♪ >> martha: good evening, everybody, i am martha maccallum and this is "the story." today, this story by journalist jane mayer titled "the case of al franken." it may become a watershed moment in america and perhaps a realization among some that maybe #metoo went a bit too far. she herself came under fire for publishing one of the most flimsy allegations against bret kavanaugh. >> the corroborating witness that you said has all the details including kavanaugh's name, where that witness come from and where that witness get the information about this from, if that person doesn't know? >> he remembers it. he was in the same dorm, the

same little building on the old campus and he remembers it clearly. i asked him -- >> did he see a? >> he heard it from someone who was there. >> martha: that was an uncomfortable moment. later that day i asked bret kavanaugh to respond specifically to the allegations that have been made in her piece. >> i never did any such thing. >> given that outcome are you surprised that the new yorker published this account? >> i'm not going to comment on the new yorker's journalistic practices, "the new york times" that they could not work operate story and so the person making the accusation have been calling around last week to other classmates indicating her uncertainty about whether i had ever done such a thing. >> martha: so now, nearly ten months later, jane mayer appears to be concerned with the fallout from similar uncorroborated reports. specifically when it comes to the former senator al franken. he was essentially run out of town for this photo and several

other claims, many of which were unsubstantiated. she writes "franken got railroaded and almost nothing is main accuser said checks out," she tweets. look at the regret now surfacing from democrats who turn to own backs on al franken. a former senate minority leader harry reid who watched the drama unfold from retirement told her it's terrible what happened to him. it was unfair. this may prove to be a dark moment in the american witch hunt animals. there are countless dead among the side of the road. more than 200 of them according to "the new york times." but it is the recklessness with which so many were ruined that should make everybody stop in their tracks. something we'll talk about here for at least five years, the importance in the united states of america that everyone receive

due process. franken later told mayer in his recent article that came out today, being on the losing side of the #metoo movement, which he fervently supports, has led him to spend time thinking about such matters as due process, proportionality of punishment, and the consequences of internet-fueled outrage. he told me, she writes, that his therapist had like in his experience to what happens when primates are shunned and humiliated by the rest of the other primates. their reaction, franken said, with a mirthless laugh is i'm going to die alone in the jungl jungle. as senator susan collins said in her famous speech announcing her vote for justice kavanaugh. "we must always remember that it is one passions are most inflamed net fairness is most in jeopardy. >> martha: so has jane mayer,

in revisiting the al franken story, begun to reevaluate her actions in the kavanaugh case as well? these two authors wrote the book on the low moment in history when america battled for decades-old fuzzy accusations and took them as fact. the rather short moment when believe all women was something that was supposed to be the standard in the sometimes quite unreliable court of public opinion. here now, mollie hemingway, "the federalist" senior editor and fox news contributor and carrie severino, judicial crisis network chief counsel and policy director, both women coauthored a very successful book out recently. justice on trial, the future of the supreme court. good to have both of you back on the program tonight. molly, let me start with you. as you listen to that and have read this jane mayer piece, what goes through your mind given all the work that you did on this book? >> i actually am very sympathetic to the case that

al franken was railroaded with these allegations, even if there was quite a bit of evidence of his bad treatment of women. jane mayer is the last person on earth should be making this case. it is not just that she ran uncorroborated, completely unsubstantiated allegation against kavanaugh, if that you also to the same thing with clarence thomas coauthoring a book called "strange justice" in which people were misquoted, it was riddled with errors. the case should perhaps be made that the #metoo movement has excessive -- jane mayer is the last person on earth who should be making that case. >> absolutely. it's shameful what she was willing to do for kavanaugh, even acknowledging they ran with the story that had no evidence -- that even on the words of the accuser and the story, she wasn't even sure of more than the fact that kavanaugh was in the room and yet they use insinuations to suggest that he'd exposed himself to her. it was a shameful scenario and i think it's discouraging to see

her selective now invocation of due process. hope one of rule of law is we have rules that apply that to everyone whether you agree with them -- it's sad to see the double standard here. >> martha: it so striking. al franken talks about how he wanted to go before the committee and to be evaluated based -- to tell his side of the story to see how it held up and that now he wishes he had sort of breaking that out as we have seen some others do in these cases, the attorney general in virginia comes to mind, ralph northam are completely different reason, people who after they watch this process play out for a while, decided i'm going to hang in there and now al franken wishes that he had buried >> i felt that way at the time. look at her previous allegations have been made against people, they usually get a chance to defend themselves. he was the victim of just infighting in the democratic party, but also, as you know, this movement, this

idea that if an allegation is made, no matter what substantiation is there or not, it -- even if there is no substantiation, it must be believed. and this is not a good standard for us for holding people, wrongdoers, accountable. it's entirely possible given that there was photographic evidence in his case and a pattern of misconduct that he might not have survived, but maybe you should've gotten -- >> martha: it's important to point out here, i've said it several times and i will say it again that there are many of these cases that are obviously completely justified and that took a tremendous amount of courage to come forward on but there has to be some sort of process of figuring out the fairness in these cases and allowing people to tell their side of the story because a lot of the stories and of diminishing the cases that are truthful and deserve to have an impact on people's future career. let's put up this quote by kristen gillibrand, in the story -- i'm not going to read the whole thing because it is very long but basically she asks christian children, part of a group of women in the senate who

basically told senator schumer we believe that he needs to resign and at one point she says she acknowledged she hasn't spoken to any of the accusers in the franken case to assess the credibility but she said i had been a leader in this space of sexual harassment and assault and it was weighing on me -- the woman who came forward felt that was sexual harassment and so it was. i would do it again today. >> i think we have to be very careful before just jumping to a conclusion based on solely one side of the story. senator susan collins quote because it's one passions are inflamed the most we have to be most careful of these things. it brings the entire #metoo movement down if we jump on every possible allegation without giving it the real respect of weighing both sides with evidence so we don't get -- as we saw with the kavanaugh -- mixed in with the real allegations we need to take

seriously. >> martha: your book is getting a lot of attention, mollie, just the last question -- does a suggestion of "the new york times" has fudged book sales status to sort of misrepresent how well your book is doing. can you just give us a quick take on that? >> number of books, we were the largest selling new hardcover nonfiction book last week. "the new york times" puts it at number six. they had to begrudgingly admit that we were a best seller but the bottom line is many people are interested in the story of the kavanaugh confirmation and what was left unreported last year. >> martha: a fascinating book. carrie severino, mollie hemingway, great to see about that today. thanks for coming in. coming up next, president trump it was the popular vote in 2020 and perhaps win electoral vote by even larger margins than last time. so should we expect a renewed push to abolish the electoral college based on that? dan bongino, katie pavlich,

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>> martha: breaking news, just moments ago the department of justice sent a letter to robert mueller, the former special counsel, instructing him that his testimony on wednesday must stay "within the boundaries of his public report." we will have more on that when we talk to judge napolitano on what he expects from robert mueller on wednesday. that's coming out. so when you hear that national polls don't matter at this point, this is kind of why. take a look at what closely watched political analyst nate cohen is now saying what 2020, that the is underwater in the national polls but he believes that based on the models from "the new york times"'s the upshot, the president trump's

position for reelection is "not quite so bleak." ." the upshot, like almost every other paul cruncher and trend watcher at hillary clinton on election day -- this is what they had buried on election day. eating donald trump by 85% -- she had an 85% chance of winning and he had a 15% chance of winning. that was what their model set on election day. now for the upshot, he's wary of predicting a loss for the president this time around. in fact he reports that the electoral win could be even bigger than in 2016 when trump had 304 electoral college votes to hillary clinton's 227. "his advantage in the electoral college relative to the national popular vote may be even larger than it was in 2016. that persistent edge leaks and closer to reelection than one would think based on the national polls but it might blunt and electoral cost of actions like his recent tweets attacking four minority congressmen."

here now dan bongino, fox news contributor. katie pavlich, news editor for townhall.com and fox news contributor and geraldo rivera year, fox news correspondent at large. katie, let me start with you, what do you about that? speak i'm glad to see the posters are realizing they were wrong at 2016 and trying to reevaluate the map, but for months we've been hearing from people in the media saying there's no way president trump is getting reelected, ignoring all of those factors that he laid out in the piece and president trump is never been afraid to go into states were he wasn't supposed to win. he wasn't supposed to win in michigan, he wasn't supposed to win in wisconsin. he went there, he got the electoral college against hillary clinton, broke on the blue wall and he's ready to do it again and democrats, when they finally picked the nominee are going to have to pick someone who is capable of keeping up with him on the campaign trail and willing to go into those areas that they've taken for granted for a very long time because the electorate has changed. if you can't take any vote for

granted. democrats have lost a lot of voters and blue-collar states and certainly trump is going to go back with his academic record and save up for me again. >> martha: he makes the point that wisconsin was the tipping point last time around. the numbers show the president to be doing fairly well there again. you've got obviously very large population in places like california, illinois, new york, but it doesn't necessarily change the electoral college game. >> yeah, i mean the piece is actually well-done and pretty pretty refreshing for someone at "the new york times." it takes a pretty open view of what's going to happen and it highlights a problem, martha, that the democrat party enmeshed right now and identity politics is going to happen. the problem is this, do you want to run up the score in california and new york, 70-30, 90-10. in a popular vote -- rack up the national popular vote and become a purely regional party because the democrats love affair with identity politics, which he highlights in the piece, that may do well in california and

new york were people of the charges of trump being a racist or whatever, these hyperbolic charges, but that doesn't play in the rest of the country. that strategy has clearly failed. mrs. clinton has shown that it failed and they need to reconcile very >> martha: geraldo, you've been very outspoken with the president's recent comments or lack of comments when the rally was underway and they were chanting "send her back." this is also part of the same piece by nate talking but the impact of using racism for political gain. there's an effort to drive out the white vote in some of these states that the president's sort of lack of coming down on them for saying that there or even any effort to really soften his own comments is playing into that on purpose for political gain. >> i think it is. it's pretty clear. in 2016 everyone talked about how the democrats were motivating the various interest

groups and how all of these different new sectors of the women and young people and other racial minorities and so forth were going to turn out to propel hillary clinton to the presidency, what they totally discounted was what the cnn commentator van jones i thought brilliantly coined the phrase "white lash." a huge uprising of all the racial minorities that were motivated in 2016, white working-class men were extraordinarily motivated. i have a very modest talk show in the town of cleveland, ohio, one of the rust belt states, a swing state that one for donald trump last time and i tell you, my callers on this whole issue of whether or not the president was race baiting or whether statements they should go back where they came from or racist, my callers are 4:1 in favor of president trump and they have very little patience for the argument that

"send her back" is something that is inherently un-american. i believe that there is the potential -- the president has the potential of running the table in these rust belt and sun belt states and the fact as dan says, california, the edges go even gigantic way for the democrat would not be enough because of the electoral college. >> can i just respond to that? >> martha: please go ahead. >> president trump is not trying to gin up white voters. he's trying to win the electoral college and to do that you have to go to certain states that democrats have been neglecting. so are democrats who have to campaign wisconsin and michigan and ohio -- are they also going to be accused of turning out white voters for the sake of ginning up racism and racial conflict? no. that's not the answer. and president trump on his record has been working on criminal justice reform which impacts minorities the most. reaching out to latino communities in florida to win the electoral college in florida. so to say that he's simply trying to win and stoke racial tensions based on race

campaigning -- >> martha: let me ask you something and i want to get dan to respond to this. it's pretty easy for him to defuse this. to say, look, i'm not talking about the color of these woman's skin. i'm talking about the policies, right? and i was thinking about it over the weekend. if he really wants to make it clear that its policy that he is angry about, why does the point the finger at bernie sanders and say you know what, i put bernie sanders in the same exact category? to make it clear that its policy, not color, that he is talking about very quickly from katie and i would like dan to respond to that. >> the people who are making this about color is people who are making assumptions about things that he did not say, and yes, your correct he could single out someone at bernie sanders, but guess what, kemal harris is also one of was embraced the same policies as the four have put on the table. they've all jumped on the bandwagon with the green new deal. they've all decided they want to get rid of private insurance, so when it comes down to the racial

issue, it seems like you get pass based on the color of your skin even if you have the same policy position. >> that may be true. >> martha: geraldo, go ahead, do you want to build on that? >> i just think it may be true that the democrats get a pass because they are black or brown, but when you tell them they have to come back from where they came from, that's a racial trope that has a lot of history and for katie to pretend the history of the southern strategy -- got to >> martha: it could've been pretty easy to undo and make it very clear you're talking about. i think that's a frustration that perhaps some people have. i'm out of time, you guys, i've got to go but we love having you and we will see you all soon. thank you very much. coming up next tonight. >> with your decisions earlier in your career to self identify on state documents as native american. i feel that that disrespected the reason why we have those

affirmative-action categories. >> martha: a bit of an awkward moment therefore elizabeth warren. we have a story exclusive with the voter who asked that question ever about her claim of native american ancestry. so was she happy with the response that she got from elizabeth warren? she's up next. >> the president likes to call my mom a liar. what are the facts say? to speak of the that you absolutely have native american ancestry in your pedigree. ♪ jardiance asks:

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♪ >> martha: 's with 2020 presidential candidate elizabeth warren says that she saw the seeds of the 2008 financial crisis before it happened and now she predicts

that another large economic crash is farming out there and she has a plan for that, as she usually does. certainly, is she right, susan, about what's coming and about how she would prevent it? >> elizabeth warren says there are a serious signs and the economy once again it should gave us three reasons why she's concerned. first, high household debt, corporate debt, and manufacturing recession. let's quickly go through each and every one of them. first, senator warren says the debt load for american families have doubled since the financial crisis, but you also neglects to point out that household wealth has jumped by over $47 trillion the past 11 years and that is usually measured against the assets, how much you all against how much you have. we measure this with household debt to gdp, which is actually lower than it was in 2008. 65% now compared to over 80% back then. what about corporate debt? warren says it's jumped 40%

since trump took office, but companies can afford it with corporate taxes cut to 21% and company profits soaring to records last year and that is only a concern when you can't pay it back. u.s. corporations have very low delinquency rates under this administration, the lowest that i could find going back to 1990 and what about that manufacturing recession? it's true that manufacturing has been slowing and senator warren promises to create more of these jobs with her to trillion dollar remanufacturing plan. however, manufacturing jobs saw the best year in more than 20 years in 2018 and economists say that a china trade deal and also lower interest rates will actually help out the manufacturing sector. as for that economic crash. we are enjoying the longest economic expansion in u.s. history. close to 11 years. growth periods usually don't last this long so there might be about here that we are due for a slow down but very few economists are forecasting a

crash. >> martha: interesting. i also think it's interesting politically that she is out there talking about this, because it isn't something that you're hearing about from a lot of the other candidates and i wonder if it may sort of cause people who are moderate, more in the middle of the political spectrum, to sort of set up and listen and pay attention because they, like most americans, have investments. >> that's right. peter teal says she is the most dangerous candidate because she is out there on the campaign trail talking about the economy. so i think you're right. >> martha: susan, thank you very much. really interesting numbers in it. good to look at, thanks, susan. so senator warren took part in a candidate forum in new hampshire last week that quickly took a turn after a long exchange, a bit of an awkward moment when she was asked about her native american heritage. watch this exchange. >> my 3-year-old twins are black so it's given me a totally different perspective on the purpose of affirmative action. my children, at age three and a

half, have already faced racism. that's why we have affirmative-action. so i struggle with your decisions earlier in your career to self identify on state documents as native american. i feel that that disrespected the reason why we have those affirmative-action categories. so how do you overcome the bridge with voters like me would like you, who like your plans, who like what you have to say, but i have concerns about your honesty? >> martha: very interesting question. joining me now exclusively is the voter who asked that question, elizabeth. former teacher from new hampshire, thank you very much for coming in tonight and talking with me. i want to play a part answer to you and then i want to ask you how you felt about the answer. let's watch.

>> even so, i shouldn't have done it. i'm not a person of color. i am not a citizen of a tribe and i've apologized for any confusion. >> martha: that's just a little piece of the answer. it went on for a long time. what was her response, what were you thinking? >> i think that if she had stopped at her initial statement she would have been a lot better off. she apologized. she admitted that she had made a mistake, but then she went on to go into more information about housing and affirmative-action, which at that point i felt like she was starting to pander to me instead of giving me an honest answer about where she made a mistake. >> martha: just clarify the point everybody home, what was the point you were trying to make about affirmative action as it applies to your family and i think we have some pictures of you with some of your kids on the campaign trail as you fill

us in there. >> yes. again, the point i was trying to make is that the reason that we have affirmative-action is to help people of color gain access to things like jobs, housing, what not. and when she chose to identify herself as a person of color, i feel like she took advantage of that. she says that she didn't receive any benefits, and i believe her when she says that, but as someone who has a similar family narrative, who had always heard that i had a native grandparent, it never occurred to me that i should put that on an official form and try to represent myself as native american. the only reason that someone would do that is to try to get a leg up, i can imagine. >> martha: you made a great point. you had a lot in common besides

your name, also the sort of misunderstanding about some of your own ancestors, so it's hard to imagine someone more suited to ask that question. how do you feel about her as a candidate now and who do you like out there? >> i would say that she is and probably in my bottom tier of candidates. i've seen 14 candidates so far in person. as seen 13 democrats and one republican. i would say that in my top -- my top tier are probably going to be your more moderate candidates like cory booker, amy klobuchar, people to judge, julian castro and kirsten gillibrand. >> martha: what about joe biden? >> i have a ton of respect for vice president biden and i think he is an amazing american but i think that we have a next generation of leaders that are out to -- that really have an

opportunity to defeat president trump. president trump does not represent my form of christian values and i would love to see either an alternative republican or a moderate democrat who would represent my christian values. >> martha: i've got to go, but just tell everyone the names of her two children before we go, because i love them. >> my son is grant roosevelt and my daughter is reagan kennedy. >> martha: [laughs] thank you very much, elizabeth. you are a very good question or end i thought the voter, so we thank you very much for being here. >> thank you. >> martha: coming up next, "the story" exclusive that is just a brutal story. this woman claims that she was brutally beaten and sexually assaulted while she was on vacation in the dominican republic. she is suing the resort for millions, but wait until you hear what happened to her as her attorneys join us next. ♪

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♪ >> martha: this is a really disturbing story from a woman that said she was violently beaten and sexually assaulted while she was at a resort in the dominican report, go public. tammy said she went out for a snack, her husband had fallen asleep, she went downstairs and suddenly she felt people grabbed her from behind. she has horrendous injuries, which she document on facebook several months later when she started to go to the point where she wanted to tell her story to people. "i went missing at 10:30 and was found over eight hours later. it was hell. this man thought he killed me, but failed. he is still out there, a predator waiting for his next victim." she has filed a $3 million lawsuit against the resort for justice and accountability. tammy's attorney victoria and john here exclusively tonight. but first, breaking his correspondent trace gallagher brings us the back story here,

much needed in this case. thank you very much. >> yeah, it happened back in january when tammy was traveling with her husband and friends and stealing at the majestic elegance resort. lawrence daly says on the night of january 29 she left her group to get something to eat in a lounge next to the building she was staying in. she remembers walking through a lobby and seeing some employees working to fix something and as she passed them she recalls hearing footsteps before being forced into a maintenance room by at least one person and being physically assaulted. watch. >> he just kept hitting and hitting and hitting and it was the worst pain ever. just unbelievable. and all i could think of was that my husband is going to find me here or he's not going to find me here, but if they find me, i'm dead. >> lawrence daly says she was choked and lost consciousness and when she came to a short time later her eyes were so swollen she could not identify

her attackers, but she does recall that she'd been moved to a different room, that her pants were down and unbuttoned and that she'd essentially been left for dead. eight and a half hours later she heard voices outside. listen. >> and i just started screaming, help me, get me out of here, please, help me, help me. they ended up getting out of there. it was very difficult because i couldn't stand, i didn't have any strength in me. >> you saw the pictures. if the medical reports say she had a fractured nose and neck, broken teeth, and severe facial injuries. the lawsuit claims the sexual abuse examination was not thorough and was done too late to provide key evidence. the resort is challenging lawrence-daley's account saying she did not make any legal accusations to the u.s. embassy and that she'd demanded more than $2 million in compensation and only when the resort said no months later did she go public with her allegations. the resort says the accusations also came amid the news of a rash of other u.s. citizens

mysteriously dying or getting sick in the dominican republic. martha. >> martha: chris, thank you very much. joining me now exclusively, tammy lawrence-daley's attorneys. good to have both of you with us. victoria, let me start with you, just to address at the very end of the piece there, these questions about why she didn't come forward sooner, why she's coming forward now with this rash of stories coming out of the dr? >> well, i think there's a plethora of reasons that would be the case for miss lawrence-daley. first and foremost, the demand process, in the legal norm, it is confidential. there is no reason she would go public during that process and in fact she was respecting the resort's privacy and they requested that she keep that private. she came forward only after they, of course, denied her request for settlement in her previous legal counsel dropped the case. she thought that she was at a loss for any remedy at that

point and that's why she came forward. >> martha: john, in terms of the evidence -- just one of those heartbreaking things that she said in that post. she said she called her is that i'm coming home but you have to know that i don't look like myself. look at these pictures. and her parents. imagine her loved ones seeing what was done to her. they must've just been absolutely grueling for everyone involved. >> absolutely. as a case, i've never seen anything like it. the evidence is unbelievable. the pictures that have been released in the public just barely scratch the surface as to the horrific beating. it's actually amazing that she did survive. it's just a testament to how strong of a woman she is. >> martha: so they took her earrings, as i understand. motivation -- how do you prove this without a lot of evidence? what happened to the evidence,

some of it was destroyed? >> that is correct. quite a bit of evidence was destroyed or conveniently lost during the time -- really before, during, and after the attack and that is obvious that from a legal standpoint, that's an issue that we are having to overcome, but outside of that, with the evidence, there's a ton of evidence that we have been able to gather and we've had to fight tooth and nail to be able to get that on our own. we are going to take that evidence and presented in the best light possible to get some recovery for her so she can move on with her life. nothing is going to make her hold but it will help. >> martha: absolutely. as she said, this person that did this to her thought she was dead. they strangle her and she became unconscious. does she have a recollection of what this person looks like, able to put together a drawing? are there any leads on this person? >> unfortunately, no. a recollection of the event are

unclear because of the amount of time that she was unconscious, regain consciousness, of course with her eyes swollen shut. the assailant was very strategic, attacked her from behind and continued to beat her and strangle her from behind. she was able to catch a glance in the beginning of him wearing a work uniform. she knows that the color of his skin was a very dark tan and he was wearing a work hat, work boots, and potentially a red bracelet, but outside of that, unfortunately, he was very strategic in his attack and we are unable to have any other evidence to support what he looks like. >> martha: keep us posted, that's quite a story and she is very bravely. victoria, john, thank you very much for being here tonight. good to see you. >> thank you. >> thank you. >> martha: good luck. tonight we've got some brand-new information that's just been coming out what we've been on the show tonight about what we can expect from robert mueller when he sits down to testify in

just a couple days. judge andrew napolitano joins me right here on "the story" when we come back. ♪ w... and ask their boss later. [do you want breakfast or no?] free cancellations! [definitely breakfast.] how good is that? be a booker at booking.com. but it's not really something yoyou want to buy.. it's not sexy... oh delicious. or delicious... or fun. ♪ but since you need both car and home insurance, why not bundle them with esurance and save up to 10%. which you can spend on things you really want to buy, like ah

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robert mueller. we've learned that the former special counsel has been prepping, which of course he would imagine. but reportedly he's going to do an opening statement, and that was not clear prior to a little while ago. the doj has not seen that statement yet, though they have sent robert mueller a letter instructing him to stay within the bounds of the report, which he has said on his own, in his own public statement, that that is exactly what he would be doing. some democrats are seeing mueller's appearance as perhaps a chance to spell more probable for the president contract and move the needle, open the door towards impeachment, but president trump has remained dismissive of that. >> you can't take all those bites out of the apple. they're wasting their time. and robert mueller -- i know is conflicted. does a lot of conflict that he's got, including the fact that his best friend is comey. he wanted the job of the fbi director, he didn't get it. and we had a business relationship where i said no and

i would say that he wasn't happy. then all of a sudden he gets this position, but you know what, he still ruled -- and i respect him for it. he still ruled no collusion, no obstruction. >> martha: a lot there to unpack. here now judge andrew napolitano, fox news senior judicial analyst. what you may, first of all, the president's, is there. >> is well on both sides of the issue. the guy's apartment he wanted a job and i didn't get it, on the other hand, he exonerated me. what we didn't see it as i'm not going to want to. i might going to watch it, i might have better things to do. of course he's going to watch it. he's got so much riding on this. if the democrats think they can accomplish, in one day for donald trump, what sam irvin and company took months to a compass with richard nixon -- admittedly in an era before cable and with a far less popular president, they're going to have to try and pull something out of the hat, something we don't know already, which is hard to believe that bob mueller would tell us something new.

so we have the 444 page report, which is like a prior statement. we have his ten minute statement, which surprised everybody, that he made in the justice department a month and a half ago. >> martha: where he had no intention of doing this and who wouldn't do it because everything had to say was already in the report. >> now we are going to have his introductory statements. so the more statement to make, the more opportunities those who are cross-examining you have to see if there are inconsistencies between what you said before and what you say now. >> martha: i thought it was very interesting that he was going to make this opening statement because that says to me that there's an opportunity to have sort of a prospective on what you're about to say and on the question that you're about to answer. so all of us who are following at word by word are going to dig into that opening statement and try to see whether or not robert mueller is trying to send a message that he come about for the presidency, but for the practice of not indicting a

president, that there was enough there. >> i am sure that that's going to be one of the questions that the democrats will ask. isn't it true that the only reason -- there's enough evidence to indict him if he were donald trump, private citizen, and isn't it true the only reason you didn't ask her boss bill barr to indict him is because of the one -- two of the three -- one of the doj opinions say you can't -- because of the opinion you chose to follow. did you show this opening statement to anybody in the doj, and if you did, did they make you change it and what did you want to say before they made you change it? that could take a half an hour right there. >> martha: if robert mueller says i would not -- the only reason that we didn't indict is because he's a sitting president, that will fly in the face of what the department of justice has said with three different meetings where he signaled that that was not the case. >> and that will provoke unbelievable response from the democrats. for them, that will be a gotcha

moment and they will run with that ball and were introduced, i think -- i don't want this to happen but i think it will try to reproduce the impeachment articles, i think in a broader and more effective way than the ones that failed last week. >> martha: that's what this is all about. >> yes, of course that's what this is about. >> martha: judge, thank you very much. >> see you wednesday. >> martha: looking forward to it. more of "the story" coming up. ♪ci aisle in stores everywhere. prevagen. healthier brain. better life. with moderate to severe ulcerative colitis or crohn's, your plans can change in minutes.

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cape cod. there you have it. that is the story on this monday july 22nd, 2019. as always, enjoy and we will see you tomorrow night. actually we will be in washington, d.c., getting ready for the mueller coverage spread on wednesday. "tucker carlson tonight" coming up next. good night, everyone. ♪ >> tucker: good evening and welcome to "tucker carlson tonight." maybe you've noticed this from watching tv in the past couple of years. when it's about tax returns or executive orders or of course russia, the left strikes and law and order post. nobody will finger wagging your faces above the law in this country. nobody. not even drumroll please, the president of the united states. >> he disrespects law and believes he's above the law. no president is above the law. >> no body ought to be above t