>> harris: got to run, thank you so much. here is "the daily briefing." >> dana: breaking news out of the justice department this afternoon, the feds dropping their investigation into onetime fbi voss on one of president trump's frequent targets andrew mccabe who was accused of lying under oath about a leak to the media and breaking at the same time out of the justice department fox news has learned attorney general william barr has howar hired an outside prosecutor for michael flynn. also we are expected to see from the president later this hour that we will see if he reacts. that's a lot to get to. i am dana perino and this is "the daily briefing."

>> i don't know if i can give you a sense of it. to have this horrific black cloud hanging over me and my family for almost the last two years, to have that finally lifted his just and unbelievable -- a relief that i am not sure i can really explain to you adequately. it's just a very emotional moment for my whole family. >> dana: that was andrew mccabe responding to the news just moments ago on cnn. the justice department released a letter sent to mccabe's lawyers saying based on the totality of the circumstances and all the information known to the government at this time, we consider the matter closed and no further details were provided they are. also comes after attorney general william barr was facing some criticism for going against his own prosecutors, shortening the recommended sentence for a long time trump ally roger stone. so a busy day at doj. we have team fox coverage, chief

white house correspondent john roberts at the white house. reporting live from the justice department, david. >> i'd say it's a busy day here friday, good afternoon to you. along two or three years, can rest easy now that he will not be charged by the department of justice. the former acting fbi director has been in the news for the past few years accused of leaking that information to reporters specifically with "the wall street journal" about the clinton foundation and then lying about that in the justice department inspector general look into the mccabe situation and lacked candor but as we see today that was not enough to charge him with any crime. played a little sound from him, here is some more. mccabe angry about what he's gone through over the past few years, listen. >> as glad as i am that the

justice department and the attorney's office finally deciding to do the right thing, it is an absolute disgrace, it took two years, but my family through this experience for two years, drew the obvious conclusion and when they could've drawn a long time ago. >> andrew mccabe has been a frequent target over the last few years, i suspect we will hear something whether it is a comment or whether it is a tweet from president trump about andrew mccabe. a big day for him today. >> dana: what about this outside prosecutor hired to look into the michael flynn case? >> this is another case that's been going along and delayed, he was supposed to be sentence at the end of this month. his trying to withdraw his plea now and just as attorney general bill barr has said that his

department from the white house makes its own decisions here, we're seeing there there is an outside prosecutor, to review the case of michael flynn. now the prosecutor from the u.s. attorney office in st. louis has been assigned to review the flynn case, a source here at the justice department that they are just taking effective look at things today, trying to withdraw his guilty plea but he has pleaded guilty twice. that sentencing has been delayed. so a lot going on between flynn and andrew mccabe at the doj. >> dana: think you so much. >> public statements and tweets made about the department and people in the department, our men and women to hear cases pending in the department and about judges for whom we have cases make it impossible for me

to do my job and to assure the courts and the prosecutors and the department that were doing our work with integrity. >> dana: president trump responding to those comments by attorney general bill barr earlier today on twitter saying he has not asked him to do anything regarding a criminal case but he does have legal authority to do so in the future. chief white house correspondent john roberts at the latest on that. >> saw the attorney general there saying to the president if you're tweeting is not helpful, it is making it impossible for me to do my job, the president so far has taken his comments under advisement. however this idea that the doj no longer is going to prosecute mccabe after the president has been saying for a couple of years now that mccabe should be in jail, no question will test the presidents patients. mentioned a moment ago that perhaps the president might tweet about this and has

restrained himself so far. we will see if that holds. the president could talk about all of this and a half hour ti time, he has also got a departure 4:00 this afternoon from mar-a-lago. they could talk then but will likely be coming out of the white house with milani and his son baron and in situations like that, he tends not to stop and talk. white house officials say the president did not know that the attorney general barr was going to say what he said in that abc interview yesterday but the president insists he is not troubled by it. he is the boss and has the final say in anything that they tweeted the president has never asked me to do anything in the criminal case. it does not mean i don't have the legal right to do so, i do but i have so far chosen not to. sources tell fox news that they complain privately to the president for weeks about tweets critical of the department,

clearly felt the need to go public with those concerns after facing a revolt inside the doj because they reduce the recommended sentence even though decided to do it before the president tweeted, tweeted he admits he covered up for the president. he is only upset that trumps tweets made the political nature of his intervention obvious. bar fools no one, is a winning accomplice to trumps attacks on the rule of law. for the most part, the news in the last 24 hours has not been about the stone sentencing and has been about the president's tweet than in and of itself as they have seen in the past could bring its own set of issues great we will see. >> dana: thank you, we will catch up with you when the president speaks in a little bit, thank you.

>> a former u.s. attorney and federal prosecutor, just give me your take by the justice department to close the investigation into andrew mcca andrew mccabe, mccabe complaining that it took two years. does that mean it was a thorough investigation? >> i guess it's disappointing for many that want to see consistency because you saw what happened with general flynn and seems like an inconsistency but let's back up a little bit and appreciated justice department that takes its time to thoroughly investigate and make the tough decisions and illustrates that he is independent, the justice department is looking at the merits and i'm okay with the justice department when they decide not to do the case. we can hope we can depoliticize the justice department. >> dana: it would be announced that bill barr has asked the

outside u.s. attorney is looking to the political prosecution, has pled guilty twice. >> the entire flynn chapter screams of politics and then you start to see what's been uncovered during the investigation. and then you have the 302 reports that there were some mistakes made in there, so i like that he is doing this. the attorney general has been around, he is strong and he is bright and he works hard, but i hope that this starts to squash the discussion that the attorney general is doing what is politically expedient. he is bringing an investigator,

you can get to the bottom to what happened in that prosecution. >> dana: on abc news and then basically saying how to do my job here and at least don't tweet so much. mitch mcconnell the senate majority leader is on special report last night, let's take a look at what he said about all that. >> lee attorney general instead is making difficult to do his job, listening to the attorney general who was an outstanding law enforcement officer, a top person in the country, while selection picking bill barr and have to listen to it. when that what was your experience as a prosecutor, did you feel you had independence that you needed to do your job? >> i am really glad that it wasn't, might be pretty difficult. is not uncommon in the executive branch, not uncommon for the

administration, the white house, the top officials to be concerned with high-profile cases. i agree with the attorney general that if there's a lot of attention, media attention on a decision like raining and some prosecutors that may have politicized the sentencing of roger stone, it is unfortunate if it tweet comes out and it makes it suggests. so i think it is a good move by the attorney general, but lets everybody settle down and keep doing what is important for this country. >> dana: you are also going to get the reward for the best possible scenery in the background of any hit on fox news today, absolutely beautiful. thank you so much, we appreciate it. we will keep tabs on the white house and any new information on the story but up next, a biotech company announcing it has discovered a coronavirus vaccine. so how long would it take before it is on the market?

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>> dana: fox news alert on the coronavirus outbreak, updating cases worldwide, here are the numbers. more than 64,000 confirmed cases across the globe, 15 of those are in the united states. benjamin hall reporting live from london with the latest. >> the big story of the last couple of days is how a number of new cases continue to rise out of china and this morning, the chinese health ministry playing some kind of damage control saying they are pointing out the 99% of these cases remained in mainland china not spreading like wildfire but is spreading still in china.

121 new deaths in the last 24 hours alone. in more than 1300 deaths altogether. the chinese government has actually enforced wartime control measures in the city. is taken so long for china to accept outside help and still, this criticism of china's overall response and their reporting of the numbers, the accusation is that the government failed to act even when scientists were aware of human to human transmission and that 5 million people were allowed to leave wuhan, the epicenter despite warnings from scientists. the u.s. is also now very concerned about north korea. although they have been insisting it has no cases, south korean news reports now saying there have been some and with such a dysfunctional public health system in that country, this could decimate them. for people on board the diamond

princess cruise ship who we've been following for the last 11 days including 400 americans, 218 tested positive for the virus but two dozen of the older passengers were being allowed to disembark. the not have a full grasp or full control of the virus and some labs working on developing a field he mentioned earlier. says it has discovered the vaccine for trials and tests, that likely won't come into public circulation until next year either but that is progress. >> dana: we have to have some more of that progress, thank you so much. let's bring in director of the national institute of allergy and infectious diseases, one of my favorite people on earth and i trust everything that you have always told me about all of this and i wonder if you think about what we know now, what are you

concerned about more about the nones or the unknowns of what we have at the moment? >> i think both of them are concerns, the thing that we know is that it has clearly adapted in a way that spreads very readily to show a very serious situation, the unknown is what's going to happen. what it's going to go. it has not been much sustained transition to person-to-person outside of china. if and when that happens, or if and when, it could happen, if you start to get that spread throughout the world, it would be very difficult to keep cases from coming into the country and having more serious situation

here then we currently have. so that is the big unknown. where is it going? it has the potential, certainly it has the potential to be a global pandemic. can we containment before it does? >> dana: congressman phil rowe from tennessee has made an appeal for the president to try to evacuate the 400 americans that are on the ship that benjamin hall just talked about that is docked in japan. he said why not get them out and get them back to this country and put them in a place where we know they are not going to be exposed to more of the virus. i know that there probably are some pros and cons to that, do you think we should try to bring them back? >> we certainly need to address the situation on the vote. i can tell you as recently as this morning and yesterday we were in deep discussions about what the best way to do that is. is not an easy thing to accomplish. many of them are elderly and it

is difficult to transport out. you bring them out and put them in a place where they are safe, they have issues with lodging, where can you put them, how can you safely get them? the bowl is to do exactly what you mentioned, to get them out of there in a safe place where they can be taken care of care of. logistically, that's a little bit difficult. but we clearly are taking that very seriously as a goal that we need to meet. >> dana: i know you're doing all you can any of that is must be working 24/7 and we are grateful for that. thank you so much, we will have you back. fox news alert and a jury has spoken in the extortion case against attorney michael avenatti, you will remember him. the verdict coming in just seconds ago and we will have it for you next. aleve is proven stronger and longer on pain than tylenol. when pain happens, aleve it. all day strong.

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>> dana: fox news alert, a jury finding a lawyer michael avenatti guilty in his extortion case involving nike. >> deliberated for almost three days before convicting the high-profile lawyer michael avenatti on three criminal counts including extortion and said he was unfairly targeted because of misrepresentation of

stormy daniels on lawsuits against president trump. prosecutors told the jury he demanded they pay him as much as $25 million to conduct an internal investigation into the company for he would hold a damaging news conference on the eve of the financial report. made improper payouts to high school athletes. at the time was representing a client who wanted nike to restore a canceled sponsorship but they used basketball program. the prosecutors say that client was unaware of his extortion scheme. in a conversation secretly recorded by authorities, will nike's lawyers to pay up for he was going to create a p.r. nightmare that would damage the company's stock price. prosecutors say he launched the shakedown scheme because he was more than $15 million in debt. his lawyers may not try to portray him as simply an aggressive attorney. they use nike's own slogan telling the jury and i quote "he

went in there to just do it for a client." at the end of the day, the jury didn't buy it. a three count conviction could get him as much as 42 years behind bars. in his legal problems are not over. he faces two more trials, another one in new york for allegedly stealing from former client stormy daniels and there is a separate 36 count indictment in california for embezzlement, tax fraud, and bankruptcy fraud. prosecutors say some of the money that was stolen from clients went for a number of things including a private jet. that's the latest at this hour, michael avenatti high-profile lawyer convicted on three criminal counts facing as much as 42 years behind bars. >> dana: maybe i could ask you a quick question. it's pretty interesting the company nike decided to tell authorities what they thought was going on and that was the beginning of this case. >> that's essentially right,

wanted some type of a settlement from nike for canceling the sponsorship of a basketball team and met with nike on the company felt he was trying to extort money, went to the feds and that's when they begin to record these conversation and the conviction today. >> dana: they have already said they are going to appeal this, you just listed all of the cases that has a lot going on, we appreciate your reporting here, and i'm going to bring back the beautiful backdrop on the phone. the jury convicting michael avenatti on three counts, the lawyer saying they will appear it. it's a really convincing case.

>> the very few appeals letter valuable once you gone to trial but keep in mind that it's going to be driven by the intended law. an flaw that means is that $25 million effort to extort out of nike will ratchet up the potential. >> dana: that is a very good point, so didn't get the money but convicted on what you are seeking to blackmail? >> that's right, so when the federal system, it's not how much you stole, it's how much you intended to steal. so that will drive it. >> dana: what about all of these other accounts that they have against him? the embezzlement, the list that david lee had was quite lengthy. his legal troubles are almost just beginning. >> they really are and there is no guarantee that convictions

for multiple counts of multiple crimes get lost together. he could be looking at depending on the judge, looking at consecutive sentences. >> dana: what else do you think about -- i think it's fascinating that nike had a hunch that michael avenatti was trying to extort them and alerting the justice department. is this a good example for what company should do when something like this they think might be going on? >> yes, companies and individuals. is always the best case, hard to get to that point because you might be revealing something that is embarrassing but it's always better to come forward and address it with authorities because then you become the victim of a crime and you are no longer treated as though you are conspiring to cover up something. >> dana: enjoy that utah sunshine and the snow in the background, i know you're out there enjoying that friday afternoon, we appreciate you calling back in. thank you so much. major development today in the

tragic death of a 6-year-old, faye swetlik. we now know who the dead man was who was discovered near the first-graders lifeless body. we will have that for you ahead. a to remind you to go in for your annual check-up, and be open with your doctor about anything you feel - physically and emotionally. but now cigna has a plan that can help everyone see stress differently. just find a period of time to unwind. a location to de-stress. an activity to enjoy. or the name of someone to talk to. to create a plan that works for you, visit cigna.com/mystressplan. cigna. together, all the way.

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so you can... retire better. >> dana: police releasing new information on the tragic death of a 6-year-old south carolina girl. the body of faye swetlik was found yesterday not far from her home just outside of columbia. a man was also found dead in the same neighborhood and cops now say he is connected to her desk. gillian turner has been following the story for us. so what is the latest on the developments of these murders? >> developing this hour, police and cayce south carolina are linking the man with the death of 6-year-old faye swetlik. in a press conference a short while ago identified the man as a 30-year-old named cody scott taylor and said he was a neighbor, but not a friend or

relative. take a listen. >> evidence in our investigation links these two. it is not faye and then a totally separate case. what i can ask you for is this, we want more information about cody taylor starting at 3:44 monday afternoon up until the time that we announce we have found his body. >> dana>> they are not claimingt taylor is responsible for faye, take a listen. >> we have no suspects at this time. we have made no arrest, and we are not seeking any persons of interest as of this time. >> so this case is growing more complicated today, yet also more opaque. >> dana: what else are we learning about faith? >> they haven't offered any

information about how they believe she died since you when i last spoke about those 24 hours ago but authorities do tell talk snooze the entire community over there in south carolina is now in mourning over her death even the vice president of mike pence spoke out about the case from south carolina yesterday saying the entire nation is impacted. >> is your vice president and as a father, let me say we were deeply saddened to receive word this afternoon that the remains of faye swetlik, a 6-year-old girl who went missing from her parents front yard just three days ago was found. >> so now we are starting to hear from her family, posted a video on facebook, a tribute to her saying you are my sunshine, really tragic. posted that just shortly before police announced her body had been found. >> dana: tragic, thank you,

appreciate it. some drug prices have gotten so high that one state is allowing people to go out of the country to buy prescription medicine. under a program in utah, state workers are allowed to go to mexico to get their medication for a number of issues. the program is only about a year to fold, one woman said she flies from salt lake city to san diego than in escort takes her to a tijuana hospital to get her medication for her rheumatoid arthritis. she says it is saving for thousands of dollars. state lawmakers across the country are trying to find ways to deal with the extreme rise in prescription drug costs. allows the state to pay a flat fee of four and on tapped amount of hepatitis c medication and the cost of medication increased by 99% from 2012 to 2016 hitting nearly x thousand dollars per person each year. now some people are trying to find ways to help. eric and erica started a

nonprofit and use their own donated frequent flyer miles of travel south of the border to buy more affordable insulin to donate to diabetics. you here with that beautiful background, thank you so much. tell us a little bit about what you're trying to do. >> i worked down in mexico they were 70, 80 or 90% cheaper than any of the pharmacies local and where they had seen an article on a boy in utah who had rationed his insulin and wanted to donate it to others and there was an insulin foundation that i got a hold of and asked if we could do anything to help. we were going to go down to

mexico anyway for other medications so if we can pick up insulin, i've done it before for a friend of ours. turning to the foundation that we wanted to start. one to expand on it. >> dana: so many states that are trying to figure out what to do and the cost of insulin being so high, essential medicine. i am boy who wanted to ration his insulin is such a terrible idea for your own individual health and i wonder if you could tell me about what do you hear from neighbors, the scope and the scale of the problem and how devastating it is for family? >> as a mother, hearing about people insulin reall rationing d deaths are common and it just really scary.

diabetics and our family, our household, but there are so many people and just outpouring of people volunteering to help in asking for help. >> dana: putting up on the screen there for everyone the cost of insulin in the united states, $360, and italy $19. obviously discrepancies and there's a lot of states that are trying to figure out how to do something but you decided to do something on your own, tell me more about your foundation. >> our idea was that a lot of people don't have extra income to give or donate but people such as myself, i am lucky enough to travel and have airline miles and hotel points and rental car days and things like that, so the trip that we just took was essentially free

for us. the foundation having people donate those miles and points where it is a nontangible item. >> dana: it is not money, but it is valuable. >> a lot of people have hundreds of thousands of points, never going to be able to spend. >> dana: the medication foundation, eric and erica, remarkable people. it is valentine's day, but is love more powerful than partisanship? we will talk about asking america about that. >> would you be married to someone of a different political party? >> oh, boy. >> dana: todd joins me, he is here up next.

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>> i am bill hemmer on a friday, stand by for that in d.c. and a great medical team and a complications inside of aging, intriguing stuff here. at that and more coming up top of the hour, bill hemmer reports on friday. >> dana: it is valentine's day and love is in the air but what about mixing love and politics? took to the streets to ask americans if they could be in a relation with someone who is part of a different political party or philosophy. >> we got some interesting answers, they ranged from the funny to some serious responses but the one thing all of america can agree on is we all love

chocolate. take a watch. could you be in a relationship with someone of a different political party? your wife is looking at you. >> i think it would be tough. >> i would think he has lost his mind. >> i think i'll call the doctor because there is something mentally wrong with him. >> i would like to say yes, that would be very difficult. >> i wouldn't be invited to her parents house very often, that's for sure. >> could you stay married to them if you switch political parties? >> up she switched parties, i would switch with her. what if one day, he came home and said look, i really like a candidate from another party, i am thinking of voting for that person. would that be the end of a 51 year marriage? >> probably. we did say for better or worse. >> how important is your

political leanings when it comes to love and marriage? one day, partner comes home and says i'm switching parties. would you be okay with that? >> i would. >> you are married to someone of a different political party. how does that work? >> not well. >> most important question, would you like some chocolate? >> absolutely. >> the horrible title i've given this young man. >> this is that best valentine's day ever. >> love is much bigger than politics when it comes to your heart. >> exactly. hopefully it is. >> love is stronger than politics in this relationship. >> i love my wife. >> so in order, politics, chocolate, then love.

that's the secret to 51 years together. >> just to clarify, chocolate boy is our college associate justin who actually has a name. now we are called college associates. >> dana: did a great job out there is maybe the best name we've ever heard. so i read on okcupid, 187% increase in profiles that mention their political affiliation in the last two years. >> that is shocking to me. i don't know what it was like when you were dating, couldn't have been a less important factor. >> dana: before i met peter, i worked on capitol hill and at that time, i don't think it's like it is today, we just used to hang out together. our bosses might argue during the day but everyone got along afterwards. >> i remember people from all sides and we all got along, it was whether we attractive. >> dana: did you contribute to

this $27.4 billion in the amount of money people pay on valentine's day? >> that is up from 20.7 last year's rank as a sign of a good economy. i see that as ridiculous but i guess i'm a hypocrite. because i guess i did. i have no idea where that arrived from. >> dana: thank you, justin and thank you todd. wishing todd a happy valentine's day. up next. liberty biberty- cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ eh, not enough fiber- chocolate would be good- snacking should be sweet and simple. the delicious taste of glucerna gives you the sweetness you crave while helping you manage your blood sugar. glucerna. everyday progress

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>> dana: welcome back. three high school girls and their family are trying to block transgender athletes from competing in girls sports. it involves these two high school athletes that have won a combined 15 state titles in track and field. the lawsuit says that biological differences put other girls at a competitive disadvantage, which could cause them to lose

scholarships. the two transgender athletes call it discrimination and say they will keep running. tyrus is here. he's a fox nation host. i understand where the girls this are suing come from. let me read to you from one of the transgender students. she says every day i train hard to work and support my teammates and make my community proud. it's painful that people want to tear down my successes but take down the laws and policies that protect people like me. a thorny issue. >> it's tough. here's the thing. i think everyone in this has a valid point but there is certain things biologically that we can't change. there's a reason why men and women compete in different sports. because men are physically bigger. if you're transgender and you have some of those male traits where you're going to be bigger, stronger, faster, it really isn't fair to girls when they

look at losing scholarships and opportunities. in a perfect world, i think the transgender should have their own competition, their own division with the same opportunities. or based off of their genetic makeup, if they have more -- i hate saying this. i feel there's no way -- if they're bigger, stronger, faster, maybe they should compete in that thing. everyone -- it's tough. >> dana: women's groups work so hard to get to equality when it comes to sports. the scholarship point is a very good one. if you're a girl that wants to compete and you're losing to a transgender student, i can see why the parents would be mat. marti martina nativatalova, she said

we ought to protect them but she got clobbered. >> this is one of those things where every one is coming from a good place. it's not like i don't want to -- it's not discrimination. it's about what is fair. equality is -- means fairness. equal opportunity across the board. if someone has genetic traits, it's an advantage. maybe it's better to compete against boys than girls. >> we'll continue to file -- >> i'd like them to have -- and i hate to say it that way. we all need to be closer groups of people. in terms of fairness or make the scholarships specific. >> dana: we'll see what the courts decide. we have a couple minutes here. so the madison metropolitan school district are doing their grades different.

like a, b, c, d. they changed it to exceeding, meeting, developing and emerging. >> right. >> dana: you get to assume that every child is on the road to excellence. how is that going to work in the real world? >> it's not. here's the thing. failing is important. it's how you pick yourself up, how you get better. meant something to me. i'm sure you never experienced the f. i have. >> dana: no, i remember when i went to graduate school, our first writing in journalism class, everybody failed. we all got fs. the teacher was so tough. >> i'm talking about math. end of the quarter, report card. f. having to go home with the f. >> dana: how did that go over? >> not as good. what did you get in math? i'm emerging. >> dana: or i'm developing. i don't know what the difference is. >> i don't see how it helps

anybody be better. >> dana: all right. tyrus, great to see you. been a couple weeks. >> made it. >> dana: thanks for joining us. i'm dana perino. i'm see you on "the five" in a couple hours. meantime, a real treat. here's bill hemmer. >> thank you, dana. welcome to friday. our reporting starts now on president trump. he's speaking at the moment for the first time after several developments at the justice department. the president addressing border patrol agents. we'll see if he weighs in the on the doj. federal prosecutors will not charge the former fbi deputy director andrew mccabe after claims he lied about a media leak. fox news learned an outside prosecutor will review the handling of michael flynn's case. he's trying to withdraw his guilty plea in the russia investigation. this is happening after bill barr publicly pushed back on the president's tweeting.