Giuliani: Mueller's investigation is obviously illegitimate

This is a rush transcript from "Hannity," August 8, 2018. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: Welcome to "Hannity."

Yes, tonight, 448 days into Mueller's seemingly never-ending witch hunt, but now with just 90 days to go until what I am calling the single most important midterm of our lifetime, there could actually be a light at the end of the tunnel. Earlier today, President Trump's attorney rejected interview terms from team Mueller and rightfully so, we'll explain.

Now, this to me is an obvious perjury trap being set by partisan investigators. In moments, Rudy Giuliani, the president's attorney will be here with reaction. And also tonight, more major breaking news surrounding the deep state go-between Bruce Ohr, how the plot thickens tonight even much more than before.

And The Hill's John Solomon unearth texts showing that former foreign spy Christopher Steele desperately trying to infiltrate and actually influence Mueller's ongoing investigation. New information. He actually used Bruce Ohr's connections to Christopher Steele. This is so much worse than we have known up to this point.

We'll explain all of that coming up, and new developments surrounding WikiLeaks founder Julian Assange. Will he finally be interviewed here in the U.S. about the 2016 election hacking, and what evidence might have?

All of that, plus, we cover the president's tough new sanctions against Russia. Oh, I thought he was compromised.

And, of course, comrade De Blasio, the mayor of New York City, he has a beef apparently with us here at Fox News.

And its day seven of Paul Manafort's trial of the century and a bizarre, horrifying story about a recently arrested Islamic extremist in New Mexico, another story out of Pennsylvania.

All right. Busy night, busy news night. A lot to get into. Stay tuned, it's time for our breaking news opening monologue.


HANNITY: All right. We are going to start, we are going to go very slow tonight because a lot of new information.

Robert Mueller and his team of partisan investigators, they want to face off with the president of the United States number but today President Trump's attorneys flatly rejected, rightly so, Mueller's interview terms. They have countered with a proposal of their own. In a statement, the attorney for President Trump, former New York City Mayor Rudy Giuliani wrote: We are restating what we have been saying for months, it is time for the office of the special counsel to conclude its inquiry without further delay.

Now, the former mayor is not predicting that the investigation could be over by September 1st. He will be right here on the show with more details in just a few moments.

Without a doubt, President Trump should be aware. Now, Mueller, his merry band of anti-Trump deep state sycophants, Hillary Clinton, Obama, Democratic donors -- what's happening here, we all pretty much agree on -- they are laying a perjury trap for that president of the United States.

Mueller should not get what he wants. The president, his attorney should not give in. The president should not sit down for an interview.

Now, tonight, we have yet another example of just how corrupt and how flawed Mueller's witch hunt really is. According to a shocking new report tonight from "The Hill's" John Solomon, Christopher Steele, remember him? The former foreign spy responsible for the Clinton bought and paid for dossier? Oh, we now know he was also paid by your FBI, your dollars under Jim Comey while they were desperately trying to influence the ongoing counsel with the hunt into so-called Russian collusion and it gets worse.

Bruce Ohr, the fourth highest ranking member of the DOJ, was trying to help Christopher Steele do it. This is months after Steele was fired for leaking. He got 11 payments from the FBI.

On July 16th, 2016, before the election, Steele wrote to Ohr, quote: I spoke to my old colleagues last week. They assured me they would not stand in the way of our re-engagement with the bureau.

Ohr texted back: I will pass along to my colleagues, thanks.

And on November 18th, after the election, Trump won. Now, Mueller's witch hunt, by the way, was now underway. Christopher Steele writing: I am presuming you've heard nothing back from your special counsel colleagues on the issues you kindly put to them from me.

And then Steele goes on to say: To say this is disappointing would be an understatement. Certain people have been willing to risk everything to engage with them in an effort to help them reach the truth.

Now, yes, right, just like there's truth in that phony, unverified, uncorroborated, debunked dossier that the Clinton campaign used to smear then candidate Donald Trump, the same Russian lies that were used before the election as the foundation for the Mueller witch hunt and the op research used to mislead a FISA court on four, not one, but four separate occasions, four judges, so the government literally could spy on an opposition party candidate and Trump campaign associate.

Now, meanwhile, according to a brand-new report from our own Sara Carter, a post-election 2016 handwritten document from Bruce Ohr listing the names of Strzok and Page and others in the FBI is also raising questions tonight about the extent of Ohr's communications with the bureau.

And according to some other newly unearthed texts tonight, we are also learning he was concerned about the U.S. Senate's inquiry into the dirty dossier, probably because the contents were full of Russian lies and outright propaganda. And, by the way, he even said so himself, in an interrogatory. In England, he said it's raw intelligence. I have no idea if this is true, may be 50/50, really?

Not only did he peddle his Clinton and FBI bought and paid for lies to you, the American people to sway an election. The bulk of that information that is false, Russian lies to get a FISA warrant as top officials, as I said, four separate times like the FISA court judges to spy on an opposition candidate. Then he turns around and tries to peddle his lies through Bruce Ohr. Remember, his wife Nellie -- well, she helped the build allies for Fusion GPS, the dossier.

What did they do with it? They wanted to get it to Mueller post-election to destroy President Trump after the fact that they lost. They try to influence the election, it didn't work. Then they try to destroy the president.

It is a national, disgusting, despicable disgrace, the biggest abuse of power by the top DOJ and FBI officials in this country, by the way, not rank and file. And according to Solomon's report -- we'll go back to that -- these communications between Bruce Ohr and Christopher Steele, they were going on until late November 2017. That's more than a year after the FBI supposedly officially cut off all ties with Christopher Steele because he was leaking and lying about potentially classified information to the media again to peddle his lies to influence the outcome of our election.

Now, this all comes on the heels of last night's shocking report that showed that Christopher Steele was working closely with Bruce Ohr before and after the 2016 election, again to spread the lies from his dirty dossier. He had no faith in those lies, throughout the highest levels of what is supposed to be our fair and unbiased justice system. Equal justice under the law, equal applications of the law.

Now, at the time, Ohr, again, the fourth highest ranking member of Obama's Department of Justice, however, he has since been demoted because of his unethical ties to Steele and Fusion GPS.

Now, Sara Carter, John Solomon, they will be joining us in a moment with more details. These are shocking new developments. It is far worse than we ever thought.

But, first, we are also currently tracking another investigation into election hacking. Now, according to WikiLeaks, the Senate Intel Committee has now requested to interview WikiLeaks founder Julian Assange. Now, Senator Burr's office has not confirmed the request but if it's true, it's about time.

After all, remember, WikiLeaks, they were the ones that actually released those hacked emails and unlike so many other so-called journalist here in America, we took the time, we went to England, we sat down and we interviewed Julian Assange right here on the show and on my radio show and he said to us then, no government actor was involved in the hacking. You might remember, take a look.


HANNITY: Did Russia give you this information or anybody associated with Russia?

JULIAN ASSANGE, WIKILEAKS FOUNDER: Our source is not a state party. So, the answer for our interactions is no.

HANNITY: You did not get this information about the DNC, John Podesta's emails, can you tell the American people a thousand percent you did not get it from Russia or anybody associated with Russia?

ASSANGE: We can say -- we have said repeatedly over the last few months that our source is not the Russian government and it is not a state party.


HANNITY: Now, I would assume he knows where he got it and probably has the proof. So, let's let this country see where WikiLeaks got the information from. We're going to keep you posted when or if the Senate Intel does in fact interview Julian Assange.

And, by the way, the House, they need to do the same thing.

The American people, you deserve the truth. But tonight, regardless of what you think about WikiLeaks, it's irrelevant. We know one thing for certain: President Trump in no way colluded with Russia and instead the president has been extremely tough on Vladimir Putin's hostile regime.

And today, we have one more example. Tough new U.S. sanctions levied against Russia in response to an assassination attempt of a former British spy conducted with chemical or biological weapons. These new sanctions will be applied to all Russian state-owned businesses and will reportedly affect 70 percent of the Russian economy.

Gee, I thought the president was compromised by Putin. That's what fake news tells us, or NBC News suggesting he might actually be a Russian agent, President Trump.

Now, while the president makes serious policy decisions and as he's conducting consequential peace through strength diplomacy -- well, many on the far left, they are obsessing over ICE, the U.S. Immigration and Customs Enforcement Agency. Now, as part of their grand plan to get open borders, many on the left want to band together and ban ICE altogether.

Earlier this week, we sent Tomi Lahren to Portland, Oregon, to interview some of these anti-ICE activists. This is a small portion, take a look.


TAMI LAHREN, FOX NEWS CONTRIBUTOR: I don't know if you've seen the last couple of weeks, but your city has been kind of home to some protesting, some controversy, a lot surrounding your mayor, and the Occupy ICE movement.


LAHREN: Are you familiar with any of that?


LAHREN: What do you think about it?

UNIDENTIFIED FEMALE: I think they should be able to protest.

UNIDENTIFIED FEMALE: I don't know if they need to be abolished, but I think we need to look seriously at the policies that are being practiced at the moment.


LAHREN: But I'm nice.

UNIDENTIFIED FEMALE: It doesn't matter.

LAHREN: You just don't like FOX News?

UNIDENTIFIED FEMALE: No, because FOX News is nothing but a bunch of (EXPLETIVE DELETED) capitalist lies.


HANNITY: Oh, she found a fan. Stay tuned, we're going to have Tomi's full coverage coming up. You're not going to believe how out of touch with reality some of these people really are.

All right. Now, let's return to the horrific breaking story out of New Mexico. A father of a missing disabled 3-year-old son has been arrested at a squalid camp that is linked to Islamic extremists. Now, during this arrest, 11 children were found on this compound where it is believed weapons training was conducted.

Now, with plans, of course, to use the children in future school shootings. The individual arrested was the son of a Brooklyn imam who was named as an unindicted co-conspirator in the 1993 World Trade Center attack.

Now, sadly, the remains of the young child were also found on this compound. A scary, tragic story we'll continue to follow.

And we also have another topic to get to and it comes to us right here in New York City. Sorry, I pay high taxes, I'm stuck here. Far left mayor, comrade Bill de Blasio has a new favorite villain. They are looking at it right now.

That's right. During a recent interview, comrade de Blasio blamed FOX News for dividing America. He tells "The Guardian", quote: If you could remove News Corp. from the last 25 years of American history we would be an entirely different place.

Yes, that's true. We'd only have one opinion on the news, from the far left. A universal opinion because they're all a bunch of sheep, a utopian dream for comrade de Blasio.

And like a true left wing extremist, well, comrade de Blasio detests diversity of thought. That's not good. Imagine 30 years without Rush? Oh, let's see, 30 years without talk radio? Twenty-three years without FOX News?

All right. Finally tonight, our last topic covers day seven of the trial of the century, the 2005 tax and bank fraud charges against Paul Manafort. Remember, no collusion, has nothing to do with Donald Trump, nothing to do with the campaign, nothing to do with Russia.

And while team Mueller is embarrassing themselves attempting to put the screws on Manafort as Judge Ellis said to get him to sing or compose against President Trump so they can impeach or prosecute him, well, it's Mueller's prosecutors who were actually feeling the heat from the presiding judge, T.S. Ellis III.

Yesterday, Judge Ellis berated Mueller's legal team and even accused one prosecutor of being such a tough guy he was tearing up like a little crybaby. Today, Judge Ellis reportedly urged the prosecution, quote, focus sharply, speed up the pace of the trial, saying, quote: judges should be patient. They made a mistake when they confirmed.

And meanwhile, Manafort's attorneys once again called out what is the questionable character of the star witness Rick Gates, pointing out that he had up to four extramarital affairs on top of, oh, let's see, embezzlement, lying, extortion and could have faced if he didn't get the free -- get out of jail free card from Mueller, could have faced 290 years in jail.

Wow, all for 290 years in jail or say something about this guy. I think I'll take the jail. I don't think so.

Now, as always, we'll continue to update you on this trial conducted by Mueller's team of witch hunters. This has absolutely zero to do with Russia, nothing to do with collusion, nothing to do with the campaign, nothing to do with Trump. 2005, put the squares to him so he sings or composes.

All right. Back to our breaking news story tonight. Joining us from "The Hill", John Solomon, and FOX News investigative reporter, contributor, Sara Carter.

John, we'll begin with you. Let's talk about this new development. This is massive tonight, put a lot of emphasis, go slow, it gets complicated.

JOHN SOLOMON, THE HILL: Yes. No, it is. I think the bottom line is simple though.

Months after Christopher Steele was discredited and terminated by the FBI because he has leaked to the media, a major violation of human source intelligence rules, there was an effort underway by him with his buddy Bruce Ohr, at that time a top deputy to Rod Rosenstein, to try to get him back into the FBI's good graces and possibly get him working, reengaged it says is the word used in this emails with special counsel Mueller. Now, it doesn't appear in these things that we can prove they ever got to Mueller, but the mere fact that a senior Justice Department official was trying to get a discredited partisan intelligence source back on to the case tells you all you need to know about this case.

This is not the way counterintelligence is normally done in the FBI. Career people that sources carefully, they manage them carefully. They double and triple check their authenticity and their accuracy. Here, we turned a blind eye to their partisanship, to their inaccuracy and their documents, and we are still trying to get them in the investigation a year later. That is what's wrong with this FBI investigation.

And this episode is one of the strongest -- strongest parts-- the FBI is talking to Bruce Ohr, they know this is going on. Someone has to come clean in the FBI and describe --

HANNITY: Let's slow it down.


HANNITY: So, not only did Hillary and the DNC pay Ohr.


HANNITY: Eleven payments by the FBI to Ohr.


HANNITY: He's fired.

SOLOMON: Though not for this case, that's important to note. Those payments were not for this case. They were for other work he did.

HANNITY: Understood. But they are still paying the guy.


HANNITY: You know, money came from him, understood.

SOLOMON: That's right.

HANNITY: Steele now hates Trump like Strzok and Page, correct?

SOLOMON: He does, he does.

HANNITY: OK. Steele even admits under oath in Great Britain, I have no idea if this is true. This is raw intelligence -- because he was risking perjury.


HANNITY: So, he tries to get Trump, the American people were fed by him, Hillary paid for it lies because they wanted -- they wanted to influence the American people with Russian lies that she paid for, correct?

SOLOMON: Yes, there's no doubt. And after the president --


SOLOMON: This is important -- go ahead, go ahead.

HANNITY: And then after the election, they are trying to drag him back in, through the fourth highest ranking Justice Department official whose wife, incidentally, we believe -- we know she worked for Fusion GPS, but we believe on the phony Russian dossier and they're trying to bring him back because after Trump won and his dossier lies didn't work, then they were trying to take out the president with more Russian lies, correct?

SOLOMON: The only reason to bring Christopher Steele back into the investigation that we can see in these documents is to sustain an inaccurate narrative in the public domain that they had this extraordinary evidence against President Trump that he was colluding with Russia.

And as you know, James Comey said it wasn't there. No one has presented it since that time of any evidence that the president colluded with Russia. It was a political effort, not a counterintelligence effort.

HANNITY: Sara, your report is also blockbuster tonight. That they're literally -- these documents that we now have written by Ohr two weeks after the 2016 election. Remember, those documents were designed to defeat Trump, it didn't work.

But now, they're going back. Now, they are trying to use post-election notes from Strzok and Page, have many lawmakers, and investigators, and other documents, FBI had a back channel investigation, they never revealed.

Tell us what you found.

SARA CARTER, FOX NEWS CONTRIBUTOR: Well, they never revealed it to the Foreign Intelligence Surveillance Court and this is essential, Sean, because they violated it. They withheld exculpatory evidence that the judges should have known about.

Also, the documents reveal something very important. These are law enforcement sensitive documents. These are memos written by Bruce Ohr himself and on November 21st, he apparently either met with or spoke with Lisa Page. Remember, she is general counsel for former Deputy Director Andrew McCabe. She also with Peter Strzok, her paramour, lover.

And so, when you look at all of this and Joe Pientka, who was an FBI agent, the same one that interviewed General Michael Flynn with Peter Strzok. This is so important because in that note to himself, basically that memorandum, he also mentioned Paul Manafort, that they were moving forward against Paul Manafort.

And that's essential here, because he couldn't move forward against Trump. They could move forward against Manafort but he did note, I would contact Christopher Steele. He basically noted to himself to contact Steele.

So, what was he doing with Lisa Page, Peter Strzok and Joe Pientka? What was this DOJ official doing and why was this not disclosed to the Foreign Intelligence Surveillance Court? I think those are the most essential questions that need to be answered.

HANNITY: OK. Now, let's explain in your words, Sara, then we'll give John a chance. Explain in your words what this was all about. In other words, there were the top people at the FBI, we can go to Comey, we can go to the deputy FBI director who has been fired and may ultimately end up being indicted.

And then we've got Strzok, and then we got Page, and then we got -- all of this going on. Now, Bruce Ohr and Nelly Ohr which are -- they seem to be much more involved than we knew up until this point.

Explain how this was all about defeating Trump and then destroying Trump.

CARTER: That was it. This was about either destroying Trump, before he could be -- you know, the president of the United States, ruining him before there was even an opportunity, and if he did become president, which he did, taking down a duly elected president. That is what they were working for, that is what they continued to do and that is what they were semi-successful, at because what they got, the end result -- Comey got it when they appointed special counsel Robert Mueller based on this evidence. And they also got it with the Foreign Intelligence Surveillance Court.

HANNITY: And he was trying to get to Mueller through Bruce Ohr.

CARTER: That's absolutely correct.

HANNITY: Now, according to both of you, you are both telling me there's still a lot more to come.

John, you are shaking your head. So, did they get to Mueller? And the fact -- it seems like they connected based on these emails we have.

SOLOMON: Yes, I don't want to go that far. I think the FBI was receiving information during the time special counsel Mueller is in charge of the investigation from Steele. It is not clear that Peter Strzok or the other FBI agents told that to Mueller.

We know that Peter Strzok had interviews as late as the summer of 2017 with the FBI with Ohr getting Steele's information.


SOLOMON: So, it definitely made it into Mueller's investigation.

HANNITY: All right. I'm just out of time. Thank you both. We're going to have you both tomorrow because there's more new information coming. Tick, tock.

Up next, a "Hannity" exclusive with President Trump's attorney Rudy Giuliani. Also, Alan Dershowitz, and so much more, straight ahead.


HANNITY: All right. Joining us now in studio responding to all this breaking news, it is President Trump's attorney, Rudy Giuliani.

Mr. Mayor, good to see you, sir. How are you?


HANNITY: All right. Let's start with tonight's breaking news. So, you got Ohr, Steele, Nellie Ohr. We got Russian lies.

GIULIANI: Can it get any worse? I mean, what do we need to know that this is a totally illegitimate investigation based on a report, a dossier that was paid for by Hillary Clinton and the Democrats -- probably the biggest illegality so far, the biggest collusion so far.

HANNITY: Or conspiracy.

GIULIANI: Completely made up. Completely made up. Led to nothing except several fraudulent FISA wires.

And now, we have Mueller, who doesn't seem to care that he's sitting on top of a totally illegitimate investigation.

HANNITY: But the dossier, thinking about the dossier that she paid for and the fact that the FBI paid Steele, it was designed to misinform the American people with Russian lies to influence the election.


HANNITY: There's a great irony here, if it wasn't --

GIULIANI: Well, may be if Mueller and his band of whatever they are, Democrats, right, were fair-minded, maybe they'd investigate -- maybe that's the collusion. Maybe that's the collusion.

HANNITY: Did you ever hear the Adam Schiff tape that we played?


HANNITY: Adam Schiff, he's just dying to get naked pictures of Trump with a Russian on tape. There's your evidence, Mueller. You can't make it up. If it wasn't so seriously -- not only did they try to lie to the American people with Russian lies, now we know after the election, they tried to destroy the president with lies.

And now, they are connected to Mueller perhaps?

GIULIANI: Yes, I've never been involved in an investigation on either side that's more illegitimate than this one, that is so obviously more illegitimate. And I wonder where is the sense of justice on the part of Mueller, on the part of the Justice Department.

After all, the Justice Department -- this is a Justice Department investigation. He is working for Rosenstein. And at some point, you've got to say the irregularities, the unethical conduct --

HANNITY: Double standard.

GIULIANI: -- the double standard, the way in which people who hate Trump will put into primary positions of power has completely tainted this investigation.

HANNITY: My family is families from law enforcement, my mom was a prison guard, you know, my dad, New York City, family court probation, so many cops in my family, FBI agents. I cannot believe this is such -- these are -- the rank-and-file are so good.

Here's the thing, you responded today to Mueller's latest request and you think this could be over by September. Let's start with the request.

GIULIANI: Well, I think of it isn't over by September, then we have a very, very serious violation of the Justice Department rules that you shouldn't be conducting one of these investigations in the 60-day period.

Look, he's got plenty of time to either decide -- we offered him an opportunity to do a form of questioning. He can say yes or no. We can do it. If he doesn't want to do it, he knows the answers to every question that he wants to ask. He's going to ask them, did you tell Comey to go easy on Flynn? The president will say no I didn't.

Hey, Bob, you know it. Why do you want to get him under oath? Do you think we're fools?

You want to get him under oath because you want to trap him into perjury. Well, we're not going to let you do that.

HANNITY: It's -- there's two separate issues: collusion and so-called obstruction. There's a report today that you said no questions on obstruction. Am I assuming here that your -- that your response to him was maybe a couple of written answers only?

GIULIANI: No, I can't tell you what it is yet because we haven't -- no, I can't. I can't. Jay will get very angry at me. My co-counsel --

HANNITY: I understood.

GIULIANI: -- is much stricter about this than I am. So, he'll get very angry and Jay (ph) will - I would love to tell you. But the reality is, the reality is he doesn't need to ask a single question on obstruction, he has all the answers. They are not going to change. The president is not going to change his testimony. So stop the nonsense. You are trying to trap him into perjury because they don't have a case.

HANNITY: Mr. Mayor, the Constitution as our good friend Mark says, Mark Levin, is on the president's side. I agree it's illegitimate, has been, the double standard is so glaring. We have been pointing it out now every night and with new details every night.

My question is, I wouldn't give him a thing. You don't owe him a thing and if he wants a fight, then there's going to be a fight.

GIULIANI: Well, we don't like to fight, you know that.

HANNITY: Mr. Mayor, I used to watch your press conferences.



HANNITY: I disagree with that.

GIULIANI: The reality is, the real story here is not that this case is going to fizzle; it's going to blow up on them. The real question is what we talked about before, there's a lot more to what they did that nobody knows about yet.


HANNITY: I know someone--

GIULIANI: A lot more -- a lot more to the obstruction of justice, to the collusion, to the fake dossier.

HANNITY: I know a lot.

GIULIANI: Trying to bring Steele back in after he was completely discredited.

HANNITY: And then feed it to Mueller.

GIULIANI: Yes. And Mueller is going to have a lot to answer for.

HANNITY: Mr. Mayor--

GIULIANI: I said a long time ago the investigation here has to be of the investigators because we can't let this happen again in American history. We may not have a president as strong as President Trump. A lesser president could have really been cracked by this.

HANNITY: Mueller, then you got Jeannie Rhee, you got Andrew Weissmann. Here's my question, we know the Department of Justice has absolutely denied congressional subpoenas. Now I don't, because a great a lawyer as you are, I don't think you would get me out of trouble if I was ignoring a subpoena.

GIULIANI: No, I don't think I could.

HANNITY: But the president has the power to go through these documents to the FISA and make it un-redacted and let the American people see that the bulk of information was what Christopher Steele himself said wasn't verified.

GIULIANI: That something that as his private lawyers that he has to deal with and his government lawyers. And he's going to abide by that.


HANNITY: Would you suggest he should?

GIULIANI: I can't tell you what I suggest. It's privileged.

HANNITY: OK. Let me ask you about the FISA lies. The bulk of information in the Grassley-Graham memo says came from the phony dossier that Hillary paid for. That turns out to be a lie. The author of it says he can't corroborate it.


HANNITY: Now here's my question. So they used it four separate terms to spy on an American citizen, an opposition party candidate campaign associate in the lead up to the election after the election. Again, what if I lied to a judge? I wouldn't think of lying to a judge without getting my life in jail afterwards.

GIULIANI: You would be investigated for perjury, you'd be investigated for contempt. Your career would be ruined. Your life would be ruined, and I believe that when this plays out over the next year or two it's not going to be about President Trump. It's going to get over with. It's going to be about all the things they did.

This, you know how sometimes the cover-up is worse than the crime? In this case the investigation was much worse than the no crime.

HANNITY: Mr. Mayor--

GIULIANI: The president did nothing wrong.

HANNITY: My sources are telling me that when the American people get to the bottom of all of this it will shock the heart, the soul, and the mind of any fair-minded American.

GIULIANI: I think it's going to lead to some very, very big reforms, just like Watergate. A different kind of Watergate on the side of the investigator.


GIULIANI: Corrupt investigations through and through.

HANNITY: Why would you even consider a counterproposal?

GIULIANI: When it's over with I will explain it to you.

HANNITY: Boy, I'm not getting anything out of you tonight. Good to see you, Mr. Mayor. Thank you.

All right. When we come back, Andy McCarthy, Alan Dershowitz. Maybe I will get more out of them. That's straight ahead.

GIULIANI: They are much smarter than me.


HANNITY: Here with reaction to my interview with President Trump's attorney, the breaking news tonight, Rudy Giuliani, former assistant United States attorney for the all-powerful Southern District of New York, Fox News contributor Andrew McCarthy.

All right. This book right here, you see it on your screen, I have it in my hand. I finished it. Everybody should read this. It is amazing. This is not a political book. This is a book about the Constitution and about the rule of law, equal justice under the law.

So many important issues that regardless of political party you should care about. "The Case for -- Against Impeaching Donald Trump," Harvard Law professor, Alan Dershowitz. I'm glad you got out of Martha's vineyard alive. I'm glad to see.



HANNITY: I'm assuming, I don't know. I don't know any information whatsoever but I'm assuming the response today was we'll respond with written answers to written questions. There is the president in the case of Ronald Reagan.

DERSHOWITZ: Well, if I were the president's lawyer, and I'm not, he has a terrific lawyer, Rudy Giuliani, and a great legal team, I would make Mueller an offer, to paraphrase the godfather, that he couldn't accept. So that the president--


HANNITY: That he can't refuse. But--

DERSHOWITZ: Let me tell you why. So the president can say I wanted to testify. I wanted to testify. It was Mueller who didn't let me testify. He turned it down. I think it's very important that the American public see who actually made the decision not to testify.


HANNITY: And that also might actually help in an argument if there's a subpoena that ultimately arrives at the Supreme Court, correct?

DERSHOWITZ: I think so and the Supreme Court is likely to divide the issue and say you can't ask the president about his motives, why did he fire Comey? You can't ask a senator or congressman or a judge.

HANNITY: James Clapper admitted he has the right to fire Comey.

DERSHOWITZ: Of course. So you can't ask about motive. But when he -- this one question they can ask him which would be a very difficult one, they can say did you know about the meeting with your son in the office, the Trump tower?

Now remember the president has already said he didn't know about it. Cohen has said he did know about it.

HANNITY: I think under oath he said something different though according to the testimony that he originally gave. So I think there's conflicting answers.

DERSHOWITZ: But if the president says no and is truthful that he didn't know about it, Mueller would still have enough to charge him because all you need is one person--


HANNITY: That's the perjury trap.

DERSHOWITZ: -- contradicting. It's the perjury trap.

ANDREW MCCARTHY, FOX NEWS CONTRIBUTOR: The big problem here I think is the burden is on the wrong side. You don't get to just as a prosecutor question the president of the United States, you wouldn't get to question a journalist.

You would need to show that there was a serious crime that you had the president implicated in somehow and that he is the source of evidence that you need to make the case that you can't get from any other source.

HANNITY: So the Constitution is on the president's side.

MCCARTHY: Absolutely.

DERSHOWITZ: The Constitution is on the president's side, the law is on the president's side. And you know, you just can't ask a president to explain why he took an action. Politics you can ask him, his opponent can ask him.

HANNITY: He has the right to fire anybody.

DERSHOWITZ: And to pardon anybody and to end any investigation.

HANNITY: By the way, we had Adam Schiff on tape talking to a Russian, really, naked pictures, Putin saw them? Or the Russian lies that Hillary paid for.


HANNITY: You know what, is that collusion, is that conspiracy?

DERSHOWITZ: I don't want to see anybody.


HANNITY: I know where you are. No, no, by the way you make a good--

DERSHOWITZ: Right. Yes, yes.

MCCARTHY: I just don't understand why at this point -- look, in 99 percent of investigations investigative secrecy is a very important priority because most cases don't involve the president of the United States, but I think at this point, two years down the road we are entitled to know if the special counsel has a case and he should be -- he should have to come forward and show what the crime is.

HANNITY: Are they going to push this to a subpoena?

DERSHOWITZ: I think they will and I'm not sure they are going to win. Because remember Comey in his book says you never bring in a subject in your investigation unless you know exactly what he's going to say. He basically lays out the perjury trap theory and that's what's going on.

HANNITY: But he is also the one that gives the most exculpatory evidence on a couple of points. Well, if somebody in my team, you know, wanted Russia collusion, you've got to do that. Let me ask you a question--


MCCARTHY: If they already know what the president is going to say they shouldn't need to talk to him.

DERSHOWITZ: That's right. Good point.

HANNITY: Look at how far this is. A 2005 tax case, Manafort. He put the screws so he will sing or compose to get an impeachment or prosecution against Trump. Here's my question. Here's Gates, their star witness, is facing 290 years in jail perhaps. Let's say 100. I'm thinking a lot of people would lie and take the bribe of a get out of jail free card and say whatever the prosecution wants.

DERSHOWITZ: Look, I can give you personal evidence of that. I've had so many clients who have told me they are prepared to compose to make up a story to get out of jail. I won't let them do that--


HANNITY: I don't like (Inaudible) you are one of our great prosecutor. You did the World Trade Center abroad.

MCCARTHY: Sean, in my office under Rudy and going forward, you would not have gotten a plea agreement like this. You would have had to plead guilty to everything.

HANNITY: Why would a juror believe a guy that's facing 100 years in jail gets a get out of jail free card but he has to testify?

MCCARTHY: It depends on how corroborated he is. I mean, if they--


DERSHOWITZ: Without a corroboration, this is a week case. If it has corroboration we'll have to see in corroboration.

HANNITY: These federal cases, 95 percent conviction rate.


DERSHOWITZ: Ninety five--

HANNITY: Professor, that is scary.

DERSHOWITZ: That's because mostly they go after people where the evidence is overwhelming. But when you start thinking about a Manafort case where the judge himself said you are not going after Manafort. They're going to squeeze in.


HANNITY: All right. I got to go. Tomi Lahren and Secretary Nielsen, next.


HANNITY: All right. Recently, some of the left have been calling for ICE to be abolished. That means open borders. We sent our own Tomi Lahren to the liberal bastion of Portland, Oregon, the site of anti-ICE protests to find out what people thought about illegal immigration and ICE. Let's take a look at this.


LAHREN: I don't know if you've seen at the last couple of weeks but your city has been kind of home to some protesting, some controversy, a lot surrounding your mayor and the occupy ICE movement.


LAHREN: Are you familiar with any of that?


LAHREN: What do you think about it?

UNIDENTIFIED FEMALE: I think they should be able to protest.

LAHREN: Do you think that Portland has gotten more militant in the last year, two years?

UNIDENTIFIED MALE: I will just say crazy.

LAHREN: Crazy?

UNIDENTIFIED MALE: We have a problem with the immigration here, there's no simple answers here.

LAHREN: Do you think that abolishing ICE is a step in the right direction?

UNIDENTIFIED MALE: I think we have to look at our entire immigration policy. Our policy has failed.

LAHREN: Do you think that protesting on either side has gotten out of hand?


LAHREN: What do you think it's about, do you think it's about really standing up for rights or is it about getting attention, what do you think is the goal?

UNIDENTIFIED MALE: I think people have like a lot of personal vendettas, they want to be like personal warriors or something.

LAHREN: Social justice warriors may be?


UNIDENTIFIED FEMALE: Fox News, yes, you are (muted) too.

LAHREN: But I'm nice.

UNIDENTIFIED FEMALE: It doesn't matter.

LAHREN: My name is Tomi.



LAHREN: You don't like Fox News.

UNIDENTIFIED FEMALE: No. Fox News is nothing but a bunch of (muted).

LAHREN: Very hostile in Portland. I mean, I know there's a lot of out--


UNIDENTIFIED MALE: Yes. I mean, unfortunately, the only views that are being projected out here are extremist views.

LAHREN: Right.

UNIDENTIFIED MALE: So you get extremist reactions and that's why you get extreme behavior with people coming up to you and flipping you off.

LAHREN: You think a lot of people in Portland are misinformed that's what ICE actually does?

UNIDENTIFIED MALE: They just think about the kids, coming with or whatever. They don't think about the corruption, coming in, the drugs.

LAHREN: Do you plan to go to any of the occupy ICE protest?

UNIDENTIFIED FEMALE: Depending on what my work schedule is like.


HANNITY: Liberal cities on the west coast, they aren't the only places protecting illegal immigrants. Listen to what the governor of New York, Andrew Cuomo, said about ICE.


ANDREW CUOMO, GOVERNOR OF NEW YORK:I will do nothing cooperatively with ICE. I have sent them letters asking for an investigation. I have said if they do any criminal acts, which a police force can do, we will take criminal action against ICE because I believe they are politically motivated.


HANNITY: And you will never be president. Here with reaction to this and much more, Homeland Security Secretary Kirstjen Nielsen is with us.

By the way, Madam Secretary, I'm very sorry. I saw what happened to you in a restaurant and I know there's been other incidents with you. It shouldn't happen and we have Democrats telling people to get in the faces of secretaries, people in the cabinet like yourself. What's your reaction to that?

KIRSTJEN NIELSEN, UNITED STATES SECRETARY OF HOMELAND SECURITY: Well, I think the activism might be slightly misplaced in the sense that what needs to be reformed are our laws. Sean, as you know we don't have laws that will let us do what we need to do to protect the country. That's where we should place our activism, to reform the laws that we can secure the homeland.

HANNITY: Let me tell the audience about a case that we just found out about and this is out of the city of brotherly love, this is out of Philadelphia. Previously deported immigrant from Honduras raped a child after Philadelphia authorities ignored ICE detainers and released him. Plead guilty to illegal entry.

Anyway, it goes back to this particular man, Juan Ramon Vasquez, 45. Anyway, he faced a couple years in prison and was deported from the U.S. in 2009. Back in the country in March of 2014, taken into custody.

Then after local criminal charges against him were dropped, Philadelphia officials did not comply with a detainer by the Immigration and Customs Enforcement. He was released. After his release he was rearrested and convicted for the rape of a child, and unlawful sexual contact with a minor.

Isn't that about Philly's decision to disregard ICE detainers like Andrew Cuomo just talked about? Couldn't that be -- couldn't that have been prevented?

NIELSEN: It could have been prevented and it should have been prevented. We owe the American people better. I mean, this is a perfect example of when jurisdictions decide not to cooperate with federal law enforcement we put our communities at risk.

I mean, what that required was that the men and women of DHS go back into community at their own risk and the risk of the community where the criminal is to try to re-interdict and detain that person.

HANNITY: Yes. As one person said he got a free pass from the city of Philadelphia and its Department of Prisons headed straight back into our community, committed a heinous crime. He never would have had the chance to commit had the city of Philadelphia complied with the ICE detainer.

This is happening much more than people know. How many times a year -- how often is this happening? We have them, we know they are here illegally, we know they violated laws and then cities don't cooperate and then they get released and then commit other crimes.

NIELSEN: It does. The good news is that we continue to increase our prosecution and our removal of criminal aliens, dangerous criminal aliens. But you are absolutely right. The only way this works to protect our country is if we can get back to a place where law enforcement works with law enforcement.


NIELSEN: It's crazy that we have pitted blue on blue. They are here to protect the public together.

HANNITY: Let me ask you, I had a source of mine recently tell me that drones are being used by drug cartels out of Mexico and they use the drone to find out where our law enforcement is positioned so that those that are either involved in human smuggling or drug smuggling, that they will know which direction, which route to take that is the most safe for them.

And I'm told even though we know these drones are coming from Mexico, we can do nothing to take them out of the sky unless we get a warrant. Now the problem with that would obviously be if we get the warrant, the drones are back in Mexico. Is that true?

NIELSEN: Well, it's not -- it's not just that, but let's face it, when we are talking about the technology we have today, these drones can fly up to 100 miles per hour so the concept of using an antiquated law to get a warrant to stop a nefarious drone is ridiculous.

So we've been working really hard with Congress, there is bipartisan legislation that's been introduced in both Houses, but Congress has got to act. I need the authorities now to protect the homeland. This is not a question of if, it's a question of when.

HANNITY: All right. Madam Secretary, thank you for being with us.

When we come back, an important video of the day that you don't want to miss, straight ahead.


HANNITY: All right. The great one, Mark Levin on a recent episode of his show, CRTV Levin TV. He talked about the fake news media and all their anti-Trump hate, which is every minute, second of every day, every month of the week, every year. Watch this.


MARK LEVIN, FOX NEWS HOST: They have spent the last almost two years trying to take this man down. They don't really talk about the real Donald Trump. They take his words and they manipulate them, they take his tweets and manipulate them. Then they bring on people who disagree with them. If that's not the big lie, if that's not propaganda, than what the hell is?


HANNITY: That's for lies, its propaganda, misinformation and fake news. We all know that, every minute, every second, every hour, every day, every year now.

All right. We will always be fair and balanced. We're not the destroy-Trump media. Thank you for being with us. Let not your heart be troubled. Ingraham, big show. Jay Sekulow among your guests.

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