Gowdy: It is harder to indict a high-profile defendant like McCabe

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Gowdy: It is harder to indict a high-profile defendant like McCabe

Fox News contributor and former House Oversight Committee chairman Trey Gowdy on McCabe developments, upcoming FISA report.

This is a rush transcript from "Hannity," September 13, 2019. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: All right. Welcome to this Friday special edition of “Hannity: Trump Versus the Left.”

We do begin tonight, though, with a Fox News alert. The DOJ Inspector General Michael Horowitz has now officially completed his investigation to FISA abuse. Now, the Attorney General Barr has now received a draft report, is currently reviewing those documents. And according to a letter from the House Judiciary ranking member, Congressman Doug Collins, after Barr is done reviewing the report, it will then be released to you, we, the people, the general public.

This is now the culmination of a months, months, months-long extensive investigation by the DOJ's watchdog into what is rampant abuse of power at the very highest levels of the FBI and the DOJ. Now, all eyes will be on Jim Comey, Andrew McCabe, and all of these other high-ranking officials who used Christopher Steele's dirty dossier as the basis, the bulk of information for a FISA warrant to spy on the Trump campaign, transition and presidency.

And, remember, McCabe is the guy that said, oh, no dossier, no FISA warrant. Remember even "The New York Times" said about the dossier, yes, it was likely Russian disinformation from the beginning.

They used it. They never verified it. They were warned about it. Now the consequence, if we have equal justice under the law.

Comey and others were all warned. They were warned over and over and over again. This dossier was unverifiable. Eventually, the FBI did a spread sheet and they found out all of it was, in fact, yes, not verified. As a matter of fact, not true. All paid for Russian lies by Hillary Clinton.

The dossier's author Christopher Steele under oath in an interrogatory in Great Britain, he said, I don't have any idea if the dossier's contents are true, but yet, it was used to get a warrant to deny an American citizen his constitutional rights and, yes, spy on a presidential campaign transition and presidency.

The FBI had the spread sheet eventually after the fact detailing, yes, it's all false. Yet somehow Comey, McCabe, Rob Rosenstein, Sally Yates and others signed off on using the garbage to obtain a warrant to spy on Carter Page. This is at the height of the presidential election. That backdoored them into everything Trump world.

They told the judge that the so-called evidence in the warrant, top of a FISA warrant, it says verified. They said it was verified. That it was true, it was accurate, even though they knew the exact opposite was true, warned again multiple times.

They did this not once, not twice, on four separate occasions. That's why this would be premeditated fraud committed on the FISA court. Now, tonight, we look forward to inspector general's findings.

Every American, we must demand accountability here. Now, I know we think it's pretty difficult. Are they going to hold their own accountable in these things? In other words, or is there some reticence, is there some difficulty applying our laws equally?

If we don't do that, well, shred the Constitution, we don't -- we have a dual justice system, we don't have equal justice or equal application of our laws.

By the way, now one bad actor, Andrew McCabe, he's already in hot water as we discussed last night. He's now currently facing a potential indictment for leaking sensitive material and then lying about it. But his anxious legal team is making yet another last ditch attempt to shield their client from federal charges by pushing a rumor that a grand jury failed to indict their client.

Here with the very latest, Fox News contributor Sara Carter and the president of Judicial Watch, Tom Fitton.

Sara, is there any truth to that rumor? Because I haven't heard that. I think I'm pretty close to the story.

SARA CARTER, CONTRIBUTOR: That's right. I haven't heard that either. And I know no one is talking at the Department of Justice about it, Sean, not at all. They're not talking whether there was a grand jury, whether there's been a decision by that grand jury.

I have talked to a number of sources and they are very tight-lipped on this. What I am hearing is that Michael Bromwich, the attorney for McCabe, may be leaking this information himself in an effort to try to get the media to push a different narrative on McCabe.

Now, I don't know if that is true either. All I am hearing is from sources that this is a possibility. So, that's really interesting here.

McCabe made a final-ditch effort. Jesse Liu, the U.S. attorney, wasn't buying it. The deputy assistant attorney general was not buying it. They rejected his appeal.

So, that's where it's at right now.

HANNITY: And Tom Fitton, you've been very adamant like I have been, this, to me, is a slam dunk case. This is not a difficult case. We'll identify the laws later with Greg Jarrett.

TOM FITTON, JUDICIAL WATCH PRESIDENT: Right.

HANNITY: But, you know, committing fraud on a court, denying a fellow citizen his constitutional rights, this is basic 101. Yes, you don't get to lie to a court, you don't get to give evidence that you didn't verify and claim it's verified.

Now, the question is do you believe that they're going to be capable of holding their own accountable? Because the DOJ and the FBI -- remember, the FBI falls under the DOJ banner. Are they going to be willing to apply the laws to their own? That's the question tonight.

FITTON: Well, we're not even sure that McCabe is actually going to be indicted. I hope he is. Now, he'll be indicted not on spygate, but lying about, frankly, the Clinton -- his leaks about the Clinton Foundation non- investigation that he and the DOJ weren't doing.

Look, you know, the Comey I.G. report, Sean, outlined the coup. Comey went over to the president-elect with that fraudulent dossier after meeting with Barack Obama and Joe Biden, Susan Rice, talked to his senior FBI guys, talked to his colleagues in the intelligence community and all they agreed they were going to go in there and confront him with it with the idea of getting a response as a witness and a target.

So, they weren't trying to destroy Trump from the beginning. And that's outlined in the I.G. report. And the Justice Department couldn't manage to figure out whether that was a criminal violation of the president's rights and a fraud on the United States. It doesn't suggest to me that a FISA investigation or frauds on the FISA court are going to be prosecuted either, but we'll see.

You know, my concern is that the deep state will narrowly define the crimes and decide not to proceed. I just hope Attorney General Barr takes his own counsel as opposed to listening to thousands of James Comeys -- James Comeys that are in the Justice Department and FBI still.

HANNITY: We've got a lot of ground to cover beyond this, too. Thank you all.

All right. Now, more throughout the show. We will turn now to the radical, extreme, socialist Democratic Party tonight. We, the American people, should be alarmed. Just 24 hours ago, all of the Democrats running for the highest office in the land, basically pushed the Venezuela-style socialism as a solution to all of America's problems.

By the way, they didn't talk once about the American economy and the revival under Donald Trump. Shocking. Not even a single question from their friends in the media mob.

They called for a hostile government takeover of the entire private health care industry, with the proposals to kick all of the Americans off of their private health care plans. Not an option. They called for a hostile government takeover of the private energy sector, putting all oil and gas companies out of business.

Hate to tell you, that's the lifeblood of our economy. And, boy, what a step back that would be now that we are for the first time in 75 years energy-independent under Trump. They call for government-run universal child care, pre-K, government-mandated wages, oh, let's see, vacations, healthy food, retirement, everything is free, free, free. They even pushed government mandated gun confiscation of law-abiding citizens.

Socialism 101, and it is now the status quo. There are no moderates inside the Democratic Party.

Now, we start our analysis with creepy, sleepy, crazy Joe 30330. And his once strong poll numbers have taken a dive and for good reason. Well, if you ever had a fastball, it's long gone. I don't think he even has a -- well, softball.

And by most accounts, Biden's debate performance was a rambling, confused disaster. The only person interrupting Joe was Joe. Look at your screen, all starts with an apparent problem inside of Biden's mouth. This is very bizarre, this whole thing here.

Look at this.

(BEGIN VIDEO CLIP)

MODERATOR: A measure to require expanded background checks died on the Senate floor. If you couldn't get it done after Sandy Hook, why should voters give you another chance?

JOE BIDEN, D-PRESIDENTIAL CANDIDATE: Because I've got it done before. I'm the only one up here that ever beat the NRA. Only one ever beat the NRA nationally.

(END VIDEO CLIP)

HANNITY: All right. Believe it or not, it only got worse from there. It was not a good night for Biden.

Here's more tape.

(BEGIN VIDEO CLIP)

BIDEN: The option I'm proposing is, Medicare for all -- Medicare for choice. The president think -- my friend from Vermont.

A young congressman, a young councilman -- play the radio, make sure the television -- excuse me, make sure you have the record player on at night, the phone -- make sure the kids hear words.

I'm the vice president of the United States.

(END VIDEO CLIP)

HANNITY: Hate to say it, I don't want to see his medical records, he looks like he's aged 20 years since he left office. I don't know why.

Biden's performance was actually so bad, some of the other Democrats on stage actually questioned his state of mind. Uh-oh, yes, they went there. Take a look.

(BEGIN VIDEO CLIP)

BIDEN: They do not have to buy in.

JULIAN CASTRO, D-PRESIDENTIAL CANDIDATE: You just said that, you just said two minutes ago. You just said two minutes ago that they would have to buy in.

BIDEN: Do not have to buy in if they can't afford it.

CASTRO: You said they would have to buy in. Are you forgetting what you said two minutes ago?

BIDEN: Your grandmother would not have to buy in. If she qualifies for Medicaid, she would automatically be enrolled.

CASTRO: Are you forgetting what you said two minutes ago? I can't believe that you said two minutes ago that they had to buy in. And now you're saying they don't have to -- you're forgetting that.

SEN. CORY BOOKER, D-N.J., PRESIDENTIAL CANDIDATE: There are definitely moments when you listen to Joe Biden and you just wonder. But I don't know -- look --

UNIDENTIFIED FEMALE: Senator, are you saying he's too old to be president?

BOOKER: No, I'm definitely not saying that because I listened to Joe Biden over the years and often felt like there were times that he is going on or meandering his -- in his speech.

(END VIDEO CLIP)

HANNITY: Uh-oh. They're going there. Maybe just had a really bad night. Maybe he's not a great debater. Maybe he's not good at speaking and campaigning.

Sarah Palin I thought beat him in that debate pretty handily.

One thing is certain, if Biden somehow limps across the finish line, wins his party's nomination, I think the president, President Trump, will be happy with that result.

Anyway, no matter who the president faces in the general election, well, frankly, we can all expect Democrats to once again weaponize the politics of race. Now, we see it every two and four years. I've given the history on this show many, many times.

They pretty much called half of America racist, white supremacist. Republicans are racist, sexist, misogynist, homophobic, xenophobic, Islamophobic. Oh, they want dirty air, water, they want to kill children. They want grandma and grandpa to eat dog food and cat food before they have Paul Ryan throw them over a cliff.

It didn't change last night. They were in rare form.

(BEGIN VIDEO CLIP)

BETO O'ROURKE, D-PRESIDENTIAL CANDIDATE: Racism in America is endemic. It is foundational. We can mark the creation of this country not at the Fourth of July, 1776, but August 20, 1619, when the first kidnapped Africans were brought to this country against his will in bondage and as a slave.

CASTRO: Racism.

Racism.

BOOKER: Racists.

SEN. KAMALA HARRIS, D-CALIF., PRESIDENTIAL CANDIDATE: Racial bias.

BOOKER: Systemic racism.

O'ROURKE: Racism.

BOOKER: Racists.

PETE BUTTIGIEG, D-PRESIDENTIAL CANDIDATE: Systemic racism.

BOOKER: Systemic racism.

BUTTIGIEG: Racist.

BOOKER: White supremacy.

BUTTIGIEG: Racist.

BOOKER: White supremacy.

O'ROURKE: Racism.

BOOKER: Racism.

CASTRO: White supremacy.

BOOKER: Racist.

BUTTIGIEG: Systemic racism.

BOOKER: Systemic racism.

BIDEN: Institutional segregation in this country.

(END VIDEO CLIP)

HANNITY: Now last night, when Democrats weren't busy playing the race card, they dedicated a lot of time to really pushing their insane socialist policies, Medicare for All. Very expensive. You can't have private insurance. Take a look.

(BEGIN VIDEO CLIP)

SEN. ELIZABETH WARREN, D-MASS., PRESIDENTIAL CANDIDATE: On Medicare for All, costs are going to go up for wealthier individuals and costs are going to go up for giant corporations. But for hardworking families across this country, costs are going to go down and that's how it should work.

SEN. BERNIE SANDERS, I-VT, D-PRESIDENTIAL CANDIDATE: Every study done shows that Medicare for All is the most cost-effective approach to providing health care to every man, woman, and child in this country.

BIDEN: Anyone who can't afford it gets automatically enrolled in the Medicare-type option we have, et cetera. But guess what? Of the 160 million people who like their health care now, they can keep it.

(END VIDEO CLIP)

HANNITY: Now, when you hear Medicare for All with no private insurance option, OK, as bad as Obamacare keep your doctor plan save money was, think about that 1,000 times worse with no exit escape hatch as it stands now because Obamacare, nearly 40 percent of all U.S. county, nearly half of the country, they only have one insurance option, and the Obamacare market. Only one choice, that's 40 percent of the country.

Premiums, yes, nobody saved money. Premiums have skyrocketed. And many people lost their doctors and the federal price tag for all of this suffering will be trillions of dollars.

Under Medicare for All, that system will even be worse. You don't get to keep your doctor plan, in fact, in a Medicare for all system, every American will even lose their private health insurance. The government would be the only insurer.

And guess what? To top it off, your taxes, they're going to explode. That's right, according to multiple studies.

Look at Bernie's Medicaid -- Medicare for All plan. It comes with an estimated price tag of $24 trillion to $36 trillion -- that's with a T, dollars over ten years.

In other words, our entire federal budget is only $4 trillion a year. Well, to put it another way, all of your income taxes will need to pretty much double just to cover that cost on that one program. That doesn't include the Green New Deal. And there's more, because almost every Democrat, yes, they support a version of the insanely expensive Green New Deal, the battle so-called climate change.

Look at your screen. Bernie Sanders, he wants to spend a whopping -- I'm trying to figure out, scratching my conservative head here, $16 trillion. Sixteen trillion?

Even so-called moderate Amy Klobuchar has a plan that costs more than $1 trillion. That's on the low end.

That's just the tip of the iceberg for Democrats and their big socialist plans, literally, to take the greatest system of wealth creation and pretty much destroy it in about 24 hours. Take a look.

(BEGIN VIDEO CLIP)

BIDEN: We should be talking about rehabilitation. Nobody should be in jail for nonviolent crime.

ANDREW YANG, D-PRESIDENTIAL CANDIDATE: I'm going to do something unprecedented tonight. My campaign will now give a freedom dividend of $1,000 a month for an entire year to 10 American families, someone watching this at home right now.

WARREN: Start with our babies by providing universal child care for every baby zero to 5, universal pre-K for every 3-year-old and 4-year-old in this country.

SEN. AMY KLOBUCHAR, D-MINN., PRESIDENTIAL CANDIDATE: Everyone up here favors an assault weapon ban. Everyone up here favors magazine limitations.

SANDERS: This is an incredible burden on millions and millions of young people who did nothing wrong except try to get the education they need. We are going to cancel all student debt in this country.

(END VIDEO CLIP)

HANNITY: Kamala Harris, it's not about cost, it's about investment.

Every time you hear the word from a politician about investment, that means raise your taxes. And we're investing. That's what we're doing.

But one of the more shocking proposals from last night's debate came from Beto Bozo Robert Francis O'Rourke who made it perfectly clear, he's coming for your guns. Get ready.

(BEGIN VIDEO CLIP)

MODERATOR: You said, quote, Americans who own AR-15s and AK-47s will have to sell them to the government, all of them. You know, the critics call this confiscation. Are you proposing taking away their guns and how does this work?

O'ROURKE: I am.

Hell yes, we're going to take your AR-15, your AK-47. We're not going to allow it to be used against our fellow Americans anymore.

(END VIDEO CLIP)

HANNITY: Hell yes, only the criminals will have those. You stand back and observe all of the Democrats and their radical extremist proposals, you're going to find one common theme, centralization of power and money in order to protect law-abiding Americans from themselves.

It is a scary ideology. If America doesn't reject it, I see a lot of trouble ahead.

Joining us with reaction, American Conservative Union Chairman Matt Schlapp, chief national correspondent Ed Henry back in the saddle again.

ED HENRY, CHIEF NATIONAL CORRESPONDENT: Thanks, Sean.

HANNITY: Yes, thanks for making me look like a jerk on "Fox & Friends". I really appreciate. Yes, I get out of the operating room, Hannity punched me.

HENRY: Well, you punched me --

HANNITY: That's not what happened. It's a love tap and it wasn't anywhere near where you got operated on.

HENRY: You're a karate champ. You almost knocked me over.

HANNITY: It's insulting. I don't do karate. I do an eclectic blend, Krav Maga, jujitsu, boxing, and street fighting, blade, firearm, and stick training. But who's --

HENRY: It sounds like you made my point that you almost knocked me over after you go through that list.

HANNITY: Listen, to be honest, I think it was like a feather would have knocked you over.

Listen, thanks for what you've done. So courageous. I'm glad about the great news about you and your sister.

But let's look at this objectively. You're a reporter. You're not a commentator.

But you see this last night and you think back to every presidential campaign you've covered. I've never ever witnessed anything extreme or radical in my many years doing this.

HENRY: I think you make a fair point there. I want to say I think when you're talking about Biden losing his fastball, you're half right. He might have lost his fastball. He was fumbling, fumbling a bit last night, and so much to the point that his fellow Democrats like Cory Booker are pointing that out. That is a huge problem for the front-runner.

But what you might not have noticed is that he had kind of a curveball, which is Joe Biden pushed back on the socialism plans. And so, he might have had a better night than his critics are realizing, simply because he said stop this Medicare for All nonsense. He pointed out what you're saying, Sean.

HANNITY: He still supports the Green New Deal --

HENRY: Or some version of.

HANNITY: -- because he's doubling down on Obamacare. That makes him a moderate?

HENRY: Sean, here is my point. In the short term, Joe Biden did better than some of his critics think because he tried to put a stop to at least some of the socialism. There are other plans, you're right, spending that he'll support.

But here's my point, he may have won the battle and kept his front-runner status, but he may lose the war to President Trump because what I saw on that stage was a lot of smaller candidates who probably can't take the president on on a big stage mano-a-mano. And if Joe Biden, if he gets the nomination that the Democratic establishment wants, President Trump, he'll be easy pickings for President Trump in a general election debate because of all of the fumbling around on the details.

HANNITY: You know, I think what's happened is, you know, we have such low expectations now of, you know, Joe 30330, Matt, that I think that the fact that he didn't have a disaster, oh, thank goodness, he's not a disaster. It wasn't another night of gaffe after gaffe after gaffe.

He didn't seem energetic to me. He lost his train of thought a lot. He digressed a lot. And when you get to the bottom of it -- I mean, OK, Obamacare, he still wants to double down on it. Forty percent of the country only has one option.

Millions lost their doctors, plans, and everybody is paying a ton more. So I'm not so sure he's going to go over well. And then he's going to run on the Biden-Obama record, which is, you know, 13 more million Americans on food stamp, 8 million more in poverty, and the lowest labor participation rate since the '70s.

And here's the thing: Donald Trump has added nearly 7 million new jobs, gotten 7 million people off of food stamps, we could do something now called comparing and contrasting. Your eight years, Trump's three years.

MATT SCHLAPP, CHAIRMAN, AMERICAN CONSERVATIVE UNION: Yes, and let's be clear about this. I agree that Biden is trying to hold on to a bit of the Obama legacy. But let's face it, Barack Obama isn't extreme enough for these candidates. And Joe Biden has endorsed every aspect of the socialist agenda, even if he says that he isn't an avowed socialist.

I mean, he literally said at a rally we will have zero use of fossil fuels. He's saying anybody can buy into Medicare. Think about what that's like if you're a senior who's been paying these taxes into the Medicaid trust fund your whole life and you're getting ready to start to have to use it. And now, anybody can buy into it. This is an insane policy.

HANNITY: Right. Great to see you, Matt Schlapp. Ed, welcome back. Glad to have you. We missed you.

All right. When we come back, more on our top story. The Attorney General Barr, he's now reviewing the finished Horowitz report on the I.G. FISA abuse. Congressman Trey Gowdy will weigh in. Also, we'll check in with our own Greg Jarrett. Much more.

Later, Felicity Huffman receiving her sentence in the college admission scandal, as we continue the special edition of "Hannity": Trump Versus the Left, straight ahead.

(COMMERCIAL BREAK)

HANNITY: Right now, for more reaction on tonight's big breaking news that the Inspector General Horowitz has submitted his FISA report for classification review to the DOJ, Fox News contributor, former Republican Congressman Trey Gowdy.

You first said -- and I'll get to this in a second, that the idea that now McCabe, they passed on any special treatment, but it was a while ago that report identified -- the inspector general report identified him as a liar and a leaker. And you said it's a celebration of our justice system.

Now, we have the second minor report. That was Comey lacking candor. But that didn't result in -- well, it did result in a referral, but it did seem like they're moving forward.

Why is this taking so long? And we'll get to FISA next. Because I have some concerns about what the outcome will be.

TREY GOWDY, CONTRIBUTOR: You know, Sean, there was a trial in dc, what, last week? And former White House counsel Greg Craig was found not guilty in what was a really quick jury verdict.

These are tough cases. It is harder than it might appear to convince 12 people of anything. I used to have to do it for a living. It's tough.

So, you've got to dot every I and cross every T, and quite candidly, it is more difficult if it's a high-profile defendant. So, if they go forward with McCabe, you can rest-assured, that's going to be a tough trial.

We don't want the United States government going trial and losing on a regular basis. They lost to Greg Craig. That's not good. So, if you're going to go to trial, you need to win.

HANNITY: All right. You never lost a case as a prosecutor. That's why you're so good at what you do.

Here's my question. We now know -- I can give you -- as it relates to FISA and the FISA inspector general report, we -- I know of three separate time, including, by the way, the U.K. memo warning about Steele's credibility.

We know three separate instances before the FISA was signed, the bulk of information we now know was the unverified dirty Russian dossier, likely Russian disinformation according to "The New York Times" from the get-go, but they were warned about Steele's credibility before they signed the first FISA. They were warned by Bruce Ohr. The U.K. was warning about his credibility. That Steele had an agenda, it wasn't verified. And Hillary paid for it.

Now, they used it anyway. Now we know it's unverifiable, because Steele never stood by his own dossier and under oath said I have no idea if any of it is true. Now, to me, that seems like premeditated fraud on FISA court.

And when you couple that with Andrew McCabe, the deputy FBI director, saying, well, no dossier, no FISA warrant, that makes me think they didn't care about what they were presenting to the court. And that was a fraud and they knew it was a fraud, but they said it was verified and it wasn't.

GOWDY: Let's assume for the sake of argument that everything you say is true.

HANNITY: It is.

GOWDY: Let's assume that you still have to find a criminal statue if your objective is indictment which is why I'm really clear every time you're always good enough to have me on.

We cannot have a society where indictment is the only thing that carries with it any stigma. Most of the names involved with the FISA approval process in the 2016 if he had been fired or they've been publicly called to task. Keep in mind, Jim Comey twice now, the Inspector General said you did not meet our expectations. You failed to follow policy. You violated your employee agreement.

All of that has to be significant. Look, I used to make representations in front of the court. I tried really hard to be honest and fair about it. But let's assume that I didn't tell the court something. The remedy for me is not indictment. The remedy is I may lose my law license. The remedy is the court may hold me in contempt.

HANNITY: Here's the thing. If I am warned that something that I'm about to present in court is false and at the top of an application of making it to the court, it says verified. I test it. I sign it, say that it's verified but I was warned that it isn't and I don't do the job of verifying it because it's unverifiable we know now and when the FBI finally got into their spread sheet, they discovered 90 plus percent of not all of the dirty dossier was untrue. That's later, though. If I know--

GOWDY: It's on a spread sheet.

HANNITY: If I know it's not verified and I present it as verified and it's unverifiable, that would seem like Sean Hannity went to the court and committed a fraud in the court consciously for the purpose of achieving a political agenda. Why do I think Trey Gowdy, is great an Attorney as you are, never lost a case as a prosecutor, that I would go to jail?

GOWDY: Well, it depends, if you're a lawyer, you lose your law license. The court can hold you in contempt. Remember - wrote the FISA--

HANNITY: If you lie before a judge? We're talking about lying before a judge.

GOWDY: You'll be held in contempt of court, absolutely. You can go to jail for that. I don't know that lawyers who make factual misrepresentations in front of judges wind up getting indicted. You're going to get punished. You're going be held in contempt. You may be get sent to prison.

Look - I'm not minimizing anything of what they've done. We've got to ask the right punishment to the right offense.

HANNITY: But you're denying by signing that an American citizen their constitutional rights. You're literally using that lie to spy on a Presidential candidate campaign and then transition.

GOWDY: We've identified the statute, using the color of a government official it could be a 1983 action. That's all I'm saying is we've have got to match up the conduct with a specific code violation which you just laid out.

HANNITY: Regularly--

GOWDY: You said you've agreed violation. Now we're getting somewhere.

HANNITY: I'll send you Greg Jarrett's list. He's identified a whole variety of crimes perpetrating a fraud on the court.

GOWDY: Don't send it to me, send it to Bill Barr. Nothing I can do about it right now.

HANNITY: You have this email because I don't have his e-mail. I don't know Bill Barr. I'd be glad to. I think he's probably very aware of what the statutes, the applicable statutes would be. Trey Gowdy, good to see you.

More on today's breaking news Michael Horowitz submitting his draft and his report on FISA abuse to Attorney General Barr also all staffers of fake news CNN, they're now speaking out upset the network is hired the disgraced Deputy FBI Director McCabe who was fired for lying and leaking. Pam Bondi, Gregg Jarrett, have more straight ahead. Later Felicity Huffman sentenced earlier today, her role in the college admission scandal. Trace Gallagher has that full report straight ahead.

(COMMERCIAL BREAK)

HANNITY: All right, as we continue the special edition of "Hannity," CNN's star new hire moves one step closer, apparently the prosecution some of the network are apparently irked at the hiring of Andrew McCabe for at least one on air personality telling foxnews.com the move "Erodes our journalistic credibility" that assumes they have some.

But of course, the fake news network is largely ignoring the major news surrounding the disgraced Former FBI official as their credibility now sinks even lower and lower. And also tonight, Democratic hopeful Julianne Castro is under fire, because he had the unmitigated gall and audacity to question Joe Biden's short-term memory. Now the mob and the media are accusing him of taking a cheap shot at the Former Vice President, take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Don't do that. That's not what we needed last night. That was not what we needed. You have an issue with older folks. You know, I guess that's your problem.

UNIDENTIFIED FEMALE: There was a lot of incredible moment, Joe, including what I think a real low blow.

UNIDENTIFIED FEMALE: So many things wrong with that. Rookie low blow. Obviously so obsessed with Joe Biden that he was going after Biden being proud of working in the Obama Administration.

UNIDENTIFIED MALE: I want to look that the moment, that incredible moment where Julian Castro seemed to be playing the age card on Joe Biden thing that he had forgotten what he has just said two minutes earlier on the Medicare for all issue. I looked back at the transcript here. It looks to me like Julian Castro was flatly wrong.

(END VIDEO CLIP)

HANNITY: You know with reaction to these top stories and the breaking news on Michael Horowitz submitting his report to the Attorney General, Bill Barr, his new sequel, "Witch Hunt" coming out soon, Gregg Jarrett Fox News Legal Analyst Former Florida Attorney General Pam Bondi.

Now Gregg, I just mentioned you to Trey Gowdy, you have identified several statutes that would be violated by Jim Comey as it relates to premeditated fraud on a FISA court.

GREGG JARRETT, "WITCH HUNT" AUTHOR: Well, there are deprivation of rights under the color of law, otherwise known as abuse of power. You have got fraud, you got conspiracy to commit fraud, false and misleading statements. And you've got perjury.

There are actually several others that I identified in the new book, "Witch Hunt," but I'm confident that William Barr is well aware of all of those statutes, he now has a draft report from the Inspector General, likely has already read through it at least once.

And he realizes that these people have signed off with the FISA warrant including Andrew McCabe and James Comey and others, Sally Yates and Rod Rosenstein that they deceived the court, they lied to the judges. They conceal evidence. And that is actionable fraud and felonies. And I think he'll take action.

HANNITY: Pam, I guess I speak for a lot of people, because you deal with the Department of Justice and the FBI falls under the Department of Justice, and a lot of these people were all warned ahead of time. Now to me, that's the premeditated part of it. It's not like we accidentally did this.

No, they were warned numerous times. We now know it's an unverifiable dossier. I guess the fear among the American people is and I guess the test that will be here is do we have a dual justice system or do we have equal application of our laws, equal justice under the law, but the feeling that there's a reluctant resistance to go after your own and whether or not there's special treatments that will be involved here.

PAM BONDI, FORMER FLORIDA ATTORNEY GENERAL: Sean, I can't see Bill Barr giving anybody special treatment. I really can't. He's a tough prosecutor. He's a tough, tough United States Attorney General. So when you say a FISA warrant violation, that - that is sacred as you and Gregg and I have been talking about for so long, because you are certifying to a judge that what you say is accurate.

That's why these allegations are so very, very serious. A judge is giving you one of the highest rights you can have to spy on someone else. Based on information that you're certifying is true. Whether or not they can prove all of this in court is one thing. But, Sean, come on, CNN to hire this guy, to have him now who we know--

HANNITY: But to stay on the law for a second, Pam, it's - it's interesting to me because of the magnitude of what they're signing off on. Now we know that Steele couldn't even stick by his own dossier. So it's unverifiable.

Now we know that the FBI eventually laid out a spread sheet and examine the dossier and they determine it's not true. They didn't do it before they filled out the application. That was October, 2016, there were three subsequent renewals, but in the interim Jim Comey signed three of the four including the original application.

He told Donald Trump it's salacious but not unverified. The opposite of what he's saying to the court. We know he's a liar, we just don't know - do you agree with Gregg on the applicable laws that he identify?

BONDI: I do and there are many laws. And one thing, I think Gregg will agree with me on the perjury is very difficult to prove because you can come in and say I misspoke, I made a mistake. But what's happening here is like you said, they obtained these warrants and ultimately, they - there's no doubt they were using false information, yet, they could have in very simplistic terms undone it and they didn't. They kept renewing the warrants, they kept going and going. And I'm shocked frankly that the FISA court hasn't come back and tried to hold all of them in contempt.

HANNITY: All right, Pam, thank you. Gregg, thank you. All right, as far radical left as Bill Maher is, he's coming out against the democratic extremists saying they're really far out. Coming up next Sebastian Gorka, Herman Cain also later big update on the college admissions scandal. Will actress felicity Huffman go to prison? Full report straight ahead.

(COMMERCIAL BREAK)

HANNITY: All right, as we've been saying for weeks 2020 Democrats are trying to outcompete each other to see who can be the most radical extreme candidate. Last night the democratic debate gave all of us a brutal reminder of just how extreme these candidates really are.

Now before the debate, even liberal host on HBO, Bill Maher, he was the jerk that was hoping for recession. The one that would likely hurt many Americans, yes, that jerk, called the far left of his own party out on their positions. Let's take a look.

(BEGIN VIDEO CLIP)

BILL MAHER, HBO HOST: It's kind of a cancer on progressivism, I've been saying this for years. First, of all you have to stand up to Twitter. Twitter isn't us. Twitter isn't the rank and file Democrat. It's not even most liberals.

But they don't do it. But, yes, if you run on taking away people's health care and taxing them too much and taking away all their guns and transwomen get abortion rights, I think that came up in the first debate, I don't think you're going to win this election.

(END VIDEO CLIP)

HANNITY: He may be a jerk. But in this case, he's right. But they probably won't listen to him. Here with reaction, the war for America's soul author, Nationally Syndicated Salem Radio Talk Show Host, Dr. Sebastian Gorka and the new voice, CEO9999. Herman Cain is with us. Good to see you both.

I can't believe that somebody as rich as him would hope for a recession. Because it doesn't show a lot of compassion for the Americans that will lose their jobs, end up back on poverty on food stamps. Putting that aside, what he said there seemed to ring true to me, Herman Cain.

HERMAN CAIN, THE NEW VOICE CEO: The reason that he wishes for a recession is because of all of his money, he's recession-proof. Secondly, on that so- called debate stage last night, you had 10 socialists with an audience of socialist lunatics. That's what it was.

Calling the Democrats progressive is a misnomer. That's nothing progressive about them. The term should be regressive. Medicare for all is regressive. Doing a - the legal warrant search on a citizen is regressive, rolling increasing taxes that's regressive. And also increase in regulations is regressive. The media has allowed them to get away with using that term, co-opting that term "progressives," when there's absolutely nothing progressive about them at all.

HANNITY: What are your thoughts to specifically on Morris's comments, Dr. Gorka?

SEBASTIAN GORKA, SALEM RADIO'S "AMERICA FIRST" HOST: I think that clip you played Sean, is fascinating. I cannot recall since he began his disgusting program, Bill Maher having such low energy.

HANNITY: It's kind of looks a little - almost as low energy as Joe 30330?

GORKA: Right. But can we just remember that - what - how absurd it is that this man is complaining about the radicalism of his party, how extreme they have become? You mentioned it. This is the person who's praying for a recession.

He said I don't care if it costs people their jobs. It's the only way we're going to get Trump out of the White House. That's the Democrat Party. So, he is as extreme - he's worried. He knows that they're in trouble now. But he's extreme as any of them up there.

But as long as they keep coming out of the closet with Beto - I'm sorry, is that cultural appropriation that he calls himself a Hispanic name when he's Irish, when he says I'm coming after your guns, 20/20 is looking better and better by the day, Sean.

HANNITY: And Herman, I'm looking at this the same way as the Dr. Gorka is looking at this. These positions are financed some possible. Medicare for all can't happen. The Green Deal can't happen. What they want to do with the health care system is destroy it, no choice, no option, total stray control on oil and gas. I don't think, I don't even know liberals that would support this nonsense at this point.

CAIN: Not at all. The ten people on that stage the other night represented the Democrat Party, and they are appealing to the low information voter. That's why you have got these applauses after they made these lunatic proposals that are basically socialists.

So you had ten socialists on the stage. And you had an audience of socialist lunatic, that's why I came across that way. But what they're trying to do, they believe they keep saying it and saying it more people are going to gravitate toward it. I don't think so.

Look at what happened in North Carolina. Two Republicans won when the Democrats and the liberals and the conservatives and the progressives, whatever you want to call it, they thought they were a sure thing in terms of Democrats winning. They didn't. And that's for one simple reason, Trump's supporters are not defecting.

HANNITY: Thank you both, when we come back we have an update in the college admission scandal. Felicity Huffman sentenced today. Trace Gallagher will update us. Full report on what happened in court today.

(COMMERCIAL BREAK)

HANNITY: All right, we continue our special edition of Hannity Trump versus the left. Actress Felicity Huffman was in court today after pleading guilty in the college admissions scandal. Our Fox News Chief Breaking News Correspondent Trace Gallagher joins us live tonight from the West Coast Newsroom with the very latest on - I guess the first and what might be many, well, people going to jail.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: The first of 51 Sean and before she was sentenced to two weeks in prison, a tearful Felicity Huffman read a statement to the court apologizing to the students, parents colleges impacted by her actions saying she was deeply ashamed and did more damage than she ever imagined.

Huffman attributed her actions in part in the bewilderment of being a mother. The prosecutors shot right back saying motherhood does not make you a cheat and a felon. In handing down the sentence the judge agreed that trying to be a good mom was no excuse saying the college system is already distorted by money and privilege and yet for Huffman that wasn't enough.

So she took one more advantage for her child. But the judge also noted that Huffman immediately accepted responsibility, is not a threat to her community, and has apparently regained her moral compass. So along with serving two weeks in prison, Huffman will also pay a $30,000 fine and perform 250 hours of community service.

Huffman is hoping to serve her time at an all women's low security prison in Northern California. After leaving the courthouse, the actress said that she hopes her family, friends, and community will forgive her. Sean?

HANNITY: All right, Trace Gallagher, thank you. Unfortunately that's all the time we have left this evening. As always thank you for being with us. You make this all possible. Let not your heart be troubled, the news continues, Laura Ingraham is up next. Have a great weekend. We will see a busy news week next week. We will see you Monday.

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