This is a rush transcript from "Hannity," December 5, 2017. This copy may not be in its final form and may be updated.
SEAN HANNITY, HOST: All right. Tucker, thank you. And welcome to "Hannity."
Tonight, breaking new information and more smoking gun evidence about Special Counsel Robert Mueller's corrupt and extremely biased team of liberal political crusaders that have one singular admission and that is to destroy your elected President Donald Trump and unseat the commander-in-chief.
Now, they are trying to create a constitutional crisis that will threaten the rule of law in this country. So, tonight right here we have new and more smoking gun evidence that Mueller's handpicked minions or bunch of Trump hating Hillary loving partisan hacks that are carrying out what I described as a witch-hunt. In an email released by Judicial Watch, Mueller's top attack dog told Andrew Weismann told former acting Attorney General Sally Yates, he was so proud of her, this after Yates defied a direct order from the President of the United States Donald Trump and refused to defend his travel ban back in January.
Now this comes as we alerting more information about Peter Strzok, he is the former FBI counterintelligence official we were telling you about last night that was fired from the Russia investigation for sending those anti- Trump, pro-Clinton text messages.
Tonight, Fox News has learned that the Department of Justice is in the process of now turning over Strzok's text messages to the House Intelligence Committee. Now, it is expected to happen in coming days. Now Strzok is a key player and he is tied to several of the high profile cases we have been covering including the Russian probe. That means Clinton's e mails, the anti-Trump dossier.
The FISA surveillance of a Trump campaign associate. Now tonight what we're going to do, we will peel back the layers of this very complex onion, we will expose, it will be easy to see just how crooked and corrupt Mueller and his appointed team really are. Their conduct is something you'd respect in a banana republic not the United States of America.
There is so much fake news and misinformation in the news outlets today. We'll do what we always do. We're going to set the record straight. We'll get to the truth and tonight we'll explain and we will diagram all of these controversies and the corruption surrounding Mueller's team. Something you'll only see right here on "Hannity."
And also tonight, the liberal media is spreading even more fake news about President Trump reporting that Special Council issued a subpoena to Deutsche Bank for information about bank accounts owned by the President and his family. Well, tonight, the president's lawyer is pushing back and saying, those reports are flat out false. And Robert Mueller's witch-hunt comes at a significant cost to all of us and you the American people. The tab right now is nearing $7 million in counting. We will cover all of that and much more in tonight's breaking news opening monologue.
All right. Tonight, just like we did with Hillary Clinton's giant web of corruption, we are going to actually show you with charts just how corrupt, abusively biased and political Special Counsel Robert Mueller and his team of so-called investigators really are. This is on the surface complicated. Stay with us tonight. We're going to set the stage. We will explain and breakdown everything for you.
Let's start with the head of the snake. That would be the Special Counsel Robert Mueller. Mueller's credibility is in the gutter tonight with these new discoveries. His conflicts of interest, his clear bias, the corruption are on full display. Mueller is frankly a disgrace to the American justice system and has put the country now on the brink of the coming banana republic. Here is why.
Robert Mueller, former FBI director under Bush and Obama, was first appointed as a Special Counsel to the Russia probe by Deputy Attorney General Rod Rosenstein. Rosenstein, longtime federal attorney, was only able to appoint Mueller because the Attorney General Jeff Sessions, you remember, recused himself from the Russia investigation. That was a huge mistake. By the way, he may want to un-recused himself.
Now you might remember, this came after Sessions and Rosenstein encouraged President Trump to fire then-FBI Director James Comey over his inappropriate actions in the 2016 Clinton email investigation. Well, as it turns out, James Comey, guess what, he is very good friends with Robert Mueller after years of working in similar roles, while some have even described the duo as, quote, "brothers in arms." Isn't that so cute?
Now Comey also tweeting tonight he is meeting with his book publisher. I can't wait for that to come out. When's he going to start working for fake news CNN or conspiracy theory TV MSNBC? We'll have more on that later.
But back to Mueller his conflicts of interest do not end here. While serving as the FBI director in the Obama administration, Mueller stood by and did nothing while the controversial sale of uranium was approved by Hillary Clinton and others in 2010 to that state owned Russian energy company.
Now, keep in mind, a year and a half before the FBI had serious evidence of Russian bribery linked to the Uranium One sale. And a confidential informant was providing them further proof for six years of a potentially illicit deal. Twenty percent of America's Uranium was at stake. We don't have enough uranium.
Another important Mueller conflict. It stemmed from President Trump. Remember, he reportedly interviewed Mueller to be Comey's replacement as the head of FBI and ultimately President Trump, he went in another direction. He gave the job to Christopher Wray.
And finally, one of the biggest examples of Mueller's faulty, clouded, biased, abusively biased judgment is who he chose to staff the Russian probe. Now get this. At least, eight of the 16 lawyers that Mueller appointed to his team donated to Democrats like Obama and Clinton, including thousands of dollars to these campaigns. Not a single attorney Mueller appointed or hired donated to the Trump or other any Republican presidential campaign.
Which brings us to our next chart where we exposed members of Mueller's team from their clear political bias. One of Mueller's top lieutenants who some have called the legal pit bull is none other than Andrew Weissmann. We'll have more on him later on his monologue and show. But first, it is important to point out Weissmann gave $4,300 in political donations to Democrats including Obama. And as you can see, we filled out the chart. All told, Mueller's corrupt band of Clinton lovers, they have been responsible for over $50,000 in donations to Democrats. Are we really supposed to believe that they are fair and they are unbiased in this investigation?
Next up, former FBI counterintelligence official Peter Strzok, as we are about to show you, as we told you about last night. His tentacles just touched about everything. Now there is more stunning, new information about Strzok tonight. We will get to that in a second.
But first, let's lay the foundation. According to a report, this was yesterday, Strzok is a member of Mueller's Special Council team that signed the document that officially started the entire Russian investigation witch hunt. We learned yesterday this Trump hating Clinton loving agent oversaw FBI interviews of our former National Security adviser Lieutenant General Michael Flynn where he supposedly lied. Sara Carter -- will join us in a little bit -- is reporting that Strzok personally interrogated Flynn himself. And Fox News also learned that it was Strzok that was fired by Mueller over this summer presenting the anti-Trump pro-Clinton texts messages to his FBI lawyer girlfriend. Well, we just discovered tonight that Strzok's girlfriend Lisa Page also was on Mueller's team before leaving. We didn't know that yesterday.
And from there, it gets even more shocking as our own Catherine Herridge is reporting. Strzok played a very key role in the Clinton email server investigation. Now this politicized FBI official even participated in the July 2, 2016 interview of then-former Secretary of State Hillary Clinton where conveniently she was not put under oath.
Now this part is brand new tonight. Strzok was also present at FBI interviews of Clinton's top aids Huma Abedin, Cheryl Mills where they claimed they only knew about the server after Clinton left the State Department and it became public. He loves the Clintons and everybody around them. And it turns out emails from 2010 and '11 show that both Abedin and Mills did in fact know about the server. So, either they mislead the FBI or flat out lied. Where are the charges against them? And why were they spared and Lieutenant General Michael Flynn, why was he charged with lying to the FBI? A massive double standard.
And it gets worse from there. Fox News has confirmed that Strzok changed the language -- he was the guy -- in James Comey's draft memo exonerating Hillary Clinton from grossly negligent behavior favor to extreme carelessness. That is letting Hillary Clinton off the hook. Remember, they wrote the exoneration before the investigation. That means the fix was in. Gross negligence is part of the legal standard that would mean Clinton broke the law.
They stood up for her. They defended her. They protected her. This is shocking and this is why the office of Inspector General is now reviewing Peter Strzok's role in the Clinton email server investigation.
Now, Strzok's involvement extends to other key areas of this Russian probe -- keep up with me here, there is a lot of information -- like the anti-Trump fake news Russian propaganda dossier that used current and former Russian government sources to try and smear then-candidate Trump with salacious lies and influence the election and misled you the American people.
And the sources now revealing to Fox News that FBI Director Andrew McCabe, he is the key witness that Congress wants to talk to about the anti-Trump dossier. McCabe was scheduled to appear before Congress Thursday but now he is saying he is not going to show up.
Now, McCabe is also thought to have been the key point of contract to the former British spy Christopher Steele.
He is the guy that created the fake news, anti-Trump dossier that was bought and paid for by Hillary Clinton and the DNC that Donna Brazile says she was running.
And we can't forget according to multiple reports, a political action committee with ties to key Clinton ally, Virginia Governor Terry McAuliffe, they are like best friends. Well, they gave $500,000 to Andrew McCabe's wife Jill. She was running for the Virginia State Senate race. Now, Virginia's Democratic Party also contributed over 200 grand to Jill McCabe. Wow! The connections are stunning.
And finally, House investigators, they believe that Strzok is the key figure in the FISA surveillance of a Trump associate on the campaign. Now that makes a lot of sense given the ICE agents background in counterintelligence.
And also tonight and finally tonight, does Robert Mueller's top deputy, pay close attention. This particular minion is known as Mueller's legal pit bull. We are talking about the hard charging prosecutor Andrew Weismann. He has a long history of using highly questionable, unethical tactics to get convictions. There is new information tonight and it highlights Weissmann's rampant anti-Trump bias. We'll get to that in a second.
Before we do, you've got to understand who was Andrew Weissmann. Now, Fox News legal analyst Greg Jarrett has dug deep into Weismann's background. Here is what he has found. Back in 2000 during the massive Enron scandal, Weissmann was one of the prosecutors on the task force that brought a very controversial obstruction of justice against case against the giant accounting firm, Arthur Anderson. This is important. Weissman's actions put that company out of business. Tens of thousands of people lost their jobs. In 2005, the United States Supreme Court overturned Weissman's obstruction of justice conviction in a unanimous nine-zero nearly unprecedented ruling. But it was too late, he had already inflicted maximum damage to so many people.
Arthur Anderson was not the only victim of Weismann's aggressive tactics. The conviction of a business transaction between Enron and the financial firm Merrill Lynch, well, that sent people to jail. But guess what, they were innocent. That decision was reversed by the Fifth Circuit US Circuit Court of Appeals.
Weissmann is also been accused of intimidating witnesses, making up crimes that don't exist and in one case, withholding evidence that was exculpatory, that helped the defendant. And Weissmann is also tied to that corrupt Uranium One deal and the Obama administration cover up. Why did Mueller ever appoint this guy? He knew his track record.
And back then Weismann was in charge of the DOJ's fraud section during the Russian's bribery scheme, and as Gregg Jarrett's points out, Weissmann actually signed the bottom of the plea agreement from the Russian businessman involved in that case.
Now, here is the new explosive information we have tonight. In an email released after a FOIA request by Judicial Watch, Weismann -- the guy I'm telling you about -- he told the former acting Attorney General Sally Yates, an Obama appointee, he was proud of her. What was he so proud of? Yates denied a direct order from the president, her boss, refused to defend the legal constitutional travel ban back in January. Weissman's email, reads, quote, "I am so proud. I am in awe. Thank you so much. All my deepest respects." Pretty unbelievable. Shows where his political bias is.
Also tonight, your mainstream media, they are corrupt, they continued to spread fake news all in an attempt to destroy and damage this president day in, day out, hour after hour, minute after minute. The latest example involves reports that a Special Counsel has issued a subpoena to Deutsche Bank for information about bank accounts that were held by President Trump and his family. Well tonight, we learned it is fake news. President Trump's lawyer Jay Sekulow, he shot down this erroneous reporting with a statement that read, quote, "We have confirm that the news reports the Special Counsel had subpoenaed financial records relating to the president are false. No subpoena has been issued or received. We have confirmed this with the bank and other sources."
This is just another reason you the American people should never trust this destroy Trump corrupt media.
And finally tonight, Robert Mueller's political witch hunt comes at a massive cost to all of us, the American taxpayers. Now for May to the end of September alone, Mueller has spent nearly 7 million of your dollars on a corrupt, his crooked investigation that is now turned into this political fishing expedition. Remember this also started as a probe in the possible Trump-Russia collusion. There is been zero evidence so far -- none, zero, it's been almost a year -- that this ever happened. And the media, Russia, Russia, Russia. So now Mueller and his political lackeys, they are trying to dig up any kind of potential wrongdoing that justified their existence. This is a massive waste of money and you, the American people are paying for all of this which is an attempted political takedown of you duly elected president. It is a direct threat tonight to the rule of law, to our constitution. And tonight, this all now begins to end.
Joining us now with reaction, Judicial Watch President Tom Fitton. He filed the FOIA investigation request. Also investigative reporter Sara Carter. FOX News legal analyst we count on him obviously a lot, Greg Jarrett is with us.
Tom, let us start with you. And it wasn't only Weissmann who is praising a woman, an Obama holdover that would not -- that disobeyed a direct order of her boss, the President of the United States Donald Trump.
TOM FITTON, PRESIDENT, JUDICIAL WATCH: Yes. There were other lawyers in the Justice Department senior officials. One in a financial fraud section. Former US attorneys who ended up getting fired in retrospect rightly by President Trump. But Weissmann is very serious. Because he is the number two under Mueller and he was praising misconduct by the former acting Attorney General Sally Yates.
She was fired quite rightly by President Trump for refusing to follow his direction to defend a lawful regulation. This -- temporary band on immigrants from several countries. So, this is a real concern for anyone who wants fair administration of justice out of the Mueller investigation.
HANNITY: Is he like Strzok compromise. Is he a Trump hater? Because I interpret that as being a Trump hater and a Hillary supporter.
FITTON: Listen, if you praise lawlessness against President Trump, I think it's fair to say, you don't like President Trump. And he shouldn't be anywhere near this investigation and strike two in the least for a Mueller investigation, we've got Peter Strzok. Now we have Weissmann and if I were General Flynn's lawyers, if I were Manafort's lawyers, I would be screaming to the courts right now what is going on here? Why hasn't this been disclosed? Strzok by the way, he was fired back in July, Sean.
HANNITY: Unbelievable.
FITTON: And the Justice Department, his nominal supervisors to the Justice Department withheld this information from the American people in Congress. And I'll tell you, it is at the point where we may need a special counsel for the special counsel. That is how out of control things are.
HANNITY: Sara Carter, you began this all last night with this guy Strzok and literally, you know, him being removed, now he found out tonight that the girlfriend is remove and we found out that the number one hit man with the most atrocious unethical background and record and failure Andrew Weismann. Why was he ever appointed by Robert Mueller with that background? A 9-0 decision. The Fifth Circuit Court of Appeals.
SARA CARTER, INVESTIGATIVE REPORTER: Well, I think what is most stunning here is his relationship with Sally Yates and the relationship among the people inside the Department of Justice that they felt so comfortable sharing these emails with one another on their office email accounts. And not only that, think about the relationship he had with Sally Yates. I think there is a series conflict of interest here according to a number of sources that I've spoken with.
In law enforcement and the intelligence community, they have said, look, she was after Flynn from the beginning. And if he is this close to her and he has this much respect for her based on a decision where she basically went against the President of the United States, this should be called into question. And you know, Tom, isn't the only one that kept saying, there needs to be a special council for a special counsel. I am hearing that a lot right now.
HANNITY: I am, too. Greg Jarrett, you are saying tonight in a column that Andrew Weissmann must resign or be fired immediately. I don't even -- why was this man either hired with that atrocious -- he wrecked tens of thousands of people's lives. Innocent people went to jail because of Andrew Weissmann. Robert Mueller had to know this.
GREG JARRETT, FOX NEWS LEGAL ANALYST: Of course. Because Weismann worked for Mueller not ones but twice as special counsel for the FBI. Their long time colleagues and friends, which is why Mueller hired him and may be hired him because Mueller knew of the hidden political agenda that Weissmann harbored. Look, not only should Weissmann be fired immediately. But the entire staff of Mueller of Robert Mueller is right with corrupt motives and political prejudiced. It was entirely stacked against Donald Trump. And so, what happened now, Mueller should be dismissed. The entire remember staff should be fired. And a new special counsel should be appointed.
HANNITY: Who can do it?
JARRETT: Well, Rod Rosenstein could do it but he won't do it because he is conflicted as well, he is both prosecutor and witness in this case.
(CROSSTALK)
JARRETT: Well, I'll tell you what should happen. The Attorney General Jeff Sessions who recused himself from the case should un-recused himself for the soul purpose of firing Mueller and the staff and appointing a new special counsel. And then disassociate himself from any of the oversight.
HANNITY: Tom, respond to that.
FITTON: Yes. I agree. You know, Mr. Mueller is being treated as king of the Justice Department, he has got his enormous budget. I guarantee you. There is no other investigation that this Justice Department is conducting. It has the resources allocated to it that Mueller has. And it is being used for what? To investigate mortgages fraud? To investigate a penny anti-perjury charge that was the result of an ambush interview by an enemy of the President and the supporter of Hillary Clinton.
President Trump should order the Justice Department to file Mueller. The Justice Department has had their chance to reigns this guy in. They haven't taken it. And the President needs to exercise the constitutional law that he has to protect the American justice system.
HANNITY: Between the role of Strzok, Sara, and the role of Comey and the role of everybody else here, Comey writing the letter and Strzok, you know, editing the letter. They would exonerate Hilary before they did the investigation. That renders that investigation meaningless to me. Where is the Attorney General? Where is the Special Counsel to do a real investigation? Because we know crimes were committed in this particular case.
CARTER: Well, and I think what we're going to see Sean is the inspector general's report that we're going to see parts of that report. Before December, we're going to see other parts of his report coming out after January. And they are looking at Peter Strzok, they are looking at Comey. They are looking at 27 leakers. It would not surprise me if there is a shake-up at the FBI and house cleaning.
HANNITY: Hearing rumors, it's coming as soon as for this week, perhaps.
CARTER: That's right. I'm also hearing the same and I think that one thing that we are lucky with here is that the layers of this onion have been peeling back. And we have been able to get information slowly but we have been able to get information that is exposing it for what it is. And I think that is the most important thing right now.
HANNITY: And it really is, I have got to lay the foundation and then give the new information. So, this is complicated but it is obvious what is going on, Gregg.
JARRETT: What is astonishing is that one man with a political agenda exonerated Hillary Clinton and then simultaneously launched the investigation against President Trump.
HANNITY: And Comey. That to me is obstruction.
JARRETT: But of course it could be. If Comey and Strzok ignored incriminating evidence and instead decided to clear Hillary Clinton for political purposes, that is obstruction of justice. And there ought to be a case brought against them if that happens.
HANNITY: It is a national disgrace.
JARRETT: It is.
HANNITY: The Mueller's team is a national disgrace. It is a travesty of justice. It is a travesty to exonerate somebody for political purposes and literally before the investigations is done.
FITTON: Sean?
HANNITY: I'm just out of time.
FITTON: Sure.
HANNITY: We will have you all back. I promise. We are not letting up.
Now, when we come back, we'll talk to Harvard constitutional law professor, we don't always agree. Alan Dershowitz. He has a strong warning tonight for Robert Mueller.
Also, breaking tonight, new charges have been filed against that illegal immigrant who killed Kate Steinle on that pier in San Francisco? Will justice finally be served? And the President keeps saying massive campaign promise about Israel. We'll check in with Ed Henry. And we'll go to Washington for the latest details, straight ahead.
(COMMERCIAL BREAK)
HANNITY: This is a Fox News alert, just moments ago, we learned that federal officials have in fact filed brand new immigration and gun charges against Jose Garcia Zarate, the illegal immigrant responsible for the death of Kate Steinle. Now, he is acquitted of murder and voluntary manslaughter last week. We will have more updates throughout the night as the story unfolds.
Also tonight, we are following another big story. The President is following through a major campaign promise involving one of our closest allies, the state of Israel. This is big news tonight. Ed Henry is live in DC with the details. Ed --
ED HENRY, FOX NEWS CORRESPONDENT: Sean --
HANNITY: As a big supporter of Israel, I have known for years, I believe this is the right thing to do, what is happening?
HENRY: Well, you saw on your right. It is very controversial but a campaign promise kept. At 1:00 p.m. tomorrow, the President will announce at the White House that the U.S. government is officially recognizing Jerusalem as the capital of Israel and he will direct the State Department to begin the process of moving U.S. Embassy there from Tel Aviv. This upends decades of foreign policy by American presidents in both parties that these issues would be settled by peace talks.
It is wildly popular as you noted with our key ally in the region is real. And its Prime Minister Benjamin Netanyahu who today praised it. But in a phone call, the Palestinian President Mahmoud Abbas expressed his displeasure saying this will hurt the peace process and possibly injure the prospects for the internationally endorsed two state solutions. Well, Jordanian and Saudi officials warned this may provoke the global Muslim community which some experts see as a veiled warning that another Intifada could erupt. Though all of this talk of grave consequences was rejected by the President's National Security advisor who says, this move can actually help the peace process. Watch.
(BEGIN VIDEO CLIP)
LT. GENERAL H.R. MCMASTER, WHITE HOUSE NATIONAL SECURITY ADVISER: There are options involving -- the move of an embassy at some point in the future which, I think, it could be used to gain momentum toward a peace agreement. And a solution that works both for Israeli and for Palestinians.
(END VIDEO CLIP)
HENRY: Now you saw from those pictures that some Palestinians protesters tonight are burning photos of President Trump among other things, so just in case the State Department is warning American diplomats and their families to avoid Jerusalem's old cities and part of the West Bank, meanwhile Vice President Mike Pence we should not, is set to arrive in his official trip in just 11 days -- Sean.
HANNITY: All right. Ed Henry in Washington. Thank you, Ed. Joining us now, the author of the book, "Trumped Up: How Criminalization of Political Differences Endangers Democracy." Harvard Law School Professor Alan Dershowitz is with us.
Professor, good to see you. Thanks for being back.
ALAN DERSHOWITZ, HARVARD LAW SCHOOL PROFESSOR: Thank you.
HANNITY: Let me go to this story. It is too important issue and I know you and I agreed on over the years. Most Americans, we give the Palestinians money, they pay families money of those who kill Israelis and American. That is outrageous waste of tax payer dollars.
DERSHOWITZ: It is worse than it (inaudible) murders. I think that President Trump's decision to recognize Jerusalem as the capital of Israel is the perfect response to President Obama's outrageous orchestration of the security council resolution which he pushed through as a lame duck that declared the western wall to be illegally occupied territory. The Hebrew University, the hospital, the Jewish quarter, according to this resolution that was basically pushed through by Obama, these are outrageously flagrant violations of the international law. The best response to that horrible resolution is for the President to say, we don't accept the U.N. resolution and the best proof is we will recognize Jerusalem as the capital of Israel. You say it is occupied we say it the capital. Perfect response.
HANNITY: Agreed. Let us go Democratic Senate and ranking member of the senate judiciary Dianne Feinstein claiming obstruction of justice case against the President you had very strong reaction to that. Is it possible people sight that Nixon and they sight the Clinton affair? Is there obstruction of justice and can you sight that against a sitting President?
DERSHOWITZ: Well those cases both support my position that you cannot charge a sitting President with obstruction of justice if he simply implements his own constitutional obligations under article two. What happened in the Nixon case they charged him with obstruction of justice for telling his subordinates to lie and for destroying evidence of a paying hatch money in Clinton case, they set up for telling witnesses to lie. Here what they are saying the President commit an obstruction of justice by firing Comey. Which he had a perfect right to do. Comey said that himself. If he were pardon somebody like Flynn. But you cannot hold the president criminally responsible for exercising constitutional authority. Remember it is not only the President who has this kind of immunity. Senators have immunity in prosecution. Judges have immunity from prosecution if they perform their constitutionally appropriate actions that is when our system of checks and balance system is all about.
HANNITY: Let me ask you about this guy particular - you have this guy Strzok and you have, I believe somebody -- I find his record atrocious, Andrew Weissmann and the team that Robert Mueller put together. In the case of James Comey and this guy, Strzok, how can you possibly be drafting an exoneration of Hillary Clinton before the investigation was ever -- not only ever completed but the key people in the investigation including Hillary were not interviewed up to that point. How is that possible? Does that mean that needs to be relitigate or reinvestigated?
DERSHOWITZ: First, Strzok should have recused himself even if other people did not know, he knew about them, he knew he had a biased against Trump and in favor of Clinton. He should have recused himself. I'm against using the criminal justice system to target political enemies whether it is Hillary Clinton or whether it is Donald Trump, I want to see a cease-fire and not use the criminal justice system as a weapon against our political enemies. I don't think Hillary Clinton should not have been investigates and prosecuted. I don't think Donald Trump should be investigated and prosecuted. If you don't like what a candidate did you vote against them, but you don't try to create criminal actions whether be espionage against Hillary Clinton of obstruction of justice against Donald Trump.
HANNITY: Let me ask you. If you had 33,000 subpoenaed e-mails or I had 33,000 subpoenaed e-mails and I decided I will delete them and decided a will acid wash the hard drives and somebody that works for me will bust up the black berries, I think I would be calling you and say, Alan Dershowitz, you may disagree with some of my politics, but I need to you defend me, I don't think any other American will get away with that, isn't that obstruction.
DERSHOWITZ: Well you mention the other innocent case, in fact I think that was an issues in that case, you have to show a specific intent to destroy evidence that you know is under subpoena. What often happens is that companies routinely destroy a document you have to show a very high level of specific intent. I don't think it was there and another innocent case, I don't think it was there and the Hillary Clinton case.
I want to make sure we don't politicize.
HANNITY: I actually think we have to be careful. I'm not disagreeing with you. If 33,000 e-mails had been subpoenaed and you delete them and not only you delete them you acid wash and bleach pit them and destroy the other devices that maybe on, that does not show intention to you?
DERSHOWITZ: You have to demonstrate the chronology and show when they were destroyed. Who destroyed them? What the chronology was. It is a very hard case to make. I just think in general we should not be looking to make criminal cases against our political opponents. We should lead that to the electoral process. If there are clear cases like the Nixon case, then I think prosecution is appropriate, but in general we should error on the side of leaving it to the political process rather than the criminal justice system.
HANNITY: Professor, thank you. I appreciate you being with us. When we come back, Catherine Herridge has an important explosive new report on the FBI's investigation in to Hillary Clinton last year and also whether Peter Strzok gave her and James Comey gave her a free pass. That and more as we continue our investigation tonight on Hannity.
(COMMERCIAL BREAK)
HANNITY: Tonight we are getting new information regarding the FBI agent who was fired from the Mueller probe. Peter Strzok specifically, we are learning more about his involvement. In the 2016 investigation into Hillary's private e-mail server. Our own Catherine Herridge has the very latest tonight from Washington. Catherine.
CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Sean our investigative team review this FBI summary of Hillary Clinton July 2016 interview. It shows the same FBI agent Peter Strzok was part of it. Agent Strzok allegedly said, anti-Trump texts waiting on Comey's public statement just three days later. Recommended against criminal charges and changed the language in an earlier daft from grossly negligent to extremely careless. Gross negligence is a legal standard under the federal statute 18USC-793F and is it is widely reported that agent Strzok over saw the review of Clinton aide Huma Abedin e-mail that were found under her strange husband Anthony Wiener's computer that discovered that the FBI to reopen and close the criminal e-mail probe just days before the election.
(BEGIN VIDEO CLIP)
ED MCMAHON, NATIONAL SECURITY DEFENSE ATTORNEY: It is not good for the FBI which holds itself up as a paragon of virtue whether there is no political motivation and we just follow the facts that is all. And everybody knows that is not the case. The FBI is an organization of human beings. With political interest. Political calculations and of course that happens.
(END VIDEO CLIP)
HERRIDGE: FBI Director Christopher appointed by President Trump will publicly testify on Capitol Hill Thursday. Sean?
HANNITY: All right, Catherine thank you from Washington. Now both of my next guests are involved with the investigation in the Hillary Clinton e- mail server scandal. Joining us now former intelligence community inspector general Charles McCullough and former Republican congressman, chairman of the house oversight committee, Fox news contributor Jason Chaffetz. Mr. Charles McCullough let's talk about you and the Clinton campaign planning to fire you -- and over the probe -- and much more. Tell us about that experience?
CHARLES MCCULLOUGH, FORMER INTELLIGENCE COMMUNITY INSPECTOR GENERAL: Absolutely. In no uncertain terms I was told numerous times that because of the probe she had intended had she won to relieve myself and the state department we would be the first to let go in her administration. Retaliation.
HANNITY: Look what we have now the fix was in. Exoneration before an investigation that is called, fixing a case that would send Sean Hannity and maybe everybody, but Jason to jail, right?
MCCULLOUGH: Yes. Certainly, you will have clearance issues and you will have employ ability issues and most importantly you are going to have criminal issues. For all three -- of those categories. Absolutely.
HANNITY: Former congressman you are a talk show host, far more better position. Let me take you back July 7 2016 you interviewing, asking questions of James Comey. This is critical this exchange.
(BEGIN VIDEO CLIP)
JASON CHAFFETZ, HOUSE OVERSIGHT COMMITTEE CHAIRMAN: Did you review the documents where Congressman Jim Jordan asked her specifically and she said, quote, there was nothing marked classified on my e-mails either sent or received, end quote.
JAMES COMEY, FORMER FBI DIRECTOR: I don't remember reviewing that particular testimony but I am aware that being said though.
CHAFFETZ: Did the FBI investigate her statement under oath on this topics?
COMEY: Not to my knowledge. I don't think there has been a referral from congress.
CHAFFETZ: Do you need a referral from congress to investigate her statements under oath?
COMEY: Sure do. You will have one. You will have one in the next few hours.
(END VIDEO CLIP)
HANNITY: And that happened. Did Hillary lie? And what -- James Comey knowing now he had long been involved in writing and drafting exoneration of Hillary before he even interviewed her.
CHAFFETZ: Yes. Clearly Hillary did lie under oath. I mean when Roger Clements supposed to lied under oath the Department of Justice indicted him, but Hillary Clinton not so much. You also got to remember. One of the little known fact there is that the Department of Justice via the FBI was handing out immunity like candy and in those immunity agreement they were not required to cooperate with government officials. You can track out General Flynn has to plead guilty and has to cooperate. Here you are giving out immunity, this witnesses had no obligation to -- work with government officials and investigators. And there are still Sean, to this day, 10 of thousands of documents, Hillary Clinton e-mails that had not been shared with congress. They are still sitting at the Department of State.
HANNITY: Unbelievable. Would you have to new redo this investigation knowing what we know now about how the fix was in?
MCCULLOUGH: Absolutely. Absolutely. Look the entire campaign over and over was lying. There was collusion and coordination between the campaigns, between the state departments. Between folks on the Hill as I have said over and over again. This is a very coordinated effort strategically by those three entities to misrepresentative what was actually in those e-mails.
HANNITY: What do you make of Mr. Strzok and now we find he interviewed Huma Abedin and Cheryl Mills and -- all of these other people and he had a pro-Clinton, anti-Trump biased and then he was part of the General Flynn interrogation which we are now learning that Peter Strzok. The FBI did not tell him it was an investigation -- what do you make of -- what do you make of all of that how could somebody that abusively biased and Andrew Weissmann ever be appointed by Robert Mueller?
CHAFFETZ: Peter Strzok at the intersection of all of the players in all of these investigations. It was so bad that Mueller fired him months ago, but has not cooperate with the house intelligence committee, they were not providing documents. Not make him except now in the media, now make him available. They have been trying to get at this for a long time. And he had this clear biased. Remember, he is dating having an affair with another FBI agent. She was on Mueller's team.
HANNITY: She was on Mueller team.
CHAFFETZ: You watch the office. Michael Scott does not even get away with that.
HANNITY: She was another anti Trump person in the Mueller team, we learned tonight. All right. Thank you, both. We appreciate it. We are going to stay on this. When we come back. Liberal morning Joe, well he continues to have emotional break down, one after another exposing themselves the hacks they are on that network. Later you will not believe what Congresswoman Nancy Pelosi thinks is going to kill all of you. And other Democrats. You are going to die.
(COMMERCIAL BREAK)
HANNITY: All right conspiracy TV MSNBC liberal Joe speculating that President Trump's team will go to jail for the rest of their lives. Think of it. Watch this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Knowing them I think they are shocked that the news is tightening. I don't know if they were arrogant or just incredibly unself-aware and really dumb about what the job was about and how important it was and how under the microscope every move you make would be, I think they thought they go in there and (inaudible) and riff through it. I think they are shocked that the news is tightening and people might go to jail for the rest of their lives.
(END VIDEO CLIP)
HANNITY: Stress of it all. Now that is author and radio American talk show host Dana Loesch, civil rights attorney Darryl Parks. It is so entertaining to watch the emotional breakdown that they both sharing together every day in the national platform. It is almost not quite worth watching just for the emotional catharsis you see every day. They need group therapy on television. Dana?
DANA LOESCH, THE BLAZE ON TV AND AUTHOR OF HANDS OFF MY GUN: Sean.
HANNITY: Sorry.
LOESCH: I'm trying to figure out. What are they thinking they will get him on? So far, Michael Flynn did the same Martha Stewart has done. Sean, what were we told a year ago? We were told the Russians were storming the White House and the Russians were controlling Trump and conspiring together and everyone was going to die in the streets. Weeping, dogs and cats living together. And instead, Sean, we got a repeal of the individual mandate. Tax reform we keep more of our own money.
HANNITY: Supreme Court justices.
LOESCH: Yes. Supreme Court justices. Good Judge constitutional Judges on appellate courts. National conceal reciprocity going through the house. We were told awful things would happen they got Michael Flynn on Martha Stewart charge.
HANNITY: You know, I know you are a lawyer. You have a problem if they didn't finish an investigation that they are writing an exoneration letter. Are you concerned that Robert Mueller has put people that the histories of unethical conduct that have ruined people's lives on his team and people on his team that are pro-Hillary or anti Trump does that bother you in the pursuit of justice, in a pursuit of truth.
DARYL PARKS, CIVIL RIGHTS ATTORNEY: I feel that Robert Mueller will do a thorough investigation.
HANNITY: I didn't ask you that. I asked you if these conflicts bother you.
PARKS: No, no, no.
HANNITY: Yes, yes, yes. I know my question.
PARKS: Everyone has biases. To some degree you can't say that this people are biased.
HANNITY: Could you give me pro-Clinton anti Trump and express the opinion, you can write an exoneration before the investigation and as a lawyer you are cool with that.
PARKS: Listen Sean.
HANNITY: Answer. Come on. Daryl answer that.
PARKS: Let the investigation go through. You have to let them investigate.
HANNITY: They wrote the exoneration before they did the investigation.
PARKS: You are jumping to conclusions Sean. Let the investigation go.
HANNITY: All right. Dana quick update. I love how you are pro-second amendment. There is something big this week I want to get this in.
LOESCH: Yes. Sean, thank you very much for reminding your viewer about this. I hope everybody called their elected officials tomorrow, because national conceal reciprocity is going for a vote, tomorrow, Wednesday on the house floor this is something that millions of American went and vote for, Sean you talked about it on your program. This means that your rights don't end where the state line end and this is huge. This is getting your rights back and also with that is -- the bill misinformation that makes states abide with existing law. That is all it does.
HANNITY: I got to go. When we come back. Thank you both, that is tomorrow. Congresswoman Nancy Pelosi is insane. We will prove it.
(COMMERCIAL BREAK)
HANNITY: Before we go, I've got to share Nancy Pelosi's ridiculous, insane reaction to the GOP Tax cut plan watch this.
(BEGIN VIDEO CLIP)
REP. NANCY PELOSI, D-CALIF., MINORITY LEADER: It is the end of it. This health care is like that. This is Armageddon. This is a very big deal. Let's be truthful with the American people about that. They throw us some crumbs, the middle class, but they give with one hand, they take away in bounty with the other.
(END VIDEO CLIP)
HANNITY: Let me get this straight, you are all going to die, because you are paying less in taxes. We are all going to die because Nancy Pelosi won't have more of your money. Wow. Amazing. All right. Thanks for being with us. Let not your heart be troubled, the news continues, but we will never be the destroyed Trumpet media. The show will always be fair and balanced. We have a very important show tomorrow night. Hope you joins us. Laura Ingraham is standing live by in Washington, D.C. Did everyone vote on the picture that I - you know I like the pigtails.
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