tv Justice With Judge Jeanine FOX News May 6, 2018 12:00am-1:00am PDT
jeanine." ♪ judge jeanine: i'm jeanine pirro. thanks for being with us tonight. rudy giuliani is standing by live for an exclusive interview on "justice." i have a lot of questions for him, but first my opening statement. if you ever doubt the mission of special counsel robert mueller in the russia investigation is to secure the stealth of a sitting president, listen up. for the first time real evidence not of russia collusion, but of the mueller team's all-out war
on our president was played out in a federal courthouse in virginia. news district court judge t.s. ellis iii took no prisoners in addressing the underlying authority and intent of the special counsel. he has hand some of the highest profile snaggal security cases in this country -- national security cases in this country. he was born in bogota, colombia. served in the u.s. navy and graduated harvard. you recall that manafort stand accused by team mueller in two separate indictments of money
laundering, brain fraud and lobbying crimes when he worked for the ukrainians, not russian government. judge ellis, no friend of manafort threatened that man tort was faced with a real possibility of spending the rest of his life in prison. he told manafort given his function means as well as his international connections he posed a flight risk. but yesterday as manafort's team fought the charges. the judge accused mueller of trying to wield unfettered power. in 2017 deputy attorney general rod rosenstein signed an order to investigate russian
interference in the 016 election. in the order mueller is authorized to conduct an investigation generated by director of the fbi james comey's house intelligence test money. isn't it curious that it was rod rosenstein who wrote the 2017 memo saying jim comey should be fired, saying quote the fbi's reputation and credibility are suffered substantial damage affecting the entire department of justice. rosenstein adding, he doesn't understand comey's refusal to accept the almost universal judgment that he made serious mistakes in the handling of hillary clinton's email investigation. that comey was according to rosenstein, a textbook example of what prosecutors and agents are taught not to do.
he adds, the prosecutors from different eras and both political parties agree comey violated the rules and regulations as well as the traditions of the fbi ending that the fbi is unlikely to regain public confidential and congressional trust unless comey is gone. yet in the most of blatant display of public corruption. rosenstein appoints both comey and his friend mueller to begin an investigation generated from the disrespected tainted testimony of the same man he wanted fired. but it gets worse. the so-called russia collusion investigation is then secretly expanded by rosenstein months later. so why is this important? because rosenstein is adding more authority than we knew he
initially gave. so why does rosenstein even have so much power? he has irrefutable power. more than the president himself some would say because he convinced a dithering, unsure, unsecure, uncertain spineless, timid attorney general just appointed by the president to back off and renege on his duty to run the department of justice. lo and behold, rosenstein who has his own bias against trump rejected by trump to run the fbi, his interests though is far beyond that job. his interest is to protect his handling of the case, ultimately permitting hillary clinton to get approval to sell 0% of america's -- to sell 20% of america's uranium to russia. enter judge ellis.
he tells rosenstein's henchmen, do you even have the power to indict manafort? aren't you overstepping your authority to investigate russia collusion when you indict manafort for actions 11 years prior to the election? what does 2005 have to do with the 016 elections or the firing of james comey? the arrogance, the mueller team responds in an open courtroom to a federal judge. we have additional powers. we cannot disclose them in this courtroom because of an ongoing investigation and because it will affect national security. the judge suggests mueller's people are lying about the investigation and seeking the unfettered power to unseat our president. using manafort to sing against
donald trump. quote, come on, man, you don't care about manafort, you care about what information manafort can give you to lead to mr. trump and an impeachment. the mueller team refuels to show their authority. judge ellis demands to see the rosenstein secret memo, unredacted. the one that house republicans thought for months -- sought for months saying that information is that within the scope of that investigation. we don't want anyone with unfettered powers, said the judge. the court sums up the mueller team argument, quote, we said this is what the investigation is about but we are not bound by what we said and we are lying anyway. by saying their authority is not judicially enforceable, the mueller team is basically telling a united states federal
judge that their authority cannot be challenged through the courts. it's time to end the mueller-comey-rosenstein cabal once and for all. and that's my open. tell me what you think on my facebook, twitter and instagram, hashtag judge jeaninejoining mef new york and attorney for president trump. i would like to get your reaction to my opening statement. these special prosecutors refusing to hand over the authority for their special investigation. >> we have not been able to get that from them either. they developed that whole koaen investigation and gave it away.
i think the judge was rightfully confused about why did they give away cone and not manafort. the fact is, this plays into what my client the president of the united states has been saying for quite some time. the judge said this is a witch hunt in sum and substance. and you are quite correct, the attorney general sessions should step up and dismiss this entire investigation. judge jeanine: what we have got is an attorney general who doesn't seem to be able to step up to much. my concern is when these prosecutors go before a federal judge in a federal district courthouse and basically say we can't tell you when the judge is the one deciding the pro priority of that case and handling the case. where are we in the justice of this country and the power of
the force. >> it gives the american people what we have to dealn with day in and day out. not so much of bob mueller. but the people that work for him. they are way over the top. when you look at questions, what do you think? what do you feel? there is no evidence of collusion with the russians. gone. no evidence of obstruction of justice. everything the president did he had perfect authority to do under article 2. they want him to do a martha stewart for them. and he's not going to do that. judge jeanine: martha stewart and clemmons. but before that, i would like to talk about what happened this week. there has been and lot of discussion about what you said on this network regarding payments from michael cohen to stormy daniels. what the president knew or didn't know. can you please clear his up for
us? >> the end result is simple. that's all we are interested in. the president of the united states did not in any way violate the campaign finance law. every campaign finance expert will tell you if it was for another purpose other than just campaigns and even if it was the campaign purposes. if it was to save his family, to save embarrassment it's not a campaign donation. and second even if it was a campaign donation, the president reimbursed it fully with a payment of $35,000 a month to pay for that and other expenses. case over. that case should be dismissed by the southern district of new york. at least with regard to president trump. judge jeanine: did you misspeak or did people not interpret what you were saying. are you talking about the facts or the law. >> lawsuit and the conclusion. the facts i'm still learning.
this is 1.2 million documents. i have been in the case for two weeks. virtually one day in comparison to other people. i'm not an expert on the facts yet. i am an expert on the law. and the fact is there is no way there is a campaign finance violation. nor was it a loan it was an expenditure. this would have been made whether he was or wasn't running for president. and we can show that from the history of these two gentlemen. mr. cone has probably been the worst treated, and mr. manafort in this case. comey got offended when i said it was storm trapper tactics. i think the judge basically said that maybe a little more eloquently than i did. judge jeanine: when we talk about what happened. storm troopers going into
someone's house at 5:00 in the morning. or pulling a phone out of his hand as they did with michael cohen. when you just a pose that against the investigation of hillary clinton where she was given a warning. judge jeanine: hillary, we have to be nice to her. no under oath. no q and a. just notes. fbi 302s. and how about the report written by that phoney jim comey before he even interviews her? what the hell did he interview her for? john judge jeanine: i ran a prosecutors office, you ran a prosecutor's office. >> i hired that clown. judge jeanine: you and i both
understand there are certain things that are done and certain things that are not done. when you decide to break into someone's home or invade the attorney-client privilege, there have to be extreme circumstances. this investigation went from russia collusion to obstruction. this president article 2. now, who is chasing porn stars? why are we even going this direction? and why are we not ending this because there is no evidence that's been unearthed unless i'm missing something. >> you are not missing anything. i am in the process of getting through a third of the document. there is no evidence of any of the things you are talking about. the only crimes committed here were committed by the government which is why judge ellis is so outraged. i wouldn't be surprised if he
didn't dismiss this case the way the case of senator stevens was dismissed, unfortunately after the man died. judge jeanine: if this judge appears to be saying give me the reason for the basis for your jurisdiction. how you get an indictment. if there is no power that is connected to the 2016 election or the firing of james comey, then how can they possibly have the authority to indict manafort? why wouldn't ellis dismiss this indictment? >> they won't air it with us either over at the white house counsel's office. the judge has every right to see it. this was not statutory authority. a u.s. attorney like i was has the statutory authority. you have got to get it from rosenstein. and the judge has the right to
determine. they went beyond that. even if rosenstein attempted to give it to them. he has a right to determine that by government misconduct they have changed this case. and i believe in my heart that the supreme court will decide that. i think judge ellis probably is tough enough and strong enough to decide that himself. you have got victoria toensing, she'll take you through the presidential immunity better than i can. judge jeanine: she certainly knows her stuff. congressman ron desantis still on deck. but first i want to get more to the heart of the legal issues surrounding the mueller investigation and the president. as the mayor said, victoria toensing standing by with information you need to hear. "justice" back in a moment. mr. elliot, what's your wifi password?
wifi? wifi's ordinary. basic. do i look basic? nope! which is why i have xfinity xfi. it's super fast and you can control every device in the house. [ child offscreen ] hey! let's basement. and thanks to these xfi pods, the signal reaches down here, too. so sophie, i have an xfi password, and it's "daditude". simple. easy. awesome. xfinity. the future of awesome. judge jeanine: welcome back to "justice." a federal judge makes headlines by suggesting robert mueller may have overstepped his authority in the russia collusion
investigation. joining me is victoria toensing. i might also add you were a deputy attorney general and assistant united states attorney and you are married now to the united states attorney joe digenova. >> rudy and joe and i were in the department at the same time. we go back a few decades. judge jeanine: one of the things the left has been going ballistic about since rudy made his appearance on this network is, did rudy giuliani counsel to this president by discussing stormy daniels. did he waive the attorney-client privilege? >> this drives me nuts. i don't know where these journalists get their so-called experts. the privilege belongs to the president of the united states.
his lawyer cannot waive it for him. nobody can waive it for him. they get confused about waiving. this is what happens. anything the president does or anyone connected with the president, they start figuring out some way to criticize him. all this angst about if the privilege was waived. they think mueller is going to put rudy in the grand jury and say tell me what you learned the last two weeks? judge jeanine: the question from judge ellis in the district court in virginia. saying you are trying to get manafort to flip. is it legitimate for prosecutors to do that? >> if you know what the crime
is, i did that when we had all the evidence there was a crime and this guy was doing it and he was using low-level people to get to the drug kingpin. but we don't have a crime here. we have no idea what the crime is because no one will tell us. here is the danger of the judge telling manafort he might spend his life in prison. my client scooter libby had the same problem when comey and patrick fitzgerald went to scooter will you by's lawyers saying if you give us something about vice president cheney this will go away. but not everybody is that strong when they are looking at spending the rest of their time in prison they can do what alan dershowitz talked about, composing what the facts are. judge jeanine: can the president
even be indicted? >> he cannot. under two separate opinions, one in 1973 after nixon written by a republican justice department and 2000 written by a democratic justice department. the president cannot be indicted. but also on policy ground. the opinions, the president is busy. you cannot take a criminal process or indictment. you cannot take a criminal process to the point where the president becomes untoday pass 8ed to run the presidency. if he cannot be indicted, judge, your honor, to what purpose does mueller want to untear gait, question the president. what will he do with it? judge jeanine: i remember this from bill clinton.
he can be sued civilly but he cannot be indicted. we already went through this. >> they did do a grand jury. he testified in front of the grand jury where he lied. but that was under the independent council statute. judge jeanine: can the president be subpoenaed? >> not for these questions they have. they violate not only article 2 of the constitution but executive privilege and federal case law. so these questions are phooey, a real legal term. judge jeanine: a busy night, and we haven't even heard from the panel yet. katrina pierson from the trump
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now back to "justice with judge jeanine." judge jeanine: welcome back to "justice." it's been a busy week of developments in the mueller probe. thanks, both of you. what we have got now is a federal judge who is saying to the mueller team, hey, guy, i want to know what this expanded order is that you have that allows you to i diet a guy for something not connected to russia collusion and not connected to the 2016 campaign and not connected to the firing of james comey and these lawyers
saying no, we don't think so. >> this is an interesting exchange the judge had. rosenstein who was trump's pick for deputy attorney general gave this referral to special counsel mueller. mueller is proceeding as was authorized to do by the deputy attorney general. judge jeanine: the question is, was he authorized to go back to crimes that involve 2005 and the ukrainian government as opposed to the russian government? >> rosenstein approved of mueller going forward with this indictment against man for the* so the -- against manafort. so the answer is yes. judge jeanine: the judge is at the jurisdiction level. i don't know if you have the power to indict this guy he's
not talking about dismissing this for lack of evidence. and he's not talking about the indictment being improper. he's just arguing about the jurisdiction. katrina? >> the facts are the facts, judge. paul manafort was raided back in july 2017, and rosenstein didn't expand the scope until a month later. so the judge is right to question whether this fell within the scope of the special counsel. and it's a great day. judge jeanine: rosenstein backtracks and fills in and gives himself the authority to indict him a mow later? >> i think that's what the judge was essentially saying. he said they were lying about the intent here. and he basically just stated the
obvious, judge. the judge knows what everybody else knows, and that is this manafort case has nothing to do with the 016 campaign or russia collusion. this is a bunch of rogue agents who installed this admitted insurance policy to subvert the duly elected president of the united states, otherwise this is called a silent coup. judge jeanine: david, to respond to that, do you think that irrespective of the jurisdiction, that the evidence is there to convict? >> i think the evidence if you read the indictment is overwhelming. i'm sure you read the indictment in is substantial evidence of bank fraud by manafort going back many years. he had sketchy contacts with
pro-russian officials. he was undermining u.s. policy and ukraine why policy and hiding that money in offshore bank accounts. and he has registration act violations. so there are significant crimes he's accused of. judge jeanine: i want to you listen to me. bob mueller is nothing more than a lawyer who has access to a grand jury because he has the authority to investigate russian collusion. he doesn't have access to a grand juriy because he doesn't like donald trump. where is the russia collusion. he's investigating the russia interference in our election and related crimes. we know from this indictment he has substantial contact with
sketchy pro-russia officials in ukraine. judge jeanine: they don't indict him for being sketchy? >> he wired $13 million off the books and put it in off-shore accounts. judge jeanine: carter page is walking around free. >> this is malicious prosecution of the political opposition. these are people who do not like president trump, and they are trying to take down everyone around him hoping to catch number the crossfire. fortunately for the left, you may be able to destroy a plans character and destroy this family and take away his livelihood. but when you try to take away a man's freedom this country you have a right to due process, and this judge is getting to the bottom of it. judge jeanine: what do you think the judge is going to do, david? >> i think the judge is going to
let it go ford. the judge in the virginia action, i'm not sure. >> i think the judge is waiting to see what's in the scope of the investigation. but right now it sound flimsy. judge jeanine: thanks so much. keep can the heat on the justice department. congressman ron desantis joins me to explain what congress is doing now. new details straight ahead. been jimmy's longest.
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judge jeanine: welcome back to "justice." as we speak tonight congress is waiting for deputy a.g. rosenstein to turn over documents related to the trump investigation. joining me, one of the men on the front lines of this battle congressman ron desantis. there is a bunch of committees. you have the nunes house intelligence committee. what we now know, tell me if i'm wrong, this intel investigation by the fbi and strzok was started without any real intel. is that right or wrong. >> yes, they got access to the two pages. i haven't rated. but intel folks have. basically you had this papadopoulos tip from him popping off at a bar. there was no credible intelligence on that two-page document. this is peter strzok, the ina
news fbi agent who said we can't afford the risk of a trump presidency and need an insurance policy. judge jeanine: let's move to the house judiciary that you are on. you have been asking for 1.2 million documents for a year now. whenever you get close rod rosenstein runs to the white house to make sure people's names are redacted. how many of those 1.2 million documents do you think you have got? >> maybe a quarter of them between an agreement between the relevant chairman and rosenstein. i don't know that we received all of those yet. judge jeanine: do you want to tell me why your committee is so impotent? >> when you set a deadline the next day you need to set a contempt hearing for rosenstein.
if he doesn't turn over what you want, you hold him in contempt. judge jeanine: not you, but it's not being done. you need to do it. judge jeanine: why can't you do it? >> i support doing it. i am not a chairman. judge jeanine: therein lies the rub. >> i'm supporting chairman meadows. we need consequences. eitherwise they will trickle -- otherwise they will trickle some out and won't actually do it. another part of it are the redactions they are doing. a lot of these are not done to protect our national security. >> they tried it with a federal judge and the judge said don't laugh at me. you can't expect me to believe you have jurisdiction when you don't have prove -- proof of it.
so this guy rosenstein is running amuck. who controls him? >> i think sessions should be in charge, judge. if you look at the questions they are trying to ask the president, very few of them have anything to do with the campaign. a lot of it was transition stuff in the early months of the trump presidency. there is no reason sessions should be recused. if anything rosenstein should be recused. he wrote the memo saying you should fire comey. judge jeanine: mark mea meadows was on my show a few weeks ago and he said we'll impeach rosenstein unless we get this stuff. the next day the department of justice called and said we'll start moving this along. you guys are having the wool pulled over your eyes. you ought to just impeach the guy on get it over with.
this guy is laughing at all of us because he scared the hell out of jeff sessions. he decided to recuse himself and he still doesn't know why. >> rosenstein bumbled this from the start. he shouldn't have appointed mueller. and he seems to think he is superior to congress and even the president. judge jeanine: he is superior to congress and everyone else. did you hear what i said? >> i didn't. judge jeanine: he is superior to congress and everyone else because he's not listening to anyone else. >> that's why the accountability you talked about with meadows. and holding him in contempt. let's bring accountability to him. i think you would get documents very quickly. judge jeanine: appreciate everything you do, congressman.
judge jeanine: snoop dogg adding his 2 cents on kanye west. he took to instagram posting a photo of west saying he's all white now. that's just one of the most of outrageous things i have seen this week. here to join us is candace owens. what a delight to have you on "justice." let's talk about this whole thing about the new kanye is white. what is that about? >> let's think about this. obama becomes president and taylor swift tweets out her support of him and people call her black.
it's racist. this is a racist act. judge jeanine: he's calling him an uncle tom. judge jeanine: at the end, does he joint whole other part, everyone it's mccarthyism, isn't it? >> it's disgusting behavior. the most of rate racist things said to me on my journey toward conservatism are said by black people who refuse to let you think differently than what they decide is the proper monolith. judge jeanine: someone who is white say you can't think this way unless you are white, do they? >> it's the black people voting for the democratic party 93%. when somebody dares to think
differently, this is how they react. it's vicious and ugly. i'm upset with what snoop dogg did here. judge jeanine: it invokes a fear that if you don't join what everybody else is saying, it doesn't give the ability to think for yourself. a detroit radio station boycotted kanye west. >> we'll hashtag mute kanye on the morning bounce and we'll not play any of con yes west's music. we are banning kanye west's music from this radio station. judge jeanine: that's a descent size radio station banning kanye west because he tweeted that he likes president trump. >> it's sad and disheartening that this is the reaction he's
getting from people who once loved him because he doesn't think the way they want him to think. this is ideological slavery. they only enjoy you to the extent you celebrate their own ideas. judge jeanine: there is a mural of trump on a chiewl -- a chulaa school wall that sparks controversy. i guess it's so bad we are not going to show it. this is outside a school. with an image showing an attack on the president of the united states. >> it's unacceptable. but i don't blame the student, the parent or artists. i blame the media for making us think this is acceptable behavior. we have songs mocking the president and snoop dogg releasing songs showing the president dead.
what do you expect the response will be when they think this behavior is okay. judge jeanine: it reminds me of when they were taking a knee. they are taking a knee. they follow what they think is being taught to them or being imposed to them. >> it's sad and dangerous. let's get a democrat. you can't say this behavior is unacceptable down the line. i have to tell you something incredible. capital one has partnered with hotels.com to give venture cardholders 10 miles on every dollar they spend at thousands of hotels. all you have to do is pay with this... at hotels.com/venture. 10 miles per dollar? that is incredible. brrrrr. i have the chills. because you're so excited? because ice is cold.
don't forget to friend me on facebook, follow me on twitter and instagram. if you can't watch, society your dvr. my new book "liars, leakers and liberals" the case against the anti-trump conspiracy comes out in june but you can preorder on amazon and barnes & noble. an important programming note, when you tune in next saturday night you'll see a very special justice. i'll be host from jerusalem ahead of the embassy opening there with plans to interview
benjamin netanyahu. i'm advocating for truth, justice and the american way. the greg gutfeld show is coming up. i'll see you next saturday from jerusalem s. greg: so why does he have to be short? [cheers & applause] all right, all right, all right. stop it. the world is looking good. north korea is calming down. no isis. unemployment at its lowest in ages. trump had