truly good person. >> laura: best known as the original lead in dream girls on broadway, the democratic apparatus have circled the wagon until smollett is thought of a victim. >> shannon: his attorneys are speaking out tonight, we'll have more on that. thank you so much. we begin with a fox news alert, tonight empire star jesse's smollett faces jail time. smollett returns to the set of empire tonight where he reportedly earns $100,000 an episode but police say he staged a hoax about a bigoted attack because he was unhappy about his salary. uc berkeley's police want the public's health tracking down a suspect, caught on cell phone

video. how will the media treat that? another migrant caravan reportedly marching to the southern u.s. order and a brand-new picture of what customs and border protection is doing to prepare for the arrival and the democrats prepare to vote to shut down the emergency declaration. stick around for republican congressman devin nunes. i'm shannon bream in washington. a mountain of new information in the jussie smollett scandal tonight. looking at the media reaction to the latest developments but first the latest from chicago. >> after the smollett legal team came out swinging with a terse statement directed at chicago cops, it reads as follows. "today we witnessed an organized law-enforcement spectacle which has no place in the american legal system, the presumption of innocence. the bedrock of justice was

trampled on on the eve of may oral elections. mr. smollett is a man of impeccable character who solemnly maintain innocence and feels betrayed by a system that apparently wants to skip due process and proceed directly to sentencing. the chicago superintendent of police shook his head at an african-american man using symbols of race and hate as tools to further his career. he will be treated by a victim and his goal was a higher salary. >> it pissed everybody off. we have to invest a lot of resources, what i want you to understand is when you put things out there into the universe that's not actual facts, then it causes us to hao chase all that stuff. >> the brothers, no key witnesses one of them was

smollett's connection for party drugs, specifically molly. he wanted to be seen fighting back, he wanted it all caught on security camera but it wasn't and he paid the brothers with a personal check. the attorney representing him said he was expected back to shoot in the afternoon and later in the day fox news confirmed he was there. >> shannon: thank you very much. smollett returning to the chicago set of empire shortly after his release from police custody. 20th century fox television considering his options as to how to handle the situation. meanwhile, they have pulled his appearance on the popular rap battle show, dropped the mic. >> the chilling account of assault drew worldwide attention before it collapsed with harsh words from chicago's police

superintendent to accuse the actor of despicable content but also scolded the media. >> received national attention for weeks, celebrities, news commentators, and even presidential candidates weighed in on something that was choreographed by an actor. >> democratic candidates kamala harris, cory booker, and kirsten gillibrand all embraced his allegations of being beat by trump supporters shouting ""fox news @ night" country" with harris calling it a modern-day lynching. a report to the police were seriously investigating, or report, why was he hesitant to turn over his phone? they reported that too. the story picked up steam when "good morning america" gave smollett a platform with few skeptical questions. >> the attacker masked and he

said this is "maga country" and he punched me in the face. >> washington post global opinions editor regarding the heinous attack on jussie smollett, another reminder that lives have been increasingly at stake since 2015. both speed writer kevin fallon, anyone who thinks supporting you know who is tantamount to providing artillery to weaponize bigotry. cnn host don lemmon said he privately spoke to smollett every day. >> if his story isn't true, he squandered the goodwill of a whole lot of people. he even led to a lot of people if it's not true, including me

and that's not cool. >> many journalists said privately his story didn't add up from the start. they couldn't say it publicly without facts but some who tried to exploit the story should have for more facts. >> shannon: shortly after jussie smollett was indicted, she laid out the prosecution's case. >> he also stated he wanted the brothers to catch his attention by calling him an empire f and empire n. he wanted to place a rope around his neck for gasoline on him and yelled this is maga country. if there was a change in the plan in that bleach was going to be used instead of gasoline during the simulated attack. >> shannon: joining us now to debate the impact of the elaborate ruse allegedly, aesop

bolden and harmeet dhillon, welcome to you both. mike had some information there, a partial statement from the legal team saying there was a presumption of innocence. it was trampled upon by the 15 minutes or so presentation by the state's attorney prosecutor who detailed every sliver of evidence she says they have against him. his lawyers say it's not fair. >> only a defense attorney could say laying out the facts is violating the presumption of innocence. facts are facts and the facts speak for themselves. ultimately a jury will judge whether he can claim an insanity defense or that it wasn't him. or use the shaggy defense, i don't know where you can go from this. this is one of the most situations i have seen in the hate crime world and i don't see how it gets better for jussie

smollett. he's got great lawyers and i will be interested to see what their defense is going to be. >> shannon: there is talk he could face federal crimes and federal charges, there's so much more. he could be on the hook for the cost of this, 23 days the chicago pd spent, some of that could have been spread out they have a huge crime epidemic there. >> let's unpack a lot of your statement. the feds are looking at whether it was mail fraud or wire fraud in this conspiracy for this hoax, that's the first thing. secondly he's looking at three years and his penalty if he is convicted would certainly be a large fine because of the resources that chicago police department took to divert those resources to this issue.

this high-profile matter, i grew up in chicago. i was in chicago that weekend, it was ten below degrees and it's hard to imagine someone getting mugged or jumped at 2:00 a.m. in downtown chicago saying it's maga country. i looked at my wife and said it doesn't make any sense but we'll keep looking at it. one thing or two things you don't do with the chicago police department or boston or anybody else. you don't lie to them, you don't make them run, and you don't embarrass them. two of these three things occurred here and because it's a high-profile matter, the chicago police department in the states attorneys office in chicago they cross their teas and not their eyes. the defense could only be these two individuals were witnesses against jussie smollett are straight up lying.

>> innocent until proven guilty, that's how we all operate under our legal system. he even pointed to the 2020 field of presidential contenders, we heard from one of them today who initially expressed outrage over this alleged attack. senator kamala harris issued a statement saying like most of you i've seen reports about jussie smollett and i'm sad, frustrated and disappointed. at the same time we must speak the truth, hate crimes are on the rise in america. >> hate crime reporting is on the rise but hate crimes against jewish americans are up 37% in this country in the last couple of years. who are the purveyors of hate against? some of the colleagues of kamala harris are purveying that kind of hate. i think the biggest victims here of this particular offense on number one, chicago, we agree on

that. but trump supporters have been slandered and vilified and this is a tactic in the left has use used. it was a convenient way to slander and smear half of the united states with an outrageous and despicable live. she was having lunch today with the biggest race hustler in the united states and he's a perpetrator. i don't think she's in any position to give any lectures. >> i don't think her politics are her statements at all that, i think she was apologizing. this lie was despicable, this criminal act in this story was despicable, let me ask you this. what was faker what indicated that this was a fake story? >> shannon: you yourself said it was a polar vortex that hit

zero. >> chicago is not maga country. >> shannon: -- >> i don't mind 211 but let me finish a quick story. other than the story you had nothing to go on. if the politicians and celebrities that supported him, they got behind and said there's no reason to believe this is a fake story until it started to unravel. i don't blame them and we do have hate crimes that are on the rise, we do have violence at maga rallies, we can't be in denial on that. >> shannon: to paint a half or a third of this country because of the hat they wear, i think that's dangerous. we've got to leave it there. an urgent call tonight for virginia lawmakers to begin on investigation into sexual assault allegations against the lieutenant governor. the lawyers for dr. vanessa

tyson issued a statement condemning the general assembly for failing to take a closer look at her claims and those of the second woman against lieutenant governor fairfax. one of president trump's confidantes apologizing and asking for mercy, roger stone in federal court because of a social media post about the judge in his case. >> the federal judge amy berman jackson further restricted the gag order which means political operative roger stone cannot talk about the case to reporters, post on social media or use surrogates. she said he should apologize for posting an image on instagram, someone took down the post immediately and apologize for the stupid lats and judgment. he took full responsibility but also explained he was under

extreme emotional and financial stress. his consulting business and savings had dried up. if there were more issues the judge threatened to revoke, sources with the investigation tell fox news it's near the end game. there is no formal notification that the report is complete. several data points have now aligned, the new attorney general is in place and assembling a new team. during confirmation hearings, he made clear the completed report would not be released, it's up to the new attorney general to summarize the findings for the public and for congress. >> under the current regulations, the special counsel report is confidential. the report that goes public would be a report by the attorney general. >> the question is how far congress would go to maintain the entire report.

>> shannon: thank you very much. up next, traces on the case. as a 2020 presidential candidate, bernie sanders refuses to condemn nicolas maduro as the people of venezuela continue to demand a change amid suffering. >> the future of venezuela must be left to the venezuelan peopl people. >> shannon: north carolina calls for a new election as republican candidate mark harris breaks down in tears. tomorrow house democrats put into a boat their efforts to block the president's national emergency in an effort to build a border wall. g.o.p. congressman devin nunes joins us live. his chance to respond to stunning allegations made by fired fbi official andrew mccabe. it's

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>> shannon: republican senator lindsey graham criticized the decision to pull troops out of syria but tonight he's applauding the move. while the independent senator from vermont is a supporter of free and fair elections, he's not as quick to call in end to the maduro regime. >> despite the u.s. declaring nicolas maduro and a legitimate leader because of the fairness of the election and jailing and torturing of political opponents, or not senator bernie sanders declined to call him a dictator even though he's indicated president trump has dictator like tendencies, sanders also refused to call for him to step down. then on univision he was asked

if juan guaidó was the legitimate president of venezuela. >> i think what has to happen right now, i think there are serious questions about the recent election. there are many people who feel it's a fraudulent election and i think the united states is going to work with the international community to make sure there is a free and fair election in venezuela. >> sanders a self-avowed democratic socialist has been a longtime admirer of hugo chavez and the 1980s, he traveled to nicaragua and repeatedly defended the sandinistas and their leader daniel ortega even though the u.s. government supported the contras. bernie sanders also spoke well of fidel castro which came back to haunt him when a clip from him 1985 showed him singing castro's praise. >> it totally transform the society. >> have you regretted the

characterizations of daniel ortega and fidel castro in 1985? >> the key issue here is whether the united states should go around overthrowing small latin american countries. >> he went on further to not answer the question though he did tell her to cuba's advances in health care which are difficult to document. as for venezuela, there are reports nicolas maduro has closed the border with brazil to block much needed humanitarian aid but there are also signs the military is switching sides. with or without bernie sanders support, juan guaidó appears to be strengthening. >> shannon: thank you very much. there's going to be a new election in the north carolina congressional district engulfed in a scandal over voting fraud. today the republican leading the race dropped his effort to be certified as the winner. congressional seat still hanging in the balance.

>> months later, this isn't unprecedented but almost. this is the second time in modern history for a congressional redo election, the first ever in north carolina. to understand how unusual this situation is in the reasoning behind it, take a listen to the sum of the republican candidate explaining why he testified against his father. >> i love my dad and i love my mom. okay? i certainly have no vendetta against them, no family scores to settle. okay? i think they made mistakes in this process. >> you can see mark harris on video tearing up listening to his son, it all centers around allegations that an operative for harris hired a team of

people to harvest absentee ballots, paying them between two and $3 a vote. harris led in the unofficial count by 900 votes with "the new york times" reported mark harris won 61% of the absentee ballots even though registered republicans accounted for 19% of the ballots submitte submitted. the older harris was undeterred and he wanted to be declared the winner in the tight race and then this. >> neither i nor any leadership in the campaign were aware of or condones the improper activities that have been testified to. through the testimony i've listened to in the past three days, i believe a new election should be called. it has become clear to me that the public's confidence in the ninth district seat general election has been undermined to an extent that a new election is wanted. >> the older harris blamed an illness for his lapses in memory and it's unclear if he will run

in the new election and buy new, we mean totally new. new primaries, a new general election as well. it's worth noting for all the discussion of how partisan things are in washington and around the country, the state board of elections was unanimous across party lines in calling for this do over. >> shannon: we might see new faces in the primaries. current labor secretary alex acosta violated federal law when they reach an agreement in 2007 with financier and sex offender jeffrey epstein. the judge said they failed to inform dozens of his victims. jussie smollett makes bail and was released, the chicago police superintendent expresses his fury of the wasted resources submitted asked city crime epidemic. >> i just wish the families had

gotten this much attention. >> shannon: a member of a conservative organization punched in the face at uc berkeley, the attack hasn't gotten a lot of attention, where's the outrage? our panel is here to weigh in. coming up. e bonds were definitely tested. frog leg, for my baby brother don't frogs have like, two legs? so they should have two of these? since i'm active duty and she's family, i was able to set my sister up with a sweet membership from navy federal. if you hold it closer, it looks bigger. eat your food my big sis likes to make tiny food. and i'm okay with that. navy federal credit union. our members, are the mission.

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superintendent there said, there are people who are victims of gun violence every day in the city, they don't get 11,000th of this kind of information and attention on them. some stats that were put together, the "washington examiner" put together, as they investigated jussie smollett's claims, they say at least 20 murders in 134 sexual assaults were reported during the 23-day period. >> that is what is so ridiculous. the entire roster of the football team is shot but nobody hears about it, people use it as an example and that is the only way chicago is ever mentioning it. it's an example of the things media don't cover it. on the other networks it might as well not exist, it might as well be a big hole but all of those lives matter. i lived for 13 years in baltimore. unless it fits a certain intersectional framework that the left has created of the

victim and the perp it might as well not have happened that it's really sad. it devalues human life. >> we keep track of a lot of what's happening in chicago. week by week end of things come in many if not most of the victims there, why does it take a case like this to actually get everyone's attention about what is going on in chicago. >> it's an excellent question and i agree with the police superintendent, i have done a lot of work with police departments and also with violence reduction efforts. what has been going on in chicago is a tragedy. there is also a lot of hope there, there are some excellent work being done in violence reduction in chicago and i agree, you don't hear about it nearly enough. you hear once again the sensationalized stuff about the gang violence which is terrible, however in many ways it is getting better in neighborhoods where they are applying modern methods of violence reduction. it's an important story we don't hear about and unfortunately i

agree, we get distracted by sensation again and again. the smollett case has a celebrity, gender identity, race and political division all wrapped up into an explosive ball. >> shannon: knowing the problems in chicago it was one of the things the police superintendent said as well. he's so angry a man who was a member of these classes needs protection needs to have a voice that he would then leverage those things to actually gain attention for himself when there are actual victims out there. >> we mentioned how many resources detectives, beat cops, and investigative tools were taken off the gang crimes and what have you to investigate this hoax. as you mention, intersectional he it touched every single box. some of the media but certainly celebrities and political candidates, folks whose narrative they wanted to promote, it fit for them and it became cannon fodder in the broader culture war. >> the thing that makes it so appealing to the media was a

thing that helped bring it down. he went on the victimhood buffet and picked up a piece of every perp and every perfect narrative piece. he had a full plate, it was everything in one story but it's a little bit too convenient and it started to fall apart. >> shannon: something that's not getting as much attention, you have seen it on fox today and a limited number of other outlets. the attack on uc berkeley's campus that was caught on cell phone camera. dana loesch talked about this, three reports people attacked wearing red maga hats, another kid punched for being conservative. just this week, jussie smollett wanted to exploit this ridiculousness for a bigger paycheck. we are hoping the person in this video is brought to justice because there are good shots of his face and apparently you always want to know the rest of the story but there was a punch thrown there. >> we do want to know the rest of the story.

still in the smollett case and i would point out it's not okay to rush to judgment with the smollett case or the covington catholic kids, it shouldn't be just what the doctor ordered just to rush to judgment in this case. it's indefensible and even though i'm part of a stamford family, i will come to the defense of berkeley -- this is not representative of berkeley overall as was shown by the chancellor's very strong statement against this kind of intolerance. it's absently unacceptable. >> they usually set things on fire. >> not representative. john year was a professor at uc berkeley. >> shannon: we don't see him throwing any garbage cans. >> you don't see robert right either. >> shannon: this is a campus there has been so much fighting for freedom of speech. we know what the principle is.

>> i can go down a list of how many conservative speakers tried to come to berkeley and were disinvited because of this, the tolerance only extends to every other type of group unless you're a conservative. imagine how quickly this would go viral if this were a liberal student at liberty university, this would be going viral, it would be covington catholic all over again of the reason you're not seeing it all over twitter was because berkeley. >> shannon: as a liberty alum, i can assure you people did not get punched in the face. to our power panel tonight, think you all very much. up next, president trump's pick to lead a new panel on climate change invoking nazi germany, why is he doing that? plus is the planet really warming and if so, is there anything mankind can do about that [ soft piano music playing ]

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>> shannon: update now in the story we brought you last night. a coast guard officer who federal prosecutors called a domestic terrorist wanted to kill almost everyone on earth, that's according to court filings. the government to build its case, he's accused of being a white supremacist with a hit list of prominent democrats and tv personalities. we continue our week long look at the green new deal championed by self-described democratic socialist congresswoman alexander ocasio-cortez. we looked at what seemed to be the heart of the matter, climate change. >> there is no fixing our economy without addressing the racial wealth gap. >> for die-hard skeptics of climate change, the rollout of the green new deal with its wealth redistribution was a tip-off to an unspoken agenda. >> we always knew climate was a stalking horse for socialism.

>> even many democrats who support to climate change agenda saw the rollout as absurd. >> i've read it and i've reread it and i've asked what in the heck is this? >> you add up the promises, it's clear it's unaffordable and it's unrealistic. >> some hope more moderate voices emerge. >> the climate debate has been driven by the edges of each party. >> points to the chair of the senate energy committee pushing for technologies like carbon capture storage. >> they start to really enforce against the edges, we will continue to yell at each other. >> others question whether there's urgency at all, the 97% of climate scientists is meaningless. climatologist know the greatest scientific breakthroughs in history have broken with consensus. >> i took a real hard look at climate model output and can

demonstrate that these models are just too sensitive to carbon dioxide and the real world is not spiraling off into some dangerous territory of climate. >> novelist michael crayton once suggested another solution, he looked back to the turn of the last century when people didn't know what the radio was or an airport or a movie or a television or a cell phone or antibiotic, rocket, satellite, mri, icu, or what ibm was. he went on and on and ended with you tell me who can predict the world of 2100. models only carry the president of the future and the creative genius of individuals who bettered life in the past will do the same in the future. >> shannon: since day one, the president has said the security of the american people is his number one priority. while the debate rages on about humanity's impact on climate change, he said he's focused on potential threats to the homeland.

>> it is interesting, there is reportedly a meeting tomorrow at the white house to discuss this issue, we are hearing the man heading the new group is named dr. william happier. he's an emeritus physics professor and he comes with a lot of controversy including comparisons of environmental science to nazi germany. president trump will have a new member of his team studying the environment and whether it poses a national security threat. just this week at "the washington post" reported dr. william hammer will lead a panel called the presidential committee on climate security. he's been on the radar for some time. here he is at trump tower for a meeting in early 2017 but it's his nazi germany references that have put him in the headlines. >> demonization of carbon dioxide is just like the demonization of the under hitle hitler. carbon dioxide is a benefit to the world and so were the.

>> he said to being called the word denier in the context of climate change made him appear to be a nazi sympathizer. >> i'd like to set the record straight that it's not a pollutant, we are sitting eating out carbon dioxide. >> someone with greenpeace usa an environmental advocacy group approached about the witness table questioning his alleged financial relationship with peabody coal. >> how much of you personally taken from peabody coal? >> i haven't taken a dime. >> a national security a council member has publicly questioned the validity of man-made climate change, the new committee comes on the heels of testimony by the director of national intelligence dan coats who pointed out certain dangers of climate change. >> the post is reporting representatives of the new panel will repeat in the situation

room tomorrow. >> shannon: the democrats moving to block the national emergency declaration aimed at building the border wall, will they succeed? and what to expect when the mueller report is released. devin nunes joins us live when we return. ♪ wake up sweetie. ♪ doctor dave. ♪ here's your order. applebee's to go. now that's eatin' good in the neighborhood.

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>> shannon: house speaker nancy pelosi tonight urging house lawmakers to join her effort to shut down the president's national emergency declaration. she is expected to get the measure to a vote tomorrow. let's bring in california republican devin nunes, ranking member of the house intel committee for his take. great to have you with us, what do you think of this vote tomorrow? >> i wouldn't make much of it, this is more politics. it's going to be interesting to see if the democrats put the votes on the board. i have a funny feeling they won't get democrats to vote for it, there will be a lot of that do want border security in this country. you will get virtually no republicans. >> shannon: i want to play something from congressman gregory meeks. he says democrats have to rein in the president because he has gotten completely out of contro

control. >> the american people understand we have a president that is continually trying to divert around the constitution and as his friend kim jong un and vladimir putin, he doesn't want to follow democracy. >> shannon: your response. >> if you go back in time, the facts are the obama administration was the one that was very close to vladimir putin. if you are a member after the election, mitt romney was talking about russia being a big problem, obama said publicly that the 1980s called and wanted their foreign policy bac back. they are the ones who supported putin, not the republicans. >> shannon: there have been a lot of headlines with your name woven in as fired fbi official andrew mccabe us out and supporting a new book. i want to read a little bit of what he said, he talks about

having a meeting with the so-called gang of eight which would've included you at the time to tell lawmakers about the plan to open a counterintelligence investigation. he says devin nunes was suspected of having "given intelligence by presidential aides during the nighttime rendezvous at the house, information that was publicized publicized." he talked about he and rod rosenstein talking about -- she's not leaving. what can you tell us about that meeting? i know it's classified but what is your response? >> the first thing i would say is that any conversations that have ended that meeting are classified. if those conversations did occur, then to the department of justice should bring charges against mr. mccabe. i would also add he's a guy who has been a proven liar over time. there's no question what he has his total fake news, he's been

disproven time and time again. he has a book that is slandering me but he has a book that's not even true. you take the stuff from fake news, this whole idea that i had went to the white house to do something in the middle of the night, it was bogus all the tim time. the mainstream media can say it is many times as they want but the fact of the matter is it never happened. we are going to continue to fight this out of the public, will get the truth out. if we have to we'll take it to the courts. >> shannon: do you think he will face any legal repercussions? everyone has gotten caught up in the investigation. you are saying that's what he's doing. >> we already know from the inspector general's report that he had lied. i'm not going to get over the nuance of that. the bottom line is that even from his book, if his book is

true he should be prosecuted on that. leaking information from the gang of eight and also obstructing a congressional investigation by trying to keep me and others from receiving information. if and how much additional information did we not get that we should have gotten at the time? my guess is a whole bunch. i will make this final point. we still don't have the scope of the mueller investigation, we don't know what he's actually looking at. my guess is it's the dossier that came directly from the russian government. >> shannon: there is no mention in the mccabe book. with more caravans reportedly headed to our southern border, the government says it's getting ready, we are going to show you how. if that story in our western roundup next.

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us that would like more maple syrup, better tea and free health care? montana, stay with us. let's watch the most trusted with us from washington, i'm shannon bream. ♪ >> tucker: good evening, welcome to tucker carlson tonight the tale of victimhood is now a tale of unimaginable o uberous. charged with a felony for plotting his own assault from the beginning. investigate how this happened and why it happened.in a a close look at smollett's defenders who had misdoubts about this story. doubts any reasonable person would have had from day oneub as conspiracy theories. pierce morgan will join us too. a rundown of everything that's happened today in chicago. for that we are joined by fox news trace gallagher. trace? >> tucker, the media