TRANSCRIPT

Levin challenges Mueller: What's your intention?; Gorka: US wants to crush ISIS, not war with Russia

Deputy assistant to the president weighs in on escalating tensions with Moscow on 'Hannity'

 

This is a rush transcript from "Hannity," June 20, 2017. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: This is a Fox News Alert. Welcome to "Hannity."

America is at a turning point. A soft coup is taking place in this country, (INAUDIBLE) overturn election results in an effort to remove this president from office. Now, our must-see "Opening Monologue" is less than a minute away.

But first we get an update on the special election in the Georgia congressional sixth district.

BRET BAIER, "SPECIAL REPORT" HOST: This is a Fox News Election Alert. Two special elections tonight, one in South Carolina, the other in Georgia to fill the House seat vacate by HHS Secretary Tom Price. At this hour, Republican Karen Handel is ahead by about 10,000 votes, and Republicans are increasingly confident that a strong Election Day turnout even in the rain there and a big turnout in more conservative Cobb County, Georgia, will be enough for Handel to beat Democrat Jon Ossoff.

This was the most expensive House race in U.S. history, candidates spending about $150 to $250 per vote when all is said and done tonight. Again, we could see a result here soon. We're watching the numbers.

In South Carolina, a call. Republican Ralph Norman has defeated Democrat Archie Parnell. Norman fills the seat vacated by the president's budget director, Mick Mulvaney.

We'll keep you updated throughout this hour, "Special Report" back at 11:00 PM Eastern for live coverage and analysis. Now back to "Hannity."

HANNITY: And thanks. And of course, we'll have updates on that race throughout the hour.

Also tonight, a soft coup is under way right here in the United States of America in an attempt to overturn November's election results and forcibly remove a duly elected president from office, sinister forces quickly aligning in what is becoming now, in my mind, a clear and present danger. That is tonight's very "Opening Monologue."

All right, so if you're in America, we're at a turning point tonight with forces now forming an alliance to try and remove President Trump from office. It's that serious.

Now, here are the five dangers we are facing, especially the president. One, you've got the destroy Trump media that has been lying to you now -- provable lies -- for 11 months nonstop. Trump-Russia collusion, black helicopter theories, no evidence whatsoever.

Two, you've got what I've been calling the deep state selectively leaking information to damage the president and anyone associated with him.

Three, special counsel Mueller's investigation mission creep I've been telling you about. Well, it's now turned into an out-of-control what is a political witch hunt. It needs to be stopped.

Four, all this manufactured turmoil putting President Trump's agenda in jeopardy, which ends up directly impacting every one of you out there, the American people.

And five, this effort to override the will of the American people, change the results of a presidential election, is now creating a national security crisis. America is now suffering from a massive informational crisis because, I call them the destroy Trump media, has routinely been exposed now, agenda-driven propagandists more than happy to push debunked tinfoil hat conspiracy theories.

For example, the media relentlessly peddling one of the biggest lies in American history, that is that the president colluded with the Russians. Now, that's because members of the media are nothing more than left-wing ideologues pretending to be journalists. Remember, they're the ones that colluded with Hillary Clinton, exposed by WikiLeaks in the 2016 election.

The media has one clear shared goal in mind, and that is to damage, stop and destroy Trump's presidency, sadly, it appears, by any means necessary. We have been highlighting right here on this program night after night just how unhinged these people have become. And they don't care about facts. Obviously, they don't care about the truth, which is why The Washington Post, The New York Times, ABC, NBC, CNN, all exposed as having gotten their reporting wrong. But the destroy Trump media, they're not the only ones whose collusion narrative, by the way, has completely crumbled.

Take a list (sic) at the long list of Democrats admitting no evidence of collusion, zero, zip! Take a look.

(BEGIN VIDEO CLIPS)

REP. ADAM SCHIFF, D-CALIF., "THIS WEEK"/ABC, JUNE 18: Well, you know, the allegation, of course, is that the Russians and the hacking and dumping of documents in the election had essentially relationships with Trump campaign peopleā€¦ but I'm not prepared to say that there's proof you could take to a jury.

GEORGE STEPHANOPOULOS, "THIS WEEK"/ABC, JUNE 11: Do you agree with this conclusion that the president has reached that there was no evidence of collusion?

SEN. JOE MANCHIN, D-W.VA.: You know, we haven't seen any of that whatsoever, George. We've been looking and showing (ph) everything that they possibly have. That has not led to that.

(END VIDEO CLIPS)

HANNITY: The next threat, and perhaps the most dangerous, the deep state. That is the unelected --what I call the fourth branch of government -- consisting of a lot of Obama holdovers, anti-Trump bureaucrats who now are routinely targeting the president, his administration with selective leaking to hurt him.

Now, this deep state works closely with the destroy-Trump media to disseminate false information about the president and his administration. And what's even more dangerous, more sinister about the deep state is that they're willing to break the law, leaking classified information like in the case of General Flynn.

Then you have the former FBI Director James Comey, admitting under oath he had his memo leaked to The New York Times. He had a goal. He wanted the appointment of a special counsel. And a prime example is the unmasking of General Flynn. That was a violation of the Espionage Act. That's a crime. That's a felony, by the way. And then Flynn's Fourth Amendment rights, by the way, totally trampled on. You've heard nothing about it. There's no investigation there. Why? Again, the deep state, they don't care. They're only concerned with taking down President Trump and President Trump's associates.

Then you've got number three, the special counsel. Look at Mueller's investigation mission creep. Remember? President Trump has called this the greatest political witch hunt in American history? Well, I'm here to tell you the president is right. Mueller's sole purpose was to investigate so-called Trump-Russia collusion, but Mueller is now expanding that investigation, and he's digging into finances and Jared Kushner and obstruction of justice. And guess what? He's not going to stop there. Why? Because there is no Trump-Russia collusion, so he has to move on to other things.

And I'll tell you what's most alarming about this. Mueller is having massive conflicts of interest. He should recuse himself. He's incapable of carrying out a fair and impartial investigation.

Now, Mueller needs to end this witch hunt right now. He's best friends with James Comey. The two have been best friends for a long time. And who do you think Mueller is going to side with when it comes to the president and his word versus James Comey's word? That's pretty obvious, pretty unfair.

And then there's the fact that members of Mueller's investigative team, the lawyers he's hiring -- they've all, many of them donated big, big bucks to, let's see, Barack Obama, Hillary Clinton. And on top of that, perhaps most sinister, one of the lawyers Mueller has hired actually was Clinton's attorney at the Clinton Foundation, defending the Clinton Foundation against getting you information and preventing Freedom of Information Act requests! Oh, isn't that great about the foundation?

Now, imagine for a second -- just stand back -- if Republicans ever tried to pull anything like this? You know, let's hire Donald Trump's lawyer to investigate President Hillary Clinton. The left-wing outrage would be like nothing you've ever seen before.

If Mueller wants to investigate actual crimes, actual collusion, by the way, a real conspiracy Donald Trump or real conspiracy with Russia, maybe he should focus attention on other things. Let's start with Loretta Lynch. Let's start with the Clintons. James Comey testified that Lynch influenced his investigation into Hillary Clinton's email server. Is that not that textbook definition of obstruction of justice?

And if Democrats and the media want to talk about collusion, well, we can talk about collusion. You know, was it wrong for Loretta Lynch to meet Bill Clinton on the tarmac or to convince James Comey not to say investigation, but a matter? Or as Sara Carter and John Solomon have reported, was it wrong when she reported that Comey confronted her as having been in the tank for Hillary all along and put the kibosh on any indictment?

What about when serving as secretary of state? Hillary Clinton handed over 20 percent of America's uranium to who? Oh, Vladimir Putin, the Russians, the corrupt Uranium One deal! And while people involved in that deal donating, kicking back big dollars, millions of dollars to the Clinton Foundation, her husband doubling his speaking fees in Moscow.

All this manufactured turmoil from the left, the Democrats, destroy Trump media, the deep state, is creating a completely dysfunctional environment in Washington and for the country.

And you, the American people, you're the ones suffering because these forces are slowing down what you voted for. A president enacting the agenda he promised, means fewer jobs, less economic growth, no border wall, no tax reform, no repealing, replacing ObamaCare, no getting people out of poverty, off of food stamps, back in the labor force, buying homes at a 51-year low.

The longer these attacks continue, the longer it will take for you, the American people, to benefit from what from what you voted for, the president's policies and agenda. And all of this is now creating a very clear, present danger to the country. The left is suffering well beyond Trump derangement syndrome. It's completely unhinged.

Look at how vile some of their rhetoric has been.

(BEGIN VIDEO CLIPS)

MADONNA, SINGER, JAN. 21: Yes, I have thought an awful lot about blowing up the White House!

PROTESTERS, ST. PAUL, MINN., AUG. 29, 2015: Pigs in a blanket, fry 'em like bacon! Pigs in a blanket, fry 'em like bacon!

PROTESTERS, DEC. 13, 2014: What do we want? Dead cops! When do we want it? Now!

THEN-SEN. BARACK OBAMA, D-ILL, AUG. 5, 2008: I'll put Mr. Burgess up against Sean Hannity. He'll tear him up.

JOSEPH BIDEN, FMR. VICE PRESIDENT, OCT. 21, 2016: The press always asks me, Don't I wish I were debating him? No, I wish we were in high school, could take him behind the gym!

STEPHEN COLBERT, HOST, "THE LATE SHOW"/CBS, MAY 5: I think the more most accurate football metaphor might have been the GOP just kicked America in the balls. Thank you.

RACHEL MADDOW, MSNBC HOST, "THE LATE SHOW"/CBS, MAY 2: Is a weird tension. I think what's a dangerous time for the First Amendment and for the free press in his country and at the same time, we're oddly influential with the guy who wants to kill us.

ROBERT DE NIRO, ACTOR, "THE VIEW"/ABC, FEB. 3: How dare he say that to the crowd? How dare he say the things he does? Of course I want to punch him in the face.

(END VIDEO CLIPS)

HANNITY: You want to punch the president in the face and Madonna dreaming of blowing of the White House? Now, think about this. Now we have severed heads, Trump look-alikes in an ISIS pose. Now we have assassination lists in Alexandria, Virginia, and Republicans targeted for assassination. You don't think that's insanity?

You don't think the left, their deranged hate and rhetoric -- you don't think that this could ever be reconciled with, for example, some of the actions that's happening here.

This is now reaching a point of no return. It's beyond serious. If these forces are successful, this country will not survive. If they continue with lies, propaganda, misinformation and outright conspiracy theories, where do the people go to get their country back?

And why don't they go after the people that we know committed actual crimes? Why aren't they investigating Loretta Lynch, Hillary Clinton, the deep state, the leaks that have been coming out, all illegal? Why are they going after only President Trump?

Now, by the way, just so you know, this isn't about just President Trump. This isn't about just people around the president. This is more deeply about you, the American people. You know, it's a big middle finger right in your face. You know, these people don't care about you, Mueller, Rosenstein, Comey, deep state, destroy-Trump media, weak Republicans. They aren't acting on your behalf. They don't seem to care how all of this is impacting you, your families, those of you out of work, in poverty, you know, on food stamps, those of you out of the labor force, 95 million of you.

You know what? They think they're smarter than you. They know better than you. It's not about you to them. It's not about what you want. This is about what they want.

If you're sick and tired of it, I think you should let your congressmen and women know. I think you should look at the media tonight and ask, Are they telling you the truth anymore?

We're at a turning point. You, the American people, have a profound choice to make here. You can let this continue to happen, watch the country descend into chaos, you can sit back, or you can stand up and fight for what you voted for back in November and the agenda that you want implemented in this country.

Here with reaction, conservative commentator Monica Crowley. Am I overstating the case?

MONICA CROWLEY, CONSERVATIVE COMMENTATOR: Amen, brother Sean! I think you've really laid out very well what this president is up against. He is facing an unholy alliance between the left, the establishment on both sides, the media, the permanent federal bureaucracy, the deep state and the international community!

Now, as a presidential candidate, Donald Trump was strong enough to withstand the assault coming at him from all of those elements. As president, it's something completely different. And I hope and pray that he is strong enough to withstand what is coming at him.

This Russia thing is falling apart at the seams. And when it goes away, which it will because there's no evidence whatsoever...

HANNITY: By the way. No, no. It's gone.

CROWLEY: ... of the Russia collusion...

HANNITY: They will die (ph).

CROWLEY: ... (INAUDIBLE) they're perpetuating it -- but when it is gone, and it will be gone relatively soon, they will find something else. They're not going to stop because we're confronting something much bigger.

Donald Trump is regarded with sneering disgust by all of the elements that I just identified. And therefore, he's considered unworthy of the job and unworthy of the respect that goes with that job.

But more importantly, Sean, he represents an existential threat to all of those elements that I just identified. Therefore, he must not be allowed to succeed because if he does, all of those elements lose their gravy trains, their power and their influence. Therefore, they will use whatever political weapon they can and whatever legal weapon they can, including the special counsel, to try to not just discredit him. That we could actually survive and handle.

HANNITY: I think two things, though...

CROWLEY: They want to destroy his presidency, and they want to destroy him personally!

HANNITY: They don't get rid of this deep state and these -- leaking of intelligence -- you can't control the media. They're agenda-driven and they're just propaganda, you know, news at this particular point. But you can stop what's happening in the government.

CROWLEY: Yes.

HANNITY: All right. When we come back, the "great one," Mark Levin -- he has now uncovered a decade-old DOJ document which explains, in fact, something the media will never tell you, why a sitting president cannot be indicted for obstruction of justice. The great one is here to explain.

And later, an explosive new report by Judicial Watch regarding key documents in the Obama spying scandal. You won't believe what these documents show. We have a HANNITY investigation. Tom Fitton will join us. Also, Sara Carter, Gregg Jarrett and much more on this busy breaking news night. Stay with us.

(COMMERCIAL BREAK)

BAIER: This is a "FOX News Alert." The most expensive House race in history is ending with the Republican winning. Karen Handel is now projected to win Georgia's special election to fill the House seat vacated by HHS secretary Tom Price, beating Democrat Jon Ossoff. National Democrats had high hopes for this race as a referendum on the Trump presidency.

Steve Harrigan is live at Handel headquarters in Atlanta. Good evening, Steve.

STEVE HARRIGAN, FOX NEWS CORRESPONDENT: Bret, the excitement here has been building throughout the night. We saw the Republican a few minutes ago, Karen Handel, coming out before this crowd and saying she wants to dot the I's, cross the T's before she made any announcement. We expect her in a few minutes' time.

She made it clear throughout this campaign it was not a national referendum on Donald Trump, but a lot of her supporters here when you to them, they say otherwise, that this is about President Trump. Bret, back to you.

BAIER: We'll see remarks here live. Now back to "Hannity."

HANNITY: Welcome back to "Hannity." So the left, the destroy Trump media -- they continue to push the Russia-Trump collusion narrative, and now they're trying to suggest, Well, we can't get him on that, so let's move to obstruction of justice. Let's move into financial issues.

Now, the "great one," Mark Levin, recently uncovered an old DOJ document which suggests that a sitting president cannot be indicted in criminal cases.

Look up at the screen. The memo reads in part, "In 1973 the department concluded that the indictment or criminal prosecution of a sitting president would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions."

It goes on, quote, "We believe that the conclusion reached by the department in 1973 still represents the best interpretation of the Constitution." Finally, they assert, quote, "We believe that the Constitution requires recognition of a presidential immunity from indictment and criminal prosecution while the president is in office."

Here with reaction, the author of a soon-to-be best-selling book -- look at her right there -- "Rediscovering Americanism and the Tyranny of Progressivism," I call him "the great one," Mark Levin. Love the cover. You're going to be on next Monday. We're going to talk all about the book.

MARK LEVIN, RADIO TALK SHOW HOST: Right.

HANNITY: Not tonight. Let's talk about what you found here. This is profound to me.

LEVIN: Well, let's talk about this because we've had a debate the last several weeks as a result of the Jim Comey illegal leak through his law professor buddy to The New York Times that the suggestion is that Donald Trump obstructed justice.

Now, you and I know and anybody with any competence knows that the president of the United States not only didn't obstruct justice, he can't obstruct justice. That aside, this has been the debate for weeks, obstructing justice (INAUDIBLE) Well, will Mueller investigate him? Mueller has investigated -- that's not the question. That's media insanity.

The issue is, why would Mueller investigate a sitting president at all as a criminal matter? Because it's been the position of the United States Department of Justice under Republicans and Democrats and a 1973 memorandum and an October memorandum under the Clinton administration that you must not, cannot indict a sitting president! Not that this president would be, that's not that my point. As a matter of constitutional interpretation for 44 years, that's been the position of the Department of Justice.

We've had law professors, homeless people, would-be law professors all over TV and radio talking about obstruction of justice. We've had media types talking about it. We've had members of Congress talking about it. It doesn't matter! The official position of the Justice Department is we don't charge a sitting president with a crime.

Now, you don't have to trust me. Here's part of the memo. This memo was written October 16th, 2000, and incorporates writings from the 1973 memorandum. The OLC, Office of Legal Counsel, which advises the president and the attorney general on constitutional issues -- at one time, it was headed by Bill -- William Rehnquist, who'd been chief justice, at one time Antonin Scalia. That's how important this office is.

The OLC memorandum in 1973 proceeded to this issue, examining whether criminal proceedings against a sitting president should be barred by the doctrine of separation of powers. What they concluded is it is barred by the doctrine of separation of powers!

And here's the reason. There's only one person who runs the executive branch, who's the commander-in-chief, the president of the United States! It's not like Congress. We have 40 -- 435 members of the House or the Senate, where you have 100 members of the Senate, or the courts, where there's a thousand federal judges and so forth.

The president is it! One national election, one president, specific duties under article 1 of the Constitution of the United States! And what they explained in the two memoranda is this. You cannot have a prosecutor who is responsible to nobody digging into the background, charging a president of the United States, debilitating his presidency, making it impossible for him to focus on his constitutional responsibilities, domestic and foreign!

You cannot have a judge and a jury determining whether an election is going to be reversed! You cannot have average citizens -- yes, I said average citizens, 12 citizens -- sitting as they typically would in an average case involving an average other citizen defendant! That's not this case! It's the president of the United States!

And the framers of the Constitution set up a completely separate system for him or her called the impeachment process. We're not going to get into that now.

Now, what they've said is that it's quite clear that if a president of the United States has to spend time defending himself, if a president has to expend time going to trial, being deposed, if a president has to spend time, you know, protecting himself, then it -- it damages, it handicaps one of the branches of the federal government and thereby destroys separation of powers.

This is the position of the Department of Justice! Now, why does that matter? Because Mr. Mueller is not an independent agent! They can call I mean independent, special prosecutor. They can call him a kumquat! It doesn't much matter.

The fact of the matter is the rules and regulations that apply at the Department of Justice to all prosecutors apply to Mr. Mueller! The fact that Jim Comey leaked his memo, tried to push an obstruction of justice scenario and pressed for a special counsel, which he got, his dear, long- time good friend, Robert Mueller, doesn't change the fact...

HANNITY: Mark, let me get to one question.

LEVIN: ... that the department of -- yes?

HANNITY: And I don't want to interrupt your thought. This is too deep. This is what you're great at. And by the way, "Rediscovering Americanism" -- we'll get into that Monday.

And this is important constitutionally. I keep talking about five forces against this president, and what I call a soft coup. You've got the deep state, the nonstop leaking, and then of course, you see all these people appointed by Mueller. You've got a media, 11 months of nonstop lying, conspiracy theories, Democrats that never accepted the election results. Weak Republicans -- they never liked Trump, and then never-Trumpers, they want some relevancy and to say, I told you so.

But I've never seen the forces align under a banner of conspiracy, lies, hiring Clinton attorneys to be part of Mueller's team -- is this the real danger? Last question.

LEVIN: Well, yes, and I've been calling it a silent coup now for some time. What's going on here is the...

HANNITY: Great minds think alike. Thank me.

LEVIN: Yes, they do. They do. What I've been calling this is the criminalization of politics, and this has been going on for some time with the Democrats. They tried against every single Republican president.

How is it that after eight years or during eight years of Obama, we have the IRS matter, we have Fast and Furious, we have all these different issues going on, not once was there a special counsel. And three months into his presidency, four months into his presidency, on bogus issue after bogus issue after bogus issue...

HANNITY: And now they move on.

LEVIN: ... now we have a special counsel.

HANNITY: No Russia...

LEVIN: I just want to...

HANNITY: No Russia, collusion so we'll move on to obstruction. Then we'll move on to...

(CROSSTALK)

LEVIN: I want to be clear! We ought to get off obstruction, and the issue should be, Mr. Mueller, what is your authority for investigating the president of the United States as a criminal matter? We'd like to know what it is because right now, if that's your intention -- I'm not saying he's doing it, we don't know -- you're violating Department of Justice policy that's 44 years in place!

And for the liberal lawyers and media types who are going to debate the memo, they can debate it all they want. That's the Department of Justice policy, whether they like it or not!

HANNITY: All right, Mark, very revealing. Monday night, one week from yesterday, you're going to be on this program. I want to talk about your new book. Mark, great to see you, good find.

LEVIN: God bless.

HANNITY: Appreciate it. I hope people are paying attention. Yes, sir.

all right, coming up, Russia continues to test the United States of America. Today, a Russian armed fighter jet flew within 5 feet of an American aircraft. Sebastian Gorka -- he'll weigh in with the real Russia threat that the media's not talking about.

But first, a bombshell report by Judicial Watch on the location of key documents in the Obama unmasking scandal. You'll never guess the latest stonewalling attempt. Judicial Watch's Tom Fitton will join us with the details. Also, Sara Carter, Gregg Jarrett and much more with reaction straight ahead.

(COMMERCIAL BREAK)

HANNITY: Welcome back to "Hannity." So Judicial Watch is out with an explosive bombshell report about key documents in the Obama administration and the unmasking scandal. The report is entitled "Obama, NSC adviser Susan Rice's unmasking material is at Obama Library?" Here to explain from Judicial Watch, Tom Fitton, also Circa News Sara Carter, Fox News anchor, attorney Gregg Jarrett. Tom, explain, how does she get access to unmask in the first place? How did she get to that level?

TOM FITTON, JUDICIAL WATCH: I'm sure special counsel Mueller is investigating it, right, Sean? We are. So we asked the National Security Council, which advises the president, as you know, on national security matters, for documents about Rice's involvement in the unmasking of the Trump team, about the DNC hacking, about Russia collusion, everything you would think you would want from Susan Rice's files over at the National Security Council. And we got a letter back from the National Security Council saying all documents from the Obama administration have been turned over to the Obama Presidential Library, and they helpfully give us the address of the library.

HANNITY: Really? So you're supposed to go over and say, Mr. Obama, can I please have those, please?

FITTON: Now that they are at the library with the archivist that gathers records for the presidential library, under the Presidential Records Act, the Freedom of Information Act, which is what we typically use to get documents doesn't even begin applying until five years after Obama leaves office.

But something can be done in the meantime. The president can get the documents, President Trump, and bring them back in. Subpoenas can be issued to get them, and certainly there's other possible litigation as well.

HANNITY: And Sara, you and John Solomon had reported as part of your ongoing investigation that there was in this last 2015-16 election season a 350 percent -- 350 percent increase in unmasking, which unless we have greater security threats that they never told us about, that seems to be weaponizing the intelligence agencies to go after political opponents.

SARA CARTER, CIRCA NEWS: That certainly, Sean, that's certainly what our sources were concerned about. And we have the documents to prove it. It wasn't just relying on unnamed sources. We were actually able to get those documents to be able to show that.

And I think the concern here, back in March we reported this, it wasn't just Susan Rice. It was then CIA director John Brennan, Attorney General Loretta Lynch, very interesting. And the question that I have, I want to know when did, when did they send all of these documents over to the library? That's what I'm concerned about. Are they trying to hide this from the American people? These are actual federal documents. I assume there's a lot of concern here.

HANNITY: I think Tom just told us why.

CARTER: What about the intelligence committee?

HANNITY: We don't have access to them. Ship them out quick, right?

Gregg, you've been doing so much investigative work on all of these issues, Mueller, Rosenstein, Comey, mission creep, investigative creep, I agree with you, Mueller needs to be recused, Comey needs to be looked into for crimes possibly committed. Loretta Lynch should be investigated, Hillary investigated, Rosenstein recused. None of it's happening. It just keeps going on and they keep digging deeper because they can't get Russia-Trump collusion.

GREGG JARRETT, FOX NEWS ANCHOR AND ATTORNEY: And because they are not recusing themselves you have to wonder why. Is there a reason other than the law and the statutes and so forth? Is this a vendetta? Is this retribution, revenge for the firing of James Comey because Comey and Mueller are best friends, and are they now acting in collusion to bring down the president?

The problem is a special counsel has unfettered, unchecked latitude and discretion to make a false accusation of obstruction of justice because he doesn't have to prove it in a court. All he does is handed over to Congress in hopes of triggering --

HANNITY: You agree you can get a president on this, and it DOJ 40 year policy?

JARRETT: I'm sorry, I don't --

HANNITY: Do agree with Mark Levin that this has been department of justice policy in what you uncovered tonight?

JARRETT: He's partially right, and here's why. The rule under the DOJ specifically says you can't criminally indict and prosecute a president. That would happen after an impeachment, after he leaves office. But you can investigate the president for obstruction and perjury, which were the articles of impeachment after Ken Starr investigated Bill Clinton. So the investigation can be done, you are not violating DOJ rules.

HANNITY: I don't know how they don't recuse themselves. All right, guys, we've got to roll here, but thank you all for being with us. Every night we are going to stay on until we get to the truth because the American people are not being served here.

Coming up, the U.S. shot down a Syrian government jet near Raqqa yesterday, and today a Russian armed jet flew within five feet of an American aircraft. Dr. Sebastian Gorka weighs in with the real Russia threat.

And then later tonight.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Do you really want to now be storming the stage of a Williams --

(END VIDEO CLIP)

BAIER: This a Fox News alert. You're looking live in Atlanta, Republican Karen Handel a big winner in this race for Congressional district six. Let's listen into the winner in Georgia.

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