DOJ files motion to drop criminal case against Michael Flynn

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This is a rush transcript from "Your World with Neil Cavuto," May 7, 2020. This copy may not be in its final form and may be updated.


DONALD TRUMP, PRESIDENT OF THE UNITED STATES: There's never been anything like this in the history of our country.

What they did, what the Obama administration did, is unprecedented. It's never happened. Never happened. A thing like this has never happened before in the history of our country. And I hope a lot of people are going to pay a big price, because they're dishonest, crooked people.

They're scum. And I say it a lot. They're scum. They're human scum. This should never have happened in this country.



More than two years after General Michael Flynn had pled guilty to lying to the FBI, the Justice Department gives up, says it is dropping its case against the president's first national security adviser.

We have got you covered from all angles, including with former Whitewater independent prosecutor Robert Ray. We also have Texas Senator John Cornyn here to weigh in on this and what's going on right now on the virus front in his state of Texas.

As you know, Governor Abbott of Texas in with the president today, where the president did make those remarks.

Welcome, everybody. I'm Neil Cavuto, and this is "Your World."

And what a world of activity today, the Justice Department dropping that case against Michael Flynn. The question now is, what now?

John Roberts at the White House -- John.

JOHN ROBERTS, FOX NEWS CHIEF WHITE HOUSE CORRESPONDENT: This has been developing over the last couple of weeks, Neil, ever since the re- investigation of the Flynn investigation found that there was a lot of evidence that had not been entered into the record in the Mueller report that Sidney Powell, who is Michael Flynn's attorney, suggested was very strong evidence that the FBI went out to set up Michael Flynn.

Other hard evidence to suggest that something was afoot came in more recently released documents in which the FBI, who had been investigating Crossfire Hurricane, the investigation of the Trump campaign, said that Crossfire Razor, which was the code name for Michael Flynn, didn't appear to have any derogatory information against him.

Yet Peter Strzok, who was one of the FBI agents who went to interview Michael Flynn in late January, said -- set up a flare and said, whoa, whoa, whoa, whoa, don't pull this investigation just yet. We have got more to investigate.

So the Justice Department today, in a statement saying -- quote -- "The government has determined, pursuant to the principles of federal prosecution, and based on an extensive review and careful consideration of the circumstances, that continued prosecution of this case would not serve the interests of justice."

Here's what else President Trump said about in the Oval Office just a short time ago.


D. TRUMP: I didn't know that was happening at this moment. I felt it was going to happen just by watching and seeing, like everybody else does.

He was an innocent man. He is a great gentleman. He was targeted by the Obama administration, and he was targeted in order to try and take down a president. And what they have done is a disgrace. And I hope a big price is going to be paid.


ROBERTS: The only loose end and all of this, Neil, is the fact that -- hey, before we get to her -- the only loose end in all of this, Neil, is the fact that the president actually said that he fired Flynn for lying to Vice President Mike Pence about his contacts with the -- the Russian ambassador to the United States, Sergey Kislyak.

So it doesn't completely square with what's going on right now. But, clearly, the president thinks that the overwhelming bulk of the evidence is that Flynn was treated unfairly by the Department of Justice.

Now to the other issue that is going on here at the White House just a short time ago, and I was just talking with Texas Governor Greg Abbott about this, is the case of Shelley Luther.

She is the salon owner in Dallas who was thrown in jail after she told the judge that she would not apologize for keeping her salon open. Well, what's happened since then is that the Texas Supreme Court has ordered her released. And the governor, Greg Abbott, now eliminating jail for people who violate any of the mitigation orders.

A lot of those orders come off tomorrow, by the way. Here's what Governor Abbott said about it in the Oval Office just a short time ago.


GOV. GREG ABBOTT (R-TX): We should not be taking these people and put them behind bars, these people who have spent their life building up a business and being told to shut it down and lose every penny they have.

And then, if they don't follow every little fine point of all the rules, they suddenly are subject to arrest. That is wrong.


ROBERTS: Now, the only loose end in that particular argument is that Luther was not jailed for violating the order. She was jailed for contempt of court after the judge gave her an opportunity to apologize, and she basically said, hell, no, I'm not going to apologize.

But I think Governor Abbott saying that the preponderance of public sentiment at least and maybe legal evidence as well is coming down on her side.

So a lot of things are going to change in Texas tomorrow. Governor Abbott says he's been working 24/7 to try to get this plan in place. So, Neil, we will see how it goes, though he did say that he's got a plan to dial it back very quickly if and when some sort of outbreak or some sort of fire pops up.

So, we will see how it goes with Texas. Fingers crossed.

CAVUTO: All right, John Roberts, thank you very, very much.

Speaking of the president, he is at this National Prayer Day event day at the White House right now.

Let's listen in.

MELANIA TRUMP, FIRST LADY: ... who are suffering and those serving on the front lines.

When evil darkens our world, give us light. When despair numbs our souls, give us hope. When we stumble and fall, lift us up. When doubts assail us, give us faith.

When nothing seems sure, give us trust. When ideals fade, give us vision. When we lose our way, be our guide, that we may find serenity in your presence and purpose in doing your will.


D. TRUMP: Thank you so much. Thank you very much.

No, please.

Thank you very much. Please. Thank you. Be seated, please.

And, Melania, thank you very much, on the second anniversary of the Be Best Initiative. You've done a fantastic job. And everybody appreciates it.

But I want to...


D. TRUMP: Thank you. And I want to thank you, on behalf of the entire nation, for all that you do for America's children and on fighting the drug addiction problem that we have in this country. It's all over the world. But I want to thank you very much. Great job you do. You work so hard.

On this National Day of Prayer, America is engaged in a fierce battle against a very terrible disease. Throughout our history, in times of challenge, our people have always called upon the gift of faith, the blessing of belief, the power of prayer, and the eternal glory of God.

I ask all Americans to join their voices and their hearts in spiritual union as we ask our Lord in Heaven for strength and solace, for courage and comfort, for hope and healing, for recovery and for renewal.

In recent days and weeks, our country has endured a grave hardship. We pray for every family stricken with grief and devastated with a tragic loss. We pray for the doctors, the nurses, and first responders waging war against the invisible enemy. We pray for the scientists and researchers, who pioneer treatments, that they find therapies and vaccines and that they find them soon. We pray for the frontline workers keeping our nation fed, nourished, and safe and secure. May God watch over them all.

We are honored to have with us today our amazing Vice President, Mike Pence, and his wonderful wife, Karen. Great friends of our nation and great friends of mine and Melania's. And somebody is doing an incredible job, not only as Vice President, but as heading the task force, which has come up with so many solutions and ideas and things that we didn't even think about two months ago.

We're also profoundly grateful to be joined by many faith leaders who are helping to care for our neighbors in their hour of need. Thank you all for providing meals to families, medical supplies to hospitals, and for providing spiritual strength and encouragement to your communities. You're very important people, very respected people, and very much-loved people.

In every part of our country, we have seen the Grace of God through the love and devotion of our fellow citizens. As Scripture assures us, The Lord your God is not [in] your midst, a mighty one who will save. And I think it's -- I think it's so true. Think of that: The Lord your God is in your midst, a mighty one who will save.

We have been reminded once again that God has blessed our land with heroes of faith.

Here with us is Brittany Akinsola from Charlotte, North Carolina. Brittany is a nurse, a pastor, a wife, a mother. When she saw the dire situation in New York City, she volunteered to work at the Samaritan's Purse field hospital in Central Park. There, she worked 13-hour shifts in the intensive care unit for weeks, praying for each patient while giving them the very best care. As Brittany said, We just keep sharing the love of Christ through our gifts of nursing.

Brittany, America is forever indebted to you and the incredible job you're -- you have done. And we very much appreciate it, Brittany. Please come up. Please, come up, Brittany, and say a few words.


D. TRUMP: Thank you.

BRITTANY AKINSOLA, NURSE: Thank you so much, Mr. President. It has been a great honor and privilege to be able to travel around the world with Samaritan's Purse and help people in their time of crisis and need.

And I most recently had the opportunity to go to New York City, as you shared. And I will tell you that, just to be able to combine both my skills of nursing and the gifting of pastoring at such a time as this in our nation and to serve the people of New York City was truly one of the greatest honors of my life.

And I know that I am one of many frontline workers that are serving our country right now. And so to all of my colleagues at Samaritan's Purse, and to everyone that is doing such an incredible job sharing their gifts to help those in need, I just want to say thank you so much. Thank you for being just a light of hope in a time that is such a hopeless time for so many people.

I would love to just leave you with a Scripture that has helped me so much through this time. And it's Galatians 6: 9, and what it says is, Let us not become weary of doing good, for at the proper time we will reap a harvest if we do not give up. And the harvest that I'm believing for our country is one of restoration and hope. I am believing for healing in the name of Jesus, and I am believing that unity -- that unity would thrive during this time. So thank you so much, and God bless you all.

D. TRUMP: Wow, Brittany. That's great. Wow. Thank you very much.


D. TRUMP: Brittany -- no notes, no nothing. You know your stuff, don't you? Huh? Thank you very much. Fantastic person.

Also with us is Mario Salerno, a landlord auto shop owner in Brooklyn. Last month, Mario waived rent for all 200 of his tenants. Oh, I got to see you on television, actually. I said, What kind of a landlord is that?


That's a great landlord, right? That's very nice. I got to see that. He wanted to make sure that they could put food on the table, and he wanted to take care of their families even though he's losing a lot of income -- which he could always use. We can always use it. Right, Mario? But that was a big thing. Mario says that's irrelevant compared to the value of human life. Fantastic thing, Mario.

He also believes he has two callings in his wonderful world -- usually wonderful world; we live in a world that's very complex -- to do good to people and to keep his faith. As Mario puts it, Faith is a lot more powerful than fear. That's true.

Mario, if you would, would you please step up and say a few words? Thank you very much.

MARIO SALERNO, AUTO SHOP OWNER: Thank you very much, Mr. President. I'm honored. On this special day of prayer, I have nothing written. I just want to thank the good Lord.

Every morning when I wake up, at 3: 30 in the morning, get ready, put my feet, I pray and I ask the good Lord, Please, conquer this vicious virus. He's making us all stumble. And besides me praying to the Good Lord, I pray for our dear President. And I tell God, Please, give him the strength and the power, because he's not only our leader of the great United States; the whole world is following this gentleman.

And I can't say anything else, but let's please pray for this wonderful man. Faith before fear. And, Mr. President, I'm honored to be here. And I pray for you every day. God bless America and God bless you, Mr. President. Thank you.


D. TRUMP: Thank you, Mario. Wow. That's so great. Thank you, Mario. That's really nice. I appreciate it. And, by the way, I love your tie, but I love your words even more. Thank you very much.

In every age and in every generation, the prayers of our people and the faith of our families has willed us on to victory. No obstacle, no enemy, and no danger can overcome the mighty spirit and soul of our nation.

In every battle against poverty, against disease, against tyranny and evil, we have placed our loyalty in each other and our trust in God. And we have prevailed. We will continue to prevail. We will prevail again. We will vanquish the virus. We will defeat the enemy. We will not fail.

So, once more, we call upon our Creator to guide us through these very complex steps, protect our people, rebuild our communities, and restore our beloved nation to even greater heights. We will never forget, however, those that have been lost, those incredible souls, and the families of those souls that are going through so much. We will never forget you. We will be there for you.

May God continue to strengthen our hearts and sustain our souls. May God continue to shed His divine grace upon this land. And may God forever bless the United States of America.

And now I'd like to ask the faith leaders of our country -- some of the most important of our faith leaders, people respected by everybody -- to say a few words.

Please, Sister Eneyda Martinez, if you would, perhaps begin. Sister, thank you very much.


In the name of the Father and of the Son and of the Holy Spirit. Amen. Dear Heavenly Father, I ask you to grant us, in this moment, to be in your most holy presence. In the presence of our mother Mary, of Saint Joseph, our protector and guide, of all the angels and of all the saints, I ask you to please grant us the grace to be one in body and in spirit, all of your children of the Earth. Please be with us so that with one voice, with the voice of the Church, we may pray together to our Lord and Savior Jesus Christ.

Jesus, Son of God, you were sent by the Father to bear our weakness. Be with us in this time of crisis. Merciful savior, heal and comfort the sick, so that with health restored, they may give you praise.

Divine physician, accompany our caregivers so that serving You with patience, they may heal wisely. Eternal wisdom, guide our leaders so that seeking remedies, they may follow Your light. Christ, the anointed, protect us in body and spirit so that freed from harm, we may be delivered from all affliction.

Beloved Son of the Father, grant us the grace to grow in love for Him, that we may love the Lord our God with all of our heart, with all of our mind, and with all of our strength. You who live in reign, in the unity of God the Father with the Holy Spirit, one God, forever and ever. Amen.

We thank you, Father, for this moment. We thank you for your love for us. We ask you, in the name of Christ our Lord, to bless us with His most precious blood, to bless our nation, to bless our world. In the name of the Father, and of the Son, and of the Holy Spirit. Amen.

D. TRUMP: Thank you, Sister, very much. Thank you. It's beautiful.

Pujari Harish Brahmbhatt.

PUJARI HARISH BRAHMBHATT, BAPS SHRI SWAMINARAYAN MANDIR: Thank you, Mr. President. In these troubled times of COVID-19, social distancing, and the lockdown, it's not unusual for people to feel anxious or not at peace. The Shanti Paath, or the peace prayer, is a prayer that does not seek worldly riches, success, fame, nor is it a prayer for any desire for heaven. It is a beautiful Hindu prayer for peace -- Shanti. It's a Vedic prayer derived from the Yajurveda. And the prayer goes:


The prayer translates into: Onto the heavens, be peace. Onto the sky and Earth, be peace. Peace be onto the water. Onto the herbs and trees, be peace. Onto all the crops, be peace. Onto Brahma and onto all, be peace. And may we realize that peace. Peace. Peace. Peace.

Thank you.

D. TRUMP: Thank you very much. Thank you.

Would Bishop Dwight Green please come up?

BISHOP DWIGHT GREEN, CHURCH OF GOD IN CHRIST: Thank you. Good afternoon to the President, Vice President, and all those that are assembled today at the National Day of Prayer.

Let us pray.

To the eternal sovereign God of creation, You have summoned your people, once again, to prayer. And the presiding Bishop of the Church of God in Christ and the membership of our organization around the world has, for the last 12 weeks, been joined together interceding for the deliverance of our nation and our world that God would deliver us from the coronavirus pandemic and all of other debilitating plagues present in our world.

We believe that the suffering and the loss of life, which continues to threaten the socioeconomic and geopolitical balance of our country can be curtailed when the people of God pray.

You said in Psalms 107: He will send His word to heal and deliver us from destruction.

Our systems are broken, no longer trusted, nor effective, because we have strayed from your commandments. And our people are wounded, ailing, bewildered, frustrated by empty promises.

We need you to transform us to the likeness of your Son, Jesus the Christ. We need your word of healing that will restore confidence in our justice system that will reflect fairness and provide rehabilitation for redeemable offenders. We need your word to heal that promise quality early childhood education and equitable distribution of opportunities for wealth-building for blacks, browns, and disadvantaged whites.

We need your word of healing that will speak to the physical, emotional, and spiritual deficiencies of our nation; your word that will cause us to recognize we are all God's children and He has called us to love and good works.

You declared a house divided against itself will self-destruct. So, Father, have mercy on us as we repent today for our miscarriage of justice. I repent of all offenses and disobedience of our nation to your commandments, and humbly seek your forgiveness and pray for mercy that you will deliver us from this evil affliction of the coronavirus.

And grant to our President, Mr. Trump, the Vice President, Congress, and the religious leaders of our nation your divine insight to navigate this pandemic, in the name of Jesus Christ the Savior.

And we pray divine comfort for the grieving families of those that have been lost and those that are yet struggling with the affliction inflicted by this virus. We pray your comfort, your deliverance, and your peace.

In Jesus's name, thank God. Amen.

D. TRUMP: Thank you, Bishop, very much. Thank you.

Pastor Paula White, please come up. Thank you, Paula.

PASTOR PAULA WHITE, WITHOUT WALLS INTERNATIONAL CHURCH: What an honor to be here with you, President and First Lady, Vice President, Second Lady. It's a beautiful day to lift up our Lord and Savior. He is a certain God in uncertain times. And the Bible says, if two or three of us agree as touching anything, it will be done.

Job 22, verse 28 says: If you decree a thing and declare a thing, it will be established. So, God, we come in agreement with your word and with your name -- the name of Jesus.

Psalm 40, verse 17 says: You are my help and my deliver. Do not delay, Oh God. I declare no more delays to the deliverance of COVID-19. No more delays to healing and a vaccination. No more delays to restoration of this great nation, the United States of America.

For Psalm 71:2 says: In your righteousness, deliver us and rescue us, incline your ear and save us.

Psalm 107 says: You deliver us out of the stress and out of destruction.

Your word will not return void, according to Isaiah chapter 55, verse 11. So I declare your word. I declare divine intervention and supernatural turnaround. You will restore this land.

According to Psalm 118:25: Save our nation, oh Lord, and send prosperity now.

For Deuteronomy 28:8 says: Command your blessing upon this land. You said in Deuteronomy 8:9 to bring us into good land without any lack.

For your word declares in Psalm 33:2: Blessed is the nation whose God is Lord.

So I declare you right now to be Lord over this nation, over the United States of America, and we receive your blessing over any plague, over any economic distress.

You will stay the hand of the enemy, according to Second Samuel chapter 21, verse 16: When 70,000 men died by a plague, David cried out as he covered himself in prayer. And the Lord answered and said, It is enough.

Stay now thine hand. Lord, let that be the cry today, and let that be your answer. Lord, enough coronavirus, enough to death, enough to fear, enough to poverty. Stay thine your hand.

We pray over President Trump and First Lady, Vice President and Second Lady, and this administration. I declare Psalm 89, verse 21: Let your hand establish President Trump, and let your arm strengthen him. I declare Psalm 98:1 that your right hand and your holy arm will give Him victory. We declare victory in the name of Jesus.

Isaiah 58:11 says: Guide him continually. And you said in Psalm 78:72 that you would guide him by the skillfulness of your hand.

You declared in Psalm 43 that send out your light and truth and let him lead his household, his administration, in the name of Jesus.

Now, Lord, we pray for your mercies, for they are new every single day. And every morning, your mercies are new. Your steadfast love never ceases. I declare new mercies for hospital workers, new mercies for doctors and nurses, moms and dads, pastors and clergies, CEOs and employers, for the President and Vice President.

God, your love is steadfast and it endures forever. So right now, wrap your arms of love around every person who is hurting, every person who is confused, scared, tired, weary sick, lonely. Let them know your love. Let them know that you will never leave them and you will never forsake them.

And in conclusion, I declare Isaiah chapter 43, verse 19: I ask the Lord to do a new thing in our nation by giving waters in the wilderness and streams in the desert.

Malachi 4:2 says: Jesus, arise over the nation with healing in your wings.

President, one last word: Like David, who had had victory, after victory, after victory, after victory, would face his biggest battle -- it was called Ziklag. And they would take his wives and his children, and the city would be burned down. And he cried and he wept, and he began to pray out to God. And God gave him a word.

And through fasting and praying, I believe this is the word for you and for this nation: The Lord spoke to him and said: Pursue and go after them, and you shall, without fail, recover all.

Sir, the word of the Lord, I believe, for this nation and for this administration is: You will recover all.

D. TRUMP: Well, thank you very much, Paula. Incredible, Paula. Thank you.

Next is Chaplain Ibraheem Raheem. Thank you, Chaplain.

CHAPLAIN IBRAHEEM A. RAHEEM, U.S. ARMY: Thank you, Mr. President.

Let us pray:

Gracious and merciful Lord, I pray for our nation. I bring the needs of our citizens before you and ask that you be with all of us through the challenges we endure from COVID-19.

I pray for the victims and families of victims that have lost their lives, as well as those that are fighting for their lives today.

I pray for the many without jobs, food, and shelter. I ask that you would give all of our nation's leaders the wisdom and courage to lead us through this pandemic.

I pray for our President, Vice President, First Lady, and Second Lady. I ask that you help us to work together as a nation. I ask that you bless our Congress and all of those in leadership positions to restore our nation back to full operation. I pray for your protection to cover all of our valiant health care workers, our courageous first responders, law enforcement community, and brave men and women of our military. I pray for all essential workers. I pray for the soundness of mind for our governors and judges across the land.

I pray for every faith community and their leaders. And I ask your blessings upon those in my community who are observing the collective fast of Ramadan.

I ask these blessings in your gracious and merciful name. Amen.

D. TRUMP: Thank you very much. Thank you very much.

Sister Debbie Harrison. Sister Harrison, thank you very much.


Our Dear Heavenly Father, we are grateful, this day, to be gathered together with representatives from many faiths, united in prayer to appeal to thee thy mercy and grace, and helping us and our nation.

We are grateful to be in a country where we have the right to exercise our religious beliefs. And we pray and cherish that those freedoms that we have will be protected and not be diminished.

We are united in prayer today to ask a special blessing of deliverance -- deliverance from this pandemic that has covered the Earth in a devastating sickness. We ask that our doctors, nurses, and caregivers can be blessed with special protection in recognition of their sacrifices and hard work.

Please bless our scientists and doctors to develop effective treatments for those who are sick and who may become sick. We pray that a safe and effective vaccine can be developed quickly to protect us, so that life can return to normal.

Bless the leaders of this great nation to be inspired by thee, to have wisdom and judgment to make good decisions and to get the economy running again. Amplify their talents.

Bless our leaders to work together in harmony and unity to do what is best for the citizens of this nation.

We pray for those that mourn for lost loved ones and ask that you send thy Holy Spirit to comfort them and give them assurance that they can be reunited again through the power of our savior Jesus Christ's resurrection.

We know that without thy strengthening help, we will fail. But with thy help and tender mercies, we can do all things and we will not fail.

We pray we can look to thee in every thought, doubt not, and fear not.

We love thee, Heavenly Father, and we call down the powers of Heaven to help us, unite us, and deliver us from these troubled times.

I say these things in deep gratitude for all of our blessings in the sacred name of Jesus Christ, our healer and redeemer.


D. TRUMP: Thank you very much, Sister. Thank you.

Rabbi Ariel Sadwin. Thank you, Rabbi.


King Solomon, in his great wisdom, writes in the second chapter of Song of Songs, There he stands behind our wall, gazing through the windows, peering through the lattice. The Midrash commentary explains this to be referring to Almighty God at a time when his presence is not visible, nor is it readily apparent. But fear not, says King Solomon, he is right there in the background, watching you through the window, and the lattice.


Oh, our merciful Father.

This idea is so apparent and reminiscent to this most challenging time during which we find ourselves. Our relationship with you seems so different from what it always has been. We have not been in your house, our holy synagogues, in nearly two months. These sacred places where we go to seek you and to derive inspiration three times a day, every day, are empty, dark, and shuttered. Instead, all we have had is the sanctuary of our own homes and the limited allowable interactions.

There is fear, there is sickness, there is death wherever we turn and whenever we listen. But yet, we know you are still there, watching over us as always.


Master of the world, you are the Rofei chol basar, the healer of all flesh. We implore you to eradicate this awful plague from your Earth, heal those who suffer, comfort those who mourn, sustain those who have lost livelihood.

Please bless our President, our First Lady, our Vice President, our Second Lady, and the entire administration, as well as the leaders of state and local governments who must make critical decisions each and every day.

Please bless the doctors, nurses, first responders, and all medical personnel who dedicate their lives to save others. Please bless the selfless community and civic leaders who are doing their part to help those in need. And please bless each and every one of your 330 million children who make up the United States of America.


D. TRUMP: Thank you, Rabbi, very much.

Now I'd like to ask the Spirit of Faith Christian Center Choir to come up and conclude the event by leading us in the singing of God Bless America.

Thank you.

UNIDENTIFIED MALE: It is my prayer and desire as we join together to sing God Bless America that we will all reciprocate and begin to bless God.



D. TRUMP: Well, thank you very much. That was -- that was great. Thank you.

You know, while you're up here -- so this is totally unexpected, but you're so good. Do you have one song that you'd like to sing for the group and for the whole world that's watching right now? You have a lot of cameras out there.

Go ahead. We'll put a little pressure on you. You can handle it.


D. TRUMP: Go ahead.



D. TRUMP: That's fantastic. A lot of people were watching. Thank you. Great talent, beautiful.

Thank you all very much. Great Day of Prayer. Thank you very much, Mike.


D. TRUMP: Thank you all very much.

CAVUTO: All right, this National Day of Prayer, a unique American moment. I hope that you folks didn't mind that we wanted to stick with that from the beginning of the end.

The National Day of Prayer has gotten short shrift over the last few decades here, as it gets less and less attention. All of this, if you think about it, national days of prayer and fasting, date back to Abraham Lincoln.

Even President Adams recognized a special day for prayer and soul- searching. But it formally began on July 4, 1952, when the Reverend Billy Graham led some 20,000 at a special service on the steps of the Capitol.

Then President Truman was so impressed that he got a national joint resolution going with Congress to declare a National Day of Prayer that has been in effect ever since.

But we thought -- and I hope you understand and could understand where we were coming from -- that this is kind of special here. It has a long and rather checkered history. Some get into it. Others, depending on the year, do not.

But the fact of the matter is, with all the country is going through, and recognizing all the pressure we as a people are under in the middle of this virus, we thought it would be a good time to hear from every major religion practiced, preached in this great country, and you heard them all.

It was a special moment. And we should remember we are a special people. And we have our special prayers and our special concerns.

So, thank you for your understanding through that.

All of this on a day, I think it is safe to say General Michael Flynn's prayers were answered, not trying to crassly connect the two here, but the fact of the matter is, the Justice Department essentially dropped its case against him.

And that is not being received well by everybody.

James Comey on the wires right now, the former FBI director, tweeting out the following: "The DOJ has lost its way, but, career people, please stay, because America needs you. The country is hungry for honest, competent leadership."

Robert Ray joins us right now, the former Whitewater independent counsel. He was kind enough to stay with us on the phone through that service.

Obviously, James Comey not happy about that, and not happy about this, but it is obviously relief to General Flynn. The president has indicated already, Robert, that while he might want to talk to him, even last week, he was hinting at the possibility, yes, he'd welcome him back.

Your thoughts?

ROBERT RAY, FORMER INDEPENDENT COUNSEL: I'm proud of the Department of Justice today.

And contrary to what former Director Comey said that he's -- he doesn't see it the same way, I think that Jim Comey, frankly, has not only lost his way. He's lost his mind.

If this hadn't happened, I am pretty confident that the judge would have allowed Michael Flynn to withdraw his plea, which would have put the ball squarely back into the Department of Justice's court. But they stepped forward and did the right thing with regard to a case.

I agree with Ambassador Nikki Haley. At any level, this is profoundly disturbing, what happened to Michael Flynn. I have been disturbed about this prosecution since I found out that Jim Comey and Andy McCabe sent two FBI agents and snuck them into the White House to interview Michael Flynn about an investigation that had no predicate, and therefore no lawful basis.

So, I think this is a proud moment, to answer your question, for the Department of Justice to have done the right thing. If the Democrats don't like that, they can stuff it. I mean, I have been around long enough to understand a prosecution that was defective.

And this prosecution should not have been brought, even in the circumstance in which Michael Flynn pleaded guilty, because he pleaded guilty, frankly, under duress. They threatened his family. They -- it was an investigation without predicate, and it had all kinds of problems, including runaway prosecutors in Robert Mueller's office, and the same cast of characters, from Jim Comey to Andy McCabe to Peter Strzok, which suggests that a major housecleaning is still in order.

CAVUTO: You know, Robert, you said that Democrats are not going to like this.

Apropos, we're getting comments now from House Judiciary Committee Chairman Jerrold Nadler, who put out a statement -- quoting here -- "The decision to drop the charges against General Flynn is outrageous, the evidence against General Flynn overwhelming. He pleaded guilty to lying to investigators. And now a politicized and thoroughly corrupt Department of Justice is going to let the president's crony simply walk away."

Your thoughts?

RAY: Well, my thought is very simple.

The agents were in possession of a transcript of a conversation between Michael Flynn and the -- the Russian on envoy to the United States , Kislyak. They already knew the answers to the questions that they were asking him. And they were there, by their own acknowledgement, as reflected in their own notes, to set this guy up and ask him questions to get him to lie in order to try to fire him for political reasons.

Since when does the FBI and the Justice Department act on -- using the levers of prosecutorial power to act on a political basis to remove someone that they, for political reasons, want to have exit the administration?

This -- the president is right. This was an orchestrated hit job begun by the Obama administration, and continuing on over into the beginning of the Trump administration that was the deep state trying to undermine a presidency.

I -- in the current moment, Neil, in the midst of a national and international health crisis, I suppose it's difficult to mount sufficient outrage at what happened here. But this is outrageous. And in any other time, we would be screaming bloody murder, and should be on a bipartisan basis, about treating a United States citizen like this, much less the national security adviser and a four-star general.

So, I just -- I really -- maybe not a four-star general -- three-star general. I really can't believe that politics is the order of the day still even with regard to this prosecution. The Justice Department did the right thing.

CAVUTO: Robert Ray, thank you very, very much.

Per Robert was saying, and a point I want to bring up with Judge Andrew Napolitano right now, who joins us up.

Judge, not surprisingly, reading more from Jerry Nadler's statement here, he wants to reschedule a hearing as soon as possible on this matter -- quoting -- "I will also ask the inspector general for the Department of Justice to investigate the matter. The integrity of our criminal justice system is at stake, and the American people deserve answers."

What do you think?

ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: Well, the American people got a profound answer today, which was so articulately and passionately described by my fellow New Jersey lawyer Robert Ray so nicely for you, which is that the Justice Department admitted -- and I have never seen an admission of government wrongdoing like this in my entire legal and judicial career, Neil -- that it commenced an investigation of a high- ranking former military official and national security adviser to the president on absolutely no basis whatsoever.

So, the standard to commence a criminal investigation, whether it's for jaywalking or treason, is articulable suspicion. You must be able to state what it is you are looking for and why you're looking for it from this person.

There was no articulable suspicion to commence an investigation of General Flynn. And the DOJ, in the pleadings that it filed this afternoon with Judge Sullivan, in which it asked him to dismiss the indictment against the general, acknowledged as much.

Under the law, the indictment isn't dismissed until the judge says so. But, as a practical matter, the judge is not going to force the DOJ to prosecute a case which it admits had no basis in law to commence in the first place.

So, the general is home-free.

CAVUTO: So, what if Joe Biden were elected president? Could he reinitiate, or Democrats, could they lead a charge to reinitiate investigations, or do this all over again?

NAPOLITANO: Not against General Flynn.

They can investigate all they want. But the double jeopardy clause would prevent General Flynn from being prosecuted a second time for the same offense. That's why I said he's home-free.

I mean, I cannot underscore enough what Robert Ray just said. For many years, the FBI has been doing the wrong thing for the wrong reason. This is the rare time that they got caught and that their bosses and the Justice Department acknowledged it.

I mean, if you read this document that was filed today, you will see that even people in the Obama Justice Department were kept in the dark by the FBI.

CAVUTO: All right, General -- General.

Judge, we will have more after this.

NAPOLITANO: I will take it.

(COMMERCIAL BREAK)  CAVUTO: All right, three more states in this country continue the reopening process, in Michigan, where construction and some real estate operations were allowed to partially open, in Hawaii, where some shopping malls, albeit with people wearing masks and those serving them wearing masks, reopening, and, in Montana, schools resuming in-class teaching, again, at local districts' discretion.

Indiana also extended some reopening provisions. That makes about half the states in this country now that, in some way, shape or form have loosened sheltering restrictions, or, if they didn't have outright sheltering restrictions, some restrictions that are now slowly unwinding.

The read on all of this and how safe it is with Dr. Christopher Ohl, the Wake Forest Baptist health professor, infectious diseases specialist, much, much more.

Doctor, thank you very much.

What do you think of the pace of openings? Because in about half these states, Doctor, there's still stubbornly high cases. They don't meet CDC guidelines, where the number of cases have been declining over the last 14 days, for example.

Do you -- are you worried? You think it's going to work out? What?  DR. CHRISTOPHER OHL, WAKE FOREST HEALTH INFECTIOUS DISEASE SPECIALIST: Well, yes, I'm a little bit worried.

Neil, the devil is in the details here, in that not every state is doing this uniformly. And some states are doing more of a relaxation approach, where others are doing a total release.

And, certainly, when you look around that at what shelter in place has done, and there's some areas that you say, well, you know, it would be safe if we did it -- if we did it in the right way. We could relax some and open up a little bit.

But it's kind of like we're coming off a peak from our epidemic.


OHL: And when you're skiing down a hill, you want to do it in a controlled way, and have a gradual approach, sort of put your toe in the water, see how it feels, and then, if things go well, relax a little bit more.

So I'm a little worried that some states are a little -- a little bit -- being a little aggressive.

CAVUTO: Maybe, Doctor, maybe you could help me with this.

But it certainly was some concern to Governor Andrew Cuomo in New York that the -- there are still stubbornly high cases and deaths around the New York metropolitan area, not too surprising, I guess. But what's rather alarming about the numbers there, a little more than 60 percent of those cases and deaths have been coming via people who are doing all the rest things.

They're sheltering in place. They're doing everything that the local officials, national officials have been advising. Yet they're still -- they're still getting sick and they're still dying.

What do you make of it?

OHL: Yes.

Well, somewhere in these cases, there's an exposure. And that's the tough part here, because you -- the strategy is taking a whole nation off of quarantine, so to speak, or a whole state, and then moving into identification, testing and then contact investigation, with aggressive isolation and quarantine.

It's not an easy thing to do. And so, if you look at all those cases that occurred, somewhere, there was an exposure. And, somewhere, the virus got through.

And when you do these cluster analyses, you can kind of sort it out. So, that's -- I think what we're seeing here in North Carolina, for instance, is that we have a background level of viral activity in our communities, but we're having cluster outbreaks, a nursing home, a meatpacking plant there, possibly another business that's been open.

CAVUTO: Right.

OHL: And so it's like playing Whac-A-Mole a little bit, when you find these clusters, and you really have to quickly identify, isolate and quarantine.

What we're doing with this opening is, we're sort of shifting the responsibility for containment and mitigation and stamping down the curve again from -- a bit from government and officials to the -- to the individual.

And so, as we relax, I mean, individuals have to be aware that this isn't just going back to the way it was. And personal distancing is still important. Wearing the mask in public places, particularly indoors, is important.

And there's going to be certain things that may be just too unsafe to reopen up again, until we can get a vaccine and get out of this.

So, if the citizenry and everyone kind of does their part, and I think -- I think it's possible for us to do -- to do a relaxation without a big surge. But it's going to be a little bit touch and go for a while.

CAVUTO: Dr. Ohl, thank you very, very much. And thank you for your hard work on behalf the American people and helping us get a good handle on this.

OHL: Thank you. Great to be with you.

CAVUTO: We do appreciate it, Dr. Christopher Ohl.

All right, I do want to end here, because we did something kind of historic today. In the middle of all this -- remember the freefall of the markets -- the Nasdaq is now in positive territory. It's true, and that despite news today that another 3.2 million Americans applied for jobless benefits.

That makes 33.5 million over the course of seven weeks. But the markets are seeing past that. And with these reopenings. the Dow advanced today. It has made up more than 6,000 points from its lows.

We should also point out that the granddaddy of all economic numbers comes out tomorrow morning, the employment report for the month of April. We're expecting something in the vicinity of 16 percent unemployment, maybe 21.5 million lost jobs.

That's bright and early tomorrow morning. I will see you then.

FOX News continues now.

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