He is working to get a artful deal put together in hopes that perhaps they can take another crack at this thing as soon as tomorrow. Good evening, everybody. Im martha maccallum. That is where we are. Quite of excitement on day 63 of the first 100. We got our cameras on the hill. We will head there. First, our other huge story tonight, brenda fox news reporting on allegations that the Obama Administration may have effectively used the fbi and nsa to get inside information on the incoming trup team phd day, devin nunes said that he was not sorry that he revealed to the president new information that u. S. Intel agencies may have surveilled communications involving members of the trump transition team, and then the intel agencies and perhaps the white house and the doj altered the rules to permit spreading that Sensitive Information so it could essentially be gawked at by a wider circle of insiders. Is that okay . Here is chairman nunes in an interview that will air later tonight on hannity. I will say that the dissemination was pretty far and wide, and like i said before, it appears to me that it was all legal. The question is, should it have been done in the first place . Did it meet for an intelligence value. And secondly, or any other american names unmasked, and i have information that says that there were. Martha information that more names were unmasked. Training me now, dr. Charles krauthammer, fox news contributor. Thank you for being here. Were sort of on date two of this particular chapter of this story, and devin nunes says basically that he is not sorry that he went ahead and share this information with the president. What do you think . I think he did make a mistake in the sequence of these revelations going to the press, than the white house, then to his committee. In fact come up we hear from reports that in meeting with his committee today, he did actually offer an apology for not having told the committee first, which is what you would expect. The Mainstream Media have been harping on that as if that is the main story here. Its not. Its a sideshow of a sideshow of a sideshow. Something he shouldnt have done. But the fact is that he saw something that disturbed him and that he thought ought to be revealed. The problem we had is that we dont know enough of the facts. We do know there is a charge against the Trump Administration that there was collusion with the russian campaign. There is an investigation of that. We also know it was trumps own charge of being wiretapped. For which there was no evidence, wiretapping of trump tower. Now there is this third story. Which is nunes charge that there was improper use of the information picked up legally and incidentally in the surveillance of foreign folks. Which, of course, is allowed, which we do, but normally you are supposed to mask the names. His charge, and we would have known if there was one improper use of that in the surveilling and leaking up the name of general flynn. Now, whether or not he acted properly or not is not the issue. But there seems to have been an abuse of the system here. The nunes charge, as you have shown in that clip, is that it was widespread and systematic. That is what he said. We need to see the evidence. But one it goes back to the New York Times story, and in that story, it was revealed that they went to Great Lengths to open up the channels and make it easier for more people in a wider circle to see the transcripts of conversations or the emails that the nsa has gotten their hands on. In that story, charles, the overwhelming feeling is that there were dogooders, that is how they saw themselves, we have to make sure the country knows what the administration was up to. If we didnt leave these tea leaves and open these doors, it was all going to go away, and they would never know. That is a pretty big assumption to say, we are going to change these rules because we have decided that this is what is best for the American People. And there is a second problematic aspect which is the way the information was achieved in the first place. You are supposed to, when you are listening in on the foreign people, lets say ambassadors from other countries, and according to nunes, this is not russia. These are nonrussian people. Thats perfectly legitimate. When you pick up incidental americans, you are supposed to protect their identities. The question is, where they are abusing statute by using the foreign is driving as an excuse, an avenue to get in, and that the real purpose was to listen in on americans. Thats the larger charge. That would be a pretty big violation of what youre supposed to do. The lesser charge is, they overshot on flynn or perhaps they improperly unmasked the name of somebody else. But the question is, was there an intent to abuse the listening in on the foreigners as a way to get inside and improperly is the name on americans. And as you know, thats the one thing these agents are not supposed to do. In the absence of a court order, you dont go listening in on american citizens. Martha they are supposed to be apolitical. The report, the intelligence. Thats the job. It is not to become a spy or to trade information to an Outgoing Administration about an outgoing one. Charles, thank you so much. Joining me now is a former Intel Committee chair Peter Hoekstra who says that the bottom line here is that of chairman nunes is accurate and there were raw intelligence reports in the white house of intercepted american phone calls, that is unprecedented. Democratic analyst also joining us and fox news contributor. Pete, given what we know today, do you think that is what happened, and what is the motivation . Why do they want to call, the word be used, at this information . The names peeled off, have a look at what was going on in this . I want to make a couple of points, martha. I want to correct charles a little bit. Not only when given foreign intelligence is collected on americans, not only do the names have to be masked, but before that information is ever shared throughout the community or the white house or wherever, there has to be a compelling reason for national security, for why this information has to leave. If you collect on americans, foreign intelligence agencies, that information should be deepsixed and thus there is a compelling reason. If there is a compelling reason, you can share it, but it has to be masked. What it appears happened here, these transcripts were shared and went all the way to the white house, raw intelligence. In my ten years on the committee, i never saw raw intelligence. I only saw intelligence analysis. That is a huge breach of confidence. Why . Who knows. Its interesting. Martha and the person who has her job now says that when he saw this brief flow of information, he said he only saw about a dozen but theres a lot more, that it alarmed him. He found it alarming that our intel agencies would be allowing this information and free flow. Actually, what do you think . Democrats in the past, including al franken, have complained about this 702 rule, that it can easily be misused and abused. There are two issues, we have latebreaking news this afternoon and early this evening that chairman nunes conceded that it may not even be that there were any trump transition members on these interceptions, that is may have even been as little as foreigners discussing the trump transition. Martha just to clarify, hes not sure what it seems to say, could have been phone calls, could have been emails. Not sure how many people were grouped into those was the entrance but with god a long way to go on those. That detail is important. That means there were not trump transition people, maybe foreigners discussing the transition, which is a huge difference. This point was made really well in the washington journal today, this has gotten so toxic on both sides that there is really no faith on either side that when or if the truth comes out it will, in fact cannot be the truth. And i think it is time for jim comey or whoever is, in fact, in charge of this operation coats but one that is a great question in and of itself. We need to fish or cut bait, unfair to Trump Administration to have this hanging over their head since july, apparently, but also unfair to the American People to have speculation on both sides without any clarifying answers. I think it is time that they come out with whatever they have. I understand there is an investigation going on. That is just not fair to the American People or, frankly, to him. Martha we need resolution. Thank you so much, both of you. Well continue to talk about this as it moves forward. Breaking tonight, House Republicans will be up late tonight, as in all night, perhaps, as they scrambled to secure the votes needed to pass the health care bill. They may give it another go tomorrow, and we should find that out over the course of this evening. Going to be joined by congressman adam consider. Talk about how hes trying to convince his fellow members that this whole thing is a good idea, plus terrific news on the horrific rape case out of rockville, maryland, where there is no information. Both illegals involved, so say the attorneys, our innocence. The latest when we come back. Now come up with this policy, we say when our Law Enforcement arrests somebody, their hands will be tied as far as working with i. C. E. And federal authorities even if these are authorities even if these are terrorists, gang members, did you know slow internet can actually hold your business back . Say goodbye to slow downloads, slow backups, slow everything. Comcast business offers blazing fast and reliable internet thats over 6 times faster than slow internet from the phone company. Say hello to internet speeds up to 250 mbps. And add phone and tv for only 34. 90 more a month. Call today. Comcast business. Built for business. Martha breaking tonight, the vote of the House Republican bill has been postponed on a day that was meant to have powerful meaning. Obamacares seventh birthday is today. Instead, the battle over how this bill is going to go is continuing to rage as the president and his top advisors scrambled to get those books together on the floor. Vice president pence saying moments ago that he believes both sides are making progress. That sort of a broad term but thats what he had to say on it. Right now, g. O. P. Members unsur unsure, unsure what happens next would have this in this whole thing. Not yet, thats why i believe the vote was postponed. If it doesnt happen tonight, we may have to wait until tomorrow or monday. The president has made great progress with individuals. We just need to make sure everybody is there and will be able to solve this problem. We are going to get to the finish line because the president is committed to getting to the finish line, moderates and conservatives are committed to getting to the finish line. Martha joining me now, congressman adam kinzinger, no doubt be burning the midnight oil, good to see her tonight, congressman. What is the mood there . Well, everybody is interested, right . We are all waiting. We dont know exactly where the boat cart vote count is. We want to move forward and follow through on the promises we made to the American People, and weve got a conference that is happening here very soon. Were going to probably talk about this. Ultimately, we have to be able to get to yes. Thats the difference between being in charge now versus being in the opposition party. Voting though is easy. But governing and getting to yes is difficult, and we are all going to have to make that decision on our own. I hope we can get there. Martha the president was meeting with members of the tuesday group, it seems to me that they are trying to they sort of went a little bit toward the conservatives on this and made some of them happy but some of the moderates sort of fell off the front end of the raft and the water, right . Again, the art of this is very difficult, as he made concessions to one group, another may be doesnt like it. The obamacare, democrats had the cornhusker kickback, the louisiana purchase, they loaded it up with earmarks. We dont do earmarks come i dont have that option. It has to be on peoples goodwill that this moves forward. I hope some of my friends and colleagues in the Freedom Caucus can get to yes. Thats where we need to be. Again, youll never see a perfect bill, a danger of letting good become perfect, we need to move forward. Martha are we going to see a vote on this tomorrow . I hope so. I think therell be more direction we have immediate staked out about it, i hope we can get it done tomorrow. Move on to our next promises. Martha good to see her tonight. Joining me now commend david mcintosh, president of the club for growth a , firmly agait this, conservative enough and repeals the heart of obamacare. Good to have you both here. David, let me start with you, if i were to bring or if the president were to bring, which might work better, rand paul into the room and paul ryan into the room and say, we are going to have a bill at the end of this conversation, what would it look like, and what would your side be willing to concede . Yeah, i think the conservatives would say, at this point, if you simply make sure you put some provisions in there that will really reduce the cost of insurance, thats the core of the promise they have made in four elections to get rid of obamacare. And paul ryan keeps saying, i dont want to do that. He kind of says the senate cant, but the house can, and he is in charge of the house. The way you do that, you reveal the obamacare regulations, then you require Insurance Companies to compete nationwide, one of President Trumps key promises lester in the campaign. I think they are getting close if they can just get to the point where they can keep those last two promises, i think youll see it. Martha doug, what do you think about that . I think there are two problems. Cbo has already scored the bill as reducing premiums, down 10 at the end of the decade, and but they are doubled. Small amounts. Thats hardly anything. That is an artifact of the fact that the cbo is using all data, it doesnt have anywhere in this analysis, sought in the third year, if you compared to 2017 numbers, the numbers are down. This is a nonissue. The other thing is, everything david said requires 60 votes in the senate, youre not going to get 60 votes in the senate. A nice fantasy, but not the vote they have to take, and the boat they have to take is one way this bill, which repeals the taxes, the greatest entitlement reform this country has ever seen, relies on and individual freedom, it does all of those things and is a great step toward a better place. It serves the American People who are trapped in these obamacare system and an underperforming medicare system. Martha seems like there is a lot of competition between the house and the senate. Already saying, forget it. You guys do it you want. If you want to bring it over, were going to basically start from scratch. You would like to see the repeal passed in the house and then begin the replaced part in the senate . Is that right . I think if they totally repeal it and replace it with what they have in the house, conservatives would like that. I dont think they have to do a twopart bill. The house isnt constrained by the same rules. The parliamentarian actually telling some senders i saw a tweet from one of them no, i havent made a ruling yet on whether we can get rid of those regulations. Pass it in the house and take it to the senate and see what you can get paid by the way, those regulations that they are leaving in are responsible for 40 , 50 of the increase due to the obamacare. So they are leaving in the big increases that everybody is paying for, and it is disingenuous to say, well, they are going down a little bit but in a couple years they will start up again. Suppose we talked to a roomful of people in North Carolina last night, i asked them, do you like the paul ryan version art rand paul version. A couple of hands for each one. I said, do you really not understand what this is about and how it is going to affect you . Pretty much every hand in the room went up. Its really heartbreaking. Very difficult, i think, for people to wrap their arms around. Number one, they want the costs to go down and want more choice, right . Doug, can you promise them with this bill that exists, the paul ryan bill, for lack of a better term, that they will be able to have both of those things . Their costs will go down . They will feel it, see the difference, and have more choice . I think that is absolutely right. Some of the Research Done by a Nonpartisan Group shows immediate premium reductions from this. We have seen the ability of the states to take over a lot of the regulation, gives us a lot more flexibility and choice for individuals. And i have little doubt about that. I think there is a fantastic future. The issue in the kinds of things being posed is, they want to have it both ways, senate one way, they want the vote they want. In the end, the house and senate have to vote on the same bill. Have to stretch from the Freedom Caucus to susan collins. I think you have to start with the assumption that youre going to have a bill and get there from there. Weve got to go. Thank you very much, good to see both of you tonight. Also tonight, the death toll in the london terror attack rising at this hour. We are learning more now about the suspected killer and his very troubled past. I had come out we are going to take you to london live for the latest on that. Plus, the confirmation hearings for judge neil gorsuch are over. But the real fight is about to begin as the democratic leadership in the senate makes a surprising decision to filibuster this highly popular nominee. 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