Ingraham: Refusing to accept the agony of defeat

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Ingraham: Refusing to accept the agony of defeat

This is a rush transcript from "The Ingraham Angle," November 8, 2018. This copy may not be in its final form and may be updated.

LAURA INGRAHAM, FOX NEWS HOST: I am Laura Ingraham, and this is "The Ingraham Angle" from Washington tonight. If you thought the midterm drama was over, well, you are in wrong. Shades of 2000 in Florida tonight as the state is mired once again in a recount drama. 

Governor Rick Scott just filed a lawsuit in the last few hours against Broward Palm Beach County, where votes are seemingly appearing out of nowhere, trunks of cars, you know, the bottom of your garbage disposal -- kind of an exaggeration, but not all that much, not all that far off. And Trump just responded and will speak to the attorneys on the ground in just moments. 

Plus, Bernie Sanders is saying that Andrew Gillum and Stacey Abrams struggled to win votes because white voters were scared of them. Horace Cooper is here a little bit later on to respond. And why does President Trump's new acting attorney general Matt Whitaker bother so many of the resistance folks? We are going to examine it. 

And we also speak to a good friend of hero, Sergeant Ron Helus, tragically one of the 12 senselessly killed in the Thousand Oaks shooting today in California, the last night in California this morning. But first, refusing to accept the agony of defeat, that is the focus of tonight's ANGLE. 

(BEGIN VIDEO CLIPS) 

UNIDENTIFIED MALE: Republican Brian Kemp has declared victory, says he will begin his transition to the governor's office today, but don't forget, his opponent, Stacey Abrams, she is not conceding yet. 

UNIDENTIFIED FEMALE: DeSantis has declared victory, Gillum has conceded, but he has tweeted saying that he wants every vote to count. 

UNIDENTIFIED MALE: Bill Nelson has brought in a high-powered Democratic lawyer from Washington, D.C., to oversee this recount. 

(END VIDEO CLIPS) 

INGRAHAM: Well, in close or particularly contentious races, Democrats more so than Republicans seem to have a problem conceding defeat. Now, it can't be that the other guy won fair and square. It has to be that either the election system broke down or some mystery votes are hiding somewhere or the entire process must be tainted. Well then there is the other way to explain a tough loss, well, the voters must be racist. 

(BEGIN VIDEO CLIP) 

UNIDENTIFIED MALE: Donald Trump's instincts were validated in big sections of the country. The incitement strategy, the racial demagoguery, it worked. 

UNIDENTIFIED MALE: Trump's Republican Party is getting increasingly older, increasingly wither, increasingly rural. 

UNIDENTIFIED MALE: The other thing that could be happening in Florida is the Bradley effect, I mean, which once affected -- lowered the Election Day vote totals of black candidates. Former L.A. mayor Tom Bradley who kept running for governor and the polls would show that he would win and somehow on Election Day, he would lose. 

(BEGIN VIDEO CLIP) 

INGRAHAM: So mired in race. Even after Democrats flip to the House and many minority candidates won from coast-to-coast, once the result in the Florida's governor's race and in Georgia rolled in, Adam Serwer of "The Atlantic" published this piece. It was titled "America's Problem Isn't Tribalism -- It's Racism." 

And writing, "If Republicans ran on their policy agenda alone, they would be at a disadvantage. So they have turned to a destructive politics of white identity, one that seeks the path of power by deliberately dividing the country along racial and sectarian lines. They portray the nation as the birthright of white, heterosexual Christians." 

Yes, Adam, that is what those policies that led to record unemployment for African-Americans and Latinos are all about, stoking racial and sectarian ethnic fears. It's absurd. The most despicable use of race in the midterms came from the Trump haters and some Democrats. 

(BEGIN VIDEO CLIPS) 

ANDREW GILLUM, FLORIDA GUBERNATORIAL DEMOCRATIC CANDIDATE: Now, I'm not calling Mr. DeSantis a racist. I'm simply saying the racists believe he is a racist. 

UNIDENTIFIED FEMALE: Sign me up in the category of the people who think he is racist. He has said so many racist things. He has done so many racist things. He is a racist pig! 

UNIDENTIFIED MALE: Making overtly bigoted, racist statements, attacking brown people, attacking black people. 

(END VIDEO CLIPS) 

INGRAHAM: When bizarre and suspicious racist robo-calls were reported in Florida, remember Republicans, including DeSantis and Rick Scott, immediately and vociferously denounce them, as they should. Back in 2016, the media tried to paint Trump as the one -- remember, he wasn't going to be accepting any of the results of the election. 

(END VIDEO CLIP) 

CHRIS WALLACE, FOX NEWS HOST: Are you saying you are not prepared now to commit to that principle? 

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: What I'm saying is that I will tell you at the time, I will keep you in suspense. 

(END VIDEO CLIP) 

INGRAHAM: Well, Hillary responded to that like this. 

(BEGIN VIDEO CLIP) 

HILLARY CLINTON, FORMER DEMOCRATIC PRESIDENTIAL CANDIDATE: That is horrifying. You know, every time Donald thinks things are not going in his direction, he claims whatever it is it is rigged against him. That is not the way our democracy works. He is denigrating, he is talking down our democracy. 

(END VIDEO CLIP) 

INGRAHAM: Talking down our democracy. Well, the media echoed Hillary, outraged that Trump would ever challenge the legitimacy of an election won fair and square. But all of their full moral outrage was exposed when Trump actually won in 2016. Suddenly our sacrosanct representative democracy -- it wasn't so sacrosanct after all. 

(BEGIN VIDEO CLIP) 

UNIDENTIFIED FEMALE: Mr. President, I rise today to discuss legislation I introduced to eliminate the Electoral College and ensure that the candidate who wins the most votes will be elected president. 

(END VIDEO CLIP) 

INGRAHAM: Yes, the heck with the way the framers set it up, let's just dispense with it since we lost. Now, Republicans, even the president, of course they have their own hang-ups about legitimacy. Obama's birth certificate, which Trump himself focused on. But almost two years into the Trump a administration, many of the diehards -- after all, they are called the resistance -- still do not accept the results. 

(BEGIN VIDEO CLIP) 

REP. JOHN LEWIS, D—GA.: I believe in trying to work with people -- it is going to be hard, it is going to be very difficult. I don't see this president-elect as a legitimate president. 

UNIDENTIFIED FEMALE: My personal view is that it was not a legitimate election. 

UNIDENTIFIED FEMALE: He's your president. 

UNIDENTIFIED MALE: He is our president Angela. He is the president of the United -- 

UNIDENTIFIED FEMALE: No, not mine. Not mine. I'll never -- 

CLINTON: I think there are a lot of questions about his legitimacy, and we don't have a method for contesting that in our system. 

(END VIDEO CLIP) 

INGRAHAM: No wonder people are losing faith in our Democratic system. Listen to those people. Now, according to an Axios survey, just 51 percent of Americans said they have faith in the country's democracy. A whopping 37 percent, more than a third, say they have lost faith in it. 

My friends, this is really distressing for America's future. If the people decide the system is rotten, they are really saying the country is rotten. And soon they are going to be saying it isn't worth protecting anymore at all. But let's hope that we can turn this dynamic around, there is so much craziness out there. 

And this means that both parties need to do better at focusing on issues, the issues the American people care about, instead of just a perpetual grievance, politics, it is getting old. Look, some recounts are mandated, and they are in Florida, and if the margins are close enough, Republicans and Democrats, they should both ensure that any recount is done fairly, no creating ballots where none existed. 

Now, I got say, it was hardly reassuring to learn today that in Florida's most populous county, Broward, the elections chief there is a Democrat named Brenda Snipes. Well, Brenda was found guilty of violating state and federal law for destroying ballots in the 2016 congressional race when those ballots where, at the time, subject to a lawsuit. 

And breaking in the last couple of hours, we had a lawsuit filed by Governor Rick Scott against Broward and Palm Beach County. Rightfully, he is going on the offensive against this entire shoddy practice. Republican lawyers, you better make sure that Democrats do not start torching absentee ballots in dumpsters in Boca, or finding other ballots other places. 

Let's all just remember that while losing is never fun, and we remember our losses, believe me. We remember '92, we remember '96, we remember 2006 during the Bush midterms, 2008, 2012, it is never fun. But I will tell you, losing our Democratic process would be catastrophic. And that is "The Angle." 

Joining us now, three men who know this Florida issue better than pretty much most everyone in the country. Barry Richard is currently Andrew Gillum's attorney. He also represented George W. Bush in the 2000 Florida recount. Miguel De Grandy was also part of that Bush legal team, and Joseph Klock was attorney for Secretary of State Katherine Harris during that very same recount representing her against all of these legal challenges. 

Joseph, I want to start with you tonight. Do you think it is wise for Governor Scott to move on the offensive, as I do, against Broward and Palm Beach counties, or is that premature? 

JOSEPH KLOCK, ATTIORNEY: No, I don't think it is premature. You've got be -- you have to sort of stay ahead of the flow of what is going on. I think all of the -- I was not aware of the lawsuit until I drove over here tonight, but obviously what he wants to do is just to make sure that there is judicial supervision of what is going on, things don't happen that ought not happen. 

INGRAHAM: Barry, I want to go to you. You are representing Andrew Gillum. He did concede the other night, but as you said earlier tonight, I heard you, you said well, that is not a contract. He thought the moment warranted a concession. But -- and your client and you say you are watching things very closely with the vote count. Last I checked, I think it was about 40,000 or so votes separating Gillum, of course, and Ron DeSantis. What are you looking at tonight? 

BARRY RICHARD, ANDREW GILLUM'S ATTORNEY: There is a vast difference between 2000 and now. In 2000, our recounts were precipitated by the candidates who had to request them and got to select which counties they were in. The legislature as a result of 2000 has significantly changed Florida statutes. 

So, the candidates really have nothing to do with it now. If the margin between the candidates is less than one half a percent, it's an automatic so-called machine recount, where the ballots are sent through the machines again. If it is less than a quarter of a percent, then there is an automatic statewide manual recount. 

As far as Mr. Gillum is concerned, he is just waiting for the system to play itself out. This is part of the electoral process, it is part of the vote counting, and he will accept the results. 

INGRAHAM: Miguel, I want to go to you. I think a lot of people watching across the country find it very odd this whole process of the vote count extending so many days. Explain to the viewers why that is, with provisional ballots, what those are, and moving into absentee, military count, which I understand in Florida have not been counted yet. 

MIGEUL DE GRANDY, BUSH LEGAL TEAM in 2000 RECOUNT: Provisional and absentee -- and military absentees are one issue, but what we can't understand is why is it that mail-in ballots and early votes are still being counted and have not yet been properly recorded? According to our laws, those votes are supposed to be uploaded the day before election so that they can be reported half an hour after the votes close the next day. 

So we are at loss to understand what is happening in Palm Beach and Broward. And it is the same two counties that can't seem to get it right out of our 67 counties in the state of Florida. 

INGRAHAM: Well, what about the concern -- I want to go back to you, Joseph, about Brenda Snipes in Broward and the concern that Marco Rubio -- he was on another network -- no, he was on our network, earlier tonight, and he just was basically laying waste to what happens in Broward County. 

The president tweeted out about this also tonight, which we will put up on the screen -- we put it up on the screen and then I will go back to you, Joseph. This is what the president said tonight. He said, "Law enforcement is looking into another big corruption scandal having to do with election fraud in Broward and Palm Beach, Florida. Florida voted for Rick Scott." Your comment tonight, Joseph. 

KLOCK: Well, as Barry said, our legislature thought that they addressed some of the problems to avoid this kind of thing from happening. It is really kind of embarrassing to the state that we have to have this kind of thing go on. And as, you know, my county, my home county is Miami, Dade, we don't have this kind of thing happening here. 

And if, you know, because Ms. Snipes apparently has this cloud hanging over her head, and then if there indeed ballots that are now showing up, they shouldn't be. I mean, the only ballots we should be waiting for at this point in time are the military ballots which I understand have until November 16th. 

So, I think, you know, we need to make sure that we take whatever steps are necessary with the judiciary to protect the integrity of the system so that we don't have these problems. And I think Barry will agree that one of the reasons we still have this is we don't have statewide controls over balloting. It is done on a county by county basis, and that is why you can have these outliers. 

INGRAHAM: Got it. OK, so Barry, you know, I didn't practice election law, but I remember being down in Miami, Dade during the recount. I think I remember seeing you guys down there at the time, but this is what Rick Scott said, this was just a short while ago, referring to Marc Elias in Tallahassee. Let's watch. 

(BEGIN VIDEO CLIP) 

RICK SCOTT, R, FLORIDA SENATE CANDIDATE: I will not sit idly by while unethical liberals try to steal this election from the great people of Florida. Senator Nelson hired one of Hillary Clinton's lawyers from D.C., and the first thing he did was tell reporters he is here to win the election. Now, he is here to try to steal the election and to try to thwart the will of the voters of Florida. 

(END VIDEO CLIP) 

INGRAHAM: Barry, your reaction -- tough words from Rick Scott tonight. He is certainly not going to sit back in what he believes is going to be an election stolen for him at the hands of Miss Snipes. 

RICHARD: Well, I have no reaction in the first place. I am not involved in that race. And in the second place, it is not my purpose to become involved in the political debate, I am just the lawyer representing a client legally and those things are beyond my sphere of representation. 

INGRAHAM: Oh, the old Brendan Sullivan thing, I'm not talking about it, I respect that. Good for you, Barry. 

RICHARD: No, no, no, that is not what I do. I'm a lawyer, I'm representing a client. 

INGRAHAM: I got it. I go it. 

RICHARD: I represent Republicans and Democrats. 

INGRAHAM: I didn't say otherwise. I appreciate it. Miguel, I want go to you on this because obviously, we want to protect the integrity of the vote. I agree with Stacey Abrams and everyone else who said every vote should count. If you voted and you're eligible to vote, your vote should count. 

I think what -- people watch this, and they are like, how is this in the United States of America that this kind of stuff seems to drag on. People are talking about this dragging on another few weeks in Florida. And I think that's what kind of eats away at people, both Democrats, Republicans, people on the, you know, in the middle. 

DE GRANDY: Laura, I can't agree more. I lost my first election to the Florida House of Representatives by one vote in 1998, so I am very keen on the fact that every vote needs to be counted and our election needs to be tabulated fairly. 

What concerns us at this point is the irregularities that are occurring, when we can't view the ballots being, for example, the ballots that are damaged, being duplicated, which is required by law, in the presence of witnesses. And we are denied access to that process where we start hearing that in Palm Beach County, there are situations where they are actually taking steps that are outside of the public domain. 

That they are divining voter intent when that is the exclusive providence of the canvassing board, and putting those as recorded votes instead of bringing them to the canvassing board for their determination of public process. We should all be very concerned. 

INGRAHAM: Yes. They have to be verified by the proper channels, not just a divine -- intention divine. And By the way, Gillum's campaign said -- put out a tweet, "The Gillum campaign is looking for volunteers to help cure leftover ballots." What does that mean, Barry, since you will talk about your client? We're almost out of time. I get it guys. So cure leftover ballots, what does that mean, Barry? 

RICHARD: To cure leftover ballots? 

INGRAHAM: Yes, that is what your campaign sent out, what does that mean? 

RICHARD: I don't know what it means. I'm not suggesting -- 

INGRAHAM: You represent them but you don't know what that means. OK. All right. 

RICHARD: I don't know what it means because I don't know what that reference was to. It is not something I am involved in. I'm not trying to be difficult for you, but when I was asked to come on the show, it was to address the differences between the 2000 campaign -- 

INGRAHAM: We got it. That is the point you made earlier. 

RICHARD: -- we vote and this one and you are asking me questions that are beyond my core of knowledge. 

INGRAHAM: I didn't know. I'm sorry, I didn't know you were so sensitive about so you can't talk about what the campaign -- 

RICHARD: I'm not sensitive but I'm not -- listen, I'm not a political spokesman. I'm a lawyer who represents clients. If you want to ask me about that, I'm happy to respond. 

INGRAHAM: I understand. I understand. Well, this is your client, I imagine, talking about curing ballots. 

RICHARD: Well, you asked me what -- you asked me what a statement meant when he said "cure ballots," that is not a legal term. I didn't write the statement and I don't know what it means. 

INGRAHAM: OK, all right. This is not advancing the conversation. All right, we appreciate it. Gentlemen, thank you very much for joining us. And next, after already sending liberal opponents into a tizzy, we will tell you what Acting Attorney General Matt Whitaker just dropped that has left even the most unhinged more unhinged. Stay there. 

(COMMERCIAL BREAK) 

(BEGIN VIDEO CLIP) 

UNIDENTIFIED FEMALE: Are we approaching a constitutional crisis? 

SEN. JOE MANCHIN, D—W. VA.: I think we're on the verge of that. I think it is a big mistake to let Jeff Sessions go. What raises my concerns is the person who has been so vocal against the investigation that was going on, now putting in charge a day after the election. I think that sheds bad light on it. 

(END VIDEO CLIP) 

INGRAHAM: Now, Joe Manchin is obviously feeling pretty comfortable since his re-election, but his contention is shared though among the left and media chattering class, mainly that Jeff Sessions, his forced resignation as attorney general and Matt Whitaker's ascension to this acting role in the post, poses a grave constitutional threat to the country and imperils Mueller's investigation. 

Here to separate fact from fiction, former DOJ prosecutor James Trusty and former U.S. assistant attorney David Katz. James, I want to start with you. There are some suggestions that even when conservative legal minds, Kellyanne Conway's husband, George, that this was an illegal appointment in the acting capacity of Mr. Whitaker. 

JAMES TRUSTY, FORMER DOJ PROSECUTOR: Well, I mean, this is all new territory so we can't pretend that anybody has got like some vivid example to make their case. But there are scholars and there are may be more politically oriented scholars getting out there and saying that the fact that this is a non-Senate confirmed person renders him ineligible. 

I think there is still a whole bunch of the corollary issues when it comes to the Mueller probe and Rod Rosenstein, but there are at least some people reporting that they think this violates the constitution. It's an invalid pick. 

INGRAHAM: David, this is what Conway and Neal Katyal write in today's "New York Times." "Mr. Trump's installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Sessions is unconstitutional. It's illegal. And it mean that anything Mr. Whitaker does or tries to do in that position is invalid. 

Constitutionally, Whitaker is a nobody. His job as Mr. Sessions' chief of staff didn't require Senate confirmation, as James just said. For the president to install Whitaker as our chief law enforcement officer is to betray the entire structure of our charter document." David? 

DAVID KATZ, FORMER U.S. ATTORNEY: Well, Laura, it is great to be on with you again. And the person that I would quote on this is Justice Thomas. Justice Thomas wrote a very incisive decision where he said that framers of the constitution recognized that there is great risk of corruption and abuse if one person could name all of the top officers in government. 

In this situation, that refers to President Trump. Of course, what Justice Thomas was referring to was that the framers had great experience with kings and other people, who at the time didn't have any check on their power. So, I am with Justice Thomas on this one. I'm worried about this issue. I think everyone should be worried about this issue of the president appointing a principal officer. 

Now, he could appoint Whitaker and nominate him, and the Senate, which is Republican, including in the lame duck session, there are 51 Republican senators -- they just approved Kavanaugh -- let him appoint -- let him nominate this man, Whitaker, and let him have a Senate confirmation hearing if he thinks he is really the person for the job, but not in this manner. In this manner, Laura, he's got to put Rosenstein in there, or he's got to put the solicitor general in there. 

INGRAHAM: All right, so first of all, nice try on Justice Thomas, but you are making a massive leap from that case and a general statement about the government to a specific case involving a specific acting attorney general. We don't have time to debate that. That was cute, though. 

James, let's talk about what is really going on here. Adam Schiff also -- look, for them it is Mueller, Mueller, Mueller. You notice we did not talk about Mueller at all during the midterms, but now the midterms are over, so it's back to Russia, Russia, Russia. And so this is what they are worried about. They are worried about Whitaker who said things on CNN before that seemed to be more hostile toward the idea of Mueller. So this is what Adam Schiff said today, let's watch. 

(BEGIN VIDEO CLIP) 

REP. ADAM SCHIFF, D—CALIF.: If he doesn't recuse himself, that any decision he makes in the Mueller investigation is going to have a taint about it. Did he, was he forced somehow to make a commitment to the president to ignore the advice of (inaudible) at the Justice Department, or not to seek out their advice? 

Was that part of his getting the job? Because this president is guided by one thing alone, and that is what is good for Donald Trump, the country doesn't matter that much. 

(END VIDEO CLIP) 

INGRAHAM: Again, ignore the pejorative -- that is just typical Adam Schiff, but he is making the Conway point about, OK, anything he does is thus invalid. Today they announced the new rules or what they want to be the new rules on the migrants coming in, specifically a change to asylum law. 

Now, Jeff Sessions was all on board on all of this, by the way, but that you would have to present yourself at a port of entry, not just, you know, coming across the border and then saying I want asylum. Is that what they are setting up here so anything Whitaker is a part of, no, no, no. No can do? And does that survive legal challenge? 

TRUSTY: Well, I mean, again, unchartered territory. But they are certainly setting up a situation where they are inviting litigation at every step of the way. And for the Mueller probe I would just say-, really the key is still Rosenstein. 

Rosenstein is a Senate confirmed superior officer. If he has any voice on the supervision then there is really no issue there in terms of the appointments clause. But if they clean house, if Rosenstein leaves, then you really have a pretty viable issue about whether Mueller loses inferior officer status and becomes somebody subject to all sorts of motions to dismiss or motions to quash subpoenas. 

So, it is inviting a litigation, but nobody can act like this is essentially, you know, the capital is on fire and that we're about to lose our democracy. 

INGRAHAM: Yes, the whole democracy. 

Hey David, real quick, a friend of mine mentioned to me today, it would have been a kind of a NATO move by Trump to name Rod Rosenstein as acting attorney general. He's already overseeing the Mueller investigation, big deal. They seem to be talking about getting along. Could have done that, right? 

KATZ: Laura, he'd be the logical choice. There is no question he was presidentially nominated and he was approved by the Senate. Likewise, the solicitor general seems like a good candidate and would be a proper person. 

But I think -- I think that they should litigate this issue, and I think that they will. And I do think that Justice Thomas would be with the people who would say, in accordance with the National Labor Relations Board case, which is a recent decision, that President Trump cannot do this. And I think that he should pull back and maybe put Rosenstein in there. He would be a good choice. Why not if they are getting along? 

INGRAHAM: All right, thanks, guys, appreciate it. 

And up next, breaking new developments in the mass shooting in California. And inside a bar filled with college students for country night, a dozen dead, including a sheriff's deputy. Tonight he's being called a hero. And one of his former friends and former coworkers joins me next. 

(COMMERCIAL BREAK) 

UNIDENTIFIED FEMALE: Our friends got the barstools and they started slamming them against the windows so we could get out. So we were able to get out come out, he broke the window. 

(END VIDEO CLIP) 

INGRAHAM: Tonight, police are still trying to determine the motive of that gunman that opened fired inside a California bar, killing a dozen people, including a sheriff's deputy. The terrifying ordeal caught on camera. Sergeant Ron Helus was one of the first officers to enter the Borderline Bar and Grill and was killed trying to stop the shooter. He is being hailed as a hero for saving lives last night. 

(BEGIN VIDEO CLIP) 

GEOFF DEAN, VENTURA COUNTY, CA, SHERIFF: Sergeant Helus was on the force for 29 years, was looking to retire in the next year or so. He died a hero because he went in to save lives, to save other people. 

(END VIDEO CLIP) 

INGRAHAM: Joining me now is a man who knows Sergeant Helus well, Deputy Chad Anderson of the Ventura County Sheriffs Department who worked with Officer Helus. The sheriff's department is grieving tonight, and we are so -- I feel like we do this way too often, but we are so sorry for your loss. What an amazing man, and you are such a good friend of Officer Helus. Tell us about him as a person tonight. 

DEPUTY CHAD ANDERSON, VENTURA COUNTY SHERIFF'S DEPARTMENT: Well, he was a great man. I worked with him when I first graduated the police academy, and he was a great sergeant, he was always there for us, they are to lead us and to guide us. And he was a great man. 

INGRAHAM: How is his family doing tonight? I know the heartache will never go away, really. But any word on his family? 

ANDERSON: No. They are still dealing with it. It's as tough as you can imagine it is. 

INGRAHAM: Tell us what you know about what happened in this bar. A former marine combat officer, or enlistee, I guess, goes in there, really fun college night, great hangout for some of the Pepperdine students and others, and just turned into a bloodbath. What do we know? 

ANDERSON: Yes. We know that, so we received phone calls, the 911 dispatch center received phone calls at about 11:19 last night. Sergeant Helus responded. When he got to the Borderline, there were two CHP officers rendering aid to one of the victims. And as they were rendering aid, they heard Sergeant Helus -- heard shots fires. So he grabbed one of the CHP officers, and they entered the borderline. And when they entered, Sergeant Helus was struck multiple times. The CHP officer grabbed a Sergeant Helus and pulled him out to a safer location. And later he was transported to the Los Robles Medical Center, and there he succumbed to his injuries. 

INGRAHAM: Another act of senseless -- 

ANDERSON: A really tough time for all of us here. 

INGRAHAM: Senseless violence. A man reportedly dealing with some obviously PTSD, mental issues, had some fairly minor brushes with the law. But anything else on your radar about the gunman, who killed himself, tonight, anything more that we know? 

ANDERSON: We responded in April of this year. That was the only other contact we had with this suspect. We responded to his house for a family disturbance, and the deputies contacted the crisis intervention team. They responded, evaluated the suspect, and didn't deem that he was a danger to himself or others, and he was released from the scene. And that's the only other contact we had with him. 

INGRAHAM: Do you know if he had gun permits, he was clearing a Glock 45, I guess. Did he have a permit for that? 

ANDERSON: I'm not aware if he had a permanent or not. 

INGRAHAM: OK, deputy, thank you so much. 

ANDERSON: The investigation -- 

INGRAHAM: The investigation is ongoing, I know, we will learn a lot more in the future. 

ANDERSON: The investigation is still going, yes. 

INGRAHAM: Deputy, thank you so much. We grieve with all of you, and we will continue to pray for you, your whole community, all of the survivors, the victims, our hearts break for you. Thank you so much for being here. 

ANDERSON: OK, thank you. 

INGRAHAM: And Mark Fuhrman, former L.A. homicide detective, FOX News contributor. Mark, another soft target tragically exploited last night, gun fire, 12 dead. What is the first step to, maybe, can we better protect places like this going forward, or this is just what we are going to have to deal with? 

MARK FUHRMAN, RETIRED LAPD DETECTIVE: Laura, unfortunately a soft target where the suspect is actually one of the regular customers makes it almost impossible. He is known to security. Security is not armed. Security was taken out immediately by the suspect, and then he went inside and took out more security so he could actually do what he wanted inside the bar. It's pretty tough to create a hard target out of a restaurant or a bar where people can walk in and out, even with security. 

I kind of wonder his motive. This is where a lot of survivors from the Las Vegas shooting actually congregated and actually were celebrating life, and I'm sure it was well known who they wear. They there that night of the shooting. And I kind of wonder if this was not possibly something to do with the motive for the suspect. 

INGRAHAM: Yes, and this being reported on now, just we are learning the beginning information about some of the victims, one who in particular who survived, obviously Las Vegas, succumbed to injuries last night. Mark, when I hear about the sergeant, he was the first one to go in with another police officer, and he went in there, because that is what you do when you hear gunshots, went in immediately, and was almost immediately, apparently, hit multiple times. When he go into a situation like that, you hear gunfire, you walk in -- just tell us what you are trained to do and why you are trained to do it. 

FUHRMAN: Certainly you don't want to walk in to -- directly into fire. You want to somewhat flank any entry, if you can. But we can just only imagine, a bar usually has a rear exit through the kitchen or the back of the restaurant or the back of the bar, and they have a front entrance. That is where the direction of the fire was coming from. 

And unfortunately, because of all of the school shootings, the only tactic that you can actually use if you are a first responder is you have to go to the shooting to try to stop the mass murder. If you just wait and set up a perimeter and wait for SWAT, the suspect is just continually killing people. And this is where the tactic comes up. 

So the sergeant and the CHP officer had to go to the only location where they could gain entry, and I'm sure they tactically tried to enter. But once they did, he was fatally shot. That creates a tactical nightmare when you have only one way in and you have to go in. When you talk about bravery, knowing that you are going in to a hot scene with an active shooter, and there's only one place that you can go in and only one place the suspect has to focus on, that concentrates of the fire in one location where you are going in. 

INGRAHAM: You just walk right into it, which it sounds like he did. What an incredible man and a horrific story. Mark Fuhrman, you always give us such great perspective. Thank you so much tonight. 

And President Trump called them out by name yesterday, and tonight, the establishment is fighting back. Sean Spicer, Cory Lewandowski are here with a message for a few of the sore losers. Don't go away. 

(COMMERCIAL BREAK) 

(BEGIN VIDEO CLIP) 

TRUMP: Carlos Curbelo, Mike Coffman -- too bad, Mike. Mia Love, Mia Love gave me no love. 

(END VIDEO CLIP) 

(LAUGHTER) 

INGRAHAM: I'm sorry. That was from President Trump. It didn't sit well with him and they didn't really support him. And it didn't sit well with a few of the outgoing House members. Here is Pennsylvania congressman Ryan Costello. 

(BEGIN VIDEO CLIP) 

REP. RYAN COSTELLO, R—PENN.: Those folks gave their all in a very tough political environment that was created because of the president. Not only did he not acknowledge that, but he somehow falsely suggested that if they would have attached themselves closer to him, that they would have done better when I would make the argument they would have done worse. 

(END VIDEO CLIP) 

INGRAHAM: What a shame that he is retiring from Pennsylvania sixth with that personality. So what did two of the president's former staffers think of all of this? Let's ask them. Joining me now, former White House press secretary Sean Spicer, former Trump campaign manager, co-author of "Trump's Enemies," Corey Lewandowski. Corey, I watched this Ryan Costello on CNN today, and I just started howling. The guy jumped out of the sandbox because it was too difficult to play, he retired after two whopping terms, and then he's like, oh, the president is being mean, and he is the one who dragged the whole party down. If it wasn't for President Trump, we would be dealing with Hillary in the midterms. 

COREY LEWANDOWSKI, FORMER TRUMP CAMPAIGN MANAGER: You are exactly right, and people have a very short memory because Donald Trump carried so many across the finish line just two years ago. I can think of at least four members of the U.S. Senate and dozens of members of Congress who wouldn't have been reelected if Donald Trump wasn't on the ticket. 

And look at the races where the candidates embraced Donald Trump in Missouri, in North Dakota, in South Dakota, in both of the major races in Florida, in so many other places, in Kentucky sixth district with Andy Barr. When they brought Donald Trump in, when they said come in and help us, Mr. President, Mr. Vice President, come and help us, we want to run with you, those people are coming back to Washington because they embraced the Trump-Pence agenda. And those that didn't, they are going home. 

INGRAHAM: Sean, there are some tougher districts. Curbelo's district, south Florida, he said -- this is a tweet he sent out. He said, "So yesterday, Donald Trump stated that had I been more aligned with him, I may have one back. Let's check, I lost Florida 26th, 49-51. My colleague, DeSantis, who is closely aligned with the president, lost 46-53." I don't know what he is talking about, lost 46-53. But I guess he is saying it is a small difference. It is not a big difference. So the idea that Trump somehow -- his distance from Trump and some issues caused the loss, I mean, he is representing a fairly purplish district. 

SEAN SPICER: That is right. But I think this election, in particular, was a base election. This was about energizing either our side or the Nancy Pelosi, Chuck Schumer side. The president very clearly demonstrated through his travel through those battleground states, especially in those final few days, that he was going to run through the tape, energize the base. The Kavanaugh stuff really got people going, his talk about what was at stake and the results that he was getting. 

When you coming into an election like this, getting that base fired up, getting the enthusiasm gap closed, it was a month-and-a-half ago that the Democrats enjoyed up to a 12-point enthusiasm gap. It was because of the president and him hitting the campaign trail that that gap closed. 

INGRAHAM: Corey, Romney tweeted out something kind of interesting after the midterms. He said the following, "I want to thank Jeff Sessions for his service to our country as attorney general. Under Acting Attorney General Whitaker, it is imperative that the important work of the DOJ continues and the Mueller investigation proceeds to its conclusion unimpeded." What did you make of that? 

LEWANDOWSKI: This is Mitt Romney already injecting himself into the Washington scene. I think he is going to be ultimately a thorn in the side of the president for a long time. Mitt is the one who made the speech that the president, then candidate Trump wasn't qualified. He changed his tune when running for the U.S. Senate, and now he is coming to Washington, D.C., I heard he was shopping for an apartment today in Washington. 

And look, this president has been very clear, Bob Mueller is going to finish of the investigation, but you can't have an investigation that goes on in perpetuity. Bring this to close, let the American people see exactly what I already know, there was no collusion, there was no cooperation, there was no coordination with the Russians in any way, shape, or form by our campaign, and let's end this investigation so we can get on with the people's business. 

INGRAHAM: Sean, I know it -- 

SPICER: Laura, real quick, I think one of the things that is forgotten is that the president, the underlying premise of why the president fired Sessions was because of the Sessions misled him, frankly. Sessions took a job know that he would have to recuse himself, and the president felt like he was offering him something and that he was going to be the faithful steward and leader of a department. And shortly after taking the job, recused himself, thereby not able to be the true, full leader that was supposed to be the person he was appointing as attorney general. 

So everyone is jumping to conclusions about what this means for Mueller, but the bottom line is we have seen from the president's words, actions, and tweets for the past year-and-a-half that frankly this stemmed from a level of disappointment in how Jeff Sessions presented himself for the job in the first place. 

INGRAHAM: The Sessions people are telling me in the last couple of days that Sessions didn't know that the campaign was being investigated until after, of course, that reassurance to the president, until he gets in DOJ. So he could have said he wasn't going to recuse, but on the investigation, on the campaign, once that was going to be the subject of part of the investigation -- again, that is what I am being told, and it kind of makes sense to me. 

But nevertheless, Mitt Romney, God bless you, are you setting up a 2020 challenge to President Trump, that's my question tonight. Gentlemen, great to see you, as always. 

And coming up, racial politics have been an issue that has been animating the left the entire cycle. They're not done yet. Wait until you hear what Bernie Sanders said about white voters in Florida and Georgia. That debate next. 

(COMMERCIAL BREAK) 

INGRAHAM: Here's what Bernie Sanders thinks about Florida and Georgia voters, quote, "There are a lot of white folks out there who are not necessarily racist who felt uncomfortable for the first time in their lives about whether or not they wanted to vote for an African-American." Joining us now with reaction, Democratic strategist and civil rights attorney Will Jawando, and Project 21 cochair Horace Cooper. Horace, your reaction to Sanders tonight. 

HORACE COOPER, CO-CHAIR, PROJECT 21: If everything is racism, nothing is racism. People who voted for Barack Obama now want to vote for Donald Trump. People who voted Republican, they voted Democrat, that is how people make choices. Calling them out as bigots or somehow uncomfortable with blacks doesn't serve any interests. In fact, it sets us all back.

INGRAHAM: Will, is there something to that, that everything does seem to be hit with the r-word now, if it involves either a challenger who is a minority or an incumbent who is a minority, at some point race will be involved. 

WILL JAWANDO, CIVIL RIGHTS ATTORNEY: These are southern states. There's only been two black elected governors ever in the history of the country. Slavery, racism is our original sin here. We're still dealing with the after effects. There is a region that DOJ had preclearance in these states until the voting rights act was eviscerated. 

So of course some people show up -- I've run for office. I've had people call me the n-word at their door, I've had people invite me in that didn't look like me. So it exists in our country, but I think it's getting better. I think the real story is you see Abrams and Gillum and others, Lauren Underwood in a 94 percent district get elected. So things are changing, it exists, but it's the dichotomy in America. But I think it's true, though. 

COOPER: Bernie Sanders should recognize, if you come up with an extremist progressive agenda, it doesn't matter what your color is. People are going to reject you. 

INGRAHAM: They did some liberal stuff on the referenda, didn't they? They did the Medicaid expansion, marijuana, more marijuana stuff. 

COOPER: They certainly did. But O'Rourke lost in Texas for the same kind of reason. You can't be an extremist and win. That's the real issue here. Don't call it racism. Let's have a real conversation. 

INGRAHAM: A debate. The problem is when you call someone racist that kind of ends the conversation. There's really nowhere to go there because you don't even deserve a debate if you're a racist. 

JAWANDO: I don't think he said they were racist. 

INGRAHAM: He came pretty close. 

JAWANDO: But I think the point is you have to acknowledge racism exists. 

COOPER: Racism is not explaining the elections that are happening in the United States of America. We just watched. 

JAWANDO: It's a factor. 

COOPER: It is not a factor. It is not a factor. That is ridiculous. 

JAWANDO: To say it's not a factor is -- 

INGRAHAM: You guys, when we do a whole show, we're going to do a whole show on this topic, and you guys have to be on. We want you and three other people for the hour. And we are probably going to take it out of Washington, frankly. But thank you so much for joining us, and sorry it's short tonight. 

Right back with some news that just broke, stay right there. 

(COMMERCIAL BREAK) 

INGRAHAM: The Florida recounts are going to be big news for the foreseeable future. We told you early about President Trump's reaction. This was a tweet that came out a couple of hours ago, law enforcement is looking into another big corruption scandal having to do with election fraud in Broward and Palm Beach. Florida voted for Rick Scott. 

Chuck Schumer has now responded, and he put out a tweet. And in the tweet he said, he said -- law enforcement is looking into another big corruption scandal. So there is on the screen. "In a democracy, no one, not even the president, can prevent the lawful counting of votes. We'll not allow him or anyone else to steal this election." My friends, this is going to be a big one. Sorry I was reading the wrong tweet. So Schumer, Trump going after each other. 

One more point, we're almost out of time. One more point. OK. Tonight, a Montana federal district court judge, Brian Morris, an Obama appointee, put a temporary, well, hold on the Keystone Pipeline saying the justification for it was incomplete. I didn't have to ask who the judge was but I knew it was an Obama appointee. And I was right. 

So, Brian Morris, look for the Justice Department to appeal that. That's going to go all the way to the Ninth Circuit. Got to have more judges on the Ninth Circuit. 

All right. That's all the time we have tonight. Shannon Bream and the "Fox News @ Night" team will never read the wrong tweet. 

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