chamber. thanks for inviting us into your home tonight. that's it for this "special report" fair balanced and unafraid. the story with guest host sandra smith starts right now. sandra? >> >> sandra: bret, thank you, we will take the story from here. breaking tonight, no second special counsel, at least for now. attorney general jeff sessions making that announcement just a short time ago, telling congress that his justice department is looking into serious allegations of political bias within the fbi. but a second special counsel will not be appointed until sessions decides, quote: whether any matters currently under investigation require further resources. good evening, everybody. i'm sandra smith in for martha maccallum tonight. so who is looking into these allegations of anti-trump bias at the fbi? you may remember sessions dropped a hint earlier this month right here on fox news. >> i have appointed a person outside of washington many

years in the department of justice to look at all the allegations that the house judiciary committee members sent to us, and we are conducting that investigation. >> sandra: and tonight we have a name. u.s. attorney john huber from utah is conducting the investigation. he is doing it from outside washington. it's a move some are applauding because of huber's distance from, the quote, swamp. while others want to know why a special counsel is not taking the reigns. chief news correspondent ed henry is live in washington with the late-breaking details on this. good evening, ed. >> sandra, great to see you. this could be a big deal. what the attorney general is really saying is that he does not necessarily need a special counsel right now to get to the bottom of whether fbi and justice department officials during the obama days broke any laws when they engaged in fisa abuse to spy on the trump campaign because he already has a criminal prosecutor looking at it and getting all over it. in a letter to republicans, chuck grassley, trey gowdy

and bob goodlatte, sessions is reserving the right to name a second spown beyond robert mueller down the road to hold officials at the fbi and justice department accountable. sessions is revealing for the first time he already has been quietly having that u.s. attorney john hiewbler out in utah operating, as you said, outside the beltway, using his prosecutorial powers with a broad mandate to investigate ms. conduct that could actualle.misconduct. andrew mccabe could be facing big scrutiny for not just telling the fisa judge that the anti-trump dossier was paid for by the hillary clinton and dnc. leaking to the media, his lying to investigators about that, plus those fbi text messages that have gotten so much attention. sessions writing in part, quote: i'm confident mr. hiewbleer' huber's review wl include a full complete consistent with the laws and

the facts. i receive regular updates from mr. huber and upon the conclusion of his review will receive his recommendations as to whether any matters not currently under investigation should be opened. whether any matters currently under investigation require more resources or whether any matters require the appointment of a special counsel. sessions faced heat again last night when it was revealed that the department inspector general was reviewing all of this. some critics said that official does not have prosecutorial powers. well, john huber does. sessions, as you noted, hinted at this to our own shannon bream although there are republicans like trey gowdy who want more. this is what he recently told martha. >> i think the better course is to have second special counsel. let mr. mueller keep looking at russian interference. let him keep looking at evidence of collusion. have a separate special counsel look into decisions made and not made in 2016 with respect to the bureau and the department. >> a key point is that huber was first nominated by then president obama. if he brings criminal

charges, it will have credibility. likewise, if he finds no criminal wrongdoing, it will be noted this is someone who stepped down when barack obama left office. renominated by president trump with the backing of very conservative republican senator mike lee of utah. this is a pretty big development tonight, sandra. >> sandra: thank you. here with reaction corey lewandowski former trump campaign manager currently serving as chief strategist for the trump super pac. it would be great to have you first react to this news. the attorney general deciding no second special counsel, at least for now. souter of leaving the door open. what do you think? >> look, i have to say i agree with congressman trey gowdy. a second special counsel is needed. it is warranted. while i respect the fact that attorney general sessions is moving forward with an investigation, with an individual who has prosecutorial ability here, and someone who is outside the beltway, i respect that

but all of the evidence that we have seen, as it relates to fisa abuses, as it relates to james comey giving information to a former law professor of his, to make sure that it made it into the public sphere, as it relates to andrew mccabe and the ig report waiting on. as it relates to chirac and page and all the other abuses taking place at the fbi. not included but bill clinton and the attorney general of the clinton administration -- of the obama administration, we have to make sure that a special counsel is in place. >> sandra: any time go to wide ranging time time magazine jeff sessions did as "time" magazine put it, is jeff sessions winning for donald trump as they titled it? >> well, look, i think jeff sessions is a great man. i know him very well. i have great respect for what he has done for our country. i think in this particular case and, again, i agree with trey gowdy and other members of the republican

leadership who have been able to see information that they have been concerned about and they were the ones who were asking the attorney general of the united states to appoint that second special counsel. they have more information than the general public does. when trey gowdy a person who has intimate knowledge of what has taken place of the fisa abuse system has asked for this, i think is an obligation for the attorney general to go amend appoint that second person. i know many people have called for it. we have to hold the fbi individual accountable for the abuses that they have had. >> martha: we do know that he also revealed that federal prosecutor, john huber. we will be looking into certain issues involving the fbi and the doj. here is an excerpt from that "time" magazine place the president talking about the president's loyalty. i do i want to do what he wants me to do. i feel like we are advancing the agenda that he believes. in what's good for me is it's what i believe in, too. i'm just wondering what is he trying to say there?

>> i think what, you know, what i think attorney general jeff sessions is trying to say there, the agenda that this president believes in is cracking down on illegal immigration, stopping the ms-13 gangs. those are the same things that general sessions has fought author when he was then senator sessions. i think the president and general sessions are completely aligned on the issue of stopping illegal immigration and cracking down on ms-13 gangs. >> sandra: is he going to keep his job then? >> i do. i believe attorney general sessions is going to keep his job for the foreseeable future. >> sandra: interesting. he also had this to say on the recusal which, of course, some might say the president has never really quite gotten over. i think i did the right thing, said sessions, i don't think the attorney general can ask everybody else in the department to fault rules that the attorney general doesn't follow them. has the president really been able to come around on that issue, corey? i know you speak to him often. >> as you know, i don't speak for the president, but i do think that he has been very clear, that he has been

disappointed that prior to the nomination of jeff sessions to be the highest law enforcement officer in the land as the attorney general, jeff sessions did not tell then president-elect trump that he was going to recuse himself from any potential investigation as it related to russia. look, i was on the campaign for a long period of time. then senator sessions was part of the campaign on the periphery. he endorsed candidate trump at the time. but he wasn't actively involved in the decision making of the campaign. this motion that he had to recuse himself is i still think a little foreign to a lot of people. if he was going to do that i think he should have told the president or president-elect prior to accepting the position. >> sandra: i want to move onto the shakeup inside the white house as we know today the v.a. secretary shulkin is out. the white house physician ronnie johnson -- jackson is in. you know, this is causing the media to run with this chaos inside the white house story right now. and on his way out, shulkin penned this sort of scathing

op-ed in the "new york times" where he talked about a toxic, chaotic disrespectful washington. and i'm just wondering from your view, did that look like a parting shot at the president? >> you know, i have great respect for the former v.a. secretary. and i think he actually did a fairly good job. and i think he is right. washington, d.c. is a swamp. we have been saying this now for the last 15 months. no one is giving credit to admiral jackson coming in to put a new view on the v.a. and the most important thing that we have to remember is that we're giving our veterans, the men and women who served in our military the best possible care. and while i understand that he was and is still and was and still is a active military duty officer he is going to step down from that he understands because he has friends who have retired from the military. some of the broken problems in the v.a. he will put a new light on that. he should be praised for the fact that a physician is going to be able to take over the veterans affairs administration should he be

confirmed and give a new perspective on making sure that our veterans get the best care possible. i don't know how anybody can criticize him for that. >> sandra: sounds like i don't have to ask you if you think he is the right guy for the job. i want to move on to a story that seems to be changing tonight, that is the departure of andrew mccabe, the top fbi official as we all know fired just hours before his official retirement was set to take place. he is now soliciting online donations for his legal defense fund, corey. and i will tell you something that even if you know the story you may not know now. this is the posting asking for this go fund me account, a picture of the family. his son and daughter. the family dog. a goal of 150,000 and tonight the number has been climbing. the latest 160, $1,705,000. is now climbed to. his spokesperson, melissa schwartz has put out this

statement via twitter saying the support for andrew #mccabe has been overwhelming, humbling and deeply. the need for a legal defense fund is a growing reality. please click here for info about the official andrew mccabe defense fund. your thoughts on that? >> well, he is going to need a lot more money than that just because the fact that he was fired, his worst days are not behind him. they are clearly in front of him. we are anxiously awaiting the inspector general's report which clearly delineates we believe that he lied to the inspector general. that he clearly allowed either other members of the fbi or himself to leak information. we believe that's in the report. we know that's a violation. he should be held accountable to the same standards of every other person when they speak to someone at the fbi, which if you tell them a lie, it is called a felony. you can go ask mike flynn about it and ask a whole bunch of other people. the only people who get away with it, hillary clinton, huma abedin and cheryl mills. who do they all speak to

andrew mccabe. no accountability. he needs a lot more money than $160,000 to defend himself for the lies he has told. >> sandra: you sound pretty fired up tonight, corey. >> well, look, he is deep state and there has to be accountability. the problem is these fbi agents have had no accountability and the american people deserve better. >> sandra: a lot going on and a lot of changes happening inside out white house and the news on jeff sessions tonight. a lot we were able to get to, corey. good to have you on the program tonight. >> thank you. >> sandra: thank you. up next, team trump scores a major legal victory in the stormy daniels scandal. does this mean his attorney and michael cohen are completely in the clear? constitutional law attorney jonathan turley has the answer next. plus, a former new orleans saints cheerleader fighting back after being fired over an instagram post. bailey davis will be here to tell us why she is now accusing the team of discrimination.

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>> sandra: developing tonight a legal victory.

-- president trump and his lawyer michael cohen over the $130,000 nondisclosure agreement about the alleged affair. trump's legal woes may not be over. here now jonathan turley constitutional law attorney and george washington university law professor. jonathan, thank you for coming on tonight. >> thank you. >> sandra: can this be seen as a win for the president at this point? >> this is a squirmish. it should be taken as too much of a weighty change in the case. the problem with this litigation is it began with a truly horrifically drafted agreement by michael cohen. and it was really filled with flaws that daniels' attorney has succeeded in attacking. the problem that i have is that i often tell my students you don't litigate because you can. you have to constantly ask myself what am i trying to

achieve now for my client in going forward? i don't see any intelligent design behind the president's counsel in pursuing this matter. the legal and political cost for president trump will only rise the stosh is out. story is out. mr. cohen says he wants $20 million to do on a vacation with it it's not a strategy and not putting president trump's interests ahead of his own. >> sandra: whats so d.o. that say about the legal team he was around him, jonathan. >> you can pick up how i view that mr. cohen is punching above his weight class against michael. i admit he is my former research assistant. i have good to till the only thing those two have in common is their first name. albonetti has done a wonderful job going from the defense to the offense. but, ultimately, mr. cohen agreement is going to have a hard time standing up because mr. cohen's

attorney, mr. schwartz said last night the president was never aware of the final details of the agreement or possibly the agreement as a whole. that's going to create serious problems. that would make it sound like is he not a party to this agreement. the arbitration clause seems to rest in his hands. >> sandra: i know you wrote a piece published in your blog tonight. in that piece, jonathan, you say trump faces john edwards' fate. can you explain the comparison and where you are suggesting this is heading from here? >> well, this is sort of like christmas future. it's not necessarily his future. is he going to have to show a much greater level of discipline over his counsel and his choices in the daniels case. i have never believed that collusion represented a threat to president trump. this can. people should not under estimate it. john edwards was indicted

for inkind finance violations when third parties gave money to his mistress. the problem with what was said by mr. schwartz last night when he said that trump really didn't have any knowledge of this, makes that $130,000 that cohen paid out of his own account look like an inkind campaign contribution. that's what edwards was indicted for. >> sandra: looks like and being one are two -- i don't have to tell you that are two completely different things. >> that's right. i was critical of the edwards' indictment. so your point is a good one. i still have a difficulty with this theory. but it was good enough to pull him into a court of law. the problem for president trump is that this can metastasize from a civil to a criminal matter. he doesn't want to have that happen. and i have to tell you he doesn't want that to happen with michael cohen as lead counsel. >> sandra: all right. point taken. i have only have a few seconds left. i'm sorry to put this under

your pinch. if is he your client, what do you do what are his best options? >> drop the litigation. have you nothing in this that is going to improve the situation. you get out of the litigation. and then the rest you can handle. but i don't see any reason why president trump's counsel aut would want any part of this is an san jonathan turley, interesting to get your perspective o on on that tonight, thank you. >> thank you. >> sandra: mandate to ask about citizenship on the 2020 census as the democrats fear move could put them out of power. baltimore mayor catherine pug is one of those. she joins me live next. plus a bombshell in the pulse nightclub shooting. we are just learning that the shooter's father was fbi informant. yet, omar mateen went under the radar before one of the deadliest mass shootings in u.s. history. the story and the debate

still to come. >> so can you tell me how we can easily resolve this tonight? i would like to see you come out and talk to you more. >> tell, tell the [bleep] the air strikes need to stop. >> i think that trust is becoming the most important factor. >> our responsibility is to ask the questions that are difficult and to demand answers of those people who are in power. >> with the experience i have had in working at the white house, i think i'm better able to understand what's going on behind the scenes. >> i'm part of that machinery at fox news that works so hard to make sure that not just know it first but that you know it correctly. ♪

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[girl 1] perfect! you can send a digital payment. [man] uhh, i don't have one of those payment apps. [girl 2] perfect! you have a us-based bank account, right?

[man] i have wells fargo. [girl 3] perfect! then you should have zelle! [man] perfect. [girls] perfect! [vo] the number one mobile banking app just got better. [man] does your coach use zelle, too? [boy] of course! [vo] another way we're building better every day. >> sandra: what the trump administration is trying to do is weaponize the census, so they can use it to under count people in california and other states with high immigrant population. >> we're not going to stop and we're going to defend every one of our reality to rigo make sure everyone who has made california the sixth largest economy in the united states counted. >> not a tool for hyper

partisan activity. that's what the trump administration is trying to do. >> sandra: democrats fighting back over fears that the new citizenship question on the 2020 census could put the party out of power. this has more than a dozen states plan to file lawsuits against the trump administration over census change. here now is baltimore mayor pugh a democrat task force who says the white house has politicized and compromised a process mayors rely on to deliver essential services to their cities. mayor, good evening to you. thank you for coming on the program tonight. tonight. >> good evening to you as well u. >> sandra: why do you want this question removed? >> well, let me just say when we met in february, there were 161 mayors from around the country, both democrat and republican. and we all discussed this issue around making sure that everyone in our country is counted. and, in fact, we sent a letter to our secretary to say this is not a political issue. it has not been on the

census before. why are we doing something that is not what we normally do? and when we talk about the resources that result from the count, you know, this is a count that effect us as you well know for 10-year period. everyone who is in this country should be counted so we can make sure that the resources that are needed in the communities in which they exist are shared properly. >> sandra: let me ask you a question and i take no sides on this issue. i'm just a journalist. >> okay. >> sandra: but i think it's important to get a couple things out of the way when getting your viewpoint here. do you view president trump as anti-immigrant? >> this is for me, this is not about president trump. what this is about. >> sandra: no, it's just a question because it does involve concern over citizens and status in this country and just a simple question so can i move on to ask you other questions. >> well, again, i don't have an opinion about what mr. trump is anti-or for. what my opinion is based on

is my conversation that we had as a chair of the u.s. conference of mayors. >> sandra: i will tell you why is that question, mayor. >> can i finish, please? >> sandra: sure. >> we had 161 mayors from across this country both democrat and republican who discussed this issue. we sent a letter saying please, let's be fair. let's make sure we count everyone. >> sandra: got it. >> in this country. that's what we want. that's what the letter says and we're really grateful that congress appropriated additional moneys to make sure that we do this count. so we don't want the integrity of the census to be compromised. >> sandra: i'm just wondering if that perception was not out there by some, many in your party, i wonder if this question would be an issue. what's so scary about that question? >> let me just say. this is not just about my party, the democratic party. the 161 mayors are not just democrats. they're republicans as well. they, too, have asked that

we make sure that this census is not come pry mizeed that we focus on making sure that we count everyone in this country so that resources are appropriated properly so as you well know those resources go to infrastructure, they go to schools, they go to community development and all those things are important to all of us, whether we are democrats or whether we are republicans. >> sandra: wilbur ross laid this out he said the data would help the department of justice protect the voting rights act. shouldn't we collect and have the most accurate data, accurate citizenship data in this country that we possibly can? do you have a problem with any of the other questions that are asked in that census? have you looked at all of them? >> yes. but here's my point. and here's the point of the u.s. conference of mayors. we met in february. we had another leadership meeting in march. our point is that we do not

want the census to be politicized. we don't want people under counted in this country. the statue of liberty that stands in the harbor of new york. >> sandra: i think people are just trying to understand, mayor. with all due respect, mayor, i think people are just trying to understand from your viewpoint how this has been politicized. why is this -- why is this a political decision to you? why is this question a political choice by this administration? how are you coming up with that? >> well, i don't know that -- first of all, i don't know that it's a political choice for this administration. i think you brought up the question early on you said do i -- what did i think of trump's opinion of immigrants and that was not a spartan of the response that i was giving you. my response is based on my meeting in february with the u.s. conference of mayors and, again, our leadership meeting in march. this was not about political party. and, in fact, if you look at the manipulat membership u.s. conference of mayors we came

to the conclusion that this is not an appropriate question for the census. that we ought to be focused on making sure that we count everyone in this country because they corinth to the economic fiber of our society. san isn't a administration says they have tested these questions and the census bureau has tested these questions. there is no evidence or no definitive empirical support to believe the case that you all are in this. we will see where this goes, mayor. thanks for coming on tonight. >> we look forward to it thank you so much. >> thank you, mayor pugh from maryland. up next, shocking new revelations in the pulse nightclub shooting as we learned the fbi had actually considered making shooter omar mateen an fbi informant before the shooting. tammy bruce and former fbi official terry turchie debate the bureau's handling of one of the deadliest shootings n u.s. history next. plus, this a former nfl cheerleader calling out what she says is hypocrisy in the sport.

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connections to al qaeda. he also said that he was a member of hezbollah. when this was reported to us, the fbi's miami office opened a preliminary investigation. and over the next 10 months we attempted to determine whether he was possibly a terrorist. we closed the preliminary investigation. two months later, in july of 2014, the killer's name surfaced again in an indirect way. our investigation again turned interview the killer to find out whether he had any significant contacts with the suicide bomber al nasra. determined that he did not. i don't see anything in reviewing our work that our agents should have done differently. >> sandra: joining me now tammy bruce of the "washington times" columnist and fox news contributor and terry turchie deputy sent a director of the fbi counter terrorism division. thank you to both of you for joining me tonight. tammy, i want you to sort of set this up for us. these are amazing refusings. >> therefusings -- revelations.

what we learned this last weekend while the noor salman trial was going on, the widow of the shooter. it was revealed that the father was an fbi informant as you heard in your clip for at least 11 years. and then you have, and this is part of my question, of course in the beginning a lot of these dynamics were inexplicable when we know that the mosque of omar mateen turned him in saying he made statements that were concerning. workplace turned him in saying he was claiming all of these connections and threatened a coworker with death via al qaeda. again, associations with the family, with terrorism. and terrorist groups. all of that apparently was not enough. we wondered why there was a blind eye turned to those dynamics. but then we learned from the fbi agent that was the handler the father during this trial for the widow that he, as the happened ler of the father, was assigned to investigate the son. and in the midst of that investigation, as your clip indicated, that at one point

when he had cleared him from having any connection with terrorism, that that's when he thought maybe we should use him as an informant. >> sandra: wow. >> what we don't know is whether or not that was completed. so the questions are, why was this man assigned to investigate the son? what was the father an informant for? perhaps omar mateen was correct if the father had connections with terrorist groups, maybe the son knew of those and also had connections. lastly, was omar mateen actually then recruited? none of those questions have been answered. the father is under investigation now for wire transfers to turkey and afghanistan. leading up just to the massacre. all of these things now need clear answers to them. >> sandra: terry, those are big questions. >> well, there is a lot to unpack there. and i share tammy's frustration in everything she laid out. but, let's start with the investigation of omar mateen and kind of what comey said. first of all, the case itself was opened up just as it should have been. it was worked with the

police. i'm talking about the one from 2013 to the '14 time frame. it cop cysted of records checks. it consisted of terrorism records check. they put him on a watch list while they were working on this case. they did surveillances. they can't use or they can't create new assets or new informs, we'll say, to go and talk to him, but what they can do is use current ones and they did that they recorded some conversations. and then they eventually interviewed him. so what i'm saying here is that today on the news, especially, it's a great example we have on the one hand the fbi is in all kinds of trouble and has all kinds of criticism because they exceeded the attorney general guidelines. in this case, all i'm saying is i look at this and i swore when i was working as an fbi agent. and i watch people talk on television, wow, i'm going to be really careful, you know, thinking i know everything when i don't have the inside track. these people did everything they could, that i can see, in that investigation at that time to find out and

answer one question. is omar mateen a risk? and at that time. >> sandra: that's where you and tammy differ then. >> this is the issue. how really do you trust an investigation into the son of an informant who is with his father, knows his father, they know what's going on, and trust that you have got the same people handling the informant as investigating the son whereas in the arrest of the son would invariably put at risk the informant. you know this is a problem. this is why the american people are looking very funny at this dynamic and why all of the things that should have been huge flags and they did nothing and then the disappearance of the wife, of the widow for they allowed her to leave the state and go to california to live for a year. but this comes at a time when the fbi either through neglect like at parkland, and incompetence or in this dynamic my goodness how do you separate the two? you certainly can't. >> sandra: i want to give terry the last word here. >> okay. again, really reasonable

issues. i cannot look at this and reach the same conclusion that this looks like parkland and here is why. >> no, i'm saying it doesn't. this is different from parkland. incompetence versus knowing the players and making choices that put people at risk, sir. allowing this young man to operate freely because of the risk to his father. >> let me just say it like this. all of this finally did come out in court. i wish they would have disclosed the idea of the father as an informant. i don't understand why they didn't do that. >> that's not the issue. >> casey as lot of suspicion. >> that's not the issue. the issue is the handler of the father supposedly investigating the son, a man who killed 49 people. what you are saying we can look to other informants to get information on this young man. their father was the local informant. his father was the one who would have known. >> sandra: let's give you the last word on that, terry. >> here's the bottom line. we have these things play out in court. a judge looked at that when the information was finally disclosed. and here's what he said.

he said it has no bearing on this trial. so, he has got a lot more facts coming from inside that courtroom than any of us sitting out here. in the end, all of the fbi's work and the decisions that they make play out in a courtroom and that's where this is playing out. >> too bad for the 49 dead people. too bad for them. >> sandra: we have to leave it there. thanks to both of you for coming on tonight. still to come a former nfl cheerleader fighting pack for what she says a double standard in the league after being fired for posting a picture on social media. bailey davis is here to share her story next. ♪

>> sandra: a former nfl cheerleader fighting back after allegedly being fired over instagram post. she is claiming discrimination. in moments we will be joined by bailey davis. we start with trace gallagher with the back story. >> sandra, in recent years the nfl has certainly struggled with sexual harassment issues. now former new orleans saints cheerleader bailey davis is accusing the team of having two sets of rules, one for the players and one for the cheerleaders who are all women. the saints fired bailey davis after she posted an instagram photo in a one

piece outfit. even though her instagram account is private. the says the picture violates rules that prohibit cheerleaders from appearing lewd, seminude or in long lingerie. attending a party with saints players. the team has a policy that requires cheerleaders to avoid contact with players both in person and online. for example, cheerleaders have to block players have from their social media account. and if a cheerleader walks into a restaurant where a player is dining, she has to leave. and if she is dining in a restaurant and a player walks in, she still has to leave. the team says the rules are designed to protect cheerleaders from players preying on them. legal and lawyer and legal analyst emily compagno who herself is a former nfl cheerleader says the current legal climate may have the saints reconsidering their policies. >> five years ago it might have been different. and certainly 20 years ago it would have been

different. in 2018 and in the me too movement as the nfl is shifting position here so too should franchises and likely these policies because frankly they are outdated and likely discriminatory. >> trace: it's unclear if other nfl teams have similar rules. we know several teams have been sued by cheerleaders over wages and won thousands of dollars in settlements. chicago bears, green bay packers, pilger steelers, cleveland browns, buffalo bills and new york joins do not employ cheerleaders. the new orleans saints dismissed the allegations of discrimination and say they will fight this battle at the proper time and place. sandra? >> sandra: trace, thank you. here now former saints cheerleader bailey davis and her attorney sarah blackwell. bailey, sarah, thank you for being here tonight. >> thank you. >> thank you. >> sandra: bailey, first of all have you an inif a sta gram account a private one that you have to actually invite somebody to join and look at those photos. so you think you are only sharing this with a certain grouch people.

you post a picture. i believe it's a one piece swimsuit and what happens next. >> after i posted it, i was immediately called in to h.r. and they fired me as soon as i sat down. they said it was distasteful. it violated our code of conduct. and i had a dirty face which made it seductive and inviting players to contact me. >> were these rules that you were made aware of beforehand? >> no. the social media rules were not in place at the time. all of our accounts were open. they were not private. they were not made private until i was accused of being at a party with a player and they asked me how the players were able to find me. and i suggested maybe, you know, instagram sometimes they will message us. and they said it was immediately my fault. i had to make my account private so they couldn't find me. >> sandra: save, what's the case you are making here. >> gender discrimination on two rules. basically the nfl players are allowed to contact them. they have no prohibitions in contacting the cheerleaders, texting them, messaging

them, being in the same location as them. whereas the cheerleaders, if they are contacted by a player, they have to immediately block them and they can't respond. in that sense it's discriminatory based on gender. the other issue is, they are both representatives of the saints. the cheerleaders and the players. and because of that, they should be able to post on instagram equally the same way. the players get to use their outfits, their saints outfits for the profile picture. they can say we are saints football player. the cheerleaders have to be private. they can't use their outfit on profile picture. they can't say they are saints cheerleaders. they can't promote themselves. they can't put themselves out there to try to make that next step of what's after being a cheerleader. >> sandra: before you filed this complaint, did you take this up with the team, with the league? what avenues did you go through to try to prevent your firing? >> well, i first asked for a

meeting, they asked me to resign and i said no. i requested a meeting with human resources. and when i got in there, i didn't even have a chance to defend myself. he said the picture had gone around. they had sent it around to legal and they said it was immediate you know, grounds for immediate termination. they didn't let me say anything. and he continued to question my character and gave me a bad reputation. he can't believe that i would post something like that. i had a dirty face and kept going on and on. >> sandra: i know that you believe you should be treated like nfl personnel. should she be legally treated on the nfl rules which prohibits any form of unlawful discrimination in employment based on individual's race, color, region, sex, origin, age, disability, sexual orientation. >> she bound by those. she has had to sign she is bound by several nfl rules. that's why this complaint against the nfl and the saints. the nfl have rules that

apply to only players and have rules that apply to all other people and sometimes even players. so, yes, they apply and the discrimination, one of the aspects of gender discrimination is they have to be similarly situated. so we're not asking for equality across the board between the football players and the cheerleaders. we are only asking for it in these two places where they are similarly situated. and the thing with the saints and the nfl is it doesn't cost them a penny to fix inequality. not like they have to spend money and build a locker room or anything like that. we are asking them to do something free and right. we are asking the football players to stand up against gender discrimination in their own organization if they're so willing to stand up against racial discrimination nationwide. let them stand up and we are employinelm imploring them to sd up for this gender discrimination that happened to bailey. >> sandra: it's my understanding that you believe these rules are outdated. and two different set of rules for the players and for the cheerleaders. and you have been told that

anything beyond hello and great game are too personal? >> yes. anything passed that is considered fraternization whether you are texting them or sleeping with them. they say they don't care. it's the same. >> sandra: and i think about the pictures that you see of the nfl players on social media. >> right. um-huh. >> sandra: get put out into the media where they could be out and about and definitely with women clad and things much less than had you on. where do you think this goes from here? what do you want to see happen. >> i want to sequel rules for both of us. we're both professional athletes. we have worked hard to be professional dancers like they have to be professional athletes. and especially there is a double standard. >> sandra: thank you for coming on and telling your story tonight, emily. i know a lot of the people are following that all the best to you. wn of a new lawn. that's because roundup for lawns has arrived. wn of a new lawn. finally, there's a roundup made just for your lawn, so you can put unwelcome lawn weeds to rest.

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>> sandra: finally tonight in honor of baseball's opening day the quote comes from yankee's legend joe

dimagio. you always get a special kick on opening day no matter how many you go to. you look forward to it like birthday when you are a kid. you think something wonderful is going to happen. that's the story. tucker is up next. ♪ ♪ >> tucker: good evening and welcome to tucker carlson tonight. we have news for you. another set of text messages between peter strzok and lisa page of the fbi have been released. the texts suggest that the strzok directly briefing the obama white house in the trump campaign. if true this, of course, would prove as false the former president's claim that he was not involved in the fbi business. byron york is chief political correspondent for "the washington examiner" he joins us tonight. byron, what do we learn from these? first of all it's not a new set of texts, this is one thing we learned. this i