Chairman Lindsey Graham acknowledging there are having problems. Could you raise your right hand . witness sworn i do. Would you like to say anything or just i have an Opening Statement that i would like to read. Please, go ahead. Okay. Chairman graham, Ranking Member feinstein and members of the committee, thank you for giving me the opportunity to testify today. I had the privilege to serve as an f. B. I. Agent for over 21 years. For my first assignment working russian organized crime in new york city to the last years i spent as Deputy Director at f. B. I. Headquarters i worked with the greatest people on earth. Men and women who have dedicated their lives protecting the country as agents, analysts and professional Staff Members of the f. B. I. I know f. B. I. People has hard working dedicated patriots committed to the rule of law above all else. The jobs are hard, sometimes dangerous, and often they are pushed beyond the limits of their experience into volatile, unpredictable situations. F. B. I. Personnel are not perfect. But when they make mistakes, they submit to the rigors of oversight and remain committed to learning and getting it right the next time. I was honored to be one of them. I was honored to lead them and i am honored to discuss our work today. I agreed to testify today about my knowledge of events related to the u. S. Department of Justice Office of the Inspector General report entitled review of four fisa applications and other aspects of the f. B. I. s crossfire hurricane investigation. And the investigation into russian interference in the 2016 president ial election. Because i was not permitted to consult the documents that may have refreshed my memory to include my personal notes and calendar i may not be as precise and accurate as i otherwise would be. I appreciate the committees flexibility in conducting this hearing virtually rather than in person. While i continue to believe an inperson appearance is a better vehicle for an oversight hearing the current status of the covid19 pandemic compels me to be extremely cautious about where i go and what i do. My wife is a front line First Responder who takes care of children and their families in our local emergency room. I try to avoid unnecessary chances of potential exposure that might put her at risk and possibly endanger her ability to continue caring for our community. In july of 2016 the f. B. I. Initiated an investigation code named crossfire hurricane to determine whether an individual or individuals from the trump president ial campaign might be coordinating with the russian government to interfere with our 2016 president ial election. The concerns that led to our initiation of this case are wellknown. In the fall of 2014, the f. B. I. Began tracking cyber actors affiliated with russia who were targeting u. S. Political institutions, academic think tanks and other entities. In the spring of 2016 activity intensified as new russian cyber actors invaded Computer Networks at the Democratic National committee. At the time we did not know what they planned to do with the information they were stealing from the dnc. But soon we found out. In july 2016 russian intelligence agents acting through the online aliens published hundreds of thousands of emails and other information stolen from the dnc with the intent of damaging Hillary Clinton on the eve of the Democratic National convention. This malicious use of stolen information signaled a new level of hostility directed at the heart of american democracy. Several months before this release and unknown to the f. B. I. At that time, Foreign Policy advisor to the Trump Campaign george pope papadopoulos that the Trump Campaign had received case r indications from the russian governments it could assist the campaign through the anonymous release of information that would be damaging to Hillary Clinton. Close quote. It was only after the dnc information was publicly released in july that the diplomat communicated the content of his conversation with papadopoulos to the United States government. So what did we know . In july of 2016. We had known for almost two years the russians were targeting our Political Institutions in cyberspace. By the spring of 2016 we knew russia had stolen information and used that information in a manner designed to hurt Hillary Clintons chances in the election and then we learned that before the russians attacked us an individual from the Trump Campaign may have known the attack was coming. F. B. I. Policy sets the threshold for opening a full field investigation as the moment when you have information or facts that indicate a threat to National Security might exist or that a federal crime might have been committed. In july of 2016, we had both. Russian Intelligence Services attacking our democratic process, possibly in coordination with a president ial campaign. We opened a case to investigate and try to mitigate that threat and to find out what the russians might have done. Let me be very clear. We did not open a case because we liked one candidate or didnt like the other one. We did not open a case because we intended to stage a coup or overthrow the government. We did not open a case because we thought it might be interesting or because we wanted to drag the f. B. I. Into a heated political contest. We opened a case to find out how the russians might be undermining our election. We opened a case because it was our obligation and our duty to do so. We did our job. The review of four fisa applications and other aspects of the f. B. I. s crossfire hurricane investigation details a significant number of errors and failures related to the fisa applications in this case. I agreed to be interviewed in connection with the i. G. s investigation and i have reviewed the report. I was shocked and disappointed at the errors and mistakes that the oig found. To me any material misrepresentation or error in a fisa application is unacceptable, period. The f. B. I. Should be held to the standard of scrupulous accuracy that the court demands. Fisa remains one of the most important tools in our countrys efforts to protect National Security. The f. B. I. Is the custodian of that tool. I fully support every effort to insure the f. B. I. s use of fisa maintains the high standards the court and the American People demand and deserve. This commitment to the rule of law acknowledging our mistakes and doing Everything Possible to insure that they are corrected, these are the e reasons im here today. Theyre the same reasons i have cooperated fully with every interview, hearing and Oversight Effort requested of me both while i served and since ive left the f. B. I. I have provided testimony to four different congressional committees on these and relate i had matters. Ive been interviewed in connection with the special counsels investigation as well as three separate doj, oig investigations reviewing documents and answering questions over seven days. In an effort to provide this committee with the most complete, accurate testimony possible, i requested that the f. B. I. Allow me to review some of my former materials. Including my calendars and personal notes. That was denied. Fortunately the broad scope of these matters and the passage of times makes many of the details of our work hard to remember. I will do my best to answer your questions today but i will not speculate or guess about details and facts that now remain beyond my reach without the benefit of refreshing my recollection. Based on the recent testimony the current f. B. I. Director and other intelligence officials, it seemed that many of the same signs of russian targeting that concerned us in 2016 were seen in the runup to the election we just completed. As both a former career Law Enforcement officer and Senior Intelligence officer, trace mr. Mccabe, you have a five minute Opening Statement. Could you please wrap up . Yes, sir. I cannot stress enough the importance of focusing your efforts and the attention of this nation on the dangers of foreign influence on our election. The russians were successful beyond their wildest imagination in accomplishing their goals in 2016. Their successes serve as an encouragement to other hostile nations intent on undermining our security, safety and stability. The russians and others will be back. Please do not let the recent calm of the 2020 election lure the nation into a false sense of security. It is up to you to insure the nation recognizes the magnitude of the threat posed by foreign actors and takes sufficiently aggressive steps to address it. With that im happy to take your questions. For the record, one of the reasons see not able to review his notes is that the f. B. I. Did not want him to have access to classified information. I promised mr. Mccabe we would not go into the details of his dismissal but i dont want anybody to believe that this committee chose for him to not have access, it was his former employer who made that decision. Now, very quickly, did anyone from the Trump Campaign wind up being prosecuted for the colluding with the russians . Senator, it is my understanding the results of the Mueller Investigation that no one was prosecuted for criminal conspiracy involving. That would include mr. Papadopoulos, is that correct . Mr. Papadopoulos to the best of my recollection was prosecuted for making false statements to f. B. I. Agents. Lets make sure that the f. B. I. Treated both sides fairly. Senator feinstein suggested it was right to open up the investigation against the Trump Campaign. You say it was right. It was your duty. Lets look at the entire record of the 2016 election and see how even handed the f. B. I. Was. On september 7th, 2016, the c. I. A. , not the australian our c. I. A. Sent an Investigative Lead over to the f. B. I. And informed the f. B. I. Of u. S. President ial candidate Hillary Clintons approval of a plan concerning u. S. President ial candidate donald trump and Russian Hackers hampering u. S. Elections as a means of distracting the public from her use of a private mail service. How many agents were assigned to investigate that . Senator, if you are referring to the memorandum, the raw intelligence memorandum recently declassified by the d. N. I. Yeah. I have read that memorandum and i dont understand it to be a request for investigative activity. Im not aware that any agents were assigned to investigate these timeout. You get a memo, an Investigative Lead is what the c. I. A. Calls it. Alleging that Hillary Clinton had just signed off on a plan to tie trump to russia for political purposes. How many people looked at that . How many agents were assigned to see if it was true or not . Did you know about it . I was not aware of that memorandum until time out, time out. You get a c. I. A. Memo Investigative Lead memo suggesting that the democratic candidate for president Hillary Clinton is trying to divert attention from her email server problem by casting aspersions against the Trump Campaign being connected to russia and you didnt know about it. How is that possible . Senator, i would like to explain to you how thats possible. Who did it go to . I just want to make sure he understands who it went to. Who did the memo go to . I recently read the memo and my understanding it went to the director comey and was also to the attention of peter strzok. That memorandum that you are referring to, as i read it, is in response to an f. B. I. Request, oral request for an update of the source of information that the crossfire Hurricane Task force was reviewing about russian activity in the campaign. Thats from my best recollection. Im here to tell you thats not what happened. The c. I. A. , we have the documents. Sent to the f. B. I. Information suggesting that Hillary Clinton had approved of a plan to link donald trump to russia for political purposes and it went to peter strzok. Do you believe peter strzok was fair minded when it came to the Trump Campaign . Senator, my experiences working with peter strzok, yes, i believe he was fair and the decisions that he made and the work that he did. So do you object to mueller relieving him from the investigation because of the emails show he hated trumps guts . My recollection, sir, is that we removed peter from that team because of the Ongoing Investigation did you remove him or did mueller remove him . We had conversations on the evening that it was first shown the Text Messages between mr. Strzok and ms. Page and we made the decision to remove him and reached out to director muellers team and they agreed with that. Thats my recollection. You believed that peter strock was on the up and up. Was it ever suggested to you by mr. Precept that mr. Strzok should not be involved in this investigation because of his relationship with lisa page . Senator, i remember discussing with both mr. Priestap and mr. Steinbach here are the facts. Priestap suggests strock not be involved. You overrode him. Here is what we know about strzok and page. Page march 3, 2016. Trump is a loath some human. Strzok, trump is an idiot, he is awful. Hillary should win 100 million to nothing. August 2016, page he is not ever going to become president , right . Strzok, no, no, he wont. Well stop it. So is it your testimony under oath that you think peter strock had no biases against trump . Senator, it is my testimony under oath that the work that i saw peter strzok do on the crossfire case and other cases senator, im having a hard time finishing an answer. I dont know please finish. Simply stating that the work that i saw peter do on this case and other cases, that work and the decisions he made i did not see any indications of political bias. How do you explain to the American People that when the f. B. I. Received a memo from the c. I. A. Alleging that Hillary Clinton had signed off on a plan concerning u. S. President ial donald trump and Russian Hackers ham perg u. S. Elections as a means of distracting the public from the use of a private mail service that you did nothing . Should peter strzok have told you about this . I cant explain to you, senator, what peter strzok or director comey thought of that memo at that time. What i can say is that please, please. I want to get into this. Everybody is saying that you had the right to open up an investigation against trump based on the u. S. Ambassador the australian ambassador to the United Kingdom who heard a conversation in a bar. What you are telling this committee when the c. I. A. Informs the f. B. I. About a plan signed off by Hillary Clinton to link trump to russia, nothing was done. Is that what you are saying . There was no investigation of that allegation at all . What im saying, senator, it is not clear to me that there is an allegation of criminal conduct in that memorandum. That is based on my current reading of it. I did not see it at the time. I cant tell you what others. A Counter Intelligence investigation was opened against trump, not a criminal investigation. Papadopoulos was a Counter Intelligence investigation. The case against mr. Papadopoulos was a Counter Intelligence case. If you have a Counter Intelligence investigation opened up on a Trump Campaign based on the conversation by the australian ambassador to the United Kingdom based on a bar conversation, you are telling me thats legit and you put all the resources for 2 1 2 years to run that down, but you are telling this committee when our own c. I. A. Suggests that Hillary Clinton signed off on a plan to link trump to russia for political purposes you didnt do a damn thing, is that your testimony . No, sir, thats not my testimony. What happened . Im happy to explain to you how we thought about the issue with mr. Papadopoulos. Thats not my question, no. My question is why did the f. B. I. Not open up an investigation based on the c. I. A. Input . The c. I. A. The telling the f. B. I. That they have information that Hillary Clinton signed off a plan to deflect attention from her and put trump in a bad light regarding russia. That came in september 2016. You didnt know about it apparently. Can you explain to this committee and the American People why the f. B. I. Did nothing regarding that allegation . I cannot, sir, explain to you what peter strzok or anyone else thought about that at the time. But i can explain to you the information in that memo i accept that you believed that mr. Papadopoulos should be looked at. Im not arguing with you. I dont understand how you can how the f. B. I. Operated. Youve got a tip from an australian ambassador of the United Kingdom talking about a bar conversation with mr. Papadopoulos about russia hacking and that leads to 2 1 2 years of turning the country upside down. Your own c. I. A. Informs the f. B. I. In september that they have information that Hillary Clinton herself signed off a plan to divert attention to her email problems to link trump to russia for political they never hired one agent. That really is disturbing to a lot of us. Now, lets go to the warrant. In june 2016 2017 did you sign off on the carter page warrant application . In june of 2016, yes 2017, im sorry. Did you know at the time the c. I. A. Had warned the f. B. I. On numerous occasions to be careful using the dossier . It was internet rumor . I did not know that at the time and i dont know that now. Okay. Well, we have a lot of lets see, a list of c. I. A. Informs the f. B. I. That carter page had approved had been approved as an operational contact from 2008 to 2013. Did you know that the c. I. A. Had told the f. B. I. That in august of 2017 . No, sir. The reason thats important that would explain why mr. Page was actually talking to people he claimed to be talking with. Did you know did you have a conversation with mr. Orr about the reliability of Christopher Steele . I had a conversation in october of 2016 about with mr. Orr about his interactions with mr. Steele. Did he tell you you should be concerned and be careful . I dont remember him saying i should be concerned or be careful, no. In the fall of 2016 this is his testimony. You put mr. Mccabe on notice. I certainly gave him the same caveats. They were that steele hated trump. Yes, concerns, yes. What did he say when you told him that you were concerned about you need to be careful for lack of a better term . I think he understood because he also worked on russia criminal matters. So we have mr. Orr under oath saying that expressed concerns to you, strzok and others about the reliability of mr. Steele. You dont remember that . Senator, i dont remember the specifics of our conversation. However, we were engaged in trying to determine and verify the statements in mr. Steeles reporting at that time. So we were certainly concerned about those things. Were you aware of the sub source interview in january and march to the f. B. I. . I was aware that an individual who our team thought of as one of the primary sub sources had been identified and that they were interviewing. Did they tell you about the substance of those interviews . Not in detail. So you didnt know that in january the sub source tells the f. B. I. He had no idea where some of the language attributed to him came from and did not know the origins of other information that was supposedly from his contacts. He did not recall other information attributed to him or his contacts. Steele used incorrect source characterizations for the primary sub sources contacts and in march he said he never expected steele to put his statements in reports or present them as facts. The statements were word of mouth and here say conversations had with friends over beers or statements made in jest that should be taken with a grain of salt. Was any of that ever communicated to you . No, sir, not that i recall. If you knew then what you know now would you you have signed the fisa application . No, sir. Finally, who is responsible for ruining mr. Carter pages life . If its not you, its not rosen style, its not comey, its not sally yates. Who is responsible for putting together the information provided to the fisa court that was completely devoid of the truth, lacking material facts, completely represented what mr. Page did and how he did it, who should we look to for that responsibility . Well, sir, i dont agree with the way that you have characterized it. Thats what the court said. I think as the i. G. Pointed out and the conclusions of their report. Who is responsible, mr. Mccabe . Everybody. Everybody is responsible but nobody is responsible . It would help if you allow me to finish my answer. It would be easier to understand. The question is who is responsible . I think we are all responsible for the work that went into that fisa. I am certainly responsible as a person in a leadership position with oversight over these matters. I accept that responsibility fully. Did you mislead the fisa court . I signed a package that included numerous factual errors or failed to include information that should have been brought to the court. And what should be done to you and others . Well, senator, i think we are doing that with this process. I think our efforts should be focused on figuring out how these errors took place and insuring it doesnt happen again. It begins with those responsible being held accountable. Mr. Chairman, i hope you know this is difficult. First the hearings are opened. Reports get done, and then they get castigated for doing it, and in his 434page report, i. G. Horowitz confirmed that the f. B. I. Had a legitimate reason to open the crossfire hurricane investigation. Attorney general barr disagreed with the i. G. s finding and has since referred to it as a bogus russia gate scandal. So this is the first time i have heard this kind of thing happening and one witness told the i. G. That quote it would have been a dereliction of duty and responsibility of the highest order not to investigate. Do you agree he with that . Im sorry, senator. I absolutely agree it would have been a dereliction of duty for us to not initiate the crossfire hurricane investigation in the way we did. Now as i understand it, it was a Counter Intelligence investigation into Trump Campaign ties to russia. You opened a Counter Intelligence investigation into trump himself after he fired former f. B. I. Director comey and linked comeys termination to the russia investigation. I dont know whether thats true or not. I would like to know. You have said that if the f. B. I. Failed to open an investigation into trump under those circumstances, we wouldnt be doing our job. I believe you said that on 60 minutes. So i think its pretty clear opening a Counter Intelligence investigation into a president is an extraordinary step. Why did you see it as necessary under those circumstances . Senator, there were a lot of things that were concerning us as we went through the opening and the process of investigation. Please say what they were. It would be helpful to this conversation. Sure. So we knew that the russians had been targeting us. We had reason to believe because of the friendly Foreign Government information that the campaign had been aware of that and might have coordinated with them in those activities. Thats why we initiated the crossfire investigation. After as we proceeded with that investigation, we had a series of alarming i should say director comey had a series of alarming interactions with President Trump in which it became pretty clear to us that he did not want us to continue investigating what the russians had done. He actually asked at one point that we stop investigating general flynn. He then fired director comey when we he also asked that we state publicly that he was not under investigation. When we didnt do that and we didnt close the investigation on general flynn he fired director comey. He then stated publicly that he was he had fired director comey thinking about the russians. He then told the russians that he had fired director comey and that had relieved a lot of pressure that had been on him. So we had many reasons at that point to believe that the president might himself pose a danger to National Security and that he might have engaged in obstruction of justice if the firing of the director and those other things were geared toward eliminating or stopping our investigation of russian activity. So what was found on that point . Well, thats the point, senator, in which we handed the investigation on the first four people and the investigation of President Trump and the investigation of former attorney general sessions over to the special counsel team. And i think we all know what happened at the conclusion of that investigation, the details that are provided in the Mueller Report, i think, provide pretty solid results that verify that our concerns were valid. So i am very confident in the work that the special counsel did and i think it proves that our concerns at that time were legitimate. Would you go into some of those concerns and what the report showed . Sure. So we opened the initial crossfire hurricane investigation because predominantly the statements of George Papadopoulos which indicated that people maybe mr. Papadopoulos and others affiliated with the campaign might be coordinating with russia. My recollection of the results of the special counsels investigation is that they found, i think it was over 100 different connections between people affiliated with or part of the Trump Campaign and russians or people affiliated with the russian government or russian Intelligence Services. Clearly our concern that there might be connections here that we should be looking into to insure there is no danger to National Security was proven true. On the obstruction of justice side, i think its wellknown director mueller concluded that he could not indict or seek an indictment of a sitting president due to the department of justice policy. However, the volume two of the Mueller Report lays out in pretty excruciating detail at least 10 different categories of behavior or activity that the president engaged in. And i think to the best of my recollection in at least eight of those categories the elements of the offense of obstruction of justice evidence to prove each element of the offense of obstruction of justice are present in those categories of behavior. So its a fairly a bit legalistic and i apologize for that explanation but it is a fairly compelling case that the president was, in fact, engaging in behavior that you could easily categorize as obstruction of justice. So once again our concern that the president might be obstructing justice was verified by the results of the Mueller Report. Thank you, mr. Chairman. Senator cornyn. Mr. Mccabe, i revere the department of justice, i revere the f. B. I. But what has happened over the last four years has revealed an f. B. I. Gone rogue. That its interfered with not just one candidate but with two candidates for president of the United States starting with Hillary Clinton and then, of course, investigation of the current president , donald trump. How is it that the f. B. I. Decided to interfere in the election of not just one, but two candidates for president of the United States . Well, senator, i dont agree with your characterization of our work as having gone rogue. And i would also say that at no time while i was in the f. B. I. Did we make a decision to interfere in any president ial election. Did you participate in the discussions leading up to the july 5th, 2016 press conference that director comey held on the email investigation . Did you agree with that and did you support his decision to go public with that announcement . Senator, i was a part of those decisions at the time. I supported it at the time. I feel very differently about it now. Im happy to go into detail about that if you would like. And you understand that while you thought that firing the f. B. I. Director may be some evidence of russian involvement with President Trump, you are familiar with the Rod Rosenstein memo which was at least in part the reason why director comey was fired, correct . I learned of the yes, yes, i became familiar with that the day that dr. Comey was fired. What i dont understand is your relationship with director comey. Did director comey know everything you knew or did you selectively tell him or report to him about things that the f. B. I. Was doing . Well, i cant say, senator. I cant say what director comey knew but i can tell you that director comey and i attended numerous meetings together, briefings every day. That it was my practice to discuss all of the major issues that we were dealing with, that i was dealing with, with director comey. So we spoke frequently about most topics. I cant tell you with perfect accuracy everything that we talked about but we talked a lot. So he was pretty up to speed on what was going on at all times. Did you or director comey consult with attorney general lynch or deputy sally yates about the Counter Intelligence investigation of the Trump Campaign . Yes, sir. Our team met with the folks, the d. O. J. Leadership of the National Security division, within a day or so of opening the crossfire hurricane investigation and informed them of what we had done and what we thought about the case and the people who were being investigated. And then director comey and i i wont speak for director comey. I had followup conversations with Department Leadership in the days that followed and many times during the course sandra the hearing before the Judiciary Committee. Andrew mccabe defending his actions and peter strzok against allegations of bias inside of the f. B. I. At one point Lindsey Graham took him on with some tough questions said would you have pursued a fisa warrant application for carter page if you knew then what you know now . Mccabes answer was no, i would not have. More news made, more headlines from that campaign. Trace has a guest well get to and then well go back to the hearing. Trace lets bring in republican congressman elect darrell issa after winning a seat in californias 50th district. The house Oversight Committee chairman before stepping down in 2018. Congressman elect thank you for joining us here. I want to read this quickly. The president just tweeted moments ago republicans dont let Andrew Mccabe continue to get away with totally criminal activity. What he did should never be allowed to happen to our country again. Fight for justice. You heard what sandra was just saying there Andrew Mccabe saying if he knew then what he knew now he would never have tried to get that surveillance warrant to surveil Trump Campaign member carter page. Your thoughts of what you are hearing on capitol hill. Well, what im hearing and very consistent with what the president just said is this is now in our taillights. We know that, in fact, there were a series of they called them mistakes but they were not benign mistakes. They were convenient and onesided mistakes. What we need to do now that weve done the oversight is pivot to the reform. We have to reform fisa, we have to absolutely make sure there is accountability for these kinds of activities. If you cannot put in special safety guards to protect a president ial candidate or a president and his administration itself, then in fact we have no protections at all. So we are going to have to go back through, agree to the honest record which is what you saw a lot of maneuvering by senator feinstein to try not to take the honest record and agree to it but be selective. What im looking forward to in going back to the committee on oversight and government reform is the government reform that is so desperately needed that the president just tweeted out he wants and whether he is in office or not, that is our obligation. I think the president when you read his tweet is looking for a bit more than reform. He is looking for consequences in what happened over the four years. He is looking for as Andrew Mccabe points out there were mistakes made along the way. Talking about the steele dossier that was used and they knew that it was, you know, it was paid for by the clinton campaign. Talking about the forgery by an f. B. I. Lawyer in the fisa certificates and they knew carter page wasnt a russian access because he was an f. B. I. Assets. Those are the mistakes theyre talking about leading up to this. So the president really is looking for consequences here. There dont seem to be accept for the fact that peter strzok lost his job and others clearly doesnt seem to be the consequences that some republicans had hoped for in this scenario, sir. Well, the American People deserve better than theyre getting and there is no question at all. It frustrates members of congress because we cannot indict, we cannot try and convict. And in fact only the attorney general under obama didnt do it. Quite frankly hasnt done it under this president in four years. The question is did they not do it because there isnt enough information or did they not do it because in fact we have to have compelling laws that make this kind of activity clearly criminal . And i would say that this is where congress has a role. We cant indict, we cant try and we cant convict but we can make the law clear that would lead to real prosecution in the future. So to my president i cant put somebody on trial but i can make sure this never happens again without real consequences. Trace its interesting. Andrew mccabe in his Opening Statement said he wanted to be clear there was no politics involved in this. And then you have chris swecker, the former assistant f. B. I. Director saying there were politics. Listen to him, sir, and ill get your response on the other side. Were all disgusted with the way it went down. It really was a political investigation. Using the f. B. I. In the most intrusive investigative techniques you can use and against a president ial campaign. Trace it is a pretty bold statement from the former assistant f. B. I. Director, sir. What do you think of that . We have a long history that this has happened before. Lbj bugged Barry Goldwaters aircraft and did it with the f. B. I. Ordered them to do it and they did it. No question at all this can happen. The question really becomes knowing that it happened, malice is not required. Wrongdoing occurred. We have to absolutely make sure that it cant happen again. The only way to make it cant happen again is real reforms. I will add one more thing. If its fair to talk about mccabe, the real question is should anyone ever be able to bug a president ial candidate without the president of the United States knowing it and taking direct responsibility if its wrong to do it . And should a loyal american like President Trump ever have an investigation going on in his organization and not be informed . And on what basis would they do that for what is ultimately their boss . Those kinds of mistakes should never happen again and we need to have strong laws that prevent exactly that from happening. Trace what Lindsey Graham was trying to point out when you were surveilling part carter page with the warrants that were renewed. You knew it was faulty information and also in that net you got to surveil other members of the Trump Campaign who spoke with carter page. Thats what i think Lindsey Graham the trying to point out here and trying to point out how is it possible that you were given notice from the c. I. A. That Hillary Clinton was kind of using this against her nemesis, the man running against her and that was ignored . Your last thoughts on this, sir. You are exactly right. If you choose to investigate one party and choose to ignore credible allegations about the other one, it is inherently shows bias. It is one of the areas in which the Inspector General horowitz is wrong for not opening up and saying this is inherently bias when you selectively investigate or prosecute and thats exactly what happened in this case. Trace congressman elect. I hope you enjoy your two year sabbatical. Welcome back to congress. Thank you for joining us. We appreciate it. See you soon. Thank you. Sandra thank you, trace. Well get back in the hearing in a moment. Mitch mcconnell is also talking on capitol hill right now holding his weekly news conference. Another senator is speaking at the moment. Graham at this hearing a few moments ago asked the question who is responsible for ruining carter pages life . Mccabe answered were all responsible for the work that went into the fisa. He said i signed a warrant that included a number of factual errors and then to the chairman, Lindsey Graham who you saw on your screen he was asked would you have pursued a fisa warrant application for carter page if you knew then what you know now . Mccabe answered no, i would not. There is the chairman, dick durbin, the senator from illinois now speaking. Lets dip back into the hearing. Trumps repeated calls to investigate the investigators and try to rewrite the story of russias involvement in the 2016 campaign. The Judiciary Committee hasnt held a single oversight hearing on the Trump Administrations Justice Department in this congress. Any issues we might want to raise . I can think of a few. Perhaps we might even investigate the department of Homeland Security and their zero tolerance policy. I regret what happened to carter page and ive said so before. I also regret what happened to 2,200 infants, toddlers, and children who were physically removed from their parents by the zero tolerance policy of the Trump Administration and the fact that 545 of those children still are in an abandoned status today. 545. My question has been asked to the witness before us today is who should be held responsible . Why wouldnt the Senate Judiciary Committee Even care to have a hearing . Why wouldnt the immigration subcommittee which i am a Ranking Member on with the senator from texas even have [inaudible] this is the fourth hearing were having going back over this wellplowed ground. There are some timely issues related to the department of justice we might even have considered today. Let me give you one. Yesterday attorney general bill barr issued a memo authorizing federal prosecutors to quote pursue substantial gaitions of voting and vote tabulation irregularities prior to the certification of elections. The attorney generals memo represents another instance of his sacrificing the reputation of the department of justice to serve the political interests of president donald trump. Attorney general barr is attempting to fabricate a veneer of legitimacy for the baseless claims of voter fraud made by President Trump and his supporters and he is doing so by overriding Longstanding Department of justice policies put in place to prevent this very type of political interference in an election season. Let me tell you what the previous attorney generals honored said quote. Public knowledge of a criminal investigation could impact the ajudd indication of election litigation and contest if state courts. Accordingly it is the general policy of the Justice Department not to conduct overt investigations. Ends of quote. Attorney general barr the barr member prompted the department of justice Election Crimes Branch to resign from his position, an issue the Senate Judiciary committee might want to be concerned about . No were going back to the 2016 election for the fifth time instead of asking pertinent and relevant questions about what is happening today. Mr. Richard pill tear, who resigned from that position noted that barrs memo abrogateed the 40yearold noninterference policies for elections. End of quote. When general barr came before me in my office i asked him why do you want to be Donald Trumps attorney general . He said you should have seen the list of other people who he was also being considered. I thought i should step in at that point. Secondly he said i want to preserve the reputation of the department of justice. Is there anyone on or off this committee who believes that general barrs actions yesterday preserved the integrity of the department of justice . Baseless claims are being made about voter fraud. Do you know what the litigants record is in court since the election . Protesting the outcome of the election . 0 for 10. They have no evidence whatsoever of election fraud. If they did they would certainly bring it forward. I want to close by thanking former president george w. Bush of texas for stepping up and doing the honorable thing and acknowledging to now president elect joe biden that he did win. That he will be the next president , and he, president bush, is

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