tv Fox News at Night With Shannon Bream FOX News May 14, 2020 12:00am-1:00am PDT
stock sell-off that happened in february after a closed-door briefing on covid before the market collapse. serving a warrant to more important things, senator wyden would not have that approved if the attorney general had not okayed that. that is a big, big deal. a lot of implications for control of the senate. shannon bream and the "fox news @ night" team take it from here. that was a mouthful to try to get in. shannon: you did it. we have an update in a few minutes. breaking tonight general michael flynn facing questions whether he perjured himself by trying to withdraw his guilty plea after he pleaded guilty. the doj recommended the charges be thrown out, federal judge everything the case, to brief him on why that should never happen. and as the retired judge to find
out if lynwood should face perjury. detailing numerous obama administration officials who reportedly unmasked flynn. you know the names, biden, comey, clapper and more. top republican on the house intel committee has been vowing to get to the bottom of the russia investigation devon nunez joins us in minutes. senate intel committee member tom cotton is here as well. predictions about the coronavirus, the whistleblower set to testify on capitol hill tomorrow. a sneak peek on his testimony, skipping ahead to reopening too quickly but other analysts say unintended consequences of the lockdown pose fatal dangers as well. a medical expert and economic expert joins us live. welcome to fox news at night. we begin with kevin cork on an
incredibly busy day. >> reporter: clearly there are names on this list we will talk about that are familiar, people who unmasked michael flynn on the transition following the 2016 election but what is less clear is why the un ambassador unmasked the general and we 7 occasions, why the judge handling the flynn case invited a retired journalist to review the case against flynn. in a bold and unexpected move judge emmet sullivan appointed john gleason, retired judge with opposition to the doj request withdraw the charge against general michael flynn who pleaded guilty to lying to investigators as part of a larger inquiry into russia's interference in the election. sullivan asked gleason to address whether the court should ask for the possibility that
flynn opens about 2 new perjury charges because he pleaded guilty under oath and wants to withdraw the plea. in an op-ed in the washington post gleason said the justice department's move, for national security adviser michael flynn does not need to be the end of the case and it shouldn't be. john sullivan has invited interested parties to weigh in on flynn's case, something his attorney 7 previous occasions he refused to permit. it was revealed by gop senators chuck grassley and ron johnson that it doesn't obama officials requested unmasking that identified flynn intelligence report including former un ambassador samantha power, cia director john brennan, fbi director james comey, even president obama's chief of staff dennis dennis mcdonagh and joe biden, presumptive democrat in -- democratic residential nominee. >> curious the vice president of the united states would be requesting unmasking in the case
of general flynn eight days before he left office. >> biden said he was aware only that there was a request for an investigation into flynn but that is all. >> you say you knew nothing about anything. he has no idea, he knows nothing about anything. nothing at all. and then it gets really released today he was a big unmasked are, one of the very big stories and i suspect if it is possible even bigger stories coming out. >> biden campaign dismissing a notion there is anything nefarious about him being listed among the unmasked is writing, quote, these documents to be indicate the breadth and depth of concern across the american government including among career officials over intelligence reports of michael flynn's attempts to undermine ongoing national security policy through discussions with russian officials or other foreign
representatives but no matter how you look at this, there will need to be investigation moving forward knowingly why would ambassador power who testified under oath that she had no recollection of ever making an unmasking request even once, why would she have done so on tweet 7 occasions? sources tell fox news there's much more grinnell hopes to get into congressional hands in public view and we are told by our sources that could happen very very soon. the mysteries on hold in washington. shannon: when we get those transcripts, back to this samantha power interview, when congressman gaudi pushes her she has unmasked 200 times are made the request so there's more to that story, we will keep digging. tonight california congressional district former representative katie hill blue in 2018 is read
again and the gop's win in the special election partially credited to the state's stay home order. trace gallagher is on the case tonight. >> reporter: democratic candidate kristin smith wants to make sure every vote is counted but doesn't think it will make a difference so she is conceding this around to republican mike garcia. i say this round because while garcia and the gop have flipped california's 20 fifth congressional district it is only for twee 7 months, these two candidates will go head to head again in november for the full 2-year term but garcia's victories significant because it shows republicans can compete in northeast los angeles county were donald trump lost hillary clinton in 2016. the race is a bellwether because it was conducted during a pandemic so campaigning was done online and the ballots were all male in to avoid crowds at polling places. it also educated a lot of us on the phrase ballot harvesting
where operatives go to door to door collecting ballots and delivering them to polling places. it is illegal in most places but legal in california. the state republican party sued governor gavin newsom over ballot harvesting saying it violated social distancing guidelines. state democrats vowed not to do it, so did republicans even though gop candidate mike garcia was planning on doing it. >> you combat that when you do it yourself. >> that was in january before coronavirus. this screen grab appears to show garcia's campaign manager trying to recruit ballot harvesters in mid april. both sides are expected have robust ballot harvesting operation. another key question is whether garcia got a bump from donald
trump who accused democrats of trying to steal the election by adding an in person polling place in lancaster, a city with a large african-american and latino population although it was a republican mayor who approved the polling place. shannon: politics. thank you very much. plenty to unpack from the top stories, let's get to it with republican congressman from california ranking member of the house intelligence committee devon nunez, great to have you back. we have a lot to talk about but let's start in a 20 fifth district, congresswoman who is the chair of the dcc, they are the ones trying to turn his back to a blue state, national committee admits republicans are in trouble in november, we are confident voters will reject mike garcia, the tax on their healthcare and they will retake the seat in november.
she said is a short-term victory. >> that seat has traditionally been a republican seat, we lost it last time in this was after democrats in the state with total control mailed ballots to every single voter and started the ballot harvesting. we lost the seat, republicans were afraid to ballot box. we don't like it, we don't want to but are forced to because it is the only way to win. as long as we have a robust ballot harvesting operation come november, i hate saying that because it is legal in 49 states, mike garcia is in good shape to hold onto that seat because it is traditionally a republican seat. shannon: let's talk about the news that dropped today, this list of people who were part of the obama administration who works across administrations but primarily obama administration officials who were unmasking americans.
critics point out people don't know who they are and asking when they know there's an american in a phone call they want to know about how would they have known? >> a better question is what were they doing unmasking like this? the only logical conclusion, it goes back to what i said in 2017 when i made this public, i was attacked by the media, some of them asking me where did -- what do you think is wrong with this, who did it? all they ask is where did you get this information from? he is sharing information. i don't know if you recall that but i had seen a number of trump transition officials appearing in reports and were being unmasked so general flynn is the tip of the iceberg. what appears to me they were doing was a lot of them went
widely after trump won, poisoned with this russia hoax, that is why you had obama ambassadors across the globe unmasking and then leaking out about anyone within the trump campaign and the trump transition team that they could in the media were taking those leaks and they were just intelligence products, not necessarily when you look at intelligence products doesn't mean it is fact and it is classified so the fact they were taking that information, unmasking whoever that was and leaking it to the press is a big problem in general flynn as i said from the beginning, the only crime i had ever seen was the unmasking and putting out the transcripts of general flynn's name. there was never russian collusion or anything to do with russia and when i told everybody that, largely this was ignored
because the media was taking this information from the dossier and russian nonsense through 2016. when hillary clinton didn't win they went crazy and use the intelligence services to their political advantage. jillian: we know people leaked information and they have not paid a price for it. we have been told several things and people should crackdown for that and it didn't always happen in these cases. let me review something, you are talking about these dates. the wall street journal editorial board says mcdonagh was chief of staff, unmasking his place january 5th, 2017, the day of the oval office meeting in which mister flynn was discussed with mister biden's unmasking the day the washington post did that, mister biden has
some explaining to do. what do those dates mean to you? what is the connection? >> it is what i said in the beginning, what on earth were these high-ranking obama officials doing unmasking these reports in the first place, these were similar reports that we get in congress. we never requested to unmask any american at all so why in the waning days of the obama administration were they doing this? there is only one logical conclusion, joe biden and his office were doing what the rest of them had been doing for the few months after the election. they were unmasking anyone and everyone to leak information to a press that was willing to take that illegal information to build a fake, phony narrative to set up numerous people on the
trump team, not just general flynn who paid a big price for it because he was put under investigation by the dirty cops in the fbi and the clinton campaign in 2016. jillian: if all of that is true and people are found guilty in some way whatever since you want to take that of wrongdoing yes or no is anybody going to pay? >> the wrongdoing is very clear. whoever gave those transcripts to the post, the article you mentioned and before that there was another article by an opinion writer for the post, whoever gave that information and those transcripts clearly that was illegal, that is the only law i ever saw that was broken and we went through, i don't know what he was doing with $30 million. >> you have been raising red flags for more than a couple years so we will see where this goes, we get new information every day and we're told there's
much more coming. good to have you. the chairman of the senate intelligence committee reportedly forced to surrender his cell phone to federal agents tonight as part of the justice department investigation into stock trades he made in the early days of coronavirus in the us. federal agents are looking at whether burr violated a law preventing members of congress from trading inside information. dire warnings on the coronavirus and the economy if americans don't do that.
closer to reopening following a ruling by the state supreme court striking down the governor's safer at home order in its entirety and that is the latest in a nationwide wave of protests against coronavirus restrictions, senior correspondent rick leventhal is live in new york. >> we are hearing more warnings of civil unrest and civil disobedience and seeing more examples of it actually happening as frustrations grow and patience wears thin. >> you don't have -- >> antilock down protesters take their anger to the front door of mcgill areas appears to try shoving the unwanted visitors down the stairs. police were called and areas was cited for misdemeanor battery. more evidence of frustration mounting nationwide over coronavirus restrictions.
in michigan armed protesters have demonstrated inside the state capitol building and outside a barbershop where the 77-year-old owner was ticketed for getting a haircut in defiance of shutdown orders. >> 12 us as americans need to begin to take responsibility for ourselves. the government is not my mother, never has been. i've been in business longer than they have been alive. >> these executive orders are not a suggestion, they are not optional, they are not helpful hints, this is in order to prevent the spread of covid-19. >> reporter: in washington state greg anderson is unpaid leave and could be fired for posting a video complaining about enforcing the rules. >> first amendment rights telling people they can't go to church, freedom of religion, telling people they can't
protest, freedom of assembly, fourth amendment violation, illegal traffic stops to check for papers, what are you, the gestapo? 1930s nazi germany? >> in a lie the incident commander coronavirus response want the state risks civil unrest if it moves too slowly to reopening los angeles mayor eric garcetti warned viewers on good morning america the shutdown could last through the summer and beyond. >> we've ever been fully closed, we will never be completely open until we have a cure but i do believe we can take steps but monitor those numbers, listen to the scientists and medical professionals and make the tough calls even when there is criticism. >> tonight at his press conference mayor garcetti clarified his comments saying social distancing must continue to protect the vulnerable that things are slowly opening up in la county including retail, curbside pickup and recreational activities including hiking trails, tennis courses and golf courses starting tomorrow. shannon: that will be welcome news out there.
in a few hours on nhs whistleblower, one of the foremost expert on vaccines, doctor rick bright is set to testify on capitol hill, a preview of his testimony includes our window of opportunity is closing. if we fail to develop a national coordinated response based in science i feel the pandemic will get far worse and be prolonged causing unprecedented illnesses and fatality, the danger of reopening versus the dangers of staying closed, let's debate with doctor marty mc harry and steve moore. welcome to you both. a clarification from the l a mayor, we will never be open until we have. >> little we find a cure very soon because we have done so much damage to the economy. in a report from the federal reserve shows 40% of american
workers that are less than 40,$000 are out of a job. those are people can't afford to lose their job. they don't have any income, think of the human misery, cities like los angeles saying they will stay closed perhaps another 3 months. if you keep los angeles shutdown for 3 months you will have riots in the streets and you are not going to have an economy to open up so we have to open up the economy in a safe way, have to use the best medical know how we have to keep people safe, we have 20 states right now that are opening up, they are not showing increasing death rates or cases so we can do this in a smart way and get our economy up and running. shannon: you have written a piece that will be out tomorrow and you talk about mitigations and things we have to do on the
front of this and that we have been doing but you talk about the fact that some of that can become counterproductive. explain. >> we did everything we are supposed to do. when we went into this we had very little data to guide us and were worried about rationing at the doors of our hospitals so we did everything, now we can learn from the data in the data are teaching us a lot, that distancing and hygiene works, teaching us the outdoors are safer than indoors, teaching us therapeutics are available and coming quicker than we thought, those therapeutics actually work. remdesivir work that a vaccine works in rhesus monkeys which granted is an animal model but close to the human being as we have in animal models and it is a matter now of going through the phase 2 and 3 safety studies and mask manufacturing, these are promising results and it will be a toolbox with many steps. >> that is hopeful and people
need to hear that but of course politics is part of the conversation the whole time, the washington post writing about this, saying the top democrat in the senate, chuck schumer is not letting a day go by without comparing donald trump and the gop to herbert hoover who was routed by fdr in 1932 and says through inaction trump and mcconnell could lead us into a second great depression. this is why republicans won't be far with her favorite talking point that pelosi's package is just a liberal wish list, as if it were an exorcism. this $3 trillion package she has rolled out. >> the washington post editorial you were quoting, i don't get the logic of that. we will have a second great depression if we don't start seeing our businesses reopen, if we don't put 35 million americans that lost their jobs back on the job.
we are doing severe damage to the economic infrastructure of this country. obviously we have to keep people safe but the idea we can keep writing trillions of dollars of checks and that will make up for the fact that we are not producing things there is no amount of money the government can spend to make up for that so we need to start to get things opening a smart way. we have seen states like florida, georgia, south carolina, utah, and idaho opening up and doing a good job of it, the governors have done an excellent job. we can do this, we can be smart about it, the great outdoors is one way to stay healthy and we have kept kids locked indoors for six weeks. shannon: a quick final word from you. >> we have seen cases in 7 states.
we need to reopen carefully. we hoped to be in a better position, the model seeing symmetric distribution, rapid increase in recent decrease, we didn't get that because leakage and a lot of reasons. as we reopen cases will go up and we have to be careful because we got this with one third a cold season. in the fall we will have the virus in the food cold season and consult variable influenza so this is a run where we get to do these measures and get a complete do over come the fall so people need to be careful and reopening needs to be careful. >> agree totally with that, total agreement on that. shannon: you guys agree on a lot, great to hear from you, thank you. a deep dive into the michelson case, why he was reaching out to the russian ambassador next. ... and staying active? on it! audrey thinks she's doing all she can to manage
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>> shannon: taking a fresh look b shannon: taking a fresh look at the case against michael flynn, exactly why he was having conversations with his russian contacts during the presidential transition period raising suspicions of officials at the fbi. we have been digging into the details, timeline texas. >> reporter: longer than 2016. the old saying in washington goes it is not the crime but the cover-up and while the attorney general says michael flynn's guilty plea shouldn't matter it wasn't his conversations with the russian ambassador that got him in trouble but the alleged cover-up of those conversations. donald trump's campaign rally retired general michael flynn live the chat and delivered openly hostile remarks about the obama administration criticizing his old boss who fired the 3-star generalize head of the defense intelligence agency. >> the united states of america
is in less strong position today because of the readiness and size of our armed forces. >> reporter: los beginning his lucrative private consulting business that included among other things accepting tens of thousands of dollars for a dinner with vladimir putin and from turkey days after election, trump named the incoming national security adviser. as an anti-israel resolution came up at the un in december of 2016 team trump still in transition letter push against it with flynn calling in lobbying the russian ambassador to the united states, sergey kislyak and reported we called kislyak multiple times in december as the obama administration put new sanctions on moscow was on january 12th the washington post reported flynn's multiple calls to kislyak and asked to discuss sanctions with the russian ambassador. january 13th officials for the incoming trump administration denied flynn discussed
sanctions. january 15th mike pence went on the sunday shows with the same denial. >> i talked to generals and yesterday in the conversations that took place at that time were not in any way related to new us sanctions against russia or the expulsion of diplomats. >> reporter: and we 20 fourth agents met with flynn in the white house to question kislyak calls, something james comey says should have gone to the white house counsel office. >> i probably wouldn't have done or gotten away with it in a more organized investigation or administration. the george w. bush administration for example or obama administration and it is early enough, let's and a couple guys over. >> flynn depleted guilty to lying to the fbi about discussing russian sanctions in those calls. it is important to remember he was fired by donald trump for lying to mike pence about the calls long before the guilty
plea. >> there is a lot to the story, thanks for taking us back. on capitol hill, renewing top-secret spy programs involving surveillance of american citizens was this program known as fisa when start when the house and senate failed to hammer out a compromise in march. chad program explains what is at stake now. >> bipartisan lawmakers demand fisa reforms because of how it was used as a political weapon during the campaign of 2016. >> the fbi failed to disclose the nature of the political hit job to the fisa court. they deceived and lied. >> reporter: the justice department inspector general michael horwitz found multiple examples of misuse, to surveilled trump campaign aide carter page. the kentucky senator rand paul says fisa abuse helped trigger the russia probe.
that led to the prosecution of former national security adviser michael flynn. >> it uses a different standard, lower standard which is you have to have probable cause related to foreign government and that is what they did to carter page and donald trump. it is my belief that if you do not exempt americans from the fisa court the fisa court could do this again, they could go after a political candidate. >> it bars them from using fisa court against americans which if you want to probe an american citizen go to regular court, not the fisa court. the house overwhelmingly approved a bipartisan compromise to renew fisa in march agreed to by attorney general william barr. illuminated the mass data collection of practically every phone call in the united states. the new bill demands more justification for warrants, still some senators want broader reforms, the senate -- senator steve daines and democratic
oregon senator ron wilde to require warrants to pry into somewhat's web browser history. >> collecting this information is as close to reading minds as surveillance can get. it is digital mining of the personal lives of the american people. >> it is unclear if donald trump will sign the fisa bill and rand paul is not convinced, they still won't be fisa abuses in the future. shannon: thank you. the flynn on massacres have been unmasked. joe biden responding.
eavesdropping on a political opponent's phone calls. that to me is alarming. >> the presumptive democratic nominee, 39 former obama administrative officials reportedly outlining who was involved in the procedure unmasking michael flynn before leaving office in january 2017. let's talk about what we know about the situation as it continues to unfold with a member of the senate intelligence committee tom cotton, welcome back, good to have you. a statement from the biden campaign says this. these documents have absolutely nothing to do with any fbi investigation and they confirmed that all normal procedures were followed. any suggestion otherwise is a flat out lie. what the documents say to you? >> sounds like they are very worried about the documents that
were released today. i find it troubling that so many political officials in the final days of the obama administration were asking the national security agency to unmask michael flynn's name, the intercept of a foreign official, these are not just intelligence officials, career professionals, you have joe biden just eight days before donald trump taking office unmasking the name of his incoming national security adviser in just a few days later it began to leak to the washington post, senior political officials of the department of treasury, some major obama fundraisers asking for this. michael flynn's name was in the hands of all these political appointees in the final days of the obama administration. it turned up in the news given the fbi pretext to go interview him with inappropriate approaches we now know were used to set up and frame michael flynn. shannon: the wall street journal reporting about this has a piece that says this.
unmasking us identities and intelligence reports is a fairly routine process that occurs thousands of times annually, quote, you can't do your job without it said michael morel the former acting director of the cia during the obama administration, they say this is routinely done in the course of business. ambassador samantha power was repeatedly asked by trey gowdy about the unmasking and said i needed to know what i was reading to have context, this is something everyone did. we weren't trying to hide it. >> give me a break, samantha power was obama campaign official up at the united nations, she's not a career professional intelligence officer the way michael morel was. what is not unusual, what is unusual is the names of those unmasked individuals appearing in the new york times and washington post, cnn and the fbi using that information to conduct a potential interview designed to drum an obama
adversary out of office 2 days later and disrupt the peaceful transition of power. those leaks didn't come from nowhere, that turtle didn't get on the fencepost by itself. one of people who unmasked michael flynn's name in the last days of the obama administration of not more than one of those persons was leaking like a sieve to the media that frame michael flynn to disrupt the peaceful transition of power. shannon: despite the doj decision to ask the case be dismissed the judge, federal judge ed sullivan has called in a retired judge to radio posing brief about why that shouldn't happen and examine whether there has been perjury. in his order today he said he appointed retired judge john gleason to file this brief and says judge gleason should address whether the court should issue an order to show cause when mister flynn should not be held in criminal contempt for perjury. you are a lawyer, i am a lawyer. is that your understanding of how this works and what a judge would do looking for potentially a new charge against a
defendant? >> i have been practicing law, your audience might not take my legal advice but i would say when the prosecutors file a motion to drop the case and the judge intervenes and says we want someone to argue the case i don't understand what the upshot is going to be. even if retired judge writes a brief it is persuasive what we do? ordered as part of justice to prosecute again? that's not the way the criminal justice system is supposed to work. michael flynn has gone through a lot in the last 3 years, what he should never face to begin with, he is a highly decorated war veteran the department of justice took the right steps to dismiss this case, judge sullivan should grant the motion to dismiss and let michael flynn and his family get back to their lives. shannon: before we let you go, ask about china and new revelations, newsweek pieces they have seen a cia report and
the cia report the contents of which were confirmed to newsweek by two us intel officials said china threatened the who that the country would stop cooperating with the agency's coronavirus investigation if the organization declare global health emergency in january, there were leaks that went by as the world knew what we were facing. >> i'm not able to comment on specific intelligence reports but it is obvious china was pressuring the world health organization, china new just like the world health organization new from china that this virus was transmissible from person to person. the who had been tipped off by taiwan, advice they ignored because it was politically inconvenient for beijing but no doubt 11 jinping president continues to pressure the who to take china's side and spend this pandemic in a way that is favorable to china when china
unleashed this plague on the world. shannon: we know there are calls for investigation from capitol hill to is an international bodies and we will see of china is held accountable or the who. the great to have you with us, thank you. some good news before we say good night next. it. so when i heard they added ultra oxi to the cleaning power of tide, it was just what we needed. dad? i didn't do it. #1 stain and odor fighter, #1 trusted. it's got to be tide.
>> the supreme court is considering two cases concerning the electoral college which could have major significance in the election year we are not facing, they are trying to decide about the release of the president's financial record. >> they are the ones who actually choose the president are members of the electoral college, choosing time to cast the ballot? that is the question nine justices must wrestle with following hours of argument on wednesday. justice ginsburg. >> understand the concept of something i am pledged, bound to do. i made a promise to do something a promise is unenforceable. >> reporter: others question what limits there are more should be on the state's ability to direct with their chosen elected actually do. >> what would prohibit them from
passing a law that all electors have devoted presidential candidates who support certain positions? >> this will 412 vote in the private conference on friday where they will also debate whether or not the president's task tax and financial records was turned over to house committee and or the manhattan da's office. brett kavanaugh was among those grappling with weighing the interests of two different branches of government? >> how can we both protect the house that's interest in obtaining information to legislate and also protect the presidency, how can the court balance this interests? >> the second case presented altogether, whether financial documents must be turned over in the context of a grand jury investigation. justice alito asked if that would jeopardize the privacy of the president's records. >> there are prosecutors who because of information including grand jury information, all
sorts of sources including the new york times. >> reporter: justice or mayor once a prosecutor herself weighed in on questions whether prosecutors across the country may be tended to use their powers to harass a sitting president. >> don't we usually presume state courts and state prosecutors act as they should and in good faith? >> the court to do a number of things regarding the financial documents, they should be available to house committee slowly, narrowly tailored, only a partial release said maybe not all three committees and then there is the da's office as well and that request could be handled completely differently and the court to block those records from being released altogether. we will know soon. some good news before we say good night, philadelphia police officer is happy to be alive after coronavirus took him to the brink of death. the 25 year police veteran spent weeks in the icu struggling to breathe on a ventilator for 20 days and losing 55 pounds was finally released from the hospital amid cheers from hospital workers commending
their fellow front-line worker although the real heroes are the one wearing the white coats. most-watched, most trusted, most grateful you spent the evening with us, good night from washington. i am shannon bream. since i don't have time to read, i mean i might as well listen. if i want to catch up on the news, or history, or learn what's going on in the world, i can download a book and listen to it. i listen to spanish lessons sometimes to and from work. yea, it makes me want to be better. audible reintroduced this whole world to me. it changes your perspective. it makes you a different person. see what listening to audible can do for you. tuna for jj. turkey for tj. turkey for jj. tuna for tj. this is why we named your brother derek. get a free footlong yup, free. when you buy one on the subway app. order now.
>> from my standpoint pretty curious the vice president of the united states would be requesting unmasking in this case of generals in eight days before he left office. >> thursday may 14th, fox news alert the roster of top obama administration officials who requested the unmasking of michael flynn. shannon: among the cast, familiar faces, former vice president and current presidential hopeful joe biden, the revelation that is rocking washington. a major health alert for parents about coronavirus linked disease making doesn't 6 across the country. rob: what it means for the push to reopen schools.