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Hannity

Can Biden save the Democratic Party from Clinton?

This is a rush transcript from "Hannity," August 24, 2015. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: And welcome to "Hannity." Tonight, Democrats appear to be in full panic mode over Hillary Clinton's private server scandal as new details continue to come out about Hillary's careless handling of classified and even top secret information when she was secretary of state.  Now, her poll numbers are plummeting, and this as new reports indicate that Vice President Joe Biden could enter the 2016 race.

And standing by at the "Hannity" big board tonight with a full report is "Fox & Friends First" co-host Ainsley Earhardt. Wow! Joe Biden in.  He's meeting with Elizabeth Warren?

AINSLEY EARHARDT, CO-HOST, "FOX & FRIENDS FIRST": What do you think?  Do you think he's going to get in?

HANNITY: Yes.

EARHARDT: You do? All right, well, according to The Wall Street Journal, Vice President Joe Biden is leaning toward making another run at the White House. Biden is said to be weighing his options with his political allies and with his family.

And over the weekend, he reportedly met with Democratic senator Elizabeth Warren to discuss economic policy.

Earlier today, Sean, White House press secretary Josh Earnest might have given Biden another reason to run when he said this. Watch.

(BEGIN VIDEO CLIP)

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: I think the president's view about Vice President Biden's performance as the vice president of the United States should give you a sense of the president's belief in his aptitude for the top job.

(END VIDEO CLIP)

EARHARDT: So we'll have to see if comments like that factor into Biden's decision. He said that he will make up his mind about running for president by the end of the summer.

As for Hillary Clinton, The New York Times reporting she's cutting her summer vacation short. The Clintons were supposed to spend the rest of August out in the Hamptons, but now Hillary is set to do several campaign events in the Midwest. In Ohio, where she's going to campaign on Thursday, a recent Quinnipiac poll shows 60 percent of Ohio voters think that she is not honest and not trustworthy.

We will be keeping an eye out, Sean, to see if Clinton's plan has an impact on these polls. Back to you.

HANNITY: All right, Ainsley. Thanks so much.

Joining us now from The Weekly Standard, Fox News contributor Stephen Hayes, and Fox News legal analyst Peter Johnson, Jr.

All right, if Joe Biden wanted to meet with Elizabeth Warren, he could have picked up the phone. He didn't have to make a big deal coming back from vacation early to meet her in Washington. He wanted to leak that.  Then we get Josh Earnest's comments today, very complimentary of Joe. It seems that Obama is getting involved in some way. Thoughts?

PETER JOHNSON, JR., FOX LEGAL ANALYST: Yes. You know, where is the White House on this? Is the White House the link behind the Hillary Clinton e-mail scandal? Are they the source of it?

But it also shows, really, the desperation of the Democratic Party and the shallowness of the Democratic bench. You know, Joe Biden has been hid away for many, many years. And now he's being trotted out somehow as a savior of the Democratic Party to save them from Hillary Clinton and Bernie Sanders. Is that the top three...

HANNITY: Wow!

JOHNSON: ... that's in the Democratic Party?

HANNITY: Well, maybe -- you could add Al Gore. Maybe he'll get back in.

JOHNSON: Well, maybe. You see 16 or 17 strong candidates with tremendous accomplishments on the Republican side. And I'm a Democrat.  And then you say, What's going on here?

HANNITY: You know, Stephen, when Josh Earnest says today, as he did, the president's best decision that he ever made is selecting Joe Biden, and that ought to show the confidence that he has in his ability to do the top job -- if I'm Hillary, I'm reading that, Obama's out to get me.

STEPHEN HAYES, WEEKLY STANDARD, FOX CONTRIBUTOR: Yes, you know, I mean, it's something the president has said before repeatedly. It's something Josh Earnest has said before repeatedly.

But I think your point is the key one. The timing of this response coming in response to questions about whether the president would back either Joe Biden or Hillary Clinton -- you know, I point to an earlier data point that I think makes this clear that Joe Biden and his associates want these stories out.

I mean, remember that Maureen Dowd story from several weeks ago that really kicked the speculation into high gear. She was quoting Joe Biden's thoughts in that story. None of this is happening by accident.

We don't know whether Joe Biden ultimately will decide to run for president, but what we do know is that Joe Biden wants us to believe that he's thinking about running for president.

HANNITY: You know, interesting. There was the Quinnipiac poll, Peter, last week, and it comes out. Swing states, Florida, Ohio, Pennsylvania. In Florida, 71-26, Ohio 72-26, Pennsylvania 74-24 do not want another four years of Obama's policies. So that hurts both Hillary and Biden.

JOHNSON: Well, there's actually an anvil around, you know, Joe Biden's neck. And where is the grass roots support? We don't see it for Hillary Clinton. We don't see it for Joe Biden. We see some grass roots support...

HANNITY: Bernie Sanders.

JOHNSON: ... showing that the Democratic Party is more leftist than we ever considered it to be that a socialist is trumping -- - and there's no pun intended -- both of them.

But you know, we don't see any outpouring for Joe Biden. People aren't taking to the streets and saying, We need Joe Biden. The Democratic Party...

HANNITY: Crazy uncle Joe!

JOHNSON: ... seems to be saying, We need somebody who can possibly win, and maybe Hillary Clinton's not that person.

HANNITY: The human gaffe machine, you know, crazy uncle Joe.

JOHNSON: Absolutely.

HANNITY: All right, so Stephen, you got to walk this through. It's interesting to me that both Hillary and Joe Biden, before they make their decision, assuming Joe makes that decision -- they both go to Elizabeth Warren. It seems she is the person that is most feared by both of them, that she may get in the race. And I've got to assume, as being more left- wing, that Bernie Sanders would fear her, as well.

HAYES: Well, absolutely. Look, I think Elizabeth Warren is the center of gravity in the Democratic Party. I've argued before that she's the most powerful person in the Democratic Party, with the possible exception of Barack Obama still being president.

But there's no question that having the approval or the support, even the endorsement of Elizabeth Warren would be a huge boon to whomever gets it. And just leaking the fact of this meeting from Joe Biden has people speculating all day today. People who aren't following, you know, every twist and turn of Joe Biden's thinking on this are going to see his name in a story with Elizabeth Warren in the context of his...

HANNITY: They leaked it.

HAYES: ... considering a run...

HANNITY: They...

HAYES: ... for the presidency.

HANNITY: They wanted maximum...

HAYES: That's pretty big.

HANNITY: ... amount of play, and they've gotten it. All right, but Hillary's -- her problems are deeper than political.

HAYES: Yes, that's true.

HANNITY: They've got real significant legal hurdles to face. My thinking is she's in far deeper legal trouble than people think. You're the lawyer.

JOHNSON: Oh, I think this is significant legal problems. I don't know whether a crime has been committed or not, but we have all of the circumstances, all of the conditions surrounding the potential that a crime has been committed...

HANNITY: A serious crime.

JOHNSON: ... apart from bad judgment, apart from this nonsense that you're going to recreate history and keep a State Department to yourself and say, I'm going to take the server with me.

I think that this is the digital analog to the Nixon Watergate tapes.  It's the same kind of controlling mindset.

HANNITY: Peter, look at the possible smoking guns.

JOHNSON: Yes.

HANNITY: What if the Chinese have it? What if Putin has it? What if the FBI can recover some of the deleted e-mails that maybe refer to Benghazi or other issues...

JOHNSON: Where did they go either intentionally or unintentionally?  What's the negligence? What's the...

(CROSSTALK)

HANNITY: ... obstruction of justice!

JOHNSON: And when the FBI comes a-calling -- we haven't even gotten to that. what about the personal interview with Secretary of State Clinton...

HANNITY: Right.

JOHNSON: ... and all of the people that used to work for her? We haven't even gotten to that point. That point will come. The FBI will say...

(CROSSTALK)

HANNITY: What are the odds -- last question. What are the odds you think she would get indicted?

JOHNSON: I don't think they're great at this point. But we don't know what's there. We don't know what was actually secret or top-secret or not. We do know, based upon the ones that we've seen or heard about, maybe 10 percent were.

HANNITY: But because the Obamas and the Clintons really don't like each other, there's a chance that the comment by Josh Earnest was planned.  That might mean Obama wants to let the Justice Department do their job!

JOHNSON: This campaign has become more "House of Cards" than anything I could have ever imagined!

HANNITY: Imagined, right?

JOHNSON: Day by day by day, Sean.

HANNITY: I've watch every series. I sit there and watch for hours.

JOHNSON: There's a lot of parallels.

(CROSSTALK)

HANNITY: I hope you didn't miss my appearance on "House of Cards," Steve. If you did, we're not friends anymore.

(LAUGHTER)

(CROSSTALK)

HAYES: I'll have to go back to rewatch it.

HANNITY: All right. That means you missed it. That's not -- that's not...

HAYES: I haven't been watching "House of Cards." I gave it up after three episodes.

HANNITY: That doesn't bode well for my on-air acting career. All right.

JOHNSON: We'll all watch it tonight after the show, Sean.

HANNITY: All right, guys, thank you.

And coming up next tonight, right here on "Hannity" --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Are there any black people there?

UNIDENTIFIED FEMALE: I have not seen any today that have come out for Donald Trump.

(END VIDEO CLIP)

HANNITY: All right, NBC's Chris Matthews at it again. When all else fails, what do many on the left do? They just play the race card. This time, they've got their sights set on Donald Trump.

Plus, later tonight...

(BEGIN VIDEO CLIP)

HOWARD DEAN, FORMER DNC CHAIR: This is, in fact, manufactured partly by a press that's bored and partly by the Republicans.  Here's the deal. She did not break any rules. She did not break any policy...

(END VIDEO CLIP)

HANNITY: All right, nice try. Some Democrats are trying to help Hillary, while others -- they're turning on her. We've got a full report straight ahead.

(COMMERCIAL BREAK)

(NEWSBREAK)

HANNITY: And welcome back to "Hannity." So Donald Trump's rise in the polls appears to have some members of the liberal mainstream media so worried that they're starting to employ their favorite political tactic, that of course, the race card. Take a look at how some over at MSNBC reacted to Donald Trump's rally in Alabama on Friday that drew tens of thousands of people. Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Are there any black people there?

UNIDENTIFIED FEMALE: I have not seen any today that have come out for Donald Trump. I actually spoke -- I spoke with a lot of people at lunch today, and -- and they were all, to be blunt, Caucasian white people.

UNIDENTIFIED FEMALE: It's mostly male Republicans, it's basically white Americans who feel left out of Obama's America. It's a very ethnically polarizing appeal, and it really can only appeal to that white guy. It isn't going to appeal to African-Americans and Latinos because when he's saying to that white guy, You're getting yours, he means getting yours and getting it and taking it away from or pushing away all the rest of us.

(END VIDEO CLIP)

HANNITY: Here with reaction, the chairman of Teaparty.net, Niger Innis, and criminal defense attorney Eric Guster.

Eric, let me start with -- oh, I've got video of a Bernie Sanders rally. And let's see. Take a look at the video. I'm looking. I'm looking. I don't see many black people there. I'm still looking, wait, looking hard, deep into the crowd -- 10, 11, 12 deep. No, not yet. Not yet. Big crowd, though. I will say that. But I only see white people at that rally.

Why are your fellow...

ERIC GUSTER, CRIMINAL DEFENSE ATTORNEY: Sean...

HANNITY: Why are your fellow Democrats playing the race card this way? Because that is the lowest form of politics on the world stage, on the national stage.

GUSTER: Sean, it was a fair -- it was a decently fair question when you're talking about a candidate in the stadium full of people, and you're asking...

HANNITY: Bernie...

(CROSSTALK)

GUSTER: Are there any black people there? That's a very fair question.

HANNITY: Point out where's Bernie Sanders? Where are the black people at his -- where's Hillary Clinton's black crowds? Where are they?

GUSTER: They -- she does have black crowds at different events. And have to -- now, you have to admit that, Sean. And with what Trump is doing and what he's appealing to, that was his crowd in Mobile.

HANNITY: All right, here's the thing...

GUSTER: Mobile is only four hours from me, so I know about the Mobile crowd. So that's what he was appealing to. It's a decently fair question.

HANNITY: No, when you say that, that's who he is appealing to, you're saying, Oh, he's appealing to white people and he's divisive.

GUSTER: No...

(CROSSTALK)

HANNITY: When you say he's appealing to white people, that's what you're saying. Niger...

GUSTER: I did not say that. Those were not my words, Sean.

HANNITY: ... if you look at the economy, who has been disproportionally impacted the worse under Obama's policies? I see that it's black Americans, Hispanic Americans and minorities in America.

NIGER INNIS, THETEAPARTYNET.COM CHAIRMAN: That's exactly right. And what these liberals are really afraid of is the fact that Donald Trump could be extremely popular and could resonate in black and brown communities.

The fact of the matter is, is black folk under this administration are catching hell. Our unemployment rate is double that of whites, actually double that of the national average. Places like Chicago, Baltimore run by big liberal Democrats, big city -- big government Democrats are killing fields for young black men. You got 50 million people, nearly 50 million people on public assistance and food stamps! This is a disgrace!

(CROSSTALK)

HANNITY: Hang on. I want to get into this issue because this is important. You know what? Even...

(CROSSTALK)

HANNITY: Hang on a second!

GUSTER: ... Caucasians, so let's not...

(CROSSTALK)

HANNITY: But if you look at the number of Americans in terms of percentage unemployed, in poverty, on food stamps, black Americans have been disproportionally impacted by these negative liberal policies.

Now, as it relates to the race question, even Bill Clinton, even he said Obama played the race card. And not only that, we'll take a trip down memory lane, how Democrats play the race card every campaign cycle!

(CROSSTALK)

HANNITY: Let's roll the tape.

FORMER PRESIDENT BILL CLINTON: I think that they played the race card on me. And we now know from memos in the campaign and everything that they planned to do it all along.

UNIDENTIFIED MALE: When you don't vote, you let another church explode. When you don't vote, you allow another cross to burn.

UNIDENTIFIED FEMALE: On June 7th, 1998, in Texas, my father was killed. He was beaten, chained and then dragged three miles to his death all because he was black. So when Governor George W. Bush refused to support hate crimes legislation, it was like my father was killed all over again.

AL GORE, THEN-VICE PRESIDENT: They are in favor of affirmative action if you can dunk the basketball or sink a three-point shot! But they're not in favor of it if you merely have the potential to be a leader in your community! Don't tell me we've got a color-blind society!

THEN-SEN. JOE BIDEN, 2008 PRESIDENTIAL CANDIDATE: They're going to put you all back in chains.

FORMER PRESIDENT JIMMY CARTER: An overwhelming portion of the intensely demonstrated animosity toward President Barack Obama is based on the fact that he is a black man.

(END VIDEO CLIP)

HANNITY: Niger Innis? We see this every year. Democrats play the race card. So Chris Matthews playing the race card is no different than every other political year, is it?

INNIS: Absolutely not. And what Trump and other Republicans cannot do is march to the beat of the liberal media establishment and those that are playing the race card. They cannot go to the typical Republican default setting of having private meetings where black lives don't matter, of having a meeting in the Senate dining hall with Al Sharpton because they want to be loved by The New York Times.

(CROSSTALK)

GUSTER: ... never going to be loved by The New York Times, and if you want to create a real conservative Republican constituency in black and brown communities, you've got to find new leadership.

HANNITY: All right, then -- here's -- here's is an interesting thing that I think we can look at, at this particular point. Speaking -- if that hypocrite, that phony, Chris Matthews, is so concerned about race issues, he has a colleague at his own network. Let's look at the history of Al Sharpton!

(BEGIN AUDIO CLIP)

REV. AL SHARPTON, NATIONAL ACTION NETWORK: (INAUDIBLE) because you ain't nothing. You a punk (EXPLETIVE DELETED). Now, come on and do something.

(INAUDIBLE) We learned to admire them, but they knew to admire us. We built pyramids before Donald Trump ever knew what architecture was.

(INAUDIBLE) you want to be the only (EXPLETIVE DELETED) on television, the only (EXPLETIVE DELETED) in the newspaper, the only (INAUDIBLE)

(END VIDEO CLIP)

HANNITY: Should Chris Matthews, Eric Guster, be critical of Al Sharpton for playing the race card, considering it's such an important issue to him?

GUSTER: Well, the important thing that Republicans need to do, they need to start talking to minority candidates...

HANNITY: Did I ask you that?

GUSTER: ... minority groups and start appealing to them. If a person feels totally ignored by a group, like the Republican Party has ignored so many minorities for many years, then of course they're going to be ignored.  So that is part of the problem that the Republicans have.

(CROSSTALK)

HANNITY: That wasn't the question we're asking. Every election season, your party, the Democratic Party, plays the race card. Chris Matthews did it. Here's a montage. He plays the race card nearly every day, but he won't criticize...

GUSTER: No, the...

HANNITY: He won't criticize his fellow host!

GUSTER: The Republican Party plays it, as well.

HANNITY: Watch this.

(BEGIN VIDEO CLIP)

CHRIS MATTHEWS, HOST, "HARDBALL": Up next, what did Paul Ryan mean when he blamed President Obama's victory last week on the "urban" vote?  You like that word? Is he blowing that dog whistle again?

This thing about getting rid of the work requirement for welfare is dishonest. Everyone's pointed out it's dishonest, and you are playing that little ethnic card there.

They keep saying Chicago, by the way. Have you noticed? They keep saying Chicago. That's another thing that sends that message, This guy's helping the poor people in the bad neighborhoods, screwing us in the burbs.

The goal will be to erase not just Obama from the history books, but any evidence that someone of his background should ever think of being president.

This is rotten stuff, isn't it, the Republican effort to kill the black vote in state after state? We can all see what they're doing.  Believing they can't convert the African-American vote, they've decided to slaughter it. Same-day registration? You got to be kidding! That's like putting down a welcome mat for African-American voters. Look, this is murder in broad daylight.

(END VIDEO CLIP)

HANNITY: All right, so Chicago, Eric, according to NBC News -- that's racist. Urban is racist if you say the term "urban." And if you talk about a work requirement that too is some type of dogwhistle and racism.  Are you going to accept that type of rhetoric and discussion and that type of phony rhetoric used by your party?

GUSTER: There -- a part of that is very true. And partly -- and I'm going to talk about that. When the Republican Party is going against certain voters' rights, they're trying to block...

HANNITY: You mean a voter ID?

(CROSSTALK)

GUSTER: They're trying to change -- they're trying to change districts, trying to redistrict.

INNIS: Black voting percentage was higher...

GUSTER: That is part of the problem...

(CROSSTALK)

GUSTER: And you know that as well as Niger knows that. That is what happens. And when people are being ostracized by the political process and being pushed out of the political process, then of course they're going to go to the other party. And that's one of the issues...

(CROSSTALK)

HANNITY: Is the word "Chicago" racist? Is the word "urban" racist?  I mean, is this what it's now come to, we're going to count the number of blacks, Niger, in a crowd of a political candidate? But only the Republicans, not the Democrats!

INNIS: That's exactly right. And the reason that the liberals are doing this is because they have an abysmally bad record for the black community. Black economic wealth has gone down. Black unemployment has gone up.

(CROSSTALK)

INNIS: Wages for every ethnic group has gone up. Blacks has gone down. The fact is, they don't have a record to run on. So what do they run on? Racism. And what Republicans have to do...

GUSTER: What has the Republican Party done?

INNIS: And Eric, a point of agreement. I agree that Republicans need to engage the black community. But which black community? Not Black Lives Matter! There is a black silent majority...

GUSTER: Oh, my God. Niger agrees with me!

INNIS: ... a brown silent majority of decent people. Those are the folks...

HANNITY: We got to roll.

INNIS: ... that Republicans need to appeal to!

HANNITY: Thank you both. NBC, the network of cheap, race-card tactics.

Coming up next tonight here on "Hannity"...

(BEGIN VIDEO CLIP)

DEAN: This is, in fact, manufactured partly by a press that's bored and partly by the Republicans. Here's the deal. She did not break any rules. She did not break any policy.

(END VIDEO CLIP)

HANNITY: Good try. Former DNC chair Howard Dean shockingly refuels to blame Hillary Clinton for her private server scandal.

And then later tonight...

(BEGIN VIDEO CLIP)

LOVE: This is not about a right or a left issue. This is right or wrong and whether we are going to stand up for those who cannot speak for themselves or if we're going to just turn a blind eye and pretend that this is not happening!

(END VIDEO CLIP)

HANNITY: Utah congresswoman Mia Love gets very emotional talking about the videos exposing Planned Parenthood. She'll join us to tonight to weigh in on new footage that has been released as "Hannity" continues.

(COMMERCIAL BREAK)

HANNITY: Welcome back to "Hannity." So as the controversy surrounding Hillary Clinton's server continues to hurt her chances at winning the White House, well, Democrats are scrambling to downplay the severity of this latest scandal. Now, here's what Howard Dean tried to say on "Meet the Press" yesterday.

(BEGIN VIDEO CLIP)

CHUCK TODD, MODERATOR: At the end of the day, can you say that Hillary Clinton handled this well?

DEAN: I actually think don't think the answers are evolving. I think they're steady as she goes. Look, this is, in fact, manufactured partly by a press that's bored and partly by the Republicans.

Here's the deal. She did not break any rules. She did not break any policy. She may have sent stuff that was classified that wasn't labeled classified. And it is well known that the State Department and others are trying to get stuff classified after the fact. She can't be blamed for this.

So I look at this as the usual press frenzy, the pack journalism. And I think it'll go away because there's no substance to it.

(END VIDEO CLIP)

HANNITY: I'm not exactly sure what news Mr. Dean is watching. But yesterday on FOX News, former attorney general Mike Mukasey had a much more reasonable and smart reaction. Watch this.

(BEGIN VIDEO CLIP)

MICHAEL MUKASEY, FORMER ATTORNEY GENERAL: We're talking about information that went to the secretary of state, who is the highest foreign relations officer of the United States. It's inconceivable to me that a great deal of that was not classified.

It may not impact her personally eventually, if it comes -- if it comes to show that she didn't know what was on the server. But to say that the investigation is not of someone personally is ridiculous. The FBI does not investigate machines. It investigates people. And she certainly is one of the people who is being investigated.

(END VIDEO CLIP)

HANNITY: Joining us now with reaction, Democratic strategist Doug Schoen, from the Trump Organization, Michael Cohen, and "Outnumbered" co- host, our friend, Jedediah Bila.

Here's one of the more interesting things to me, Jedediah, is when Josh Earnest said today, Oh, the smartest thing that Obama ever did was appoint his good friend, Joe Biden. That ought to show that -- the president's confidence in his ability to take the top job.

(LAUGHTER)

JEDEDIAH BILA, CO-HOST, "OUTNUMBERED" HOST: Right.

HANNITY: Sounds like Obama is pushing Biden.

BILA: Listen, I'm pushing Biden. I keep telling people I have a big "Run, Biden, run" sign over my bed. I want this...

HANNITY: Crazy uncle Joe.

BILA: I feel like Hillary feels like she's entitled to this job, like she's been waiting and this is hers, and no matter what happens, she can get away with it, whether it's her e-mails, whether it's Benghazi, whatever it is. I feel like she feels, You know what? It's my turn! Guess what?  It might not be your turn because now we hear Biden might be meeting with Elizabeth Warren to talk...

HANNITY: No might. They met.

BILA: Right. And who knows what's being said!

HANNITY: But here's the detail. Somebody leaked that. He could have called Elizabeth on the phone.

BILA: Sure.

HANNITY: Elizabeth, it's Joe Biden, the vice president. Let's have a talk. No, they made a big deal about the meeting.

BILA: Well, they're worried about her! They're worried about her...

HANNITY: Of course they are!

BILA: ... because Democrats are looking and saying, This isn't a sure thing by any stretch of the imagination!

HANNITY: All right, 30,000-plus show up for Trump in Alabama, biggest campaign event so far. Trump says...

MICHAEL COHEN, TRUMP ORGANIZATION: Maybe in history.

HANNITY: I don't know. Obama had a couple of big ones. Remember the columns, the -- all right, but anyway, so Trump says it doesn't matter if it's Clinton or Biden, they're one and the same.

COHEN: It doesn't matter who the Democrat's going to be. Trump's going to end up winning the presidency anyway. He has the message that everybody wants to hear.

HANNITY: Does she survive?

COHEN: I don't think so. I think that she will...

HANNITY: Are you speaking as a lawyer now?

COHEN: I'm speaking as a lawyer. She's clearly in violation of 18 USC, I believe it's 798. It's -- there's no question about it. That's why the FBI is looking at it. The whole nonsense about wiping...

HANNITY: It's 793. It's also-

(CROSSTALK)

HANNITY: ... 18 U.S. Code 2071, which by the way, would -- she would not only forfeit her office, but also disqualify her from holding any other office!

COHEN: Well, that 793 is a second...

HANNITY: That's right.

COHEN: ... claim that's being brought up. But 798 is this willful and intent to provide information and not to have it secured.

HANNITY: You know, Doug, I don't think you've ever been the biggest fan of Hillary.

DOUG SCHOEN, FOX NEWS CONTRIBUTOR: I've certainly known her for, say, 20- odd years.

HANNITY: OK. I don't know if she gets out of this. At best, she's a mediocre -- and I'm being charitable...

SCHOEN: Yes.

HANNITY: ... candidate. She's not a good candidate. She's not warm.

SCHOEN: Right.

HANNITY: She's not energizing like Donald Trump or -- or...

SCHOEN: Right.

HANNITY: ... Ted Cruz or Marco Rubio.

SCHOEN: That's fine. She gets out of this, given the Democratic advantage of the Electoral College, as Michael Cohen knows all too well.  And 17 candidates on the Republican side, some of whom are ganging up now on your boss now. You know, it won't be the worst thing. Mike Mukasey made it clear, unlikely to be charges if it's shown, as I believe, that there was no personal intent --

HANNITY: What do you mean as I believe? No personal intent doesn't matter.

SCHOEN: It does matter.

HANNITY: OK, but after these were subpoenaed she waited two years, then she erased some of them, which we may recover.

SCHOEN: Come on. Those were personal emails.

HANNITY: Whoa, whoa. Personal emails? She said she was emailing with Bill but Bill doesn't email.

MICHAEL COHEN, THE TRUMP ORGANIZATION: What personal information could she possibly care about so great --

SCHOEN: Yoga and wedding plan.

COHEN: -- and 30,000 emails on yoga.

SCHOEN: Wedding.

COHEN: Big wedding. She has a wedding planner.

SCHOEN: Exactly.

   COHEN: She should not be doing anything on an unsecured server.  Every government official learns about security and they're given security clearance.        

(CROSSTALK)        

COHEN: She was -- she was -- hold on. She was -- hold on. She was the first lady. She was the governor -- senator. And now she's secretary of state. She knows better.

HANNITY: Would Mr. Trump give me $1 million if Vladimir would sell us the server?

COHEN: In a heartbeat.

HANNITY: Two million?

   COHEN: I don't know.

(LAUGHTER)

   HANNITY: Will you give $1 million?     

COHEN: I'll come to you for the loan, Sean.

HANNITY: You wanted me to run third party one time.

SCHOEN: I still do.

HANNITY: Mr. Trump is the ultimate outsider. Congress has a 12 percent approval rating. I hate the Republicans for their spinelessness.  So why don't you think he could win?

SCHOEN: I don't because I think the Republican Party elite will fix the process to deny him the nomination.

HANNITY: And if they do there will be hell to pay by the people --

SCHOEN: So are you announcing that there is going to be a Trump- Hannity ticket? Are we making news tonight?

HANNITY: No. Donald Trump is smart enough --

SCHOEN: Will you make a Sherman-esque statement?

HANNITY: No.

SCHOEN: You will not. Michael, go back to Donald and tell him Sean is available.

JEDEDIAH BILA, FOX NEWS CONTRIBUTOR: I'll do it. I'll take one for the team.

HANNITY: Can he win?

BILA: I watched his speech on Friday night. We covered is live on FOX Business. I don't see anybody else on the Republican side who can give a speech like that right now. I am not impressed with anyone else's ability to be charismatic, to say the right things, to engage people.  Look, people aren't going to pay attention to your policy unless you say it in a way that's charismatic. And that's what he's doing.

   HANNITY: I agree. We will only let the media --         

BILA: I agree with Dough, though. His biggest problem is going to be the Republican elite. They want Jeb Bush.

HANNITY: How do they fix the system --

SCHOEN: They demand a loyalty oath. They say we're going to decertify your delegates if you don't support the ticket, the platform, everything about the Republican Party. He's already said no.

HANNITY: You know what, there's going to be such a backlash.

BILA: There would be such outrage across the country.

COHEN: It sounds to me like it's unconstitutional to start.

SCHOEN: They make their own rules. They can do what they want. And more important than that, if they do that --

COHEN: What's more important than the constitution?

SCHOEN: Nothing.

COHEN: Exactly.

SCHOEN: If they do that -- when I say more important, if they do that, he will run third party. He already warned them. I just want to be treated fairly.  

HANNITY: He said to me, if he's treated fairly, he doesn't run third party.

SCHOEN: I tried to get you to run in 2012. Here is the thing. As you will find, councilor, the rules on getting on the ballot third party have been rigged by both parties to make it very, very difficult.

HANNITY: That's true. You actually had all 50 states.

SCHOEN: We did. And you know what, the parties did everything they could to tamp down --

HANNITY: You're saying by the time Trump would make the decision it would be too late.

SCHOEN: Precisely.

COHEN: That would be a big problem.

SCHOEN: The big problem with the United States of America, Michael.  It's undeniable that Trump has the support to be credible no matter whatever platform he runs.

HANNITY: I think Trump is great for the system right now.

BILA: Oh, fantastic.

HANNITY: Because he is forthright. Hopefully it will embolden other Republicans to speak freely.

SCHOEN: I agree.

HANNITY: They have been timid in their approach.

COHEN: He is providing what America desperately needs right now, which is hope, inspiration, and honesty.

SCHOEN: And a Clinton-Trump election would be great for America.

BILA: He is also making them work. Republicans look alive.  I watch them in these debates, and I'm like, what are you trying to do? You think you're going to be able to take on Hillary if you don't look alive. Now there's a guy is on the stage forcing them, forcing them to look alive and to get out there and speak up.

HANNITY: I agree with you.

BILA: So good for him for doing that. If nothing else he has forced everyone.

COHEN: Except for Jeb. Except for Jeb. He looks like he's still asleep.

BILA: Because he is not capable of doing it.

COHEN: He just doesn't have enthusiasm.

HANNITY: I think any candidate, if you're going to win you better have a good media presence and you better have strong conviction and you better be willing to stand on convictions.

SCHOEN: Sean, I say this as a Democrat. The best candidate on the Republican side in terms of message, compelling presentation, Donald Trump.  Not even close.

COHEN: I agree. I'll even shake your hand on that.

SCHOEN: I'll shake it.

HANNITY: Good. They'll go out and fight later on.

(LAUGHTER)

SCHOEN: No, no.

HANNITY: Thank you all for being with us.

Coming up next tonight on "Hannity."

(BEGIN VIDEO CLIP)

REP. MIA LOVE, R-UTAH: This is not about a right or left issue.  This is right or wrong, and whether we are going to stand up for those who cannot speak for themselves or if we're going to just turn a blind eye and pretend that this is not happening.

(END VIDEO CLIP)

HANNITY: Mia love gets emotional while talking about the disturbing Planned Parenthood videos. She's here next.

And then later tonight.

(BEGIN VIDEO CLIP)

ALLEN WEST, PRESIDENT, NATIONAL CENTER FOR POLICY ANALYSIS: The United States of America does not surrender to a bunch of black robed, crazed clerics that want to see us destroyed.

(END VIDEO CLIP)

HANNITY: Allen West sounds off the alarm about the disastrous nuclear deal with Iran. He'll be here to explain the dangers and much more, straight ahead.  

(COMMERCIAL BREAK)

HANNITY: Welcome back to "Hannity." The Center for Medical Progress recently released yet another video exposing Planned Parenthood. This clip features a woman identified as the company of CEO of the company Stem Express openly joking about how they buy fully intact fetuses from Planned Parenthood. As with all the videos, we have to warn you, our viewers, that what you're about to see contains highly graphic information. If the kids are in the room, three, two, one. Here you go.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh, yes. If you have intact cases, which we've done a lot, we've shipped those back to our lab in its entirety. Tell the lab it's coming. They'll open the box.

(LAUGHTER)

(END VIDEO CLIP)

HANNITY: Ha, ha, ha. Joining us with reaction Utah Congresswoman Mia Love. Congresswoman, I saw you on Lou Dobbs. This is very emotional for you.

LOVE: It's serious, it's emotional, and it's personal. I mean, think about this. Have we become so desensitized that we can laugh about killing babies, harvesting body parts to sell like commodities on the street? If this is the reality it's certainly something I'm unwilling to accept. It's absolutely horrific.

HANNITY: But they're also altering abortion procedures, which, by the way, is against the law in and of its own right, so they can save the hearts and lungs and the livers of these children and pull them out intact.  I had the head of the Center for Medical Progress on. He suggests that that indicates, and we had the one person that worked there that said the heart was beating when the baby came out and they're cutting into the brain from the face. Then they're talking about sipping wine and eating salad and talking about buying Lamborghinis, negotiating the prices of the parts.  But they're still getting a half and billion dollars a year from the government.

LOVE: We need to do what we can to make sure the American people do not forget what's happening. Now, watch, this is what's going to happen.  The left and those who want to protect this organization are going to turn this conversation from killing of babies and shutdowns, health issues, and everything to kind of distort, distract, and divide Americans into thinking what's actually happening isn't happening, the fact that they are actually taking brain tissue from live babies. These are American babies.

HANNITY: Let me ask you about Planned Parenthood. For example, Hillary Clinton got the Margaret Sanger award. Margaret Sanger was a racist. She spoke before Klan members. She believed in black eugenics and that black people shouldn't have children. All this is well chronicled and not in dispute. Why would Hillary Clinton take an award that honors a woman that founded this organization that was so virulently racist?

LOVE: Well, because there is a difference. You will see the difference between -- between the left and the right. What you'll see is that the left believed that our people are pretty much -- we believe that they're assets that can be developed. Or they believe that they're liabilities that need to be managed.

   We believe that human beings have the right to live, that our job is to protect life, liberty, and the pursuit of happiness. And they don't care about these things. Here we are. We're accepting the fact that black Americans make 12 -- make up 12 percent of the population yet Planned Parenthood aborts 78 percent of minorities in this country. This is an issue that should be something that we're both on the same side of.

HANNITY: Let me ask you. There was an estimate that was out last week, some 13 million black children were aborted since '73 and that 79 percent of Planned Parenthood offices are in or near minority communities.  Do you believe that there is a racial element to this?

LOVE: Well, again, we make up 12 percent of the population, and, yet, let's look at who they're aborting. This is an issue that the CDC should be taking on as far as I'm concerned. It should be something that, as an organization, if they're going to do everything they can to help the black race they should be on top of this issue and oppose Planned Parenthood and the practice of aborting of these babies.

HANNITY: All right, Mia Love, thanks for speaking out on it. We appreciate it. We'll watch closely as Congress gets back in session.

When we come back, Lieutenant Colonel Allen West is here to react to the disastrous Iranian nuclear deal and much more.  

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

WEST: What message are we sending when we sit down at the table with the number one state sponsor of terrorism? What message are we sending when we sit down with a country that is holding four Americans hostage?  The United States of America does not surrender to a bunch of black robed, crazed clerics that want to see us destroyed.

(END VIDEO CLIP)

HANNITY: Wow, powerful, forceful response by Colonel Allen West to the Iran nuclear deal at a recent rally in New York City. Joining us now to explain his deep rooted opposition to this bad nuclear agreement, the man himself, president of the National Center for Policy Analysis and FOX News contributor, Lieutenant Colonel Allen West.

Great speech. Number one state sponsor of terror. They get $150 billion. They get to build ICBMs, spin their centrifuges, get conventional weapons, and declare that we're Satan and they're going to wipe Israel off the map. What did we get? Tell me one thing we got.

WEST: Sean, it's good to be with you. We got absolutely nothing. I think the only thing that the United States of America gets is an exhibit that will be in President Barack Obama's library wherever he decides to build it.

But when you look at what just recently happened in the last 24 hours, Iran has announced that it is producing a new short range ballistic nuclear missile that has a range of about 315 miles. This week they will finalize the agreement with Russia to get four of the S-300 antiaircraft missile systems which are state of the art and which will make it very difficult to attack any type of nuclear sites there.

And we know Mahmoud Abbas is traveling to Iran this week. I think that he's going to there to see about how he can get funds that are going to be unfrozen back to Iran. So we get absolutely nothing from this but Iran becomes an economic power, a military power. The president, Rouhani, has have said that they will sell weapons and they will buy weapons anytime from anyone, anywhere.

HANNITY: I have a simple formula. One and one equals two. A- squared, B-squared equals C-squared, radical Islamic mullahs that say they want to wipe Israel off the map and destroy America coupled with weapons of mass destruction equals a holocaust. Am I wrong? Is that a likely conclusion? And why would this president allow this to happen?

WEST: You're very correct. And if you are a student of history you can go back to 1936 to about 1939 and you can see what happened when the western powers said that they were reticent about avoiding war, and they sat back and they allowed Nazi Germany to become an economic power and a military power. Adolf Hitler took the Rhineland without firing a shot, a very industrial area. Then Adolf Hitler demanded the Sudeten land and he was given that because he said he wanted to protect ethnic Germans. And then he went and took Czechoslovakia. Of course, Neville Chamberlain went to Munich. An agreement was signed that was said to be peace in our time.  But all it did was prove that any time weak nations go into agreements with belligerent, strong nations led by dictators and theocrats and autocrats, those weak nations will lose and war is imminent, and war cannot be avoided.

HANNITY: We're not going to be able to stop this, are? Obama has pretty much rigged it. He's going to veto. He's going to override a veto.  They won't be able to override his veto in the end, right?

WEST: Well, we should have allowed this to be treated as a treaty and not as an executive agreement. And therefore the onus would have been on President Obama to achieve two-thirds in the Senate for that to be ratified. But now all he has to do is get one third plus one, which comes out to 34 senators. And I believe right now he's at 27. And the Republicans are going to have to get 291 in the House of Representatives so that they can have the veto-proof agreement. But the Iranians are going to continue on. The United Nations has already unanimously endorsed this agreement.

HANNITY: All right, Colonel, thank you for your outspokenness on this.

WEST: Thanks.        

HANNITY: When we come back, we need your help. Our "Question of the Day" is next.          

(COMMERCIAL BREAK)     

HANNITY: Welcome back to "Hannity." Time for tonight's "Question of the Day." Do you think Vice President Joe Biden will run for president?  Oh, crazy uncle Joe, you never know, a human gaffe machine. Maybe he should get in. Anyway, I don't think he'll win in the end. Just go to Facebook.com/SeanHannity, on Twitter @SeanHannity and let us know what you think.

That's all the time we have left this evening. We hope you set your DVR so you never miss an episode. We take attendance and we get so upset when you're not there. See you tomorrow night. Thanks for being with us.

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