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Jay Sekulow calls for a second special counsel

Member of President Trump's private legal team makes his case on 'Hannity.'

This is a rush transcript from "Hannity," December 12, 2017. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: Welcome to "Hannity." This is a Fox News alert. It is decision night for voters in the great state of Alabama and a race that has national implications. We are awaiting the results in this highly anticipated Alabama U.S. Senate special election race between conservative outsider Republican Judge Roy Moore and Democrat Doug Jones who President Trump is calling a puppet of Chuck Schumer and Nancy Pelosi.

Here's how the race stands right now and you can see it, Roy Moore is up. The New York Times actually is predicting a 55 percent chance at this hour that Roy Moore would win this race. But it looks very close. Here are the very latest from Roy Moore election headquarters in Montgomery, Alabama is Peter Doocy, sir. What's going on? How are they feeling in that room?

PETER DOOCY, FOX NEWS CORRESPONDENT: Sean, they just put that New York Times projection up on that screen behind where the speakers are for the first time tonight while now it looks like they took it off. But, when they did, this place absolutely erupted with cheers and applause for the first time tonight. It was really shaking. It was the most energy that we have felt since the door is opened, which was when the polls closed.

The other lines that seemed to be getting the biggest rise out of this Roy Moore HQ crowd had been about really sticking it to the establishment which of course has been a theme throughout the entire campaign. Now, Judge Moore still not in the House yet at the RSA activity center in downtown Montgomery. But we do expect to see him tonight. We also expect to see his big backer Steve Bannon.

If Moore is able to keep this seat red, we expect to hear Bannon and others give a lot of credit to President Trump. However, if he loses, we expect to hear a ton of blame directed at the Senate Majority Leader Mitch McConnell who the campaign and its biggest surrogates have tried to vilify from the very beginning. Now, we do understand that McConnell, in the event of a Moore victory, plans to huddle with Republican senators tomorrow at 10:00 a.m. at the U.S. capital to try to figure out what kind of a welcome they would give a Senator Roy Moore.

The establishment here in Alabama though has been a lot friendlier. In fact, driving from Birmingham down here to Montgomery earlier today a couple of hours ago, we heard the Trump robo-call much discussed this weekend in favor of Moore playing as a radio ad paid for by the Alabama GOP.

Now, tonight's event here in Montgomery does have a very noticeable security presence inside and out. An official tells me that's because of a threat against the campaign that came in this morning but not a threat against the victory celebration. They hope a victory celebration specifically. We also have not heard a ton from Judge Moore since we saw him earlier today riding his horse sassy to the polling place.

But his sister is here and she says that right now even though everybody here is on edge, he is at peace. He is telling the people who are hunkered down with him that it's in God's hands now. And that if he wins, God wanted him to win. If he loses, he wasn't supposed to -- Sean.

HANNITY: Peter, what was the cheering going on while you were speaking, do you know?

DOOCY: It's hard to say. But it has died down right now. And, again, in this room, I think there are a lot of sweaty palms. People have seen this, the Moore faithful, ever since the primary where he defeated Luther Strange as a chance to continue draining the swamp. That's something that you hear. Last night there was the event where they had alligators and moss inside, it was the drain the swamp theme.

They have been pitching Moore to Alabama Republicans as the guy who is going to help President Trump continue to make America great again. We have been hearing that a little bit more today. And, again, everybody here is really, really anxious. They are very confident. And I'm told that when they look at these numbers where they think that they are going to break all kinds of records for turnout in Alabama, they think if it's everywhere that's really good for them. They are just a little bit uneasy about some of the reports that the turnout may be the highest in big cities.

HANNITY: All right. Peter Doocy at Roy Moore headquarters.

Here now from Doug Jones campaign headquarters in Birmingham. We are all sitting here with our phones and we're looking at this interactive New York Times site. Right now it says, it's dead even and it's a 50/50 toss-up. Doug McKelway is with us. Doug, what do you think? What's going on there?

DOUG MCKELWAY, FOX NEWS CORRESPONDENT: Well, the latest here from the Jones campaign is that I just spoke to Giles Perkins, he is the campaign chief for the Jones campaign. And he is deeply encouraged by results coming in from Jefferson County which show a turnout of any worth from 40 to 50 percent. That is much higher than the Secretary of State of Alabama had predicted earlier this week where he said that he thought maybe a turnout of 25 percent would be in order.

Jefferson County is Alabama's largest county. Birmingham where we now stand is its seat. And what makes this so appealing to the Jones campaign is that a lot of Luther Strange voters voted for him in Jefferson County. According to Perkins that is. We did notice a much larger crowd late this afternoon in the place where Doug Jones voted himself a lot of young soccer moms, a lot of affluent young families. Sort of moderate GOP families who were turning out in droves much larger numbers than we saw in other polling places.

So perhaps that is a good omen for Doug Jones. Another bellwether county to watch out for here in Alabama is Talladega County. It is just slightly North and slightly East of the mid-section of the state. It is significant because it is a microcosm of the demographics of the State of Alabama with a white population of about 65 percent. And an African-American population of about 32 percent.

If African-Americans turn out in large number in Talladega County, it could be a bellwether of their turnout across the state and that bodes very well for the Doug Jones campaign. Sean, back to you.

HANNITY: All right. Thanks so much. And by the way, as we bring in our panel here, joining us now with reaction, we have American Conservative Union Chairman Matt Schlapp. Salem nationally syndicated radio talk show host Larry Elder. From The Hill, Joe Concha. Fox News contributor, former Clinton pollster Doug Schoen and Fox News contributor Tammy Bruce. Right now it's 54 percent.

New York Times has it bouncing around like a ping-pong ball and we are all sitting here neurotically looking at all of this. It really matters. Vote turnouts, specific counties. You mentioned Talladega County. I would say another county having lived in Alabama. It would be Madison County. A bit of a bellwether Northern Alabama. Certain counties obviously in the north. Roy Moore is going to want to run up the vote as much as he possibly can there in the Birmingham area, some certain Democratic areas, the same with Doug Jones. What's your take, Tammy?

TAMMY BRUCE, FOX NEWS CONTRIBUTOR: Well, look, I think that one of the big benefits Roy Moore has is the history and the infrastructure of the Republican Party. There is never really been I think a competitive race there between the Democrats or Republicans for a couple of decades. You also have -- they know Roy Moore. Some things may surprise basic Americans. Americans not in Alabama. It doesn't necessarily surprise the people that know that man and his family. So, it is about infrastructure. It's about getting out the vote. And right now Roy Moore and the Republican Party have that edge.

HANNITY: All right. Let me bring in our own Brit Hume, Elder Statesman he has seen a campaign or two also a close friend of ours. Brit, thanks for being with us.

Let's talk about the national implications for a minute, Brit. I know the Republican establishment were dead set against supporting Roy Moore. At the end they ended up coming. The President went in but not in the state. He went close to the state. He also pointed out that for him, with the Senate margin of 52-48, going down to 51-49 becomes intolerable and means you almost need the entire Senate Republican caucus to pass a bill.

BRIT HUME, FOX NEWS SENIOR POLITICAL ANALYST: That's true, Sean. And indeed the Republican leadership in Washington remained divided over Roy Moore's candidacy. The President and with it -- with him, the Republican National Committee swung behind him but the Senate Republican leadership did not, nor did the National Republican Senatorial Committee which is an important source of support for any candidate running for office.

So, the division there remains, Sean, and there is very great worry in the -- among Senate Republicans that Roy Moore, if elected, while he would be an ally on many issues voting, would be a problem for Republican candidates running for Senate next year. Because Democrats will be claiming that they disposed of and disciplined all of their alleged sexual offenders and here is Roy Moore who, against whom charges are still hanging, who is accepted in the part of the Republican Party.

So, that's the dilemma they are worried about. And obviously, they can't win either way, Sean, because either they lose the seat or they gain what they think may be an anvil around their necks.

HANNITY: If Roy Moore would have pulled this out and it's very tight according to all exit polls and all the numbers we are seeing early on here. If he were to pull this out, we know the Senate Majority Leader Mitch McConnell as 10:00 a.m. scheduled conference with all the Republicans there. If they decide to do an ethics investigation, if they would then aggressively go after Roy Moore and perhaps look to overturn the results of this election, what would be the impact or results, how would the people of Alabama feel?

HUME: Well, I think the people of Alabama at least those who voted for Roy Moore would be furious. I don't think there is any question about that. So, that's the kind of calculations that these Republicans in the Senate would have to make. Is it worth it? Is he enough of a burden to them as they seek to maintain their majority next year that it would be worth the candle? And, of course, you know, this is only a special election, there will have to be a regular election going forward.

Alabama remains an overwhelmingly Republican state. And I think the belief among Senate Republicans, Sean is that they had nominated either Mo Brooks or Luther Strange, that either of those candidates would be way ahead tonight instead of being in this close race that they might lose. I might add, Sean, you may recall last year on election night, I kept quoting the betting odds put together by our colleagues John Stossel and Max who have a website where they kept tracking these things.

HANNITY: Yes.

HUME: Right now they are betting odds have Moore 73 percent, Jones 26 percent. That's what the betting odds are showing right now. We may recall last year when everybody was scoffing when I was quoting them early in the night last year and they turned out -- the betting odds turned out right before anybody else. I'm not saying that's true here.

HANNITY: There were couple of us that were little hinder the curve, and both Trump had a much better chance than other people. But good to see you, Brit. We always appreciate it. We will check in with you later in the hour.

Let me go to Doug Schoen. From your perspective, let's talk about the national implications here.

DOUG SCHOEN, FOX NEWS CONTRIBUTOR: Please. Look, if the Democrats win the seat and right now it is a toss-up exactly as you suggested, but if the Democrats win, they will take this as a mandate to go after Donald Trump and to make it a referendum on Trump and Moore. They will expand their map to states like Arizona, Nevada next year. And the Senate will be in play. I think this is, in my terms, specifically and specifically, a referendum on Roy Moore. But I don't think that's how the Democrats will react. If, and it's a big if.

HANNITY: If Roy Moore loses, it would be because of Roy Moore. He has been notorious in running very close statewide elections. Last election the state Supreme Court, it was 52-48. And in Alabama, that's a close race for Republicans.

SCHOEN: I understand that. But this is going to be nationalized to a rejection in part of Trump because he came, did the robo call and rally in Pensacola. And it will embolden the Democrats rest assured.

HANNITY: Will it be that Joe Concha or will it be that even with Trump's help, he couldn't pull him over the finish line because of all the news and information we have been discussing now for a long time.

JOE CONCHA, THE HILL: All the news and information we have been discussing for a long time. If Roy Moore ends up winning or ends up losing in this case, this will be an election that was decided ultimately by one news outlet and that's "The Washington Post" when they did this story a couple of months ago. If this story doesn't come out, this isn't special coverage right now, the race is already called Roy Moore wins in heavily Republican state.

Here is the thing. The story was never debunked. "The Washington Post" did good solid vetting in terms of the accusers and Roy Moore never could push back the way that he wanted to. So ultimately this is a race that's being decided by a news outlet, by "The Washington Post" and what they did a couple of weeks ago.

HANNITY: A little lag on the numbers on the screen here. Right now Jones is up about 1.2 percent. Now the New York Times has flipped it to a 57 percent chance of Jones winning the race as this thing goes back and forth throughout the hour depending on the counties that are coming in at these specific times.

Let me go to my friend Matt Schlapp. Matt, I want to ask you this question. After Roy Moore had said he did not know the woman and then the woman came out, there is one particular case with the yearbook. I interviewed on my radio show that day. A 42-year professional forensic hand writing expert. He said with pinpoint accuracy, 100 percent accuracy, that if he had Roy Moore's writing at the time and he had the yearbook, he would be able to determine if, in fact, Roy Moore had written that inside that yearbook.

He also said, he would be able to tell if the ink was old or the ink was new. From me from that point forward I always assumed forensics would decide whether or not who the veracity of both sides here. We since found out that at least the notes on the bottom of that yearbook were added by the woman in question.

MATT SCHLAPP, AMERICAN CONSERVATIVE UNION CHAIRMAN: That is right.

HANNITY: It never got any forensic testing. What is that mean for the race? What is that mean? Why didn't that happen for the people of Alabama? I thought they deserved it.

SCHLAPP: Yes. I don't think Gloria Allred wanted that to happen. And I think, this is why, Sean, it's a tough thing for the voters in Alabama. You know, life is filled with imperfect choices. And I think voters including Republicans and conservatives are faced with an imperfect vote here as well. And look, Roy Moore was attacked by establishment Republicans inside D.C. from the very beginning.

They are not -- he is not their kind of candidate. So, it's not surprising that as these allegations came forward they moved further away from him. But Roy Moore even in Alabama, it's really important tonight, Sean, for us to get one thing clear. Alabama is Trump country. You can look at any poll. Trump is overwhelmingly popular in Alabama except in this exits which I think could be dubious.

And so, this is really a question about Roy Moore who in 2012 when he ran, 1 by about 3.6 percent, he has always been a polarizing figure even in Alabama. And I think tonight if he pulls out a victory, their counties I see coming on the news about 15 key counties that are swing counties that he either narrowly won or lost since 2012. He is over performing in a lot of those counties. So, right now I think the "New York Times" is a little askew in saying, in giving those percentages on the race. I think Roy Moore is over performing now. I think a lot of voters, Sean. Tell pollsters what they were going to do.

HANNITY: Yes. By the way, it was funny election night --

SCHLAPP: They will tell pollsters what they're going to do.

HANNITY: -- 2016 because it was way over here that in fact Hillary was our next president.

SCHLAPP: That is right.

HANNITY: And then slowly but surely it went the other direction.

SCHLAPP: That is right.

HANNITY: Let me bring Larry Elder in first. Larry, your take on the vote tonight. A lot has been mentioned about the percentage. We always break things down demographically, the black vote in Alabama. How high that percentage would be in 2012, Barack Obama had 28 percent of that vote. There were some estimates coming out early tonight and predictions that the black vote would even be higher than that number. Possible or your thoughts?

LARRY ELDER, SALEM RADIO NATIONALLY SYNDICATED HOST: That is right. It is entirely possible. This has been a very emotional race. And you know, Sean, Alabama is my mom's home state and it has a number of summers there. She is actually from the Huntsville area. In my opinion, the question is real simple. Is this The Hill for Republicans to die on?

I know that Roy Moore is very popular among Donald Trump supporters. But the question is, are these allegations to be completely dismissed out of hand just because Roy Moore is our guy? And I don't think people ought to be embarrassed about the fact that they voted for Donald Trump even though he had allegations against him. Donald Trump did not run against Mother Teresa. He ran against Hillary.

And Hillary had serious allegations against her up to and including that she verbally intimidated and alleged rape survivor Juanita Broaddrick. So, I don't see any reason why this had to be the hill for Republicans to die on. I thought Trump hit the right note when he backed Luther Strange and then he threw his support to Roy Moore after Moore won. And if the allegations came out, Trump said, if they are true, he ought to drop out. And then Trump kind of set out. And they did 180, made a cost benefit analysis I guess. And then supported Roy Moore.

HANNITY: The President was very specific Larry, and as much as he's saying, it's a tight margin. We can't get healthcare through the Senate at 52, 48. If it's 51, 49, then the agenda that he has pushed so hard for is in greater jeopardy.

ELDER: I understand. But that agenda is in jeopardy long term if you back somebody who in my opinion is morally dubious. They are cutting the commercials already whether Moore wins or loses, they'll going to go after Trump regarding these allegations.

HANNITY: Well, that's true.

ELDER: But if Roy Moore wins, the cut in the commercials already, anybody that stands near him, anybody that shakes his hand. Anybody that waves goodbye is going to be tarred with Roy Moore's moral issues. And I think it's not a good calculation going down the road. I could very well be wrong. But I think they are making a mistake.

HANNITY: Seventy five percent New York Times has ads of Doug Jones winning.

CONCHA: You realize since we have been on the air, it's been 18 minutes. It went from Moore up to slightly to Jones and now Jones has a 75 percent chance of winning. All in the span of 18 minutes. That's remarkable.

HANNITY: Well, it's remarkable and it is based on the data and where the data is coming from. Doug, something you've done --

SCHOEN: Yes. And there is one other thing that you asked me before about national implications. This will put tax reform in dire jeopardy if, in fact, the Jones campaign is victorious. Because we already have one vote and Senator Corker who is gone. And that also allows to us have one other potential Republican defection to knock out the whole effort.

BRUCE: And this is a test for the President. I think what have you seen with Shelby going against it. Jeff Flake used to giving money to this guy. I think the Republicans in the House -- in the Senate want to lose the Senate. I think they want the President's agenda to fail and the only way to really achieve that is to suddenly become the minority.

HANNITY: Tammy, that is a profound, a deeply troubling thing you just said.

BRUCE: We saw that through this. I mean, this is one of things regardless of who wins this and at this point it looks like it might be Mr. Jones is that, that remains the issue. That this is why this is occurring. And I think part of the GOP base, it's not all of us, should be extremely concerned about the nature of what the GOP establishment has done in this process and I agree with Larry.

Look, as a feminist. I am outraged that this also happens to be our choice, right? But the fact is that the future of the country is at stake. This is larger than Roy Moore. It's about our families in the future. But this is also a sign of how awful things have become under the establishment and how much work we have to do.

HANNITY: I have talked Matt Schlapp at length about these forces that are against President Trump. The Deep State. The Democratic Party. They don't want him to succeed. The media is obviously more corrupt than they have ever been. But I also add to that list, Republicans. And I add to that list the never Trump crowd that wants to say see, we told you so. But, meanwhile, what this last election was about in 2016 was the forgotten men and forgotten women that need jobs that are on food stamps, in poverty, and they want a shot at the American dream, also.

So, if that is the Republican strategy, I mean, it is -- it almost takes my breath away and it also goes, I think Mitch McConnell has a lot of culpability in all of this. I was a Mo Brooks supporter from day one. I have known Mo Brooks nearly 30 years. He used to fill in my radio show when I had a show in Huntsville, Alabama. And I thought he would have been a great candidate. The person who came out strong is against Mo Brooks, Matt, was Mitch McConnell.

SCHLAPP: That is right.

HANNITY: Mitch McConnell, you know, literally, put himself in the middle of the race time and again, and it didn't work out well for him.

SCHLAPP: Mo Brooks was the forgotten candidate in this race, Sean. I mean, he was clearly the person who could have won. Luther Strange was always hobbled for all kinds of reasons, including his participation in what some would see the white washing of the Governor's scandal. So Luther Strange wasn't going to get there. It took D.C. swamp Republicans to play this in every way that was wrong.

Do you know what's interesting, Sean? After spending $25 million, you think they would have done some significant opposition research, to see the themes they could have pushed. And I think at the end of this, you are right, which is, they can't say Donald Trump is an anchor weighing down the party because his poll numbers according to certain polls are down.

When the poll numbers of D.C. Republicans are much, much worse than every poll you look at. Let's face it. D.C. Republicans are not very popular. What I would say is, they have to have some humility on these questions. If we lose this race as a party tonight, we have to have some humility about how we handle these primaries.

HANNITY: You know, one of the exit poll numbers that stood out on the page Larry Elder had to do with Donald Trump really not being a factor in this race. But in terms of the liberal media, in terms of the Democratic Party, in terms of the spin that will go out tomorrow and I think Doug is right about this. You know, if the dog bites, if the beestings, if you are feeling sad in the world of the liberal media and destroy Trump media and the Democratic Party, it's all Donald Trump's fault. So, of course they will put him in the middle of it when really Trump, yes, he got involved, and he sent a robo call in, but he didn't go into the state, did he?

ELDER: That's true. But a significant percentage of voters in Alabama who are voting for Roy Moore said that they are voting for him to show their support for Donald Trump.

HANNITY: Twenty seven percent.

ELDER: Trump is going to be president for seven years, Sean. And in that course of the seven years, he is going to have to deal with a Congress that hopefully will remain Republican. And you saw what they did with Todd Akin years ago when he made that comment about legitimate race. Imagine what they are going to do with Roy Moore. And I believe that they are going to use Roy Moore as the face of the Republican Party and threaten the majorities in the House and in the Senate.

And Donald Trump is going to have a hell of a time governing down the road for the next seven years if he loses control of both chambers as a result of Roy Moore being the face of the party which is exactly what the Democrat --

HANNITY: Is Roy Moore the face of the party? I mean, there is a 76 percent chance according to the "New York Times" right now that he doesn't win.

ELDER: Well, if he doesn't win, that's a whole different ballgame, but they will still nail all the people who supported him, who ignored in their view.

HANNITY: And Al Franken and Conyers and Menendez and I'll go down the list, Tammy?

BRUCE: Jackie Spears says that there are 260 settlements in that shush fund, sexual harassment, racial discrimination.

ELDER: Right.

BRUCE: You've got maybe about, what, those are all individual cases half of Congress, a quarter or a third of Congress? So, this is -- Mitch McConnell, who knows? Is he on that list? We don't know. Because there is no transparency. That is the albatross over the neck of Congress.

HANNITY: That will be Republicans and Democrats I can assure you. Doug, real quick, we have to take a break.

BRUCE: In 96, we had the benefit of Bill Clinton running against a Republican caucus.

HANNITY: But you know, what? Up to an including last year, your party defend it, and not you, your party went all in defending and all of the smears of every woman.

SCHOEN: Helped Trump get reelected in 2020 if he is running against a Democratic House and Senate.

HANNITY: Fascinating race. All right. We will take a quick break. We'll come back. We will continue to monitor all of the election results out of this close race in Alabama. Bret Baier, Martha MacCallum. They will join us as we continue our coverage.

All right. This is a FOX News alert. It is still too close to call in this special election in Alabama as this election results continue to pour in.

Joining us now with analysis, Bret Baier and Martha MacCallum. They are in-charge of our election coverage. Bret, let's start with you. Your thoughts about the evening tonight so far.

BRET BAIER, FOX NEWS HOST: Well, Sean, first, I want to start with a Fox News alert. That Sean Hannity has cited the New York Times about five times in the last five minutes.

(LAUGHTER)

MARTHA MACCALLUM, FOX NEWS HOST: Shocking outcome tonight.

BAIER: It should be noted somewhere.

HANNITY: I really appreciate that.

BAIER: I'm sorry. To be serious, our decision desk says, at this hour Doug Jones is leading in Alabama. It's too close for us to call this race at this moment. But just take that in for a moment. A Democrat is leading in deep red Alabama and could very well win this race and we have talked about it, we've talked about all of the allegations and how this all factored in. One thing I want to correct and that is that if Jones wins or Moore wins, it's unlikely that they will be seated until January, if the government doesn't shut down.

Because the Secretary of State in Alabama will push this process until December 26th. Right now we're funded, the government is until the 22nd if they manage to strike a deal, that person won't be seated in the Senate until January. So the vote on tax reform would still be Luther Strange's to make.

MACCALLUM: Yes. Exactly. And one of the big stories at least at this point, Sean, is turnout. And it looks like in several of the large counties, white turnout, white voter turnout was not what it would need to be for Judge Roy Moore. Now, we don't know yet. We watched this thing flip back and forth as you have been documenting over the course of the evening. But it looks like that could be an indication that, you know, perhaps he has had some problems at least in some of those counties.

And it goes clearly to the issues that were brought up by "The Washington Post" and the allegations that were brought against him and whether or not that caused some people to stay home from voting, Sean. And it is worth, you know, pointing out that in the current climate Roy Moore is one of the few who fought against those. He was pushed, he was nudged to get out of the race to make room for somebody else. He chose not to do that.

And, you know, at the end of the night, there will be sort of a decision based on whether or not that was a good idea when we see what the outcome of this race is but clearly that's at the center of what we're watching unfold tonight for better or worse.

HANNITY: Let me go to how we got to this point, Bret. And by that I mean I have known Mo Brooks for nearly 30 years. I mentioned earlier I lived in Huntsville. I was a local radio host. He used to fill in on my radio show. I will tell you tonight that Mo Brooks would have won by probably 20 points in this race. We also have the factor of Richard Shelby, a sitting senator, well liked in the great state of Alabama and he said he could not vote for Moore.

And he went with a write-in candidate. But how did we get to this point? The President supported Luther Strange and I think a lot of people aren't really talking about the involvement of Mitch McConnell from the get-go here opposing Mo Brooks who would have won easily. Supporting Luther Strange and the amount of money they poured in to also going hard after Roy Moore prior to these allegations?

BAIER: You are right. And the establishment line in Alabama plays really against the GOP establishment in Washington. McConnell was not an asset there. The money was, of course. But, when the President decided to support Luther Strange, it seemed like that possibly could turn the tide but it didn't. Because the overpowering message was, you know, shake things up. The GOP establishment is not getting it done. You need somebody closer aligned to Donald Trump.

And Roy Moore made that case better. He also had a high name recognition, Sean, as you know from the 10 commandments fight and his time, a number of different elements and issues in Alabama. He had high name recognition, whether or not Steve Bannon was campaigning for him or not.

HANNITY: I think there is one other factor that we have got to throw in here statewide. If you look at the prior race that he had for the Supreme Court in Alabama, Martha, it was 52-48. That is by Alabama standards for a Republican, that is not a big win.

MACCALLUM: No, it's not. And he has proven to be a controversial person, of course, over the last many years. You know, I mean, there wasn't a lot of establishment support for Roy Moore, Sean before this whole story broke in "The Washington Post" about these young women and his relationships, whatever the nature of them was. You know, over the course of 40 years ago. So he has ails bee has always been, you know, a fire brand. He's always been a controversial character in that.

And it really comes down to the question of whether or not Alabama voters want him representing him in the Senate. And when you look at the fact, you look at the numbers in terms of the polls that we have, Sean, and how important being pro-life is to voters in Alabama, the fact that they may and we're still waiting for the final numbers, be willing to send Doug Jones instead of Roy Moore, that says quite a lot.

BAIER: What a new voters tonight, Sean. So, what we're seeing is --

HANNITY: And young voters were going more Democrat in this particular race for Doug Jones. Right?

BAIER: Overwhelmingly.

MACCALLUM: Definitely.

HANNITY: Overwhelming.

BAIER: When you have new voters who haven't voted in 2016, 2014. They are motivated by something. And it might have been, you know, get out the vote effort by the Jones campaign. Remember, also, they spent a ton of money, the Democrats did, outside money, campaign money, big money for the Democratic Party to get this seat. A seat that is only two years really. You talk about 2020 is the next election for this particular seat. So, if Doug Jones pulls this out and he is leading at this moment, it will be another race in two years in deep red Alabama.

MACCALLUM: Also that money would never have poured into this race had this it not been for the allegations against Roy Moore. I mean that is what fired them up. Joe Biden in there President Obama in there doing robo calls. These allegations were huge fire start for Doug Jones.

HANNITY: All right. Thank you, both. By the way, Bret, do you like the big colossal studio that Martha has now? Mine is tiny by comparison.

BAIER: It's really nice.

HANNITY: It has stairs going up to the tippy top. Martha's name on the big circular thing.

BAIER: When you put the New York Times graphics behind you.

HANNITY: The "New York Times" loves me. If you saw the Sunday magazine picture, best shot I ever had. All right, guys, thank you.

MACCALLUM: Thanks, Sean.

HANNITY: We will continue to monitor the election results out of this race in Alabama tonight. Huge breaking news Fox News has obtained the anti- Trump-pro-Hillary text messages between that FBI agents the one that is involved in everything. Peter Strzok and his girlfriend Lisa Page. That is straight ahead.

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HANNITY: All right. This is a Fox News alert. We are awaiting results. We may be able to make a call soon in this all-important Alabama U.S. Senate special election. We will have an update in mere moments when we get those numbers. Also major breaking news right now. Fox News has obtained the anti-Trump pro-Hillary Clinton text messages between the FBI agent, Peter Strzok and his girlfriend Lisa Page. Remember, both working in the Mueller special counsel case. But, first, President Trump's attorney Jay Sekulow is now calling for a second special counsel to be appointed to investigate the massive conflicts of interest surrounding a key department of justice official and Fusion GPS. Now the company behind the Clinton bought and paid for fake Trump, anti-Trump propaganda from Russia, well, that dossier, this comes after a Fox News exclusive report showing that in fact the wife of Bruce Ohr, the recently demoted DOJ official actually worked for Fusion GPS during the 2016 election while it was crafting that fake news dossier.

Now, also tonight, the fake news media are working overtime by spreading outright lies and misinformation to try and damage and discredit President Trump. Here are some of the recent examples. On Friday CNN, they ran wild with a fake news report about Donald Trump Jr. claiming that he received an email on September the 4th, 2016, that gave him special access to hack DNC emails that were not released at that point by WikiLeaks. That was a total lie. Because the email was sent that was actually sent from September 14th that was the day after WikiLeaks had published the DNC emails. Also fake news, CNN were pushing that story for hours and others like conspiracy TV. MSNBC, they repeated it before the Clinton news network finally offered a correction. Over the weekend "the Washington Post" reporter Dave Weigel tweeted out this fake news photo and claimed that the arena was empty during a Trump rally in Florida. Turns out the photos, well, they were taken well before the President even stepped on stage. And Weigel in this particular case was forced to apologize. It was an outright lie.

The New York Times told us a story claiming that President Trump watches up to 8 hours of TV a day and drinks 12 Diet Cokes. Huge news. CNN has since been using that so-called report to wildly speculate about President Trump's health and a pretty despicable display last week both Bloomberg and Reuters put out a fake news story that the special counsel Robert Mueller's team had subpoenaed President Trump and his family's bank records from Deutsche bank. Now President Trump's legal team quickly pushed back and by the way those outlets also issued corrections.

Finally, of course, there was ABC news' Brian Ross. He was suspended without pay for reporting that Lieutenant General Michael Flynn was prepared to testify that then candidate Trump ordered him to contact the Russians. That turned out to be false. He is also forbidden forever reporting on Donald Trump going forward. Joining us now with reaction the attorney for President Trump, Jay Sekulow, you were involved today. I actually saw your text messages to NBC.

JAY SEKULOW, PRESIDENT TRUMP'S LAWYER: Yes.

HANNITY: Where you said you are not calling for a special counsel for a special counsel to be appointed for Robert Mueller at all.

SEKULOW: Correct.

HANNITY: You said it three times in that same text exchange.

SEKULOW: Right. So here's what you had. Sean, this was a really straightforward situation. When the news broke yesterday about Bruce Ohr, and the conversations he had with Fusion GPS and Chris Steele, which by the way supposedly were done without knowledge of his -- those in authority over him, although he was very high ranking, the fourth in line authority at the Department of Justice, we then find out that not only meeting with Fusion GPS and Christopher Steele who wrote the fake dossier, but that, I mean, you cannot make this stuff up. That Bruce Ohr's wife was working at the same time for Fusion GPS and was their expert on Russia.

So, we said when we saw this yesterday with my colleagues we discussed the issue and decided that the best course of action here in our view as lawyers was that a special counsel be appointed as by the way Chuck Grassley has stated as has Lindsey Graham has stated to look into all of this, because as I said in my statement, the conflicts of interest, within inside the FBI and Department of Justice as to this fusion GPS matter is breathtaking in scope. Now, NBC got that. I was clear as you saw three times in email a text exchange with the main reporter on this and NBC says the story exactly opposite.

I said this is nothing to do with Bob Mueller. We have been cooperating with Bob Mueller. I'm very encouraged and I'm very not only encouraged, I will tell you this. This has been one transparent administration when it comes to what's been done here. And what's been provided to the special counsel. And I'm very convinced that we're going to have a successful conclusion. Having said that I never said a word, Sean, not one time.

HANNITY: Just the opposite.

SEKULOW: About a special counsel.

HANNITY: You said just the opposite, Jay.

SEKULOW: Exactly the opposite. And that is, again, I asked them to retract the story. They did in some of their news reports, but one of the MSNBC hosts took what was said incorrectly by NBC, ran with it and still to this moment has not retracted it although he has put my full statement in. Put that on top Deutsch bank the fake picture from the packed rally in Pensacola, the incorrect statements from CNN on, as you mentioned on the whole situation on those emails with WikiLeaks and getting the date wrong with supposedly three sources, I want to just tell the American people tonight that we're going to give you what is actually happening here and you are seeing it in, unfortunately, play out before your eyes. But the good news is I am very encouraged that we'll be bringing this to a successful conclusion.

HANNITY: Let me bring up this breaking news we have tonight. Let me set the table a little bit. We know Bruce Ohr. Literally four doors down from Rosenstein. We know that he was meeting with Fusion GPS. The firm that was hired they came up with false dossier and hired Christopher Steele just to get some background. Turns out his wife worked for Fusion GPS. Now here is where it gets worse. Peter Strzok and his girlfriend Lisa Page, both of them working in just Peter Strzok in particular. He was in the dossier case. He interviewed Cheryl Mills. He interviewed Huma Abedin. He interviewed Hillary Clinton. He was there are to the interview with General Flynn. It seemed like the FBI only has one full-time employee because he is involved in all of this.

I am looking at the text messages that have now been released where his girlfriend is calling Donald Trump a, loathsome human being. Where they are praising Hillary Clinton, these are people that are supposed to be involved in an objective and fair investigation of individuals. Now, we know in the case Huma Abedin and Cheryl Mills, they both lied. They weren't charged like General Flynn. In other words we have a case where Peter Strzok, James Comey literally were writing an exoneration before the investigation into Hillary Clinton's email. Let's talk about it.

SEKULOW: Well, I mean, first of all, Peter Strzok by Robert Mueller was taken off the case and apparently although none of us know this for a fact, this was the reason. So that is one question right there. He was by the way one of the leading counter intelligence FBI agents in the bureau. But he was taken off the case and has been reassign to human resources. Obviously there was a concerned that the special counsel had with regard I think his capability to move forward on this and objective manner which is supposed to be under the law. You laid out the James Comey matter. Here, Sean, there is another aspect of this that tends to get overlooked. There were 16 witnesses were given immunity by the FBI and department of justice in the whole investigation on the emails. And he wrote that exoneration letter before -- before the interviews of those witnesses took place. So, you know, explain that. You can't.

HANNITY: You can. You can say the fix was in. In and Peter Strzok was involved in this. By the way, god Hillary should win, you know, 100 million to zero. I guess we know where political affiliation lies.

SEKULOW: Here's the biggest point from a legal standpoint here Sean here is what is significant. Because of apparently he is removed. Look at the issue in a more global sense. Why is it that the Federal Bureau of Investigation, there are a lot of great agents out there. We know that that put their lives on the line every day for all of us, our families. Why is it that when you go back to the Bruce Ohr and the dossier. Did that dossier for instance serve as the basis for FISA warrants? Foreign intelligence surveillance act warrants.

HANNITY: Why can't we get an answer?

SEKULOW: Great question. We should be able to get an answer, I think the attorney general owes the American people an answer on that and give it forth with. Of course congress has subpoenaed to get answer on all of these questions. But want everybody to think about that for a moment. FISA warrant made an issued on a dossier that was with all of this inter aspects going on here. At the end of the day, you have to say how is this allowed to continue? Why is this -- why are these people not terminated? And do you know what the answer to that is? People don't like when you say it, but it is the deep state. It's the bureaucrats. Because you know what they haven't talked about, because there is no evidence of it? The President talking with Russians. Meeting with Russians. Meeting with Russian -- all the Russia talk that is taken place now for a year. As this has now been, you know, fully vetted. There was nothing there.

HANNITY: Hillary Clinton bought and paid for dossier with Russia lies, propaganda to influence the 2016 election.

SEKULOW: But take it right back into the Department of Justice, Sean. And how is it that the fourth ranking DOJ official is -- wife works for the company that is putting together the dossier. And that should just be ok? Because the media, believe me, the media would not have covered what happened today on this unless NBC would have put out the incorrect statement. This would had gotten no attention. I mean James Rosen did a great job of reporting it. It wasn't getting play at all. Now it has to because of NBC's incorrect statement.

HANNITY: All right. Jay Sekulow, we appreciate your time.

SEKULOW: Thanks, Sean.

HANNITY: When we come back we have more election results in the great state of Alabama. More of our great panel and Dr. Gorka also joins us straight ahead.

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HANNITY: This is a Fox News alert. It is a tight race in the Alabama special election between Judge Roy Moore and Doug Jones. Also huge breaking news tonight at this hour. Fox News has now obtained a text messages between the FBI agent Peter Strzok and his FBI lawyer girlfriend Lisa Page. It shows a virulent major anti-Trump/pro-Clinton bias.

Here with reaction to that former deputy assistant to the president, Fox News national security strategist Sebastian Gorka. Have you had a chance to read this? God, Hillary should win 100 million to one. I suppose Hillary is who I support. God, Trump is a loathsome human being. Peter Strzok was on Robert Mueller's team, Dr. Gorka. Peter Strzok interviewed Cheryl Mills and Huma Abedin and Hillary Clinton and General Flynn. He was involved in the dossier. He was involved in the -- if you will, collusion or putting the fix in with an exoneration before investigation on the Hillary email investigation. How is this guy with this bias ever allowed on Mueller's team and I'm not even talking about 8 of the 16, appointed by Mueller Democratic donors. Or the atrocious record the 9-0 loss in the Supreme Court by Andrew Weissmann, the overturn and the Fifth circuit of appeals or the fact no Republican donors appointed by Mueller. This is beyond anything I have seen in my life. Robert Mueller special counsel and people that are in the forefront of that investigation now their bias is exposed what does it all mean?

SEBASTIAN GORKA, CNN NATIONAL SECURITY STRATEGIST: It means this whole investigation is a sham. It is a house of cards. And it should be closed down tomorrow morning at 8:00 a.m. You don't have to agree with the President of the United States. I was an employee of the Department of Defense for six years under President Obama. I did not vote for him, but the fact is this is a senior law enforcement official who wasn't just a bureaucrat, who wasn't a professor like me in a defense department installation. This was an individual who has been tasked to investigate a sitting President text off confirmed. He considers agrees with the person he is texting is he a loathsome individual. How does that mean you are going to investigate him? What is your axe to grind? How are you impartial peace officer, if that is your opinion of the most senior member of our government? It is an utter outrage, Sean.

HANNITY: All right. Let's go to Alabama. Get your thoughts on this race. It appears very, very tight. We keep having back and forth all night long as relates to the New York Times projection. One of the latest Joe Concha. You are following this numbers closely.

JOE CONCHA, THE HILL NEWSPAPER: It started off for Jones plus 2. Then it went to a toss-up. And then went all the way up 90 percent Jones. Back down to 68. Now at 67 percent.

HANNITY: All right. Two third chance. We also watched that meter on election night 2016. And it was like 99 percent Hillary. It made its way over. Do you think there are enough outstanding votes in red counties in Alabama for Moore to pull this out? And what are the national implications in your view, Dr. Gorka?

GORKA: I want everybody to understand one thing about tonight. Tonight isn't about Alabama. And tonight isn't about Doug Jones or Judge Roy Moore. It's very simply about one thing. Are you for the swamp or are you against the swamp? That is how it needs to be understood. I'm not going to predict anything. Prediction is a mug's game. There are far too many large areas that are yet to come in from the polling stations. But this is a test for the November the 8th agenda. Are you for the establishment? Are you happy with what the Republican elite, as well as the DNC has done to this nation for the last 30 years or are you not? That is what the Moore v. Jones race is all about. Sean.

HANNITY: Already. We appreciate -- Tammy, you want to weigh in quick?

TAMMY BRUCE, RADIO SHOW HOST: Look, I think this is still about even more of an embracement of Donald Trump in the sense that no matter what goes on with this race, they still trust him to be able to deliver on his agenda. That will be more difficult as you see even a GOP that is still trying to obstruct him. But this is a lesson also for him. He has been learning throughout this entire year about who his friends are.

HANNITY: How big was McConnell screw up in this, because from that get-go he was against Mo Brooks and get-go he went all in on Luther?

BRUCE: I have been saying Paul Ryan and Mitch McConnell is a problem for the President. And the President I think must recognize that.

HANNITY: All right. More on the Alabama senate special election as we continue right here on Hannity.

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HANNITY: Fox News alert, huge breaking news tonight. It is a close race in the Alabama special election. Also tonight Fox News has obtained the anti-Trump, pro-Hillary Clinton text messages between the FBI agent Peter Strzok and his FBI lawyer girlfriend Lisa Page. We are pouring through them real quick, what do you see?

CONCHA: I see Lisa Page thing this man cannot be president and I see Peter Strzok saying that Hillary should win 100 million to zero.

BRUCE: Over the last week we've seen of course how bad the establishment is what we are fighting against.

HANNITY: All right. We will have more analysis on this tomorrow. Stay tuned. Fox News coverage continues on the Alabama Senate race.

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