Riots to see where the streets whether the streets of those cities and towns are controlled by mayors, city council es, Police Departments or vandals and looters and rioters, criminals and thug it is. In raleigh, north carolina, the police chief there has already decided to hand over that city to the mob. I will not put an officer in harms way to protect the property inside of a building. Lou the protesters who are filling the streets of some of this countrys largest cities bring with them, last night, more violence, more looting, arson and vandalism. It is particularly troubling that these rioters and looters are turning now on our Police Officers, in some cases trying to kill them. Some wounded officers this evening are near death. Video capturing the demonstrations of barbaric violence as you see here. One man in the bronx holding a new York City Police sergeant down on the sidewalk as another man beats him with what appears to be a metal sign before they run off. In the same part of the city, a car speeded into a police officer, hitting him, sending him airborne and hitting a second vehicle. The officer, we are told, is expected to survive, but no arrests have been made. Elsewhere in st. Louis, missouri, four Police Officers were shot during protests in the citys downtown. All of the officers have been released from the hospital, thankfully, but no arrests again have been made. In buffalo e the driver of an suv ran through a police line. He hit three Police Officers. That driver is in custody. And in las vegas, an officer on life support this evening. He was shot in the head outside a casino doing his job. This violence is countrywide, and it has little to do with the horrific incident that started with a cops knee in the neck of george floyd. In fact, all of these violent demonstrations, these protest, burning buildings, riots and murder have all taken over ruined absolutely whatever message had been intended by those who wanted to protest and to demonstrate. Its all been lost on a nation that is sickened by the images that we see every day, every night of attacks on police, businesses destroyed, cities devolving into chaos. President trump has vowed to restore law and order, threatening military intervention to recapture what has been lost by mayors and City Councils and governors. I have strongly recommended to every governor to deploy the National Guard in sufficient numbers. If a city or state refuses to take the actions that are necessary, then i will deploy the United States military and quickly solve the problem. Lou former president barack obama yesterday addressed the riots plaguing the nation. Although i disagree with most of what he has had to say, there was one thing that he wrote that i agree with wholeheartedly. He wrote this, quote the elected officials who matter most in reforming Police Departments and the criminal Justice System work at the state and local levels. Its mayors and county executives that appoint most Police Chiefs and negotiate collective bargaining agreements with police unions. Its district attorneys and state attorneys that decide whether or not to investigate and ultimately charge those involved in police misconduct. Those are all elected positions. And in nearly every city that is experiencing these horrible moments as a result of demonstrations and protests that have turned violent and vulgar, those elected officials have failed in their duty and in deciding, theyll charges, they have dropped them. Joining us tonight is ken cucinelli, acting Deputy Director for the department of Homeland Security, acting director of Human Services as well. Good to have you here. Good evening, lou. Lou lets start with the very issue that caron fronts confronts everyone in this this country right now. Who in the hell is responsible for this . This is obviously orchestrated. This is not some kind of spontaneous combustion that were witnessing in our society. This is planned, managed and orchestrated, is it not . There certainly are large numbers of people out there who fit that description, lou, and theyre hijacking legitimate protests and turning them violent. As the president said very firmly yesterday, he expressed his outrage at the injustice suffered by george floyd in his death but also said we will not let these looters and criminals and domestic terrorists take over and destroy our cities and our country. And we at the department of Homeland Security have surged personnelled to do exactly that, is control streets in the areas where were here in washington and where were supporting our state and local partners out in the cities where they ask us to. There has been a direct correlation between those areas that use strong amounts and i dont mean over inappropriate behavior, but Strong Police force you have gotten less violence. The strong showing of National Guard and police is controlling the streets. It does keep americans and their property safe. And thats the job of Law Enforcement. And as the president said, keeping americans and america safe is his first duty, and he has pushed us very hard to do that as aggressively as the law allows, and were doing it x. Were going to keep doing it until the violence is over. Lou its considered to be the first duty of anyone who swears an oath to the constitution, serves in local or county or tate or federal state or federal government to protect american citizens. Right. Lou those who put them in office. In point of fact, we have seen mayor after mayor and nearly every time its a democrat, a governor simply refuse to, as the president put it, dominate in the face of these looters and vandals and arsonists. Its extraordinary that we are talking about an ongoing situation, a crisis, if you will, in the streets of those cities, and i dont with hear many people talking about which mayors, which governors, which well, lou, i mean, lets go back to where this started. You can, in minnesota, in minneapolis you can see the difference when they werent willing to call out the guard and once they were willing to call out the guard. The change in the destructiveness and the violence dropped precipitously right there where this all began. And all this violence that essentially dishonors the efforts to convert George Floyds death into constructive progress to make sure Something Like that never happens again, its been hijacked. Were not going to let that happen. The president was very aggressive, you played some of the audio of him talking to the governors, what he told the governors. Either you do it or ill do it. And you know, lou, ive been a state attorney general, this is the First Respondent of local government responsibility of local government, then state. Federal government is supposed to come in third and last. But the decisions being made in some cities are making this worse. Their unwillingness to engage and protect their own people, their own cities means that theres more violence, theres more mayhem, theres more death, and it wouldnt be right if we didnt finish, lou, if we didnt at least talk about the actual targeting of Law Enforcement. This is not random, its intentional in many cases x. Those acts, in my view, are domestic terrorism. And for a sense of scale for you, the department of Homeland Security lost the first person to an assassination of Law Enforcement in oakland, jesse underwood, one of our protecting a courthouse out there. His partner had three bullet wounds, looks like hes going to survive, thank god. But its that sort of assault, you rattled off some more last night. This continues. The secret service has suffered 60 injuries in the course of defending the white house and the area around the white house in washington. Theyve never reached numbers of injuries that high before. This is extraordinary. We have anarchists who are organizing and who are intentionally fomenting violence to thank that were, that were facing off within the streets. Lou well, i, im not sure that i always understand the reticence of some of our officials to talk directly about antifa, to talk about the organizations by name. And also what is clearly a connection between local government and the leaders of some of these organizations including antifa that they refuse to bring charges against, that they refuse to hold accountable and punish. This is outrageous. And i realize there are the limited resources but, my god, that is a role for the federal government, is it not, to delve into precisely those kinds of corrupt relationships . Yes. So where we have people particularly crossing saw tate lines to participate in this state lines to participate in this, that gives federal jurisdiction. First and foremost, even as president obama noted, this is the responsibility of local and state governments. But when people cross state lines to participate in this and thats their purpose, then they trigger federal jurisdiction, expect fbi and youve heard the attorney general speak very strongly to their willingness to prosecute. I would note for a group like antifa and other anarchist type groups or that are really the most prevalent of the terrorist type tactics, theyre not cardcarrying organizations. Theyre not, they dont is have ordinary membership in the way we think of it. So tying particular people to particular lou alqaeda forgive me, i mean, the same thing could be that sort of misses the point, it seems to me. Alqaeda didnt carry cards either. They didnt have an organization chart. You could make some, but the fact is we havent even done that with antifa. And how soon will the president declare them to be, in point of fact, an International Terrorist organization . Well, i dont know that theyve done anything outside the United States. But we treat them based on their behavior. Youve heard me call the behavior terrorist. I was doing that on saturday. And when people set out, for instance, to harm lou yeah, but im talking about a designation [inaudible conversations] ill met you finish let you finish but answer we dont have an official designation lou excuse me, i know that. Thats the reason why im asking you directly and politely as i can, ken, that the president said he would do so, and im asking you when will it happen. So since there isnt a formal, there isnt a legal structure for domestic terrorist organizations, we characterize them ourselves. And you heard the president do that, he did it some on twitter this weekend. And, you know, that qualifies. Lou is so thats hes calling them out. Lou all right. And he has also called out the military lets see tonight, hopefully they will not be necessary thats what we hope. Lou to quell this extraordinary moment in our history. Ken cucinelli, thank you very much. Im deeply sorry that we had to exchange heated words, but there it is. Weve done so before, probably again. Up next, jerry nadler getting in the general Michael Flynn case while pursuing new articles of impeachment against President Trump. Stay with us. Introducing new voltaren arthritis pain gel, the first and only full prescription strength nonsteroidal antiinflammatory gel available overthecounter. New voltaren is powerful arthritis pain relief in a gel. Voltaren. The joy of movement. New voltaren is powerful artyeah. This movingf in a gel. Thing never gets any easier. Well, xfinity makes moving super easy. I can transfer my internet and tv service in about a minute. Wow, that is easy. Almost as easy as having those guys help you move. We are those guys. Thats you . The truck adds 10 pounds. In the arms. Okay. Transfer your Service Online in a few easy steps. Now thats simple, easy, awesome. Transfer your service in minutes, making moving with xfinity a breeze. Visit xfinity. Com moving today. Lou breaking news tonight, the Juste Department asking the Supreme Court to block a Lower Court Ruling that requires the department to hand over secret grand jury materials from the mueller special counsel investigation to the rad call the dems radical dems who sit on the house judiciary committee. Two weeks ago the Supreme Court temporarily blocked those dems led by Jerry E Nadler from obtaining the information. That after the dems told the court theyre still looking into possible impeachable offenses of President Trump. Also breaking, jerry nadler filing his own legal brief to defend judge emmet sullivans refusal to dismiss the general Michael Flynn case. Nadler also says hes lining up his9 blowers, as he called them, to testify against attorney general william barr and introducing legislation to slash personal, barrs personal Office Budget by 50 million. Nadler is quite something, isnt he . Youve seen his act before. What a sorry and pathetic act it is. Solicitor general Noel Francisco calling out judge emmet sullivans tactics. He wants him to dismiss the case entirely against general flynn as he says the constitution requires. He told the federal Appellate Court in washington that judge sullivan has no authority whatsoever to block the Justice Departments request to dismiss the case against flynn, no authority whatsoever to appoint a former federal judge to, of all things, go after flynn for perjury or contempt. Our next guest this evening is at the center of all of this, general Michael Flynns attorney. Joining us is sidney powell, also former federal prosecutor. Sidney, lets start with Noel Francisco basically saying the same thing that youve been saying without but with some considerable power with the weight of the Justice Department behind him as solicitor general. Telling sullivan basically shut up, move on and get out of this. [laughter] yes, there are two separate articles of the constitution that apply to prohibit judge sullivan from proceeding the way he wants to proceed. One is that the executive power and the power of prosecution rests solely with the department of justice. Judge sullivan cant change his robe in for the suit of a prosecutor and go out and play pitch, run bases, bat and the whole business. Instead, as we said in our brief, hes way out in left field by himself. And then also theres no case or controversy left anymore under article iii because the parties, the government and general flynn, have agreed to dismissal of the case. Primarily because the government long hid evidence that shows he was innocent. And to see any of the material elements necessary to prove a crime. Lou and the idea that the radical dems with nadler threatening to take on attorney general barr and his Office Budget, for crying out loud, he couldnt be more of a cretan or a creep, could he . Than to continue to act in this fashion . What is going to happen here in terms of sinking to put in the hands of such a person grand jury materials, to me, is just unthinkable for whatever the reason. Enter it is unthinkable it is unthinkable, and thats why it hasnt happened yet, and i dont think it will happen. Grand jury materials are protected for a number of reasons, and its imperative that they continue to be, not the least of which is i would be fairly certain they have something to do with john durhams investigation now. And the reason all the democrats are going bonkers in every direction because that investigation is over the target. And getting closer by the minute. Lou and when you say over the target, what do you, what do you specifically mean . I mean that they are talking to the people that conspired to destroy this president and general flynn, and some people are cooperating, some may not be. But i think they are within the realm of potential indictments sometime in the next few months, and thats got to happen to restore the rule of law in this country. Lou and nadler coming to support, if you can call whatever nadler does support no matter how he intends it, of emmet sullivan, this is starting to look like a web, if you will, amongst the legislative radical dems and, apparently, one sitting on the bench who we never suspected until, as you say, people started getting directly over the target, and that is the obama Justice Department officials and intelligence officials who are responsible for what has been a sorry effort and conspiracy to overthrow a president. I think mr. Ed nadlers also upset mr. Nadlers also upset because a strong group of house members and a separate group of members of the senate filed briefs with the Circuit Court of appeals, the tease circuit, in support of the constitution principles and the rule of law with respect to the flynn petition. So he and his group did not do that, and he wants to make sure judge sullivan knows he supports his position [laughter] on this case which has no reference and bearing or support in the constitution. But thats not a problem for mr. Nadler. Lou or any of the other radical dem, as theyve demonstrated over the course the past, oh, three and a half years. As always, sidney, thank you very much. How soon do you expect a conclusion . Ill think that the court of appeals is going to do something fairly soon. Their order was very strong ordering the briefing. The issues are simple and straightforward and fully brief now from multiple amici and also the parties themselves, so theyve got everything they need now to make a decision very soon. Im hoping wi