Rep. Devin Nunes on Trump declassifying FISA documents

This is a rush transcript from "Hannity," September 19, 2018. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: Welcome to "Hannity."

This is America at a precipice tonight. This is an important night. Tonight, all elected officials in Washington, D.C., have an opportunity for more importantly an obligation to protect your rights, uphold the values of our Constitution on every important issue that we now face.

We have people on the left in this country, Democrats in this case. They are putting politics first, sadly, the country and the Constitution second. I'll explain in detail. Running roughshod over the whole principle that we all hold dear, the presumption of innocence.

We have many on the left convicting Judge Kavanaugh tonight of one of the most serious crimes, implying he doesn't have a right to be heard or believed. Zero presumption of innocence. Zero due process, a despicable, disgusting rush to judgment, what is borne out of pure partisan politics. And we will prove our point.

And now, the Senate Republicans attempt to investigate serious allegations. They are being stonewalled. They are being blocked at every corner, even after every single right consideration is being offered to Professor Ford tonight.

All of this is to obstruct, disrupt, upend justice in America. It is the left's playbook to destroy the Trump agenda.

And on Monday, the president ordered important FISA documents declassified, as is his constitutional right. Again tonight, he is facing not only a wave of obstructionism. Democrats, they seem to want to precipitate an absolute constitutional showdown. They are openly defying the president's constitutional powers. They don't want government transparency. They don't government accountability. They don't want to see that what they have been doing behind the back revealed.

All right. Stay tuned. We also have a big announcement at the end of the show tonight. But it's time for breaking news opening monologue.


HANNITY: All right. We are now on day seven of the controversy that is swirling around the confirmation of Judge Brett Kavanaugh. A professor from northern California named Professor Christine Ford is accusing Judge Kavanaugh of sexual misconduct from when they were both in high school, 1982.

I have said many, many times on this program, these allegations must be taken seriously. Senate Republicans are doing just that tonight. They have delayed this week's confirmation vote. They have reopened the hearings. They have invited Professor Ford to tell her story before the committee open or closed door session.

They have reached out by phone, by e-mail and more for background. They are handling this with the utmost care and professionalism as they should. And the Senate Judiciary Committee has even offered to fly their staff anywhere in United States to meet with Professor Ford for a private interview.

And on Monday, Professor Ford's attorney told fake news CNN her client would testify under oath. That she wanted to tell her story publicly. We have the videotape. Take a look.


UNIDENTIFIED FEMALE: Will your client be willing to testify in public to the Judiciary Committee?



HANNITY: But here we are two days later, Professor Ford is refusing an invitation to testify. She is now demanding through her lawyer, she wants a full FBI investigation in claims first. And, of course, the U.S. Senate, they don't control the FBI or what they choose to investigate.

Advise and consent, it is the constitutional role of United States Senate. Not the FBI.

Also, we know the FBI stated publicly the allegation does not involve any federal crime. Now, the Senate can only perform their own probe. Unfortunately, they are now tonight being stonewalled. Politics is in play. As of tonight, Dianne Feinstein, she will not even show Senate Republicans on the committee the full unredacted letter that Professor Ford sent to Democrats when she first made her allegations in July. And now according to the Judiciary Committee chairman, Charles Grassley, the letter to Ford's attorneys the committee, they are having a hard time reaching Ford.

Quote: Committee staff has attempted to contact you directly by phone, e- mail several times to schedule a call at a convenient time for you and your client. We thus far have not heard back from you with regard to that request.

And Grassley's letter reiterated the invitation to appear before Congress. Quote: You have stated repeatedly that Dr. Ford wants to tell her story. I sincerely hope that Dr. Ford will accept my invitation to do so either privately or publicly on Monday.

And despite every effort from Republicans to accommodate Professor Ford, which I think is the right thing to do, her attorney is calling Monday's hearing, quote, not fair nor in good faith.

And earlier today, Senator John Kennedy expressed his frustration. Watch this.


SEN. JOHN KENNEDY, R-LA.: We have done everything we can to try to accommodate Dr. Ford. Either her or her lawyers keep moving the goalpost, which is a little frustrating.


HANNITY: And Senator Susan Collins of Maine who I don't always agree with, is saying it's not fair for either Professor Ford not to testify on Monday. She said it's not fair to either side. Take a listen.


SEN. SUSAN COLLINS, R-MAINE: I think it's not fair to Judge Kavanaugh for her not to come forward and testify. Both of them need to testify under oath next Monday before the Judiciary Committee.


HANNITY: Now, Senator Collins is right. It is so important to know that senator's time frame is identical to the time frame that Joe Biden set up when the left did this to Clarence Thomas. It's important that we hear from Professor Ford. But also, Judge Kavanaugh deserves the presumption of innocence.

And, by the way, considering it was 36 years ago, we have 36 years of his life and people should be able to testify about his treatment of women over nearly four decades -- classmates, colleagues, ex-girlfriends, female law clerks, any of the 65 women who signed the letter supporting the outstanding character, people that knew him back in 1982.

It's important that America get this right. This is something that the president rightly emphasized earlier today. Take a listen.


PRESIDENT DONALD TRUMP: I really would want to see what she has to say, but I want to give it all the time they need. They are already given it time. They have delayed a major hearing. There is no more -- look, when I first decided to run, even said the single most important thing you do is the Supreme Court justice. OK? We have all heard that many times about a president.

I would say this. I think he is an extraordinary man. I think he is a man of great intellect as I have been telling you and he has an unblemished record.

This is a very tough thing for him and his family. We want to get it over with. At the same time, we want to give tremendous amount of time. If she shows up, that would be wonderful. If she doesn't show up, that would be unfortunate.


HANNITY: Now, like every American, Judge Kavanaugh deserves the presumption of innocence. It's his constitutional right.

This is not a game. Sadly, it's obvious tonight. The left is playing politics trying to derail Kavanaugh's nomination, even if it means unfairly impugning his character, forever rushing to judgment. Watch this.


UNIDENTIFIED FEMALE: Well, it is definitely attempted rape. I don't see it any other way.

SEN. MAZIE HIRONO, D-HAWAII: I think it's appalling. I'm totally disappointed that all the people who have come forward to say we should hear from her and now that she is expecting a modicum of fairness so she is not revictimized are now saying, look, if she doesn't want to testify, we should just go ahead. That is additional callousness from my colleagues that I am totally appalled by.

UNIDENTIFIED FEMALE: When I see what the Senate Republicans are doing today. Yesterday they seemed tentative and nervous. And today, in insisting in a bullying manner that Dr. Ford proceed with the hearing on Monday. I think they are trying to scare her.

SEN. KIRSTEN GILLIBRAND, D-N.Y.: I think what the Republicans are doing is outrageous. They are creating a false choice. They are trying to bully her into testifying on Monday before a full FBI background check is completed.

UNIDENTIFIED FEMALE: I think that she is the one who is taking tremendous, tremendous risk in coming forward. I think she is saying, let me have a fair shot at this. Don't put me in front of a bunch of men on the Judiciary Committee who already predetermined what the outcome should be.


HANNITY: That would be the left. People said from day one, Chuck Schumer said from day one he will stop him with whatever needs to happen, you know, the so-called least funny comedian on television, Joyless Behar, she even took it a step further. This is really dangerous. Take a listen.


JOY BEHAR, COMEDIAN: I grew up that men are supposed to protect you from the predatory males. And they're not doing that. On the contrary. These people in Congress right now, and that Senate judiciary committee, these white men, old by the way, are not protecting women. They are protecting a man who is probably guilty.

If you are not, Judge Kavanaugh, take the lie detector test. Prove it the way she did and the Anita Hill did that they were not lying. Let's see that from you. Or are you a coward?


HANNITY: No presumption of innocence. This is sad.

And sadly, Democrats everywhere are echoing what you just heard from Joyless Behar. Take a listen.


UNIDENTIFIED FEMALE: This woman is to be believed. You can believe Dr. Ford. This was attempted rape. This is a woman who exhibits, Dr. Ford, courage, but the classic signs of post traumatic stress.

SEN. KAMALA HARRIS, D-CALIF.: I believe her. Listen, first of all, anybody who comes forward at this point to be prepared to testify in the United States Senate against someone who is being nominated to one of the most powerful positions in the United States government, that takes an extraordinary amount of courage.

HIRONO: Not only do women like Dr. Ford who bravely come forward need to be heard but they need to be believed. They need to be believed.

SEN. RICHARD BLUMENTHAL, D-CONN.: Let me just say right at outset, I believe Dr. Ford. I believe there is a survivor here. There is every reason to believe her. She has come forward courageously and bravely.


HANNITY: Does anyone give the chance that maybe you can believe Judge Kavanaugh? The constitution be damned? We lock him up and throw away the key. From what happened in 1981, one person, the people say just the opposite about Judge Kavanaugh. How about due process? How about listening to both sides?

This is what the Democrats are willing to do sadly tonight if it means obstructing the nomination of Judge Kavanaugh. And his children are watching, in case you're interested and his wife. In fact, Democrats don't even want a serious investigation in these allegations. You just heard what Senator Gillibrand just said. They just want Kavanaugh blocked. Whatever it takes.

Kirsten Gillibrand herself, she is not even interested in a hearing from Kavanaugh next week. Doesn't want to hear what he has to say. Take a listen.


GILLIBRAND: This is a sham hearing. I don't think she should participate in it.


HANNITY: So, she and the rest of the Democratic colleagues have ulterior motives now starting to backfire. Americans are catching on. They know that Dianne Feinstein sat on Ford's accusations for weeks. This is back in July. She had this information.

She never asked Kavanaugh about it during the private meetings with him, during his public testimony, written questions, over 1,300 written questions. Not one about this. But they knew about it.

Now, all of a sudden, according to Dianne Feinstein, Senator Gillibrand, other Democrats, this is so pressing. Kavanaugh's confirmation must be derailed regardless of whether or not the accuser ever even comes forward and tells her story.

In a letter to Senator Feinstein today, Judiciary Chairman Chuck Grassley summed up the situation best. He said: Sexual assault allegations should not be deployed strategically for the political gain. He is right. And what we're seeing right now is just another sad chapter in what is sadly the Democrats' predictable playbook. We see it every four years, two and four years. Republicans are racist, sexist, misogynistic, homophobic, xenophobic, Islamophobic, they want dirty air and water, they want to kill children, and they want Paul Ryan look-alikes to throw granny over the cliff.

You see it every election season and also during every confirmation hearing just like you are seeing now. Smears, slander, lies, character assassination, no due process, no presumption of innocence, conviction by allegation.

Of course, we have every reason to be skeptical tonight. This is the same party of Keith Ellison. See that guy there? Well, he just got his party's nomination to run for the attorney general in the great state of Minnesota, all while, this is happening currently, his ex-girlfriend is accusing him of domestic, physical and emotional abuse. She tweeted this week that the Democratic Party did not believe her claims despite what is out there including a doctor's report that she had told in 2017 indicating abuse. Instead she tweeted the DNC, quote, smeared, threatened and isolated her.

So, where are the same Democratic senators demanding FBI investigations into him? This is not 36 years ago. This is today.

This is the same Democratic Party of Senator Brown. He walks the halls of Congress despite domestic abuse accusations made by his ex-wife. For some reason, she politically supports him but the record is the record.

And don't forget Professor Ford's attorney. We cannot ignore her record. Debra Katz is a long-time Democratic activist. She has donated tens of thousands of dollars to Democrats.

But more importantly, her track record in previous cases on issues of sexual misconduct allegations when they were made, well, let's show you what she said about Paula Jones.

Paula Jones' suit is very, very weak. She alleged an incident took place in a hotel room by her testimony lasted 10 to 12 minutes. She suffered no repercussions in the workplace.

The allegation was that Bill Clinton pulled down his pants and told her to perform a sex act. Then she said of Jones' accusation, quote, clearly a one-time incident that took place in 10 to 20 minutes. She was not forced to have sex. She left on her own volition. The courts increasingly are finding that this is not enough to create a sexually hostile work environment.

On top of that, Katz also defended creepy Senator Al Franken. Quote: Context is relevant. He did not do this as a member of the Senate. He did this in his capacity of someone who was still functioning as an entertainer.

But he was a senator at the time he did it.

Now, this is highly, bitterly partisan. An attorney clearly, obviously has inconsistent views on this topic to advance a political agenda. It's sad.

And, of course, no Democrats ever demanded an FBI investigation into Paula Jones. She won a settlement of $850,000. Juanita Broaddrick accused Bill Clinton of rape. Kathleen Willey accused Bill Clinton of groping, grabbing, fondling, touching against her will. Yet many of the same senators that are there today all sanctimonious, rushing to judgment, selective moral outrage tonight -- they lived on all things Clinton, women that were smeared, slandered by the Clinton machine, selective moral outrage, obviously pure politics.

And as you can see, we have every reason to be skeptical about the Democrats. Otherwise, they would be saying the same things about Keith Ellison. Otherwise, they would be saying OK, where is the investigation in Juanita Broaddrick's charges? They are playing politics with the Kavanaugh nomination. They are playing politics with the government accountability on top of that.

In other news tonight, we told you Monday, President Trump ordered the department of justice to declassify and release unredacted important documents. Pages 10 through 12, 17 through 24 of the final FISA renewal application on Carter Page, all FBI reports on Bruce Ohr's Russia interviews with Christopher Steele, all reports on Carter Page interviews, thousands of the Strzok-Page texts and Comey, and McCabe and Ohr, and Steele and other people involved in this.

The president is the commander-in-chief. He is also the leader of the executive branch of government, coequal branches of government, separation of powers. He has the clear constitutional authority in the Constitution to declassify information. Article 2, Section 1 of our Constitution reads, quote: The executive power shall be vested in a president of the United States of America. The DOJ and the FBI are under the president's executive power. He is in charge of and constitutionally he alone can determine the issue of classification. Not unredacting things.

According to the Supreme Court, Navy v. Egan, quote: The authority to declassify and control access to information bearing on national security and to determine flows primarily from this constitutional investment of the power of the president.

Both Presidents Barack Obama, Bill Clinton used their authority to declassify information. Obama declassified hundreds of CIA records in 2015. Former President Clinton declassified thousands of confidential documents surrounding the military.

But according to top Democrats tonight, President Trump has no authority to declassify these important FISA-related documents. We got shifty Schiff is calling it an abuse of power that it will put the country at risk. He joined three other Democrats demanding to be debriefed on the declassification before anything is released to public.

John Brennan and others are calling on bureaucrats to defy the rule of law, the clear intent of the Constitution and disobey a president's direct executive order on this and not release the documents. That will precipitate a massive constitutional crisis. As they try to take power constitutionally away from your elected president. This is extraordinarily dangerous. Watch this.


UNIDENTIFIED FEMALE: It's a terrible precedent to have a president trying to make his own personal defense by playing with intelligence.

UNIDENTIFIED FEMALE: This is quite lawless of the president to selectively declassify. You know, he is only putting forward to the American people what he believes helps him completely and recklessly risking sources and methods who could be put at risk and have their lives at risk.

JOHN BRENNAN, FORMER CIA DIRECTOR: I think Christopher Wray, the director of FBI, and Dan Coats, director of national intelligence, as well as Rod Rosenstein, who is overseeing this investigation should push back against any directive that will have a negative impact on our abilities as well as the investigation. So I think they should continue to push, push, push.

If Mr. Trump and the White House does not relent, well, then, I think they have decisions to make, whether or not they are going to just not follow that direction and be fired, or to resign. But if they really believe that this is going to have serious impact on the national security, law enforcement and judicial process, they have an obligation because they took oath of office to Constitution of the United States. Not to Mr. Trump.


HANNITY: What you're witnessing here -- this is why it's so dangerous -- deep state operatives trying to precipitate constitutional crisis in the country because they don't want to be exposed.

Meanwhile, one former corrupt official is now facing a grand jury investigation. Former Deputy FBI Director Andrew McCabe, oh, he's got a new book out in December. Here is the title, "The Threat: How the FBI Protects America in the Age of Terror and Trump." Oh, that means to defy the will of the American people, abuse power, use the tools of the intelligence against the American people?

We have long told you, your federal bureaucracy was biased, corrupt, only at highest level. Not rank and file. Former deputy FBI director in this is the perfect embodiment of this fact. They literally will precipitate a constitutional crisis and try and deny the constitutional authority that is so clear for the president and the executive branch.

Now, look, if we want the deep state development to continue you have to focus on the election, 48 days from tonight. All we have until this crucial, the most important midterms in our life. There is a glimmer of hope tonight, a new poll. Only 4 percent ballot gap in the generic ballot.

Earlier this week in Texas, special state Senate election, Republican beat a Democrat in that district for the first time in 139 years. Ted Cruz is now up by nine points in latest polling, 139 years.

Look, I'm not confident tonight 48 days out that the Republicans will keep the House. I'm not sure they will hold the Senate. I don't have a crystal ball. We cannot be complacent.

The only way that will turn is if you take your responsibility to vote seriously. If you want the Trump agenda to continue. Do you like the extra money in your paycheck? Is America's economy better off than it was two years ago? Are we more secure tonight as a country?

Do you want the president you elected to continue on the path of keeping his promises for a better economy, forgotten men and women left behind in the Obama years? Thirteen million more people on food stamps, 8 million more in poverty.

Forty-eight days, you decide. You get to vote. You have the power. You get to stop the insanity of the left. I hope you are energized.

The president is getting things done. He's not slowing down.

All right. We've got to take a break. When we come back, Judge Pirro, also, Tammy Bruce, and a lot more, coming up. Joe DiGenova, straight ahead and an important announcement.


HANNITY: All right. Joining us now live where things stand on Capitol Hill concerning Judge Kavanaugh and his accuser, FOX News chief national correspondent Ed Henry is with us tonight.

Ed, a lot of breaking news.


Breaking tonight, a new statement from an attorney for Dr. Ford saying she will not testify on Monday, in part, they say because there are only going to be two witnesses scheduled, Dr. Ford and Judge Brett Kavanaugh.

The problem with that approach, of course, is that the other potential witnesses who have come out, other schoolmates of both of them have said they do not have first knowledge that any such incident happened. So, what White House officials believe tonight is that both Dr. Ford legal team and Democrats on the Hill trying to move the goalpost, that when she spoke to the "Washington Post" over the weekend, she said she wanted to be heard.

Republican Chuck Grassley saying tonight he is trying to make sure Dr. Ford is heard on Monday. That's they want her to testify. Instead they think that Democrats have pushed FBI investigation that will never happen as a delaying tactic, that will push this past the midterms.

The key tonight is that three key Republicans who are the swing votes, you see them there, Jeff Flake, Bob Corker, Susan Collins, are all saying that Dr. Ford should testify on Monday. Corker saying if she doesn't show up, the Senate should move forward to vote on Kavanaugh.

Collins, a pivotal woman in the Senate, saying, quote: It is my understanding that the committee offered to hold a public or private session, whichever would make Dr. Ford more comfortable.

That contradicts a claim by some Democrats today that Dr. Ford is somehow being pressured or forced to testimony. Chairman Grassley making clear he is doing everything to make this as easy as possible.



SEN. CHUCK GRASSLEY, R-IOWA, CHAIRMAN, JUDICIARY COMMITTEE: Where I'm focused right now is doing everything that we can to make Dr. Ford comfortable with coming before the committee either in an open session, or a closed session or a public or a private interview. That's four different ways she can choose to come.

SEN. KIRSTEN GILLIBRAND, D-N.Y.: It rings true. How she divulged it, who she's divulged to overtime, over many years, that's exactly what happens when someone has this kind of trauma.

And so it brings true and so we need a proper, professional, appropriate review and hearing and what they are forcing on her right now I think is inappropriate.


HENRY: Now Senator Mazie Hirono of Hawaii, remember, yesterday she said men should, quote, "just shut up." She seem to revealed the Democratic playbook by telling Politico "Since Republicans blocked Merrick Garland from the high court for almost a year, if Kavanaugh fails the Democrats may hold the seat open for two years beyond the 2020 election."

Republicans I spoke to today say that's such an overreach. They think it shows that Democrats are getting desperate in this debate. For the first time, the Republicans privately feel good about Kavanaugh's chances in terms of weathering the storm but nobody is willing to predict that, Sean because there's been so many twists and turns and there more could be coming.

HANNITY: All right. Ed Henry at the White House tonight. Thank you. Joining us now with reaction, Fox News contributor Tammy Bruce, author of the New York Times bestseller "Liars, Leakers, and Liberals," Judge Jeanine Pirro is with us.

My understanding is that you remember this in a couples therapy session in 2012. I'm watching Senator Grassley. They are offering every accommodation. Public or private. Even though the attorney said she would be glad to speak publicly under oath. But they are saying publicly or privately they will come to you. And I think it's right to do it that way I said to myself.

JEANINE PIRRO, FOX NEWS HOST: You know, the amazing part of this, is that they are offering her more than your victim would have in a criminal courtroom. They are offering her privacy. They are almost offering her the ability to dictate who will speak with her and question her. But she is no different than any other victim.

What we want to know is the who, how, when and where. We don't know when it was. We don't know where it was.

HANNITY: She doesn't know the year.

PIRRO: We don't know how she got home. She doesn't know the year. She doesn't -- and we don't expect peripheral facts.


PIRRO: What we expect is the fundamental recitement of what happened and she can't give us that. And what she wants is more rights than other victims have in criminal courtrooms across the country.

HANNITY: And they have -- Senator Grassley haven't even turned over the unredacted letter from July.


HANNITY: So, all of a sudden, glad to speak publicly under oath. Now there is a list of conditions and it's growing every day. It's interesting the timeline is the same as Biden set up for Clarence Thomas.

TAMMY BRUCE, FOX NEWS CONTRIBUTOR: It sure is. So, look, we've heard that song before. The fact is, Dr. Ford and the Democrats have been in complete control of the timing from the beginning. Haven't they? Starting with when they decided to reach out to eschew and then to Feinstein and the Washington Post hotline. So they've been in control of the timeline.

So this argument that she is being bullied and in this rush of a hearing is absurd. I would posit that in fact she has been mislead, that Dr. Ford is in fact perhaps not in charge of any of this at all. I think she was likely promised something that she wouldn't have to testify.

I think Dianne Feinstein thought the accusation alone would knock this nomination off of its seat. And that's what they expected. She is finding, the doctor is finding and they are all finding they were wrong.

And now you know what they are doing, they are infantilizing her and they are re-victimizing her by saying she is emotionally not prepared, she is being bullied. She can't do it. She is afraid. And repeated comment about attempt rape, assault.

This woman now after dealing with this and creating a very strong life, top of her field, a family. A strong woman is now being revictimized by the framework of rhetoric and we should all be upset by that and certainly offended at the least.

HANNITY: I am worried guilt by accusation, I am worried about a rush to judgment. I am worried about no presumption of innocence. I am worried this will now follow Judge Kavanaugh, just the allegation, for the rest of his life. His young daughter -- do we not give anybody a chance? I believe her. I will tell everybody I don't know.

PIRRO: Look, every--


HANNITY: Because I wasn't there. And neither was anyone else.

PIRRO: Every prosecutor understands when you investigate, prosecute, try and sentence these individuals that everything is at stake. Their civil liberties, their reputation, their character.

And what we have here is on the part of the left, they are basically saying we don't want to have true justice here, we want everyone to believe her from the get-go.

But I ask you this. Number one, what in Brett Kavanaugh's background suggests in any way, shape, or form that he disrespects women? What in his background for the women that work for him, dated him, went to school with him, none of this has ever shown up. And they want to accuse him of putting his hand over her mouth, of attempted rape as if they know what that is. We are not even close to that in terms of the facts that are alleged.



PIRRO: In the end, what we have are accusations and we should believe them and not give him a right to speak.

BRUCE: And if I could add with your whole opening which is brilliant, what they are also doing is they're saying only a certain kind of woman matters. Only if you pay allegiance to the liberal point of view and the liberal narrative will you be taken seriously.

Conservative women do not count. They are making this a partisan issue. Now if you are facing domestic violence, a sexual violence, rape or harassment, that, of course, transcends politics. What they are doing is they're dismissing an entire category of American women.


HANNITY: Keith Ellison, their love of Clinton. Is there going to be an FBI investigation--

PIRRO: Of course not.

HANNITY: -- for Juanita Broaddrick?

BRUCE: Of course not.

HANNITY: He fell in this now none of these senators have--


PIRRO: That is a local crime. It depends on whether the accused is a Republican or a Democrat. If it's Bill Clinton he can accused of rape or sexual assault and these women shouldn't be believed. But Brett Kavanaugh that needs to believed.


HANNITY: I will say this about the Republicans and I'm very critical of Republican. Every accommodation, the president too, every accommodation rightly is being offered.


PIRRO: They've done a very good job in this regard.

HANNITY: But I also will say Brett Kavanaugh does deserve the presumption of innocence.

BRUCE: Absolutely. He is entitled to it.

HANNITY: Everybody is.

BRUCE: She can only really be taken seriously and in our system of the presumption of innocence works on behalf of even so that we can believe everyone.

HANNITY: I got to thank you both. When we come back, Gregg Jarrett, Joe DiGenova. Later, the House intel committee chair Devin Nunes and we have a big announcement at the end of show. You're going to want to hear it. Straight ahead.


HANNITY: All right. Joining us now with more on the Democrats' effort to derail the Kavanaugh nomination. Author of the New York Times number one bestselling book, "The Russia Hoax," Fox News legal analyst, Gregg Jarrett. Also in studio a rare appearance, U.S. attorney for Washington, D.C., Joe DiGenova. You have done great work for me in the past. I have a lot of people that hate me. Good see you, my friend.


HANNITY: You and Victoria are very strong people and great lawyers. You watch this unfold. I've really truly believe in the process that people are innocent until proven guilty. That is a fundamental right of ours. That is being tossed to the wind.

DIGENOVA: Of course it is.

HANNITY: I also agree that the Republicans have taken it seriously and that they are giving Professor Ford every accommodation, which I think the right thing to do.

DIGENOVA: Have to under this circumstance. They have given her an opportunity to testify after these horrendous process which Senator Feinstein has hoisted on the Senate and the American people in a complete abrogation of senate responsibility.

This is one of the great shameful moments in the history of the Senate and she should be ashamed of herself. And so should every Democrat on the committee. Not just but because of what they are doing to Judge Kavanaugh but what they are doing for the Constitution.

HANNITY: What about Bork, what about Clarence Thomas? Like just every two, four years in elections, Republicans are racist and sexist and they ran through all of this, and throw granny over the cliff.

DIGENOVA: The Democrats care about one thing, power. That's what this is about. And they are trying to delay a vote on this nomination so that it does not occur. And the Republicans must not let that happen. Because if they do not confirm Judge Kavanaugh they will lose the Senate.

HANNITY: Senator Collins, I don't always agree with her. She said it's not fair to either side. She is right.

GREGG JARRETT, FOX NEWS LEGAL ANALYST: Right. And the explanation we are getting from Christine Blasey Ford doesn't make sense. Citizens don't get to demand a federal investigation. There is nothing in the law or the Senate rules that give a witness a right to insist on an FBI investigation as a--


HANNITY: It's not a federal crime.

JARRETT: -- as a condition precedent to testifying. It's baffling to me that Ms. Ford was more than willing to sit down to the Washington Post and tell her story without demanding that they conduct an investigation, yet, she will not sit down and talk to the Senate judiciary committee unless there is an investigation.

Whatever the FBI might or might not find should have no bearing on her ability to simply tell the truth.

HANNITY: Let me ask you about another issue that is a constitutional issue. I can't believe that article two, section one of or Constitution, the president is in charge of the executive branch. He has asked to declassify and he's asked for unredacted information. FISA warrants 302s.

We have former CIA directors and current members of the House and the Senate saying defy the president's constitutional authority. They are doing that tonight. Shredding the Constitution.

DIGENOVA: And there is reason for it. Because they have much to fear. Because Mr. Brennan, Mr. Clapper, Mr. Schiff is covering up for them. Mr. Schiff is a co-conspirator in an effort not only to undermine this president but to destroy this president and violate the Constitution by subverting the election.

He knows that what was done prior to the election and after was criminal conspiracy with Brennan, Clapper, Comey, Strozk, Page, Baker, McCabe--



DIGENOVA: -- everybody involved in it. And what they are doing now is they don't want any of this information to come out because if it does, and as it comes out gradually, it will show categorically they engaged in a criminal conspiracy to frame a sitting president of the United States.

HANNITY: Will these people be indicted?

DIGENOVA: I expect that ultimately they will.

HANNITY: All of them.

DIGENOVA: Al of them.

HANNITY: Gregg, what do we expect when we get this information?

JARRETT: I'm told the information will come out next week. But in trenches, that is groups. Slow drip, drip, drip. I'm also told that Dan Coats, the DNI, as well as Christopher Wray the FBI director and Rod Rosenstein who has much to hide and cover up here by virtue of his own--


HANNITY: Signed the last FISA warrant.

JARRETT: -- misconduct will still redact some portions in defiance of the president's order. If they are in good conscience feel like they cannot do it, they should resign. In the alternative, the president should fire them for insubordination for refusing a direct order.

HANNITY: This is a very scary time because the Constitution is clear on executive power.


JARRETT: Article two, section one defying the first sentence.


HANNITY: Defying the president of the United States is a scary time. You guys have been amazing. Thank you both. Congrats on the book and congrats - - you're one -- I don't want to ever be on the other side of you. You're pretty tough. All right.

When we come back, Kristin Fisher has the latest on the president's order we're just talking about to declassify the FISA documents, the 302s. Then we will speak exclusively to the House intelligence committee chairman, Devin Nunes. Also we have a big announcement that is about tomorrow. That is straight ahead.


HANNITY: All right. Here with the very latest on President Trump's order to declassify FISA documents in the Russia probe, Fox News correspondent Kristin Fisher. You know, I thought just a week or so ago. Kristin, that we had Spartacus. Spartacus believed in openness and transparently. Where is Spartacus now? Anyway, how are you?

KRISTIN FISHER, FOX NEWS CORRESPONDENT: I'm great. Excellent question, Sean. But you know, President Trump, he is continuing to defend his decision to declassify those documents. He is even putting it on par with what he considers to be the administration's top accomplishment from tax cut to rolling back regulations.

He said in an interview with The Hill, quote, "I hope to be able to put this up as one of my crowning achievements that I was able to expose something that is truly a cancer in our country."

But Democrats say the material which includes a FISA warrant and text messages from former senior FBI officials is simply too secret to make public. They are also accusing him of trying to discredit an investigation in which he himself is a subject.

Quote, "President Trump and the White House should not be given access to any given sensitive law enforcement or national security information related to an ongoing federal investigation examining conduct by the president, his campaign or his associates."

But keep in mind, the Justice Department said that it's already started to comply with the president's order. Though, Sean, it's still too soon to say exactly when those documents might be released.

HANNITY: I'm hearing it might be next week by my sources. Kristin Fisher in the Washington Bureau tonight. Thank you.

Joining us now exclusively is the chairman of the House intelligence committee, Congressman Devin Nunes. On the issue of challenging the president's executive authority it is clear constitutionally.

Article two, section one, gives the president unfettered authority overall executive branch matters. The executive powers will be vested in the president of the United States. This isn't even a question, is it?

REP. DEVIN NUNES, R-CALIF.: It's quite clear, Sean. Thank you for having me on again as usual.

This is quite clear. This is not complicated. We have seen most of this information. In terms of the FISA it's only 20 pages. All you have to do is make a copy and send it out and put it on the internet. So at this point I don't understand why it hasn't been declassified. The president said declassify it immediately without redaction.

HANNITY: Is there any national security concerns?

NUNES: No. We have heard this same story over and over again. The same people that are out there that are running around saying, there are national security concerns with this. We are going to reveal some sources and methods happen to be the same people who are involved.

They are either covering it up for their agency or they are involved. And that's totally unacceptable. And this is why we have to continue to get this message out to the American people that have been force fed this Russian Kool-Aid. This is just Russian Kool-Aid that was force fed on the American people for two years. Two years, Sean.


HANNITY: Mr. Chairman, let me ask you this. You said that declassification will explain the Strzok-Page insurance policy. Explain that and what else will we learn that you can tell us from when we get the unredacted information?

NUNES: Well, we believe the insurance policy that many people know about that was text -- that was around August that there were text messages on that. August 16. We -- a lot of people believe that that was actually the FISA itself on Carter Page. We actually don't believe that.

We believe they were very concerned about the dossier. We believe they know they were trying to snooker the FISA court and fool the judges. And they needed something else. And so James Comey has called it a mosaic of facts. We need to see the rest of those facts and that's what we want released.

HANNITY: And Lisa Page said for nine months they were not able to find anything and then we learned about a media leak strategy that seems to now be coming together, isn't it. Do you believe people in the highest levels of the FBI and the DOJ committed crimes against the United States and tried to undo presidential election?

NUNES: I think many crimes could have been broken. I have said this numerous times that I don't know how DOJ and FBI investigate themselves because they are all implicated in this. I'd like to see them do that. But they are not taking action on it.

As it relates, I want to make another point. The text messages between all of them and the next messages they were sending, you don't get to send out classified information on your cell phone. It's not classified. If it's classified, then right there and then they should be held accountable because they broke the law if they were sending classified information over cell phones. So that should be declassified immediately.


NUNES: So, look, I don't know that I believe some of the news stories that are out there. However, many news reporters have now said that they are stalling. That people within the DOJ and the FBI are stalling on purpose.


HANNITY: That's what I'm hearing. And you will release the key Russia deposition before the election. I only have a second.

NUNES: That is correct. Yes.

HANNITY: All right, Mr. Chairman. Thank you for being transparent. We appreciate it. All right. Huge announcement. Don't go anywhere.


HANNITY: All right. Tomorrow we will be broadcasting live from Las Vegas. President Trump is slated to hold a rally in Vegas in city. And we will be there to cover it. We'll be doing the show from the actual arena where the president will be giving his address.

Sara Carter, Gregg Jarrett, Judge Jeanine Pirro will all be on set with us from Vegas. And the president will join us for an exclusive interview. That's tomorrow 9:00 Eastern, all happening right here on "Hannity." We're always fair and balanced. We're not the destroy-Trump media. Let not your heart be troubled. The news continues as busy news night. Laura Ingraham in the swamp.

Content and Programming Copyright 2018 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2018 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.