'Tucker Carlson Tonight' investigates Brenda Snipes

This is a rush transcript from "Tucker Carlson Tonight," November 9, 2018. This copy may not be in its final form and may be updated.

BRIAN KILMEADE, GUEST HOST: Good evening and welcome to "Tucker Carlson Tonight." I'm Brian Kilmeade, once again filling in for Tucker, while he enjoys a vacation with his family well earned.

The most controversial battles of the 2018 mid-terms are being fought right now in, guess where, Florida. On Election Night, Governor Rick Scott had a big lead over incumbent Senator Bill Nelson for that Senate seat.

But since then, a constant stream of votes in Left-leaning Broward County and Palm County has appeared to chip away at Scott's leads, who went from 40,000 now to around 15,000. There's plenty of reason to be suspicious of that as well.

Now, Broward County has a long history of electoral problems. Let me refresh your memory. In 2000, they contributed to the Florida recount mayhem. Just two years later, primary election in the County was a disaster with broken voting machines, uncounted ballots, no-show poll workers.

2003, they get their act together? No. More than 17,000 mail-in votes were returned as undeliverable. In 2004, County officials grossly mishandled absentee ballots keeping thousands from reaching voters in time. It's only gotten worse more than a decade later.

In 2016, the County was sued, once again, for mishandling absentee ballots and was also caught illegally destroying ballots even as a lawsuit over primary outcome was pending. The woman responsible for that is still in charge of counting Broward's votes today, and that is mind-boggling.

Yesterday, on this program, Marco Rubio denounced the whole process for violating Florida's own election laws. Today, President Trump joined in on the attack.

(BEGIN VIDEO CLIP)

DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES: If you look at Broward County, they have had a horrible history. And if you look at the -- the person, in this case, a woman, involved, she has had a horrible history. And all of a sudden, they're finding votes out of nowhere.

There's bad things have gone on in Broward County, really bad things.

(END VIDEO CLIP)

KILMEADE: And the President's off in Paris now. Various members of the press though claim that simply by being concerned about possible fraud, it's the GOP, not Broward County that is behaving like a banana republic.

(BEGIN VIDEO CLIP)

CHARLES JOSEPH SCARBOROUGH, MORNING JOE CO-HOST, MSNBC: You actually have Republicans Marco Rubio in the fevered swamp of conspiracy theories.

Donald Trump like (ph) this is third world--

MIKA EMILIE LEONIA BRZEZINSKI, MSNBC'S MORNING JOE CO-HOST, FORMER CBS NEWS CORRESPONDENT: Can it be a little less obvious?

SCARBOROUGH: --this is third world country stuff coming from the Republican Party.

MAX A. BOOT, AMERICAN AUTHOR, CONSULTANT, EDITORIALIST, LECTURER, MILITARY HISTORIAN: Listening to Rick Scott, I mean his primary evidence that there is fraud seems to be that his voter margin is going down, which would seem to be an indication that he's not getting as many votes as he would like.

CHARLES MCRAY BLOW, AMERICAN JOURNALIST, COMMENTATOR, VISUAL OP-ED COLUMNIST FOR THE NEW YORK TIMES: What we see proof of is the exact opposite of what he's describing, which is actually voter suppression, not fraud.

(END VIDEO CLIP)

KILMEADE: Right. Even though they were supposed to tell us how many votes there were by closing time, 30 minutes after the polls closed, we're still doing this two days later. But it's Republicans that are really showing voter suppression.

Craig Patrick is the Political Editor and Chief Investigator at WTVT for Fox Tampa Bay's affiliate. He's covered politics in the area in Florida for many years, and joins us tonight.

Craig, it's always Florida. And again, we're brat -- we're back in Broward County. What's the latest? I mean I -- I'm sure you spoke to the -- to the Scott camp too. I just spoke to them 10 minutes ago and they said they got -- a Judge said 7 o'clock Eastern Time, I want all the ballots to the Scott camp. They got them. They said they call it a huge document dump. But it's not actual documents. It came to them in terabytes.

What can you tell us?

CRAIG PATRICK, WTVT FOX TAMPA BAY POLITICAL EDITOR AND CHIEF INVESTIGATOR: I can tell you that Broward County has had a long history of blunders that predates this by a -- a wide clip.

If you're looking at why these ballots keep trickling in, the vote count keeps going up, this is coming from provisional ballots all across the state, people who showed up at the wrong precinct or maybe didn't have their ID combined with some vote-by-mails that came in on Election Day.

And those are trickling in from some Republican strongholds too in North Florida, but it is disproportionately, absolutely Southeast Florida and Broward County. You gave a great summary of the problems Broward County has endured. But the list goes on and on.

We're talking about a county a couple of years ago that forgot to print a medical marijuana amendment on some of the ballots leaving it blank that at one point, a while back, released vote totals while people were still voting. Oops, you weren't supposed to do that.

And with that, Republicans and Democrats alike are very concerned about Broward for different reasons. Democrats concerned that maybe a goofy ballot may have caused a lot of people to overlook the Senate race because it was tucked in the lower left below the instructions may have cost Bill Nelson votes.

Then you have the Scott camp, Marco Rubio and others looking at Broward County's recent history of breaking the law, illegally destroying ballots, raising suspicions in their minds as well. And with this, once again, it's all about Florida, and it is all focused on Southeast Florida.

KILMEADE: The way I understand it, Craig, and correct me, by noon tomorrow, Broward County's got to tell us who voted for who and -- and what the -- what the totals are. Now, they were supposed to--

PATRICK: Yes, yes.

KILMEADE: --right? So, 30 minutes after the polls closed--

PATRICK: Yes.

KILMEADE: --they were supposed to submit all their ballots. They didn't. So, for Republicans to -- for a Republican candidate to win and then to hear about uncounted ballots and then see their lead dissipate knowing that they broke the -- they broke the rules already, why is that voter suppression? You just can't have votes coming in for weeks. That's called we had a -- the kids head off (ph) from school for a reason. It was Election Day.

PATRICK: And that's exactly Governor Scott's position on this. The Democratic position would be because of the blunders that exist in Broward County that go way back in time under the leadership of Snipes who was appointed by former Governor Jeb Bush.

She is a Republican appointee. They have qualms with long-running blunders that they say have affected Democrats and Republicans alike. And again, they point to what they think may be either a machine calibration issue or a funky design of a ballot, in which case a race like this one--

KILMEADE: Right.

PATRICK: --can be easily overlooked. This is something though that's going to come out in the wash. We will find out in the course of a recount if there is something to that or not.

KILMEADE: And by the way, when you mean by funky ballot, evidently, the bottom left you would know you voted of the -- of the ballot was the senate race, up top was the governor's race, so everyone seemed to vote for governor--

PATRICK: Yes.

KILMEADE: --and not as many for senator. A lot could be because you had an exciting brand new candidate, Andrew Gillum. That was a lot more interest it seems in the governor's race regardless. Democratic lawyers are going to push on this and basically try to devalue the ballot. They're going to look for a -- another statewide count.

But we're not talking about 500 votes. We're talking about now 14,000 votes and over 30,000 votes--

PATRICK: Yes.

KILMEADE: --in the -- in the governor's election. Unbelievable. Craig Patrick--

PATRICK: I -- I think, yes--

KILMEADE: --thanks so much.

PATRICK: --thank you.

KILMEADE: All right. Meanwhile, protesters in Florida are denouncing Brenda Snipes. You saw that, split the screen with them there. I should have explained that to you, people going crazy. The Broward County Supervisor of Elections.

(BEGIN VIDEO CLIP)

(CROWD CHANTING USA)

UNIDENTIFIED FEMALE: Supervisor of Corruption (ph).

UNIDENTIFIED FEMALE: Supervisor of Corruption (ph).

UNIDENTIFIED FEMALE: Supervisor of Corruption (ph).

UNIDENTIFIED FEMALE: Supervisor of Corruption (ph).

UNIDENTIFIED FEMALE: Supervisor of Corruption (ph).

(END VIDEO CLIP)

KILMEADE: So who is Brenda Snipes? And why is she provoking such a strong reaction? Why does she still have a job? Lisa Boothe is a Senior Fellow at the Independent Women's Voice. She joins us right now from undisclosed location.

LISA BOOTHE, FOX NEWS CO-HOST, OUTNUMBERED, INDEPENDENT WOMEN'S VOICE SENIOR FELLOW: Hi, Brian.

KILMEADE: I just saw you Lisa. Why aren't you in studio?

BOOTHE: I'm in D.C. visiting family. So--

KILMEADE: All right. Now, you're supposed to check-in (ph) with me today. So, Lisa, who--

BOOTHE: I'm sorry. I'm sorry.

KILMEADE: --who -- who is this woman?

BOOTHE: Well, it's your former guest comment, she was appointed by Jeb Bush in 2003. But she is a Democrat and she has been elected ever since to the position of the Supervisor of Elections for Broward County.

Now, Broward County is the second most populous county in the state. It is also the most Democrat as well. And it's not just Republicans who have been critical of her either. The Miami Herald called Broward County the most controversial Department of Elections in Florida.

So, she's also received wide criticism from all around, really dating back to even 2004, where she failed to send out, I think it was something like, over 50,000 absentee ballots from individuals who had requested them.

But also, just look at what happened in this year alone. A Judge just ruled that she was in violation of Public Record Laws from Florida for not fulfilling Rick Scott's campaign's request.

You also go back to May and a Federal Judge found that she was in violation of both state and federal law for illegally destroying ballots in regard to a 2016 primary between Debbie Wasserman Schultz and a Bernie Sanders guy, who sued.

And mind you, the destroying of these ballots happened in the midst of a lawsuit she was facing regarding public records request regarding those ballots. So, that's kind of sketchy.

And then, you also go back to August and a Judge ruled in flavor -- favor of the Florida GOP that she was privately looking at absentee ballots so that they couldn't be contested or looked at by other people, a judge ruled in favor of the Florida GOP regarding that.

She's also gotten in trouble for releasing voting information 30 minutes prior than the closing of the polls in--

KILMEADE: And that was 2016.

BOOTHE: --2016, when that's -- it was actually the same primary where she got in trouble for destroying the ballots with--

KILMEADE: Right.

BOOTHE: --Debbie Wasserman Schultz. So she -- there's been a whole, you know, a whole thing--

KILMEADE: Right.

BOOTHE: --even dating back to 2004 that she's received criticism over.

KILMEADE: Right.

BOOTHE: And it's not just from Republicans.

KILMEADE: Lisa, not only is she doing a bad job. Almost anybody else in the state could be doing a better job. So I -- so I asked the Governor's Office. I said, "Why isn't she fired?" And they said, "It's a lot harder to fire somebody if they're elected."

So there's it's much more complicated than, let's say, you or I. We can get fired right away, you know? But now, I guess it's a little different there. Bottom line is she -- that's where the focus is. It's extremely Blue area. You cannot blame the Scott camp for being worried.

BOOTHE: Well and he--

KILMEADE: Final thought?

BOOTHE: --well he could have removed her for incompetence. There's precedent for that. The person that was in that job before her was removed for that very reason. My understanding is that's not really the approach of the, you know, Rick Scott administration.

But I -- I think it's very clear. She's incompetent. And there's a lot of questions regarding what she's doing in Broward -- in Broward County.

KILMEADE: All right. Let's see tomorrow, Saturday at noon, we're supposed to get the totals. Hopefully--

BOOTHE: Right.

KILMEADE: --we can move forward from there. Lisa, thanks.

BOOTHE: Thanks, Brian. Have a good night.

KILMEADE: You too, OK.

Events in Florida evoke another high-stakes race nearly two decades ago, the 2000 Florida presidential recount. Could Democrats be seeking a more successful replay of that election?

Ken (ph) Blackwell is a former Ohio Secretary of State and Senior Fellow with the American Civil Rights Union. The ACRU took part in the 2000 recount fight and, more recently, sued Broward County's Election Supervisor for not adhering to federal law to keep accurate voter rolls.

Man, were they ahead of their time? The case is now before the 11th Circuit Court of Appeals. Can I laugh -- Ken Blackwell, great to see you. Can I laugh when other networks--

KEN BLACKWELL, AMERICAN CIVIL RIGHTS UNION SENIOR FELLOW, FORMER OHIO SECRETARY OF STATE: Brian, good to be with you.

KILMEADE: --or other channels or commentators say the Republicans are trying to suppress the vote. What are you talking about? The voting day is over. They're the ones who didn't hit the bar they were supposed to.

And now, when Republicans say why are we still counting votes, they -- they say the Republicans are being aggressive, you know, trying to -- to change a verdict. They would -- Rick Scott was up by 40,000.

BLACKWELL: Oh absolutely, look, the -- the -- the forces on the Left, the Democrats and -- and -- and their allies are trying to push this to what I call within the margin of litigation. They -- they -- they are manufacturing voters and they're doing it with an architect, Superintendent Snipes, who has a record of gross incompetence and -- and fraud.

And -- and it is a shame that she's still in this position given the fact that through her own admission, she -- she lacks the -- the management skills to provide an election that has integrity and has the -- the confidence of the -- of the voters.

Brian, look, at the end of the day, what is going on now is akin to a banana republic and a failed state. And that's -- that's a shame because the people of -- of Florida, the legitimate voters who came out--

KILMEADE: Right.

BLACKWELL: --and -- and voted cannot have their legitimate ballots negated by corruption--

KILMEADE: Right.

BLACKWELL: --fraud and -- and voters who are being manufactured.

KILMEADE: Ken, you're one of the few people that I'm going to be speaking to tonight for the next few weeks that knew how bad this was before the election and was actually taking action against it.

How did we get to this point where she's still had a job, that Broward County wasn't straightened out, that 67, 66, or 65 other counties got their act together, went electronic after the embarrassment of 2000, and this one still hangs in the balance?

BLACKWELL: Well look, let me -- let me go to -- to the Bible on this one. In John 3, there's a saying, "Those who would do evil love the darkness." We have been pushing and pushing for transparency, and there has been a great resistance to that transparency.

And so, in the shallows (ph), you know, we are now witnessing the manufacturing of voters. You know, we're -- we're -- we're seeing a welcome mat to Voters Without Borders. And as a consequence, what we have now at risk is the integrity of the election that could change the course of governance in America.

KILMEADE: Well, the documents did come in as lawyer -- at the -- as the Judge demanded today. They do not know how many ballots. The Scott camp is now count -- counting them by noon tomorrow.

Broward County has to come up with a -- a decision on who voted for whom and how many. We still do not have the overseas and military ballots. That's typical. We don't know if we're going to have to dip into them.

BLACKWELL: Absolutely. Absolutely, Brian. Look, you know, the great Vince Lombardi used to always say, "His team's never lost the game. Sometimes, the clock just ran out on them."

Well, you know, if you look at what's going on in Broward County, what they are basically saying is that they don't lose elections because they don't let the clock run out--

KILMEADE: Right.

BLACKWELL: --until they manufacture the voters that they need to win the election. That's just crazy.

KILMEADE: Two quotes you gave you. John and you gave me Vince Lombardi. Good job. Thanks a lot, Ken Blackwell. Appreciate it.

BLACKWELL: Good to be with you.

KILMEADE: All right. I hope we will get a resolve to this.

Meanwhile, Florida is not the only election that has gone haywire at the last minute. In Arizona, Democratic Kyrsten Sinema has taken a 20,000 vote lead over Martha McSally. What's happening there? We'll examine it, next.

(COMMERCIAL BREAK)

KILMEADE: All right. On Tuesday night, it looked like Republican Martha McSally had managed to defeat Kyrsten Sinema in Arizona Senate race. That's what the polls were trending, and that's what we thought the result was.

But, just like Florida, more votes have been surfacing, and they've been trending heavily Democratic. Yesterday, Sinema managed to take the lead for the first time in the tally by about 9,000. President Trump weighed in today.

(BEGIN VIDEO CLIP)

TRUMP: Now in Arizona, all of a sudden, out of the wilderness, they find a lot of votes. And she's -- the other candidate is just winning by a hair.

(END VIDEO CLIP)

KILMEADE: All right. Now we're joined by Trace Gallagher. Trace, I understand Sinema's expanded her lead up to o -- over 21,000 now today. Is that correct?

TRACE GALLAGHER, CORRESPONDENT, FOX NEWS: It is. And it's all about the mail-in ballots and where they fall, Brian. The way it works is in Arizona, if the signature on the mail-in ballot does not appear to match the signature on the sealed envelope then election workers in all 15 counties call the voters and try and fix or cure the issue. In fact, they call it curing.

But Maricopa and Pima Counties, urban areas where Democrat Kyrsten Sinema performed better were allowing ballots to be cured after the election. So, Republicans sued to stop the process, saying calling voters after Election Day is a violation of state law.

They argued that if some counties were allowed to cure ballots for several days after the election, then all counties had to be allowed to do the same thing. And today, a Judge agreed, giving the entire state until November 14th to end the so-called curing of ballots.

Experts applauded the added oversight. But they say it really should only affect a small number of votes. President Trump, you said earlier, weighed in. He also said and I'm quitting -- tweeting -- quoting here, "Just out in Arizona, signatures don't match. Electoral corruption. Call for a new election? We must protect our democracy!" though it is very highly unlikely that a new election will happen in Arizona.

Brian?

KILMEADE: Well we might have to wait till next Wednesday, right Trace?

GALLAGHER: Exactly. Next Wednesday, the 14th you should find out by 7 o'clock Eastern Time exactly what the final count should be.

KILMEADE: Meanwhile, Trace I know you're occupied with the fire raging through Southern California. Thanks for concentrating on Arizona for us. I appreciate it.

GALLAGHER: Yes.

KILMEADE: Yes.

GALLAGHER: Yes.

KILMEADE: Wiping out everything.

Meanwhile, Chris Hahn is a radio host and former aide to Senator Chuck Schumer. He joins us right now. So, know what, I don't really see much of a scandal in Arizona. The more people I talk to from Arizona they just say this is kind of the way we do things, which is something we should probably examine--

CHRISTOPHER HAHN, AMERICAN POLITICAL COMMENTATOR, DEMOCRATIC PARTY ACTIVIST, RADIO SHOW HOST: Yes.

KILMEADE: --because we do have to wait till next Wednesday. I understand, Chris, with Sinema up top, she does have to tighten her belt because the counties that have -- that have been uncounted, the ballots are up to 457,000 uncounted, and some of them are in strong Red areas, how do you expect this to go?

HAHN: I expect Sinema to win. I think this margin will hold. Probably, she might even increase it a little bit. Most of the outstanding ballots are either in her Congressional district or in Maricopa County, which is the home of the biggest city in Arizona. She's going to win this election.

I think, most Republican strategists I've talked to last couple days feel the same, and they're just counting the ballots out there. I know the President's trying to -- to put a -- a spin on it. But no, they're counting. That's what they do after an election.

They have mail-ins there. And the worst thing a -- an Election Commissioner wants is a close election because you wind up going a couple of days after and people get frustrated. We're in a instant gratification culture, and we're just going to have to be patient. They -- they don't take office till January 1. We've got plenty of time to figure it out.

KILMEADE: So, if you're Rick Scott, do you blame him for being a little ticked off today? Even though he's the Governor of the State, he's looking at Broward County and he just cannot believe that this -- that County and Palm County are the two ones who don't even get close to doing what they're supposed to do, again. And that is telling us how many people voted 30 minutes after the polls. 65 other counties did it. No problem.

HAHN: You know, if I'm Rick Scott, I'm thanking Broward County because--

KILMEADE: Oh.

HAHN: --they messed up the design of their ballot and 25,000 people didn't vote for United States Senator. Those same 25,000 people voted for Agricultural Commissioner. I'm pretty sure that they weren't excited about Agricultural Commissioner. So, he should be thanking them, not using the power of his Office to try to intimidate election workers, who have till tomorrow--

KILMEADE: Right.

HAHN: --to give him the results. And if he's got a problem with the way things are going there, that's what the courts are for. He went into court today to seek some relief. He got access to those ballots. And I think we should let it play out. Let's see where the votes go. They're going to count all the votes. And really, the margin of victory here might be those 25,000 ballots--

KILMEADE: Right.

HAHN: --so he should be happy for that incompetence. And I don't like that incompetence at all. But I don't think there's a lot of dubious activity when it goes to counting the votes there right now. But there is dubious activity when the Governor of the State of New York -- of -- of -- of Florida utilizes his Office to intimidate those workers--

KILMEADE: Intimidating?

HAHN: --and then Conservatives -- Conservatives send a mob to protest--

KILMEADE: Right.

HAHN: --outside of them as they're trying to do their job.

KILMEADE: Right. And by the way, Chris, I don't know if you have a monitor there, but we're actually splitting with a live shot of Fort Lauderdale as they ask each other, "How did we get into this mess, again?"

When you'd say -- when you look at this, if you're Rick Scott, I don't know what he could do from county to county. But in Broward County, which, as you know, is mostly Blue, they have been riddled with--

HAHN: Yes.

KILMEADE: --riddled with problems.

In 2000, we know about what they did with broken machines, uncounted ballots, and no-show workers, undeliverable ballots, absentee ballots. In 2016, Chris, they closed -- they closed the -- and posted the election results 30 minutes before the election actually ended while the polls were still open in the county. They have been a mess. So right now--

HAHN: Yes.

KILMEADE: --they're holding everything up. So, if you look at what they're doing--

HAHN: Well--

KILMEADE: --they're the ones who missed their deadline.

HAHN: Yes. Look, the deadline's tomorrow at noon. And they're going to, if -- you know, hopefully they'll make that deadline. And remember, that's one of the biggest counties in Florida. These small counties where, you know, they seem to go overwhelmingly for Scott and DeSantis, they don't have as many people as Broward.

In fact, there are more people in your building right now than in some of those counties. So there's -- there -- you know, there's a reason why this takes a little bit long -- longer. And hopefully, they -- they get it done right. But we need a uniform system so that this doesn't happen.

KILMEADE: Lets you and I go down to Broward County and make them -- make them drill days before to get it done. There are bigger counties with more ballots and they're able to pull it off. But again, we're stuck in Florida. And again, we're stuck with controversy.

HAHN: I agree.

KILMEADE: Hey, you know who's getting rich?

HAHN: I'm with you, Brian--

KILMEADE: The lawyers.

HAHN: --but you're buying.

KILMEADE: You got it, absolutely.

HAHN: I'm with you.

KILMEADE: All right, thanks Chris.

HAHN: OK.

KILMEADE: Great to see you. Have a--

HAHN: Thank you, Brian.

KILMEADE: --have a fantastic weekend. All right, we'll see how that goes.

Meanwhile the mid -- the mid-term elections have done nothing to stem the Left's meltdown over Russia, and the Mueller investigation. That story is next.

(COMMERCIAL BREAK)

KILMEADE: All right. President Trump has landed in Paris. The President is in France to celebrate Armistice Day on November 11th, which will mark the 100th Anniversary of the end of World War I.

And just before arriving, the President kind of ticked off, tweeted angrily about French President, Emmanuel Macron, writing, "President Macron of France has just suggested that Europe build its own military in order to protect itself from the U.S., China and Russia. Very insulting, but perhaps Europe should first pay its fair share of NATO, which the U.S. subsidizes greatly!"

We'll continue to cover the President's visit to France unscripted, always fun, throughout the weekend.

Meanwhile, with the 2018 mid-terms finally over, you might have hoped that the Left-wing protesters would finally calm down. After all, they got the House. But if you did hope for that, it was a foolish hope.

In coordinated rallies across the country, last night, protesters turned out to protest in support of Mueller investigation and against the firing of their new idol, Jeff Sessions. Talking heads in the press played along.

(BEGIN VIDEO CLIP)

MICHAEL FRANCIS MOORE, DOCUMENTARY FILMMAKER, LEFT-WING ACTIVIST: We now have a constitutional crisis within the constitutional crisis. We now have a state of emergency within the state of emergency. This has gotten very dangerous.

MATTHEW MILLER, PARTNER AT VIANOVO, MSNBC JUSTICE & SECURITY ANALYST: This is a national emergency. I don't think you can overstate the gravity of the situation.

The broad public, you know, this is the time to, you know, maybe take to the streets.

UNIDENTIFIED MALE: This is worse than Watergate.

MAXINE MOORE WATERS, U.S. REPRESENTATIVE FOR CALIFORNIA'S 43RD CONGRESSIONAL DISTRICT: He has been absolutely outrageous in the way that he has called names, outrageous in the way that he has threatened, outrageous in the way that he's promoting himself all the time. He wants to act like a dictator.

(END VIDEO CLIP)

KILMEADE: Get used to that voice for the next two years.

Dan Bongino is a former Secret Service Agent and NRATV contributor. He's also the author of a brand-new book. It's great. It's called Spygate: The Attempted Sabotage of Donald J. Trump. And he joins us right now.

So, this guy's temporary, Matt Whitaker, he's going to be acting, President's going to talk to a few people, make him Attorney General and try to get him confirmed, probably happened. What's the problem with Matt Whitaker?

DANIEL JOHN BONGINO, FORMER AGENT OF THE UNITED STATES SECRET SERVICE, FORMER NYPD OFFICER, NRATV CONTRIBUTOR, SPYGATE AUTHOR: There is no problem with Matt Whitaker, Brian. The Left is an emotion-based, well they're a bunch of Romper Room kids. I mean when are we going to learn as conservatives, I'm serious, to ignore these Looney Tunes?

They move from one outrage campaign to the next. Today, it's Whitaker. Yesterday, it was Kavanaugh. Before that, it was the travel ban, the immigration crisis at the border. It's an endless outrage campaign.

There's nothing wrong with Whitaker. The fact that Whitaker made some commentary on cable news about a case everybody was talking about does not disqualify him from acting impartially. I mean we just had Brennan and Clapper on cable news. Brennan accused the President (ph)--

KILMEADE: Clearly (ph).

BONGINO: --of treason. Now, I want to make sure everybody gets that on the record, so now he cannot be appointed to a position in the future, either. I mean it's just another outrage campaign. Please, just ignore this stuff. It's nonsense.

KILMEADE: So, what they're saying is Whitaker is going to come in. He's been a critic of Mueller saying things like the President's finances, as a commentator, like you are, if you took--

BONGINO: Yes.

KILMEADE: --office right now, they would roll up the Dan Bongino tapes and say, "How can he do that?" You say, "Well I'm a citizen and I'm allowed to have an opinion." Whitaker is a citizen. He's allowed to have an opinion.

In his opinion, the Mueller investigation going to the President's finances is a no-go zone. Now he's in charge. And people worry that he's going to collapse the Mueller investigation. The President has -- has held his tongue for two--

BONGINO: Yes.

KILMEADE: --not his tongue but he's not -- he's held back on Mueller for two years, right?

BONGINO: Yes (ph)--

KILMEADE: So, why would he -- why would he -- why would he stop now?

BONGINO: You know what's hysterical about this? He had an opinion. So did Andy Weissmann, who is Bob Mueller's chief pit-bull who emailed Sally Yates. We've seen the emails. He's investigating Trump now, congratulating Sally Yates for defying Donald Trump. Andy Weissmann is investigating Trump.

And I get it everybody, oh Whataboutism. You're damn right it's Whataboutism. Oh, you just told us that you're not allowed to have an opinion or you're conflicted. Weissmann has an opinion and for on that matter with Whitaker, not -- because I don't want to get off that topic.

Whitaker said something perfectly practical. The Mueller investigation and the probe was designed to probe Russian collusion. There's nothing in there about Trump's finances or his business deals. That was a perfectly accurate and appropriate opinion. This is just another outrage camp. Ignore it. Ignore these people.

KILMEADE: Well who do you think or who would you like to see and who do you think the President will put in that spot? Pam Bondi from your state--

BONGINO: Yes.

KILMEADE: --I know the President really respects her. Chris Christie was in there yesterday.

BONGINO: Let me -- let me throw something out there. Some of the audience may -- may jump back. But we -- I would love to see Ted Cruz. You get a double whammy out of this. You get a solid constitutional conservative who will never fault. This guy is principled.

KILMEADE: He's tough.

BONGINO: We know it. We love him. Secondly, you get an open seat in Texas. The Dems will pour a bunch of money in there into Fool's Gold again. We'll get Beto number two. They'll waste all their money and time. They won't spend it in other Senate seats, and we win again in Texas. I think it's a great plan.

KILMEADE: In your opinion, is the President looking back at the Whitaker controversy and letting it worry him in Paris today?

BONGINO: I don't -- I don't think so. I mean, of course, he's probably paying attention to it. But the President's gotten very good at ignoring ridiculous Romper Room like far Left outrage campaigns. This is another one. It -- it'll blow over by next week. These rallies are ridiculous, anti-Sessions rallies. They -- they were accusing Sessions of being a Russian colluder a few months ago--

KILMEADE: Right.

BONGINO: --now they love Sessions or pro-Sessions rise (ph). Even I'm getting confused about the Left.

KILMEADE: I -- I was amazed because 8,000 people in New York got together to protest the firing of Jeff Sessions as if he's (ph) their idol, if they could pick him out of a lineup.

BONGINO: Go to McDonald's. Have a coffee, folks. Chill out with the outrage campaigns. Please, take the weekend off.

KILMEADE: You take the weekend off. You're in every show--

BONGINO: I -- I know. I can't. I'm up here.

KILMEADE: --here (ph). What's going on?

BONGINO: Plus, I heard you were guest host. And so, this was great--

KILMEADE: I'm honored. Fantastic.

BONGINO: --in studio.

KILMEADE: And I don't -- I'm so glad you didn't wear a tie. I regret--

BONGINO: Never. I'm not wearing a tie--

KILMEADE: --wearing a tie. That's how cool you--

BONGINO: --ever again.

KILMEADE: --look, all right (ph)--

BONGINO: Actually, I'm sorry. But I can't do. I can't even make a tie. My elbows are arthritic so--

KILMEADE: That's right. Well that's what happens--

BONGINO: --yes--

KILMEADE: --when you do the U.S. TV (ph)--

BONGINO: --it sticks every time (ph)--

KILMEADE: --OK.

BONGINO: --yes.

KILMEADE: Thanks -- thanks, Dan. And thanks for your service.

All right. Meanwhile, the migrant Caravan is still on its way north. And President Trump is preparing for its arrival. His Executive Order and the story that will handle this Caravan is coming your way. Watch as we take a wide shot and go to break.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

TRUMP: I just signed the Proclamation on asylum, very important. People can come in but they have to come in through the ports of entry.

(END VIDEO CLIP)

KILMEADE: All right. Meanwhile -- it's good thing the President stopped before he went to Paris. He had a lot to say.

The Central American migrant Caravan is still snaking towards the U.S. border. Now President Trump is responding, as you just heard, to its approach by tightening U.S. Asylum laws. This is really -- I'm very curious about to see if he's (ph) going to withstand a test.

In a Proclamation signed this morning, the President says that nobody caught illegally entering the U.S. will be allowed to claim asylum after the fact. They'll never be citizens. The move is already facing a legal challenge.

Andrew Arthur is a former Immigration Judge and Law -- Law and Policy Fellow at the Center for Immigration Studies, he joins us right now. Andrew, first tell me what this Executive Order with this Proclamation says.

ANDREW ARTHUR, FORMER IMMIGRATION JUDGE, LAW AND POLICY FELLOW AT THE CENTER FOR IMMIGRATION STUDIES: The Executive Order actually bars the entry of individuals who are entering the United States illegally to the United States. He's using his authority under Section 212(f) and 215(a) of the INA to do that.

KILMEADE: So, he's saying, "If you try to sneak in and, you know, you go and you claim asylum, you're not going to. If you don't go to the port of entry, you are never going to be a citizen. So you better go to the port of entry, and you better go in the right way, and then we'll hear what you have to say and see if it adds up to it -- to -- to the level that we accept you for asylum," right?

ARTHUR: That's correct.

And what the President is attempting to do is to channel everybody who has what's called a credible fear claim through those ports of entry so that they can enter in a orderly and legal fashion, rather than sneaking across the border, where we have to use our Border Patrol agents to go out and find them that it puts huge stress on the 16,000 Border Patrol agents who patrol the 1,900 miles of the border every day, and it -- it makes the system break down.

So quite frankly, this is the best possible solution that we could have to have those people go through the port of entry. That will also give those people encouragements to applying to third country, Mexico, which is a asylum-granting country as well.

KILMEADE: Yes. You know, I -- I -- I read that in the last fiscal year, 140,000 Central and South Americans have come to this country illegally.

So now, if you ferry them to the port of entry then all of a sudden some are going to say this takes forever. The process is going to be so long, the -- the word's going to get out that it's not easy to get into this country anymore, and it'll have a positive ripple effect. That's the hope, correct?

ARTHUR: That's exactly the hope. Right now, we're seeing about 2,000 people a day who are inadmissible to the United States, who are apprehended. The President is attempting to stem that flow. And that's even before the Caravan of individuals from the Northern Triangle countries of El Salvador, Honduras and Guatemala even make it to the United States.

So, you can imagine how much worse it's going to be once they do actually make it to this country. And the President's attempting to proactively, again, funnel those individuals into the ports of entry where they can be processed in an orderly fashion.

KILMEADE: So, do it the right way. Work yourself towards a Green Card, you make the Green Card citizenship or do it the wrong way and blow it. Well, you're never going to be a citizen. There is this -- something called spared from deportation by qualifying for a lesser status notice, withholding of removal.

That's in the bylaws. We'll see if this can withstand a legal challenge. But you just told me in the break that you think this is very creative and a very -- this is a very well-thought-out provision.

ARTHUR: I really think that the President has had the experience of having his other Executive Orders and Proclamations subject to many layers of judicial review. And I think that they've done a very good job of crafting this one to sustain those challenges.

KILMEADE: All right. And the ACLU will be there to test it. Thank you -- thank you so much Andrew Arthur.

ARTHUR: Thank you, Brian.

KILMEADE: OK. Let's move ahead.

After disappointing mid-term, the Left is attacking GOP voting -- voting women based on their race. That story's next. Plus, Tucker's back after the break. He'll break down the mid-term results with Senator Joe Lieberman, Independent Joe.

And I've been hitting the road on my book tour. I may be coming to a town near you. I'm going to Malden tomorrow with Curt Schilling, and the great Howie Carr, then Vero Beach on Saturday with Dan Bongino, hopes he join me at Vero Beach Book Center, then over to Fort Myers in the same day.

Can I do it? Go to briankilmeade.com, find out more about Andrew Jackson and the Miracle of New Orleans, now out on paperback, and Number Three in the world, our world.

(COMMERCIAL BREAK)

KILMEADE: Here we go. The Florida mess continues and the confusion reins (ph).

We have just gotten word that Palm Beach County is going to defy a Court order and refusing to comply with that Court order that says by 7 o'clock tonight, they must tell the Scott camp and give the Scott camp all the ballots so they know how many people voted in their County. This is what's happening in Palm County right now. They have told -- excuse me, this is Broward. In Palm County -- Palm Beach County, they were just flat-out refusing to comply.

So, if you are upset with Palm County right now it's not that you want to suppress the vote, it's because they are not following the rules, like Broward County broke them but we -- but we -- Broward County broke the rules. But at least they complied with the court order today. Palm Beach County is not.

The Scott camp will have a statement shortly.

Now this. Tuesday's mid-terms didn't quite turn into the Blue wave Democrats were hoping for Florida side. And in the aftermath, they decided to scapegoat women as a group.

Now, on The View, yes, it's still on, Joy Behar says Republican women are simply too stupid to vote for anyone else.

(BEGIN VIDEO CLIP)

JOY BEHAR, CO-HOST, THE VIEW: The women who still like him say that he is a protector, so they--

SUNNY HOSTIN, ABC NEWS SENIOR LEGAL CORRESPONDENT & ANALYST, THE VIEW CO- HOST, COLUMNIST, MULTI-PLATFORM JOURNALIST, SOCIAL COMMENTATOR: Yes--

BEHAR: --so they (ph)--

HOSTIN: --a hero.

BEHAR: --that he protects--

HOSTIN: Their way of life--

BEHAR: Right.

HOSTIN: --and -- and their values.

BEHAR: They don't know the different between (ph) a predator and a protector.

(END VIDEO CLIP)

KILMEADE: Meanwhile, in one Vogue article, it blasted White women saying, "As sure as Black women have proven themselves to be the often- underappreciated backbone of the Democratic Party, White women voters are establishing themselves as maddeningly, confusingly unsisterly." Not sure what that means, which is why I don't get Vogue.

Online, Chelsea Handler tweeted this. 59 percent of White women voted for Ted Cruz. Now follow me here. We need to vote for the best interests of others and stop thinking about ourselves.

I am not deep enough to follow that but Allie Beth Stuckey is. She's got a great podcast. Allie--

ALLIE BETH STUCKEY, AMERICAN JOURNALIST, CONSERVATIVE COMMENTATOR, RELATABLE PODCAST HOST, CRTV: Thank you.

KILMEADE: --make sense of this. Are White women too stupid to vote for anybody else?

STUCKEY: I don't think so. But apparently, that's the thought on the Left. We hear this a lot not just in regards to White women but that if you're a conservative, if you're a Republican, you're not just wrong but you're a bad person. And right now, we're hearing that especially about White women because they tend to vote, at least a large portion of them, for Republican candidates.

And what the Left, and particularly, Leftist feminists cannot understand is that it's not that we're voting against the sisterhood, it's not that we're voting against women's interests, it's that we have different values that we do think are in our best interests.

We are pro-life. We are pro-Second Amendment. We are pro-secure borders. That's not bigotry. That's not immoral. They're just our values.

KILMEADE: You know, the thing is, I don't even feel comfortable reading the intro to this segment. I don't feel comfortable saying White women, Black women, older men (ph)--

STUCKEY: Right.

KILMEADE: --we keep on--

STUCKEY: Exactly.

KILMEADE: --segmenting ourselves and putting ourselves into boxes and categories. It's--

STUCKEY: Exactly.

KILMEADE: --all counter-productive (ph).

STUCKEY: I felt completely uncomfortable writing the term White women in the article that I wrote for a Town Hall. But it was really just using the Leftist terminology. And what we see increasingly, which I think this is very troubling on the Left is that they insist upon judging people by the color of their skin, by their political affiliation and their sex, rather than the content of their character.

So, rather than talking to someone like me and asking me about my values, they say you're White, you're wrong because you're a Republican, and because you're a woman, you're also a traitor.

KILMEADE: So, I watched Bernie Sanders make a comment and I'll paraphrase. He says essentially the reason why Stacey Abrams and Andrew Gillum didn't win it seems is because they don't feel -- White people don't feel comfortable yet voting maybe for the first time for a Black person but eventually they will. How wrong is that to say, to write, to think?

STUCKEY: Well, of course, there are no statistics whatsoever backing that up. I am sure and, again, I don't even like talking about people based on the color of their skin. But I'm sure that most White people would say I'm going to vote for someone based on my values.

KILMEADE: Right.

STUCKEY: I don't really care what their religion is or what their skin color is.

KILMEADE: Right.

STUCKEY: But that's just not true on the Left. It's about, you have to fit into their ideology or else you're immoral.

KILMEADE: Allie Stuckey, have a great weekend. Thanks so much--

STUCKEY: Thank you so much, Brian.

KILMEADE: --for your insight.

All right, we forge ahead.

After Tuesday's mid-terms, Tucker sat down with former Senator, one of the great guys in Washington, Joe Lieberman. Here's his conversation with Independent Joe.

(BEGIN VIDEO CLIP)

TUCKER CARLSON, FOX NEWS HOST, TUCKER CARLSON TONIGHT: Senator, thanks a lot for joining us tonight.

JOSEPH ISADORE LIEBERMAN, INDEPENDENT POLITICIAN, ATTORNEY, FORMER CONNECTICUT SENATOR, FORMER DEMOCRATIC PARTY MEMBER: I'm delighted, Tucker. Good to be back with you.

CARLSON: Thank you. Thank you. So, as the results were coming in last night, and it was clear that the Democrats were going to retake the House of Representatives as predicted, MSNBC announced that one of the top priorities of the incoming controlling party would be to obtain Donald Trump's tax returns. Do you think that's the mandate of this election?

LIEBERMAN: I don't. Whether they go for the President's tax returns or not is up to them. But that certainly shouldn't be their priority. I want to give you my personal perspective on left side (ph).

CARLSON: Yes.

LIEBERMAN: I'm the Chairman of a group called No Labels. We've been working to encourage bipartisanship in Congress. And this year, for the first time, we actually got into campaigns of people who were part of what we call the Problem Solvers Caucus.

We raised over $15 million. We supported 28 candidates. 14 Republicans, 14 Democrats, and -- members of the Problem Solvers Caucus, 23 of them won. And the Democrats who won, which I think is why the Democrats now control the House, were actually more moderate, independent-minded problem solvers.

So, I don't think they're -- they're going to go to Congress to get President Trump's tax returns. I think they're going to go to try to get something done for their constituents and their country.

CARLSON: So, and -- and I think all of us hope that that's -- that that happens.

LIEBERMAN: Yes.

CARLSON: What -- but it does raise the question who's in charge of the Democratic Party? So, is that caucus bigger than the Alexandria Ocasio- Cortez caucus, which is substantial?

LIEBERMAN: I don't know how many -- I don't think there're many people who are exactly where Ocasio -- Congresswoman-elect Ocasio-Cortez is really a self-proclaimed socialist, I think--

CARLSON: Yes.

LIEBERMAN: --weak on foreign policy and defense policy. Basically, wants the government to take over a -- a lot of the economy. But what -- what worried me when she was elected, Tucker, was that a -- a lot of people, including some potential Democratic presidential candidates, began to run after some of the positions she was taking, including, calling for the abolition now of ICE, the Immigration and Customs Enforcement Agency. I mean that--

CARLSON: Yes.

LIEBERMAN: --that's ridiculous. How can -- you may disagree with its policies but how can you have a country where there's no group enforcing immigration and customs laws? So, I -- I think this is yes -- what happened yesterday is -- was -- was good for Democrats in the House, but it's also a warning. I think they regained the majority by running more moderate candidates and suburbs.

And moderate Democrats actually lost in the Senate and that showed, I think, some strength in President Trump, who worked hard to defeat a lot of those moderate Democrats.

So there's -- there's -- there's good news and bad news and warnings for both parties here. And the last thing the Democratic Party should do, if it wants to have a chance to win the presidential election in 2020, is to follow after Congresswoman-elect Ocasio-Cortez. There's just not many people who believe that in America, thank God.

CARLSON: I don't know how many Democratic strategists watch this show. I hope all of them. And I hope they write down your advice.

LIEBERMAN: Yes.

CARLSON: Senator, it was great to see you tonight.

LIEBERMAN: Thanks Tucker.

CARLSON: Thank you for that.

LIEBERMAN: Good to be with you.

CARLSON: Thanks.

(END VIDEO CLIP)

KILMEADE: All right, Joe Lieberman, great guy.

Meanwhile, more breaking news out of Florida. We're going to go back down to Florida right after this. Don't move. Tucker Carlson not in, but he's thinking of us.

(COMMERCIAL BREAK)

KILMEADE: Chaos in Florida. They're embroiled in yet another election scandal. Phil Keating all over it. Phil, what's the latest?

PHIL KEATING, NATIONAL CORRESPONDENT, FOX NEWS CHANNEL: Brian, as we speak, provisional ballots are still being counted in Broward County at this hour, just hours after two critical court victories for Republican Governor Rick Scott.

Scott's campaign for Senate sued the Election Supervisors in Broward and Palm Beach counties for more transparency and better access to observe the process. The Judge agreed. Tonight, Palm Beach County is appealing, asking for a stay. We should know more tomorrow.

Brian?

KILMEADE: Phil, stay all over it. I know you will. Tucker will be back on Monday. Go pick up his book, "Ship of Fools." It is awesome. Go to tuckercarlson.com. Sean's next.

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