that's it. thank you, governor richardson. thank you for watching. follow us on social media, @specialistsfnc on facebook and twitter. remember, 5:00 will never be the same. >> the acting attorney general fired by president trump lays out what she told the white house about the first national security advisor and russia. this is "special report" ." welcome to washington. i am bret baier. former justice department lawyer fired by president trump says she tried to warn the incoming administration about general michael flynn as national security advisor, saying he could possibly be blackmailed by the russians. she told her story today for the first time on capitol hill. president trump issued a statement before sally yates took the stand and tried to

deflect lehmann to yates and president obama. how the information was leaked, who leaked it, the unmasking of names and the question about collusion, all covered today in the hearings. chief intelligence correspondent catherine herridge was at the hearing. good evening. >> thank you, the hearing wrapped 15 minutes ago with the former acting attorney general testifying that she warned the white house counsel multiple times about flynn and the potential for blackmail. >> felt like it was critical we get the information to the white house. >> testifying before a senate committee, obama administration appointees sally yates broker silence for >> the vice president was unknowingly making false statements to the public. >> she testified that she met twice in person at a phone call with the white house counsel don mcgahn because the white house said michael flynn did not discuss sanctions in december with the russians ambassador. >> we believe the russians knew

this they likely had proof of this. that created compromise, a situation where the national security advisor could be blackmailed by the russians. >> yates, who later lost her job, said the justice department felt the flynn situation was serious. speak we told them we were giving them all of this information so they could take action. >> pressed on whether president obama warned president-elect trump not to hire flynn, the white house spokesman said. >> president obama made it known he was not a fan of general flynn. general flynn had worked for president obama and was an outspoken critic. >> spicer reinforced his tweet that the obama administration gave flynn the highest security clearance. >> if anyone else was concerned, the question should be asked, what did they do. if nothing, why not?

>> another tweet about how classified information got into them media after yates briefed the white house. >> the tweet seeks for itself. >> have either of you been an anonymous source in a news report about matters relating to mr. trump, his associates, or russia's attempt to meddle in the election? >> no. >> absolutely not great >> witnesses confirmed members of the trump team were unmasking intelligence reports. >> did either of you -- classified documents of mr. trump, members of his team, unmasked. can you give us details? >> i can't. >> ms. yates. >> yes, i have. can't give you details. >> he was pressed on the conclusion there was no evidence of collusion with the trump campaign and moscow. >> i was not aware of the

counterintelligence investigation. >> neither witness could explain today whether the white house blocked flynn's access. >> bret: thank you. let's talk about what we heard. senior political analyst brit hume joins us. >> the take away was after we heard this and what we heard what the justice department said about general flynn and we could see he was lying about the extent of his discussions with the russians and warned the administration about it. my take away was, they better get rid of flynn. but he is long gone. there were probably be

discussion about why it took them 18 days or something for him to be gone but in the end, what sally yates said about flynn was that he was lying to the administration and lied to the vice president, and that's what he got fired for. i don't think as a political matter that that revelation with a view that it took too long is going to make much difference. he is long gone. >> bret: you can hear from the questioning they believe the story has a lot of legs that we are at the tip of the iceberg of what they think is going to lead them to collusion, even though we don't have any evidence of it from the intelligence officials. >> we don't. and clapper was asked if he stood by his conclusion based on work done by the intelligence agencies that there was no evidence of collusion for he

said he stood by it. sally yates said she couldn't say because it was classified. it tells us nothing. she repeatedly said don't infer anything from the fact that i can't talk about it. that doesn't mean the answer is yes or no. he didn't move the ball very much. he looked like he exercised bad judgment, flynn. it didn't advance the ball much on the unmasking and not on -- not at all on collusion between russia and the trump team. >> bret: if "the washington post" doesn't do the story getting leaked information about flynn on that call, does michael flynn, is he still national security advisor? sticker that's a good question. we'll probably never know the answer. we know that the sequence of events, she issues a warning to the white house counsel. word of the warning leaks and

gets into the press. it shouldn't have, but it did. next thing you know, flynn is gone. you can make the case it looks like they wouldn't have fired him if it hadn't leaked out but we don't know that. bottom line is, he's gone. >> bret: she was fired for not going forward with the executive order, standing up against the travel ban executive order preaching was pressed on a couple -- on that a couple times today. >> she handled it well. she made the essential arguments people opposed to the travel ban and judges who have made against and have made. she held her own very well. it is nonetheless very unusual for an attorney general to refuse to represent the government's position on a particular matter, matter, particularly when the office of legal counsel has ruled it's okay.

people will be arguing about that forever. it's not a lasting matter. >> bret: how long do you think it will take before we hear some democrats say sally yates should run for office? >> in the pantheon of liberal heroes, she is right up there. i heard complaints in my twitter feed, people saying -- i don't think you can make a case for her partisanship. she conducted herself ably. >> bret: thank you. another of president trump's early moves short-circuited was argued today. at issue is what we talked about, the trump travel ban on citizens from muslim majority nations. was it about religion or national security? chief washington correspondent james rosen was in the courtroom in richmond. >> acting solicitor general jeffrey wall argued president trump's campaign statements about muslims in the meeting of his executive orders on immigration carry less legal

weight than his near total authority over immigration policy and the purportedly neutral text of the second order. speak with the president clarified over time that what he's talking about for countries and territories that have no lis to groups like isis and al qaeda. >> pamela harris said an obama appointee challenged wall when all of the targeted countries are majority muslim. >> what do you mean by neutral? >> the judge openly scoffed at the idea that president trump's statements, especially wandering the signing of the first executive order, saying "we all know what that means" reflected no animus towards muslims. >> don't we get to consider what was said here? >> representing the american civil liberties unit and, argued

that mr. trump's statements should be considered. he was forced to admit it's the president entrusted with national security determinations and judge paul niemeyer, got him to admit that absent the statements, the order might survive constitutionally. >> of some other candidate had won the election and issue this order before us, i gather you would have no problem. >> yes, your honor. i think in that case, it could be constitutional. >> where the acting solicitor general was smooth in the face of hostile question, the aclu lawyer was tentative, halting, rebuked by three different judges for failing to answer the questions. the show goes on the road to the ninth circuit court of appeals in san francisco. most analysts believe the final destination is the supreme cour supreme court. >> bret: james rosen in richmond. what do you think will happen to

the travel ban. let me know on twitter. use the hashtag #specialreport or on facebook. the president is working on getting his own judges into positions of power. kevin corke reports on a big step forward on that front. >> the president with a chance to shape american jurisprudence with the expected announcement of ten nominees to the federal bench, including a pair that could someday occupy the highest court in the land. >> ten individuals the president has chosen was chosen for their knowledge of the law and their commitment to upholding constitutional principles. >> president trump's first batch of judicial nominees contains ten judges, two candidates he previously floated for the supreme court. john larson and david's trough. larson on the michigan

supreme court being nominated for the sixth u.s. circuit court of appeals. larson is a former law clerk to antonin scalia. stross is a judge on the minnesota supreme court. he has been tapped for the eighth circuit. the judges set to fill some openings on the federal bench. 129 vacancies. over 100 openings at the district court level alone. vacancy in north carolina that has been unfilled for 11 years. >> we think about the supreme court. more than 99% of the cases are decided at the lower federal courts. these vacancies are crucial. president trump recognized it. >> it is expected that the nominees will be fast tracked.

>> you're going to be amazed at the exceptional qualifications. >> is the administration looks to fill vacancies on the federal bench, there are hundreds of administration posts unfilled, including a number of positions at the u.s. attorney's office. >> we have been tracking where we are. we are on pace with previous administrations. we are doing a great job filling key positions. >> some ahead and some behind, indeed. we learned from the press secretary today that they list of judicial nominees was created in consultation with the heritage foundation and the conservative federalist society. one of the names, neil gorsuch, where since been confirmed to the high court. >> bret: thank you. stocks up slightly.

dow gained 5. s&p 500 finished ahead. nasdaq inched up 2. former president obama imploring lawmakers to stand up for the sick and vulnerable, a veiled reference to a bill to repeal and replace his health care reform initiative and law, obamacare. he made the comments as he was honored with a profile encourage award at the kennedy center. he talked about lawmakers who lost their seats over their votes for obamacare. >> it is my fervent hope in the hope of millions that regardless of party such courage is still possible. >> bret: mr. obama made no direct reference to last week's vote, nor did he mention president trump. will have more for the repeal and replace effort by the republicans with the panel. idaho republican congressman raul labrador admitting his

statement that no one has died because they did not have access to health care is not very elegant. his exchange with a constituent occurred at a town hall event friday. >> bret: labrador released a statement saying he rejects the argument that the health care reform bill will cause people to die. overseas, afghanistan's air force is pounding isis targets following the death of the terror group's top commander. jennifer griffin is at the pentagon with specifics. >> coalition forces are currently undertaking a bombing campaign against isis, in eastern afghanistan where the

pentagon says they killed the afghan head of isis. the afghan president's office confirmed the pentagon announcement. jim mattis, en route to denmark, had this to say. >> they are on their back foot in syria, iraq, they have lost a lot of ground. they still have strengths. we have eliminated some here and the fight goes on. stick we have learned that the two u.s. army rangers killed on april 27th in eastern afghanistan. joshua rogers and cameron thomas were killed in the same raid that killed the afghan head of isis. the pentagon is investigating whether the two americans were killed as a result of friendly fire. this is the same area where the u.s. dropped the mother of all

bombs, a 21,000-pound bomb which is the largest nonnuclear bomb in the air force's arsenal. that was employed. sheikh abdul hasib is now dead. john nicholson issued the following statement. "any isis member who comes to afghanistan will meet the same fate." pentagon presenting a plan to president trump for about 3,000 more troops in afghanistan. head of u.s. special operations command, general tony thomas suggested the new strategy could include more troops and changes to the rules of engagement. >> bret: jennifer griffin live at the pentagon. defense secretary jim mattis says he owes it to the people of syria to take a close look at the russian proposal to create

safe zones for the u.s. is not a party to the agreement between russia, iran, and turkey. up next, what's next for france and europe after this weekend's big election. here is what some of our affiliates are covering. fox 5. part of a sea collapses into the east river. officials are not sure what caused the collapse or when exactly it happens. they surmised the wear and tear on the seawall combined with heavy storms. fox 32 in chicago. six people die and at least 26 wounded in weekend shootings. this city passed the 1,000 mark for gunshot victims late last month. it is nearing the horrific 200 homicide milestone according to

data from the "chicago sun-times." live look at austin, texas, from our affiliate fox 7. the big story, greg abbott signs a sanctuary cities band, let's police ask whether someone is in the u.s. legally. critics call the bill racist and divisive. there are currently no sanctuary cities in texas. that is tonight's live look outside the beltway from "special report." we'll be right back.

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medical or dental procedures. eliquis treats dvt and pe blood clots. plus had less major bleeding. both made eliquis the right treatment for me. ask your doctor if switching to eliquis is right for you. we were in a german dance group. i wore lederhosen. so i just started poking around on ancestry. then, i decided to have my dna tested through ancestry dna. it turns out i'm scottish. so, i traded in my lederhosen for a kilt.

>> bret: we know who will be france's next president. emmanuel macron defeated marine le pen. senior foreign affairs correspondent greg palkot tells

us what comes next. >> a changing of the guard and more in france. outgoing president francois hollande with president-elect emmanuel macron at a world war ii commemoration in paris. macon is the youngest french leader since napoleon bonaparte. he has never held elected office. >> unprecedented and unheard of. a new political hero in a new political landscape. >> macron's performance last night was professional, culminating a campaign that saw the former investment banker create his own party and informed platform for he won with 66% of the vote in the runoff election. his rival marine le pen got 34%. >> translator: i will do everything in the five years to come so there is no more reason to vote for the extremes anymor anymore. >> the populist le pen received 10.5 million votes. her nationalist message played well in parts ofit

hard by a stagnant economy. analysts say her tough talk contributed to her loss. she went down swinging. >> translator: i called for everyone to join us in the political fight. >> one-third of an unsettled electorate voted for no one, after rejecting the major parties in the first round. there were mixed reactions today about the macron victory. >> do you think he will do a good job? >> i hope so. >> translator: he's young. >> translator: no good. >> why ? why? >> riots last night underscore the challenges macron faces as he forms a government and tries to get his reforms through. outside of france, there was relief. pro-e.u. and pro-nato stances.

upcoming summits, macron gets to meet another outsider turned leader, president trump. president trump tweeted that he looks forward to working with french president-elect macron. transitions are fast here. the inauguration set for next sunday. then the fun really begins. >> bret: greg palkot, thank you. there could be a major shift in south korea's politics this week. voting taking place right now in their election, and he could bring about a big change. what is not changing is the north's insistence that the u.s. is behind a plot to overthrow kim jong-un. rich edson has the latest. >> four american citizens in prison in north korea. this weekend the regime announced it adjusted the --

arrested the second academic. the university says "we understand this detention is related to an investigation into matters not connected in any way with the work." detaining american citizens, and horrific treatment of substance through the trump administration says north korea is the united states primary security challenge and the u.s.'s most important ally holding an election tuesday. >> who is the president who can say what he has to say to the u.s., china, japan, and north korea. >> in march, south korea impeached and removed its president. polls show the front runner says that sanctions are in efficient. he is pushing for direct negotiations with kim jong-un. >> there will be new tensions.

that have not been there under conservative governments over the course of the past eight or nine years. >> his more conservative opponents claim that moon is soft on north korea. he and other conservatives support system the united states has installed. moon has criticized the deployment and wrote that south korea should learn to "say no to the americans." >> it is going to be harder to reverse the situation based on the fact that it's already ther there. i think that's part of the reason why the deployment was accelerated. >> there are considerations beyond the north korean threat between the united states and south korea. president trump has called the free-trade agreement between the countries horrible and threatened to terminate or renegotiate it. it would be up to the next south korean administration to take up the task. >> bret: rich edson at the

state department. thank you. senior u.s. defense official says iran testfired a high-speed torpedo yesterday in the strait of hormuz. the weapon has a range of 6 miles. the test occurred in iran's territorial waters and did not violate international protocols. iran tested the torpedo last in february 2015. the salvadore national whose conviction in a murder case was overturned has been deported. the conviction for the 2010 killing of shandra leavy thrown out after testimony came under scrutiny. he is in the custody of authorities in san salvador. it could soon cost you more to cut the cord and go with streaming for tv entertainment. local governments throughout the

country are considering a tax on services such as netflix and hulu. claudia cowan reports. >> government officials don't produce shows for hulu, netflix, amazon and other services, but that is not stopping some of looking at ways to tax them. >> local governments and their power to tax, they pop out somewhere else. >> watchdogs are wary as cities argue they are losing money. according to an analyst firm, cable and satellite companies lost more than three quarters of a million subscribers in the first three months of this year, five times more than during the same period last year. a trend meant a drop in utility taxes. glendale, california, is among those considering increasing utility user taxes which cover gas, electric, and telecom services to make up for hundreds of thousands in lost revenue.

>> to allow that there's a consistent flow of revenue that pays for the services that you as a resident expect. >> glendale is enlisting the help of cable and satellite providers to determine how such a streaming video tax might work but critics fear a slippery slope when streaming video services are taxed like gas or water. >> if you allow the city to do that, you are setting a precedent or almost anything on the internet or off the internet could be considered a taxable, under eve's ability tax that's problematic for consumers. >> chicago learn the lesson after blazing the trail in 2015, imposing a 9% levy on digital entertainment and prompting a consumer uproar. last year, pennsylvania added a 6% tax on digital downloads to help close a $1.3 billion budget cap. alabama, illinois, louisiana are considering the idea.

as our cities looking at ways to find new sources of revenue amid the cord cutting trend. consumer groups are threatening to sue, claiming it's a new tax that did not get voter approval. >> bret: claudia, thank you. the air force's secret spacecraft made quite an entrance in florida yesterday. the unmanned x-37 b landed at the kennedy space center after 718 days in orbit. there were reports of a sonic boom that rattled the central part of the state. the air force does not exactly say what the spacecraft does. this was the ship's first landing in florida. sally yates says she warned the trump team about national security visor michael flynn we will get reaction to her day of testimony when the panel joins me after a break.

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>> felt like the vice president was entitled to know that the information he'd been given that he was relating to the american public wasn't true, and that created a compromise situation, situation where the national security advisor essentially could be blackmailed by the russians. we told them we were giving them all of this information so that they could take action. the action they deemed appropriate. >> bret: sally yates, she was the acting attorney general until she was fired by president trump over the executive order on the travel ban and not moving forward with it, defending it. she is talking about warning the white house counsel about michael flynn, the national security advisor at the time. there you see december 29, obama administration announcing sanctions against russia. you have flynn speaking with the russian ambassador multiple times that day. january 26, sally yates warns the white house counsel don

mcgahn about flynn lying and saying that could potentially compromise him. february 8, flynn denies discussing the sanctions with russian officials in "the washington post" piece. he has to say he has no recollection of discussing it. february 13, flynn resigns from his national security advisor post. that is where we are. long hearing today. steve hayes, editor-in-chief of "the weekly standard," mercedes schlapp, anna palmer, and charles krauthammer. steve, thoughts on the day. what we need most in this discussion is new information. we need something to break through, we need clarity. we didn't get that today. i think what we got was more of the same. mike flynn made mistakes, exercised bad judgment. on question after question, both james clapper and sally yates hid behind classification. one would hope if this matter

continues and we are certain it will, somebody somewhere will say we need to see this stuff. the american public needs to see it. whether you are talking about transcripts of what mike flynn said in his conversation with sergey kislyak, whether you're talking about requests for unmasking, all of these things are being debated without the benefit of the public seeing what is the substantive claim. >> bret: "new york times" had a piece saying mr. obama, who had fired general flynn as head of the defense intelligence agency, told president trump he would have profound concerns about mr. flynn becoming a top national security aide. it goes on to say that flynn's name came up about personnel. the concerns were largely about his mismanagement. he goes on about warning trump about flynn. here is sean spicer today.

>> it's true that the president, president obama made it known he wasn't exactly a fan of general flynn. it shouldn't come as a surprise to anyone, given that general flynn had worked for president obama, was an outspoken critic of president obama's shortcomings. if he was truly concerned, why didn't he suspend general flynn's security clearance? why did the obama administration let flynn go to russia for a paid speaking engagement? >> i think what we are seeing is the white house pushing back on the narrative. that they thought flynn wasn't going to be a good actor for them. we start with what donald trump was trying to tweet. >> bret: general flynn was given the high security clearance by the obama administration with the fake news, talking about that and then the president tweeting "ask

sally yates under oath if she knows how classified information got into the newspapers soon after she explained it white house counsel." those questions were asked, mercedes, and they said they didn't know. >> they didn't know, and i think one of the things they kept going back to was the fact that we have to go into a classified setting to have these discussions. there are multiple story lines during the testimony. republicans honing in on the leaks of classified information in the executive order where yates said she didn't support the executive order. she thought it was unlawful and the democrats still probing, are there russian ties between the trump campaign officials and the russians? i think for yates in general, that story line of the leaks and who got the information, i think lindsey graham honed in on it to say you know, clapper, there is very few people have access to the information. he wants to get to the bottom of it. >> bret: the unmasking of the

names. there's a paper trail somewhere at the nsa of who ordered it. >> there are several story lines, in these hours and hours of hearings advanced not one of them. we learned nothing today that we didn't know yesterday. classic case of a video event that lives only to dramatize things but not to add to our fund of knowledge. we live in an age where that can sometimes work. the video of the united airlines guide. if it hadn't been on video, we never would have talked about it. because it was dramatized, it became a huge event. there is nothing that was said today that we didn't already know. the only result of these hours of hearings is that sally yates is now a democratic star and she needs to pick a state and run for the senate. she is a rising candidate for the future. her answer on the question why

did you resign at all that was exactly right. it would be nice if we had a tradition in our government where people resign on principle. you could say it was a cheap shot. she was leading three days later anyway. i don't think the iran raid in 1979 since we had a high official who resides in the administration was right to fire her. can't carry out the president's orders, you are gone. we learned zero. >> bret: if "the washington post" had not come out with this story, is michael flynn still national security advisor? >> no, because he would have screwed up on something else between then and now. >> on the question of president obama saying he warned president trump about michael flynn, that's a bit disingenuous from president obama. mike flynn was one of

president obama's harshest critics, as it relates to islamic radicalism. mike flynn was right about it. whatever you think about what he did hear her or his explanation since he was right about that. he was sounding the alarmtime ws saying al qaeda was on the run. they weren't. and mike flynn was right about that. the idea that sean spicer would say you know, the obama administration should've pulled mike flynn's clearance, can you imagine how the trump campaign would have responded? as he is campaigning? 's to go the trump campaign should have worried about vetting michael flynn, so they would have avoided this headache that they have. one of the questions that's been raised during the testimony, and i think it's worth pursuing, why did the trump administration keep flynn on from that january january 28, the 18 days? they have this information and

flynn was still attending classified briefings. >> bret: senator franken posited that perhaps he was concerned about other people and other communications and he just threw that out there in the hearing, saying maybe it's one of the reasons. nobody answered. but he threw it out there. clearly that's the thinking of where the democrats are. i want to play this sound bite. this is from "meet the press." senator lindsey graham was asked whether clapper sticks by it. >> we did not include any evidence in our report, that is nsa, fbi, cia with my office, director of national intelligence, that had anything to do, any reflection of collusion between members of the trump campaign and the russians. no evidence of that included in our report. >> but does it exist? >> not to my knowledge. >> is that still accurate?

>> it is. >> my answer would require me to reveal classified information. i think director clapper said he was unaware of the counterintelligence investigation. >> bret: you have this report said to be signed off by the fbi, cia, nsa. not every -- but the intelligence giving this report and giving the conclusion they didn't have evidence of collusion. sally yates is saying i can't talk about it because there was an ongoing investigation he didn't know about. >> clapper stood by the testimony saying that the best of his knowledge, again today, it wasn't happening. it appears there was an investigation happening, for whatever reason, people weren't giving him that information. >> bret: because it was in its infancy? didn't make it into the report? seems like a big disconnect. we are well into the administration and we still

don't have evidence of collusion. it is not there yet. democrats continue to say it's fair. >> what else do they have? when you say it's not there yet, it assumes it's going to come out. what is going to come out? i don't even understand what collusion means. >> bret: knowing when wikileaks was going to be released, orchestrating the timing of the access hollywood tape, then the emails released. >> if that's what was going on, the idea we would have no evidence of it, it's highly improbable. i think it's the democrats pursuing a conspiracy theory. when i heard the senator from minnesota, franken, talking about his elaborate theory, i was thinking, who gave him the tinfoil hat? that is so way out there. it's a great theory.

he would make a great novel but show me evidence. people involved with the russians and russians involved in the election without a shred of evidence connecting them. until you get it, it's a concoction by the democrats. i am open to evidence. show it to me. >> bret: moments ago the president tweeted "sally yates made the fake media extremely unhappy. she said nothing but old news." we will wrap up on that. next up, turn of barack obama and the next steps on repealing and replacing obamacare. so beautiful. what shall we call you? tom! name it tom! studies show that toms have the highest average earning potential over their professional lifetime. see? uh, it's a girl. congratulations! two of my girls are toms. i work for ally, finances are my thing. you know, i'm gonna go give birth real quick

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>> bret: before we move on to obamacare and the former president getting involved, the

current president just tweeted again, talking about our last panel and some of the things said. he tweeted "the russia-trump collusion story is a total hoax. when will this taxpayer-funded charade and?" we will welcome president trump on the show anytime and we would love to talk to you about this. let's turn to health care. former president and speaker of the house. >> the system is failing. we are rescuing people from a collapsing system. people expect them to keep our word. >> hope current members of congress recall that it doesn't take a lot of courage to aid those who are already powerful, already comfortable, already influential. but it does require some courage to champion the vulnerable and the sick and the infirm, those

who often have no access to the corridors of power. >> bret: former president obama making a case, mercedes, first standing up and holding his namesake law in fighting these repeal and replace efforts, not mentioning president trump by name or the actual vote. >> i think americans are growing accustomed the idea that government is there to take care of them, regardless of the cost to individuals. i think where president obama is being more effective in terms of messaging, tackling the questions republicans are going to have to deal with, older americans pay more, which is how they are going to cut dedicated, and we know republican governors agree with medicaid expansion. these are the things senators will have to deal with. for president obama, he is making it his compassionate cas

case. >> bret: the case republicans have been making is that obamacare is going to fall apart. that essentially some of these states only have one choice, may be zero choices after a while, and something has to be done. >> the issue for republicans is that they spent six years same repeal and replace them they came into power and didn't have a plan. now you have the white house with their big speech, spiking the football last week, senate republicans are going to take a long time. >> bret: how long? to go i think it could be months in the making if they even take it up that all with the full senate. >> bret: susan collins from maine said that the senate is going to start from scratch. i think that's real, that they to going to start from scratch. make us senate bill, and that's going to take some time. >> if it ever gets out of the senate, they have to figure out how it corresponds with what the house passed. i think it's right. that is one of the challenges

facing republicans. they could use it to their advantage if they have hearings and bring in experts and talk about the system. paul ryan said the system is failing, and he's right. there is no denying it. what are you going to do? fix what's in place or come up with something new? >> bret: the victory is just in the house. it's going to be entirely separate in the senate. >> part of the challenge for republicans is looking to the white house for leadership. when the house pulled the bill six weeks ago and president trump says if it doesn't work, i'm going to work with the democrats, it sends a terrible signal took congressional republicans who want to know the president has their back forever. when you say i am for moving this to a more free market system or i'll work with the democrats want a single-payer system, you are sending mixed messages and it makes it harder for republicans in congress. >> bret: senator coons,

democrat. >> my guesses leader mcconnell is going to take some time and while he may pass a bill in the senate, i think he will send it to conference with the house for that conference will go on a very long time, and we won't actually see a final product until after the 2018 election. >> bret: is it possible? after the elections? you have house members who took a vote and held the line and passed this repeal and replace effort now facing reelection while it's pending? because that's what democrats would like. i don't think it's going to happen. mcconnell knows how to move the machine. making a comment on president obama's statement. it's been a full 100 days but it's nice to be reminded of why we should be grateful as a nation that he is gone. there are a lot of arguments you can make on either side about obamacare but notice how it was complete moral condescension.

the other guys are cowards because i, and the people who support me, stand with the poor and afflicted and the others are on the side of the rich and powerful. that's nonsense. with the democrats have done is practically committed political suicide. to support a measure with 17% support in the population that does what we know has to be done which is to curtail entitlement by curtailing medicaid, it's inevitable. obama had eight years. he didn't want to touch it. pretend you can say that this is something necessary, something people are entitled to, but to pretend you're the one who's advocating a courageous position when it goes completely against what the public wants, it's complete nonsense. obama do that all through his presidency, always assuming he was on the side of the angels and always the one willing to go against public opinion when it was completely the opposite.

he reminded us, reminded me, but good riddance, mr. president. >> bret: strong letter to follow. >> that's the restrained version of my reaction. >> bret: thank you, panel. what would you do on your 96th birthday? one world war ii veteran's decision next. at angie's list, we believe there are certain things you can count on, like what goes down doesn't always come back up. [ toilet flushes ]

so when you need a plumber, you can count on us to help you find the right person for the job. discover all the ways we can help at angie's list. dry mouth can affect how your mouth feels and how you feel. discover act dry mouth, specially formulated to soothe and moisturize your mouth. and try new act dry mouth spray for relief when you need it.

and try new act dry mouth spray what's the best way to get v8 or a fancy juice store?s? ready, go! hi, juice universe? one large rutabaga, with eggplant... done! that's not fair. glad i had a v8. the original way to fuel your day. >> tonight, how would you spend your 96th birthday? to have an answer? pearl harbor survivor delton walling's celebrated his 96th birthday by jumping out of a plane. world war ii veteran, no stranger to skydiving but says he's putting away his chute after this latest jump because you never know what might happen in life end. while they want to spend more time traveling and getting motivational speeches. we thank you sir for your service and happy birthday. thanks for inviting us into your home tonight and that is it for the special report.

fair, balanced, and unafraid. the story hosted by martha maccallum starts right now. >> martha: good evening, everyone. on martha maccallum and this is the story from monday may the eighth. a lot of news to get to, very busy evening including a senate hearing today on russia's election.on and last year's but we begin tonight with new developments in a horrific murder case in boston. where to go well respected doctors were found dead in their luxury apartment, one of the doctors reportedly frantically texted a friend that there was a quote gunman in the house. fox's sources out for us tonight. good evening. >> good evening marcel. viciously murdered these two successful doctors in their penthouse apartment before violent confrontat