'Hannity' exclusive: DOJ has begun recovering missing texts

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'Hannity' exclusive: DOJ has begun recovering missing texts

Sara Carter, Gregg Jarrett and Jason Chaffetz share reaction on 'Hannity.'

This is a rush transcript from "Hannity," January 24, 2018. This copy may not be in its final form and may be updated.

SEAN HANNITY, FOX NEWS HOST: All right, Tucker. Thank you. Great show, as always.

Huge, breaking news at this hour. We on this program can now exclusively report that the Department of Justice is now started and is recovering some of the five months of missing text messages from Trump-hating FBI agents Peter Strzok and Lisa Page.

Also breaking right now, President Trump is telling the special counsel Robert Mueller that he will talk to him under oath. It sounds like the president has nothing to hide, but is it the right legal decision? We'll explore with our panel.

And also, brand-new tonight, Robert Mueller and has mouthpieces and the corrupt liberal media, they are in a full-fledged panic and desperately trying to change the narrative to hide the truth amid a new, stunning wave of information about anti-Trump bias, abuse of power, all at the highest levels, not the rank and file, of the FBI and DOJ.

Plus, you will not believe -- you are not going to believe -- who James Comey hired to be his lawyer. That and so much more, breaking news.

The Department of Justice is urging the House Intelligence Committee Chair Devin Nunes not to release the classified memo exposing FISA abuses against the Trump campaign. Well, that is unacceptable to us and it it's why we are still demanding that Congress released the memo.

Tell us the truth, that and more in our very important opening monologue.

(MUSIC)

HANNITY: All right. Our exclusive reporting on the DOJ, we can report right now that the missing FBI text messages, we'll tell you about it in a second. This is a game-changing development.

But, first, President Trump is letting the special counsel Robert Mueller know that there is no collusion and he has nothing to hide.

Listen to this.

(BEGIN AUDIO CLIP)

REPORTER: Are you going to talk to Mueller?

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I'm looking forward to it, actually. Here's the story --

REPORTER: Do you have a date set?

(CROSSTALK)

TRUMP: Just so you understand, there's been no collusion whatsoever. There's no obstruction whatsoever. And I'm looking forward to it. I would love to do it. Again, I have to say, it is subject to my lawyers
and all of that.

(END AUDIO CLIP)

HANNITY: With his lawyer's approval, that makes sense. But is that the smart play?

It sounds like game on to me. "The Drudge" report tonight has this headline up and it sums it up perfectly. "Trump stairs down Mueller: I'll do it under oath."

Now, Judge Jeanine Pirro, she'll join us later with legal reaction. Now, also tonight, the walls are closing in on those responsible for this massive corruption, abuse of power at the top levels of government and what we are now calling state-sponsored sabotage.

Now, with this flood of news exposing all of this malfeasance, special counsel Robert Mueller and his spokespeople in the media are working overtime. They want to create as many distractions as possible and discredit anybody that is telling the truth, like us on the Fox News Channel, for daring to report on the truth.

Now, to be perfectly clear, for those that don't pay attention, and want to advance the lies and false narratives, we are not and never have been, and never will be talking about rank and file members of the FBI, the DOJ, and the intelligence community. They honor us with their service every day and there is no show on television that has and will continue to support these hardworking people that do such a service to their country.

But the criminal wrongdoing that we're exposing has to do with only a few select Obama administration top bureaucrats who thought that they knew better than you did about who should be your president.

Now, the liberal media has engaged in a total smear campaign. They want to shut people like me and Gregg Jarrett and Sara Carter and John Solomon and Tom Fitton and Victoria Tensing and so many others. They want to conceal the truth.

Now, we've always had the utmost respect for the FBI. I've had family in the FBI and the intelligence community and police officers and firefighters and the military. Now, can the liberal media say the same for themselves? We know the answer. How many times have you heard them attack people in uniform, those that service as much as they do?

Now that we're getting closer and closer every single night in uncovering his huge, historic, massive scandal, the media is rushing to slander and discredit those of us that are exposing this. At the end of the day, every one of these so-called journalists at the so-called news networks are going to look like fools, but we already know that they are. The same people who have been clinging to a sinking lifeboat of this phony Trump-Russia collusion story, it's been a year, and they still cannot admit they have been completely wrong, there is no evidence, and in many instances, they are flat out lying.

And now, since none of this has worked, well, the media is doing the bidding of Robert Mueller. They're breathless, hysterical reporting about what the special counsel is doing. Don't believe me? Let your own eyes see.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: A dizzying 24 hours in the Russia investigation. No longer just inching toward the president. This morning, it is more like careening.

UNIDENTIFIED MALE: Happening now, breaking news, closing in. The special counsel's Russia probe closes in on the president and his inner circle.

UNIDENTIFIED MALE: After 24 hours of bombshell reports and developments, another one. Just in, CNN has now learned that the special counsel Robert Mueller wants to question the president's former White House chief strategist Steve Bannon.

UNIDENTIFIED FEMALE: The outline of an obstruction of justice case filling
in bit by bit as NBC's first read political team notes, if the optics
around Bill Clinton's tarmac meeting with Loretta Lynch were bad, this is,
quote, a hundred times worse.

UNIDENTIFIED FEMALE: It was a day of revelations of the Russia probe.

UNIDENTIFIED MALE: If there is needed to be watching Ari, it is today,
Russia, Russia, Russia.

UNIDENTIFIED MALE: A lot going on.

(END VIDEO CLIP)

HANNITY: Now, have you noticed? Any time there is breaking news about this massive government abuse of power that we are -- that's unfolding every night of the show, all of a sudden, three or four stories about the special counsel's investigation in the media, they are all over the place, and it spread like wildfire within their own echo chamber.

So predictable at this point. The media is out of control with their bias. It's painfully obvious. And, by the way, a lot of their information, I believe, when all is said and done, is probably coming from Robert Mueller and, of course, his liberal Democratic hacks that have been pushing this themselves.

Now, also tonight, big developments about the explosive classified memo exposing FISA abuses against the Trump campaign. FOX News is reporting the Department of Justice is now asking the House Intelligence Committee Chairman Devin Nunes to not publicly release the memo that we deserve.

Does the DOJ not understand Congress has oversight over them? They are investigating them. They don't have to hand a mama over to anyone in spite of with the liberal media says. They shouldn't do it.

Now, this is why we are once again calling on you, the American people, to call up your members of Congress, demand the memo be released. Release the memo, #releasethememo.

Call the number on your screen, 202-224-3121. Tell Congress the truth about one of the biggest scandals in American history and we have a right to know.

Also, breaking this hour, this is huge -- new information about the missing Strzok-Page text messages. Remember, five months, very critical time period. Sources are exclusively telling me tonight, multiple sources, that the Department of Justice is, as we speak, in the process of successfully recovering many of those text messages in that five-month period of time from the Trump-hating FBI officials Peter Strzok and Lisa Page.

The DOJ is also trying to track on their mobile phones. This is huge because those texts are during that critical time, during the so-called Russia investigation.

Here's a big question tonight. Was the Deputy FBI Director Andrew McCabe's cell phone impacted by the so-called glitch? McCabe, he was Lisa Page's boss. And both she and Strzok talked about, quote, the insurance policy in Andy's office, we believe that was McCabe.

And also brand new tonight, we have new revelations about one of the lawyers that is now representing disgraced former director, soon to be probably investigated, national embarrassment, James Comey. According to "BuzzFeed", one of Comey's attorneys turns out as his Columbia law professor buddy, the guy he leaked a memo to to "The New York Times," because he wanted a special counsel appointed, which turned out to be, oh, Comey's other BFF, Robert Mueller.

You can't make this up in a spy novel. It is one giant incestuous circle of corruption. We have even more proof. James Comey testified, remember, that he gave his classified most of Robert Mueller. According to the reports, the special counsel interview to Comey about his memos last year. By the way, they also collaborated before he testified.

Those memos contained classified information. They were created on government computers. So, Comey broke the law by removing them from the FBI but it's clear that Mueller didn't care about any of that. They are best friends.

Mueller's main focus is, and has been, and continues to be carrying out a witch hunt to unseat a duly elected president of the United States, President Trump. It's ridiculous and it's an abomination to our Constitution and rule of law.

As you have seen by watching the show the past couple of nights -- well, there have been so much breaking news about the FBI text messages that we have been able to cover all of this. I want to go back and I want to make sure you are up to speed, highlight a very important couple pieces of information.

Now, remember Senator Ron Johnson revealing with Bret Baier last night that an informant told him that there was some sort of anti-Trump, quote, secret society within the FBI.

Here is Senator Johnson explaining it on "SPECIAL REPORT." Take a look.

(BEGIN VIDEO CLIP)

SEN. RON JOHNSON, R—WISCONSON: What this is all about is further evidence of corruption, more than bias, but corruption at the highest levels of the FBI. That secret society, we have an informant talking about a group that were holding secret meetings off site. There is so much smoke here, there is so much suspicion --

BRET BAIER, FOX NEWS HOST: Let's stop there. A secret society? Secret meetings outside of the Justice Department? You have an informant saying that?

JOHNSON: Correct. Yes.

BAIER: Is anything more about that?

JOHNSON: No, we have to dig into it. That's -- this is not a distraction. Again, this is biased, potentially corruption, at the highest levels of the FBI.

(END VIDEO CLIP)

HANNITY: Really? Secret society? You can't make this up.

ABC News, they have obtained this particular text message and they are questioning if it was all a joke. We'll let you decide.

Lisa Page writing Peter Strzok: Are you even going to give out your calendars? Seems kind of depressing. Maybe it should just be the first meeting of the secret society.

Senator Johnson is saying that he's trying to get to the bottom of it, as he should. And Senator Johnson is also making news by releasing text messages from anti-Trump FBI lovers Peter Strzok and Lisa Page that also highlight even further their extreme bias.

Now, just after midnight, on May 19th, remember, it was gone from December 14th to the 16th of May, and then Mueller was appointed and then all of a sudden, they reappearing again. But Strzok appears to be talking about getting an offer to join Mueller's investigation. This is key.

And, by the way, writes here, Strzok: my answer is no, no, in the lead division and then I think, wait, a case will be in history books? A chapter? You tell me about my extra time with the field that all the cases, would you trade it? A million people sit in odd staff jobs. I didn't quite get that. This is a chance to do, well, and may be most important case of our lives.

The same guy that was saying earlier, there is no they are there. Thirty minutes later, Strzok asked page the question: an investigation leading to impeachment?

So, did Strzok have extra knowledge about Robert Mueller's end goal was going to be? A statement from Strzok contradicts what he said when he was talking about the possibility of Trump-Russia collusion on May 19th, two days after Mueller was appointed. You may remember the time frame. He said, you and I both know the odds are nothing. If I thought it was likely, I would be there, meaning with Mueller, no question. I hesitate in part because of my gut sense and concern there is no big "there" there. Why would I want to do that?

So, Strzok, despite his rampant bias, knew from the beginning Mueller was leading a witch hunt and Strzok would know because he was the top intelligence official at the FBI and he's the guy that signed the papers that started the entire Russian investigation.

Now, Strzok also dropped this bombshell about the Clinton email investigation writing: for me and this case, I personally have a sense of unfinished business. I unleash with my, well, the midyear exam, MYE, which was the FBI's code name for the Clinton investigation. Now, I need to fix it and finish it. Fix it and finish it?

Strzok is texting this May 19th. Remember, we know Hillary Clinton wasn't even interviewed until the Fourth of July weekend, about her email server scandal on the Fourth of July. Now, remember, it is at this point that a Strzok and Comey and others were drafting the exoneration on May the second, before they talked to Clinton, interviewed Clinton, and 17 other key witnesses.

And Strzok and Page, well, they suggest in text on July 1st, just four days before Comey's announcement, three days before the interview Hillary, about Clinton, both of them, and the former Attorney General Loretta Lynch all knew that Clinton wouldn't be prosecuted. It's smoking gun evidence. What more would you need? Strzok, Comey, Loretta Lynch, they all knew the fix within, it was rigged.

Let me connect the dots. So, you've got a deep state actors, you've got these people, top people at the FBI, Strzok, Page, Comey, and then at the DOJ, the A.G. Loretta Lynch and, of course, Andrew McCabe. Shielding Hillary Clinton for prosecution even though it is obvious, incontrovertible, she committed felonies and broke the law, because they wanted her to stay in the race and defeat in the election Donald Trump.

Now, remember, language and the exoneration statement was changed from what was breaking the law, the legal standard, gross negligence, to extreme carelessness. And then you had Hillary Clinton shelling out, what, over $12 million for an unverified salacious dossier with Russian propaganda and lies because she wanted to break the general election against Trump? After all, she's the same when that regular primaries according to Donna Brazile against Bernie -- Bernie Sanders.

And on top of that, as a backup, Obama deep state officials -- they used this fabricated dossier to obtain a FISA warrant, in other words, the Hillary bought and paid for phony Russian dossier to spy on an opposition candidate, Donald Trump, and an election year, and as a president-elect. Talk about Watergate. This is Watergate on steroids and human growth hormones.

The constitutional violations are severe and historically unprecedented in this country. You have deep state actors using and abusing the powerful tools of intelligence that we give them to protect this country and covering up Hillary Clinton's crime because they wanted her to stay in the race, not be indicted, because they thought they knew better than you who should be the president. And more importantly, they thought they would never get caught. They never thought Clinton was going to lose.

Now, tonight, it is time for the attorney general, by the way, good job at the DOJ tonight by actually finding and now recovering some of the missing five months of text messages.

But the Attorney General Sessions and he needs to, I would argue, appoint a second special counsel. Why? To investigate and prosecute every single person that we are talking about involved in this.

Here with reaction, former chairman of the House Oversight Committee, Fox News contributor Jason Chaffetz. Fox News contributor, investigative reporter, Sara Carter. Fox News legal analyst Gregg Jarrett.

All right. Sara, let's go, you have broken some of this news tonight. You've heard the beginning that the DOJ, as we speak, are recovering the missing five months. That is huge tonight.

SARA CARTER, FOX NEWS CONTRIBUTOR: It's huge news. It fits with what other FBI agents were telling me, former and current, where they said, look, they can get these text messages, there is no way there was a technical glitch that got rid of all these text messages.

Look, the FBI are experts at going after criminals who try to hide their text messages and they are able to get them. So, if they have the phones, they can get it from that. If there is a server, they can get it from that.

Now the question is, why did they respond that way? Why did they respond with a technical glitch? I have new news, Sean. I've been told by members in Congress that they will release that memo. They will not be cowering down --

HANNITY: They're not going to be bullied.

CARTER: Yes, they're not going to be bullied by the DOJ. They want this memo out to the public and they will go to a vote on this.

HANNITY: OK. Gregg Jarrett, let's talk about -- first of all, big news about the release of this. We take it even a step further. I mean, you see more texts from Lisa Page and Peter Strzok. What are your thoughts?

GREGG JARRETT, FOX NEWS LEGAL ANALYST: Fifty thousand texts. If you extrapolate that, that is 68 texts a day. Did these two cheating lovebirds, who are still married to other people at the time, haveany
opportunity to actually do their jobs at the FBI?

It appears abundantly clear that they harbored an anti-Trump animus and an unabashed adoration for Hillary Clinton, that it influenced their decisions, they were involved in clearing Hillary Clinton and launching an investigation against a political candidate, Donald Trump, and then, using a false document to spy on him which is an abuse of power, a felony crime, ten years punishable behind bars.

And now you've got to the DOJ trying to cover up the four page intel memo? As Nixon once famously said, it's not the crime, it's the cover-up. With these guys, it's both crimes and cover up.

HANNITY: Let's go to this new development. Sara, this was in your article tonight on saracarter.com.

But, Jason Chaffetz, the idea that, if the investigation leads to impeachment, there is no they are there, I hate the president, F him, if I can get rid of him, this will make history, well, maybe I should get involved. What do you think, sweetheart? Pretty much what he is saying to his lover.

JASON CHAFFETZ, FOX NEWS CONTRIBUTOR: Look, Sean, I think you gave the best synopsis of what's happening. The only thing I would add to it is there is a "National Review" article up now talking about the nexus to the President Barack Obama himself, when he's communicating under an alias using an account that wasn't a dot-gov account to a Hillary, who may have been overseas, perhaps in Russia, again on a non-secure line, then I got to tell you, what was the motive to make sure that Hillary Clinton was never prosecuted, he got to also explore that.

HANNITY: Bottom line, Congressman, in all your years in Congress, do you ever have an exoneration before investigation?

CHAFFETZ: No, no.

HANNITY: Let's start there.

CHAFFETZ: I mean, come on, there was something like 16 people who had not yet been interviewed --

HANNITY: Seventeen and Hillary.

CHAFFETZ: It's just unbelievable. If a judge has started writing his opinion before he heard the testimony on this, come on. And it's -- John Ratcliffe, under oath, asking Director Comey, when did you make this decision, that's where Comey's strongest legal trouble starts. They really are problematic.

(CROSSTALK)

HANNITY: All right. Sara, let me go back to you, because you reported on this. No, no, there is no there there on that Russia thing. But if this can be historic, if it's impeachment, I hate -- he's loathsome. F him. That is what they wrote each other.

Maybe then I should get involved. Now, wait a minute -- you got Strzok and Comey writing the exoneration, then you have the insurance policy with the Page, Strzok, and McCabe. Why are these people still working? Why have they not been fired? And what does it -- why did Mueller pick all of these people -- and I didn't even mention Andrew Weissmann yet.

CARTER: That's right. And that is one of the biggest questions right now from former FBI folks who say, look, had we been done a little speck of what these folks did, we would be fired, we would be removed. What is going on here? What is going on on the seventh floor?

We can't get any answers from the FBI. Why would the FBI put a guy he was having an affair -- this is a counter intelligence -- Peter Strzok was working counterintelligence. He's having an affair, he is texting on an unsecured line, his government issued phone, open for anyone to capture it.

And then they move him to human resources. They move him out of the
special counsel and into human resources and we can't get an answer as to
why he hasn't been fired. Why Lisa Page is still working?

So, there is a lot of questions here and we have to look at Deputy Director Andrew McCabe and look at everything that has come out about Andrew Weissmann on the special counsel.

Sean, there is a continuing investigation. This is the reason why the DOJ doesn't want this FISA memo out. This is the reason why people are tight-lipped about this. There needs to be further investigation into this and I agree with Chaffetz on this completely.

HANNITY: I watched today, and it's not new news that they want to talk to Donald Trump. It's not even -- it's old news. Steve Bannon is talking. That is old news, too.

Didn't these leaks -- don't you suspect, as I do, this came right from Robert Mueller's office? Because they are under fire and because of all that we're discovering here, they know their time is up.

JARRETT: It's not unusual for a special counsel to interview subject of the investigation, Donald Trump. Trump can't hide behind executive privilege because that only applies to protecting your communications to Congress. This is a criminal investigation, the president can be held in front of a grand jury.

So, Trump has to respond and testify. The only question is, can he limit the scope of it, which his attorneys should try to do because -- you know, I was a defense attorney, I have yet to meet a prosecutor who cares a whiff about justice and fairness. They care about convictions and indictments, their one loss column.

So, this could be a perjury trap, an obstruction trap. The president needs to be careful about that but he's a smart guy. And when he needs to be, I've read his depositions, he can be very focused and cogent.

HANNITY: Would you ever that the president -- and I appreciate he wants to be upfront, honest -- I would never in a million years, never, ever, ever allow him to go before this witch hunt special counsel.

JARRETT: But he has no choice. You can't invoke special privilege in a situation like this. It's a legitimate criminal investigation.

HANNITY: Don't you think there's enough legitimate reason of bias and an abuse within the special counsel that he has legitimate legal arguments?

JARRETT: Not only by meeting with Mueller, you are anyway legitimizing his investigation, which is illegitimate. The special counsel law, there has to be stated crime. Look at the order signed by Rod Rosenstein to Mueller. There's no stated crime.

It's an illegal investigation but the president may have no choice.

HANNITY: Let's get your take on this, Jason Chaffetz. Congressman, I wouldn't in a million years, I would fight that up the Supreme Court on the grounds that number one, Mueller's team is corrupt, that it was founded -- remember, Hillary rigged the primary. Hillary paid for the phony dossier. Hillary got a pass when she committed felonies by people that even more involved in the investigation, especially Peter Strzok, and Peter Strzok and Comey, and Comey set it up using information he never should have revealed. Then the phony dossier was a predicate to get the FISA warrant against the president.

I don't think there's -- I believe, anybody, liberal, conservative, Republican, Democrat, civil libertarian, you've got to be concerned about the abuse of intelligence and the misuse of our intelligence and weaponizing against the American people.

CHAFFETZ: Well, look, I think I would do what you suggested and not do it. But I tell you what? Donald Trump is unlike anybody I have ever seen before and I think he wants to get out there and do that. And if you look at what Donald Trump Jr. did, he released all his emails, he gave 23 hours of testimony about a 20-minute meeting. They do things different.

One last thing I got to add, Sean, though, with Strzok and Page, why do these people have security clearances? If you don't have a security clearance, guess what, you don't work at the Department of Justice in their capacity. So, how can they possibly have a security clearance?

Take away that security clearance, and get rid of them. They should be fired. They shouldn't be working and being paid by the American taxpayers right now.

HANNITY: All right. Sara Carter, we're going to give you the last word.

CARTER: Well, I can just tell you this, I spoke with the defense attorney who is very familiar with Andrew Weissmann and Robert Mueller. And he said the president would have to be crazy to fall into their trap.

This is what they do. This is what they have it on the past. They will try to find anything and this is why they want to question him.

So, Sean, I don't know the legalese here, Gregg is the expert, but that's what I was told.

HANNITY: All right. Last word for you, Gregg Jarrett.

JARRETT: Yes, I wish there was a way that president could try to avoid it. Bill Clinton tried his best not to talk to Ken Starr. He negotiated some limits on his taped interview. But in the end, he had to do it. There just is no legal basis.

You can try to go to the Supreme Court. The Supreme Court is going to knock you down. Politically, it's going to be ugly for the president. He's got to do the interview.

HANNITY: He's got to do the interview, but there's a precedent for restrictions, there is a precedent for what the topics are going to be.

JARRETT: The Bill Clinton case.

HANNITY: Proffer, proper, all sorts of lawyers to get-- in other words, it can't be open-ended, Gregg, it's impossible.

JARRETT: Right, limit the scope of the scope. You know, and, by the way, from the president's point of view, it's quite simple. I didn't talk to any Russians, I didn't collude. In terms of obstruction of justice, I'm allowed to fire people in the executive branch.

HANNITY: All right. Thank you. I appreciate it as always. Gregg, Sara, Congressman, thank you all for joining us.

Now, the president is making major headlines, declaring there is no evidence of collusion and that he would do that sit down under oath with a special counsel.

Again, let me play this for you. We'll get reaction from Judge Jeanine Pirro.

(BEGIN AUDIO CLIP)

REPORTER: Are you going to talk to Mueller?

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I'm looking forward to it, actually. Here's the story --

REPORTER: Do you have a date set?

(CROSSTALK)

TRUMP: Just so you understand, there's been no collusion whatsoever. There's no obstruction whatsoever. And I'm looking forward to it.

I would love to do it. Again, I have to say, it is subject to my lawyers and all of that.

(END AUDIO CLIP)

HANNITY: Well, the keywords there, subject to my lawyer. Now, the president's attorney, Ty Cobb, also weighing in, telling "The New York Times" and I quote: He's ready to meet with him but he will be guided by the advice of his personal counsel.

So should the president to sit down with Robert Mueller?

Joining us with more reaction to that, she is the host of "Justice." She also fills in on the show. She's also a very nice person and a great lawyer. How are you?

JEANINE PIRRO, HOST, "JUSTICE": I'm fine, thanks.

OK, the answer to your question is very simple. The president absolutely should not sit down, he should not agree to do it. But, look, you and I both know the president. He says there is no collusion. There is no --

(CROSSTALK)

HANNITY: No, I admire him wanting to do it.

PIRRO: But you know what? I don't believe that his lawyers have agreed that he will do it and he said it is subject to the lawyers. But let me tell you why, Sean. Number one, why should he answer questions about the firing of Comey, if he has a constitutional right to fire him? And number two --

HANNITY: Wait, shouldn't that be his answer if, in fact, he goes?

PIRRO: Yes. It's never going to end. I know federal prosecutors are going to go --

HANNITY: I got to stop you before you finish your point. It's important.

PIRRO: OK.

HANNITY: So, I've talked to my friends that are attorneys.

PIRRO: Right.

HANNITY: OK. And they say to me -- I brought the scenario on, what if I'm being interviewed by these people. He goes, you say no, and then you got to be willing to sit there.

PIRRO: Yes.

HANNITY: And I'm used to it in my life, no dead air ever. But I will tell you, I'd be able to do that. But we know President Trump. He's going to say no and I will tell you why and why and why.

PIRRO: And he's going to go on and on and he's going to talk about this, talk abut that --

HANNITY: It's a trap.

PIRRO: It is a trap. There's no question. That's what the feds do. We know they are biased.

But the second reason is, he only needs to answer questions about crimes. If it's not a crime to fire Jim Comey, then what crime are we talking about? Collusion? Russian collusion is not a crime. Ergo, he doesn't need to appear.

And what they are going to do is they're going to continue to bring witnesses before the grand jury, squeeze them to try to implicate him and make him seem like a liar. It is ridiculous to go before a bias prosecutor.

HANNITY: The other thing is, it's like poor General Flynn. I mean, they already knew his answers because they illegally surveiled, unmasked, they didn't minimize and then they leaked raw intelligence. He walked into a perjury trap because they knew everything he said. That's scary, by the way in term of unreasonable search and seizure and no warrants and it never should have happened. The problem here is they don't like this President. Look at this team that Robert Mueller put together. Is that fair? Strzok, Weismann, they're backgrounds? Weisman withheld exculpatory evidence.

JEANINE PIRRO, JUSTICE WITH JUDGE JEANINE SHOW HOST: He has a terrible reputation as a prosecutor, the courts know it, the Department of Justice knows it but it's the same Department of Justice that is allowed all the things that you talked about for the last several months. Here's the bottom line, it's our Justice Department and it our FBI.

HANNITY: How do you stop it? Mueller pushes on, how do you stop? Executive privilege? You go to the Supreme Court, what do you do?

PIRRO: There's executive privilege. This is more political reason than a legal reason and that is why the President's saying sure I'll do it.

HANNITY: Do you think that I do, I don't trust Mueller based on who he is appointed and all that is gone on. I think Mueller is out for blood.
PIRRO: Mueller is not only out for blood but out to save his own butt and
I will tell you why.

HANNITY: Because of all the revelations

PIRRO: Because he is the person that should be investigated, Jim Comey should be investigated, all of this guys, Strzok, McCabe, why are they getting a paycheck, why is my tax payers money paying for them, my dollars, this people need to be taken out in cuffs. I said it before Sean this is not our Justice Department. This is a bunch of arrogant condescending people who think they know more than we do. You've been on it the whole time, Sean.

HANNITY: And you had been on it as well. Judge, glad to see.

PIRRO: Good to see you.

HANNITY: When we come back, the great one -- wait until you hear what the great one Mark Levin will say, fire it up over this FBI and the missing texts that we now know tonight are actually being recovered as we speak. Breaking news on "Hannity." Alan Dershowitz weighs in next.

(COMMERCIAL BREAK)

HANNITY: The great one Mark Levin on fire earlier tonight, he has been warning about the deep state and the battle against Donald Trump. Take a look.

(BEGIN VIDEO CLIP)

MARK LEVIN, RADIO TALK SHOW HOST: The FBI sought to interfere in the election I'm talking about the men and women who work in the FBI, I am talking the top echelon. They sought to interfere with our election and in our election in worse ways than the Russians does. How did Barack Obama is never questioned about this? His name never comes up. Never comes up. Are you telling me the Director of the National Security Council Susan Rice didn't know a thing and the deputy director of the national security council Ben Rhodes, a well-known leaker, he didn't know a thing and Valerie Jarret didn't know a thing, she sits there controlling every cabinet and secretary and are you telling me that James Comey who likes to meet with Presidents and takes memos that he didn't meet with the President and write memos? It's nice to see now that we have committees in congress who are concerned this and nice to see now we have radio hosts concerned about this. It's a nice to see we have television hosts concerned about this. Where the hell were they in March? Mark what are you talking about? Where were they in March when I had information, pulled it together from the public accounts and began to pull the strings and to see that something didn't smell right? Something didn't look right. And the media came down on me like a ton of bricks.

(END VIDEO CLIP)

HANNITY: And Mark was on the show at that time and Sara Carter and John Solomon in March. They broke the story about FISA abuse and a warrant at Trump tower. Here with reaction, the author of the bestseller Trump up, how criminalization of political differences endangers the democracy,
Harvard constitutional law professor Alan Dershowitz. Sir, good to see you again. I saw your comments that you fear that they're going to try and go after obstruction of justice. It was supposed to be about collusion. Explain your fear.

ALAN DERSHOWITZ, LAW PROFESSOR AND AUTHOR OF "ELECTILE DYSFUNCTION": Well, my worry is a constitutional crisis could be started if Mueller starts probing the President's motives as to why he exercised his constitutional authority to fire Comey, why he exercises constitutional authority and telling Comey, if he did to go easy on Flynn. Those are actions that are definitely provide for an article II of the Constitution. And prosecutors simply don't have authority to probe the motives and try to get in the brain of the President any more than when President Bush pardoned Casper Winebarger to prevent himself from being targeted. Nobody thought to probe his mind or the workings of his mind. I think one possibility is for the
President to say, look, I'll answer questions about alleged criminal conduct, but I won't answer question about my motives in exercising my constitutional authority and if you press me on that we'll take that issue up to the United States Supreme Court, we will get that resolve before anybody can be charged with anything relating to obstruction of justice or exercising constitutional right.

HANNITY: Why in this environment, professor, why would the President ever go before Mueller knowing about Comey and Strzok and Page and what would you do if you were his attorney?

DERSHOWITZ: First, he really has no choice. Special council can subpoena him to go in front of the grand jury. He can refuse to answer specific questions based on privilege or specific areas based on his constitutional authority, but in general, every American citizen has to comply with the subpoena in front of the grand jury. He'll probably have to compromise and work out a deal with time limits and his lawyer present and limits on the scope of the questioning. Now, they won't agree on obstruction of justice. Mueller will insist on asking him questions and his lawyer will say that is out of bounds. It will create a constitutional violation of check and balance and separation of powers for anyone to question the President's actions under article 2 of the constitution as long as they were lawful actions under the constitution nobody has the authority to question the President's motives.

HANNITY: Look, you're a well-known criminal defense attorney, Harvard law professor, have you ever heard of a, an FBI Director and investigator riding exoneration draft after draft, months before they interview the key people involved? B, when a phony dossier paid for by one candidate to lie to the American people and then based on a FISA warrant isn't there a strong argument here, this never should have happened?

DERSHOWITZ: Yes and I think every civil libertarian should be concern about the abuses of the FBI. I've been writing about the FBI since Hoover was the Director and civil libertarians should be concerned with the potential abuses of intelligence. Which is why I called for an independent bipartisan commission. Not a political inquiry, to inquire into whether there was influence in the election by Russia, or FBI or anyone else, because you won't get it when there's partisan disputes by members of Congress or a special counsel whose only proper job is to investigate special crimes.

HANNITY: I mean to use one candidate, a phony dossier they paid for to be the premise of a FISA warrant against an opposition candidate and then an incoming President and then the FBI Director is literally exonerating. I believe there were crimes committed. Mishandling of classified information, destruction of classified information. I don't know many people that acid wash their hard drives and beat the crap out of their mobile devices professor, but they exonerated her before they investigated.

DERSHOWITZ: As you know --

HANNITY: My question here is, there has to be a basis here that this was formulated on false information from the get go.

DERSHOWITZ: Look, there are two issues. I agree with you completely that if the FISA warrant was based on a questionable and possibly false series of documents that under the Supreme Court doctrine can be challenge. The issue about whether or not you exonerate before an investigation depends if there's a crime charge. If there's no crime of course you exonerate, but if you're looking for evidence then you need a full investigation.

HANNITY: All right. Thank you, professor. When we come back, Ed Henry live report on the president fight against sanctuary cities and much more straight ahead.

(COMMERCIAL BREAK)

HANNITY: Big news tonight on President Trump's fight against illegal immigration. Live from the White House with all the details Fox News chief national correspondent our own Ed Henry. Ed, you're there alone tonight, the President's on an airplane

ED HENRY, SENIOR NATIONAL CORRESPONDENT: That is right. He is heading to Davos. Before he left what he did was, he stepped up his crackdown on illegal immigration. Congress may be stalled on what they call comprehensive immigration form, but he still has his Attorney General Jeff Sessions moving forward sending an aggressive letters to today to 23 municipalities and cities that are operating a sanctuary cities. Demanding to know why they're not following federal guidelines, this warning sent to the worst defenders including New York City Mayor Bill de Blasio, who are told they will start being hit personally with fine and legal actions if they don't comply. Emmanuel defiant, declaring quote, the Trump justice department can try to intimidate us with legal threats, but we will never abandoned our values as a welcoming City or the rights of Chicago residents. De Blasio was among several mayors who formally boycotted a White House event today, leaving the President insisting the focus should
be on keeping the public safe.
(BEGIN VIDEO CLIP)

TRUMP: Sanctuary cities are the best friends of gangs and Cartels like MS-13 and it's unacceptable. Look at what happened in San Francisco and Kate Steinle. My administration is dedicated protecting innocent Americans and the mayors who choose to boycott this event have put the needs of criminal illegal immigrants over law-abiding Americans.

(END VIDEO CLIP)

HENRY: That came after the President lashed out at Senate Democrat Leader Chuck Schumer for backpedaling on funding for the wall. The president tweeting quote, Crying Chuck fully understands especially after his humiliating defeat that if there's no wall, there is no DACA or protection for DREAMERS. We must have safety and security together with great military for our people. Schumer said the clock is ticking for DREAMERS. The Republican have to explain the DREAMERS what their plan is to prevent them from being deported. The White House aides say Schumer is talking
tough, because of what happened on the shutdown and administration officials tell me they believe the bipartisan DACA deal others have been pushing is dead on arrival and the President's going to jump in the fray laying out his own framework on immigration particularly tougher provisions on tracking down on illegals. That is going to come out next Monday, Sea.

HANNITY: All right. Ed Henry at the White House holding down the fort, he is going to be living in the house tonight. Kidding. All right joining us national syndicated radio talk show host for the Salem radio network Larry Elder, Fox News correspondent at large Geraldo Rivera. Welcome back Geraldo I know you had a recent medical procedure. You look great. Thanks for the picture.

GERALDO RIVERA, FOX NEW ROAMING CORRESPONDENT: You make it sound like I
had plastic surgery.

(LAUGHTER)

HANNITY: He sends me a picture. My staples are out. Thanks, Geraldo.

RIVERA: That is how close we are, my brother.

HANNITY: I know how passionate you are on immigration, but you would accept the deal, build the wall, and fully fund it and chain migration, merit-based immigration if you have DACA. Why did Chuck Schumer act like a big baby after the Schumer shutdown?

RIVERA: In broad strokes you're right on the compromise on the issue of immigration reform. We can't by concentrating on sanctuary cities snatch defeat from the jaws of victory. President Trump has an historic opportunity. He got Chuck Schumer and fiery left-wing people like Louise Gutierrez to say yes, we'll fund the border wall that was the central issue in Trump's campaign, we will fund the border wall, and you get the border wall, if you give us humanity for the million dreamers.

HANNITY: But here is the thing, Democrats don't want the wall, they want to run on DACA. Isn't that the truth, Larry Elder?

LARRY ELDER, SALEM RADIO NATIONAL SYSNDICATE HOST: That is the truth. They don't want the wall, the reason they don't want the wall is because Democrats have lost the white vote since 1964 unless they can use the Jedi mind trick to convince white people to agree to have their taxes raise and have government expand, they need to bring in voters that shared their philosophy that means voters from third-world countries. The illegal aliens turn citizens would likely vote for Democratic Party 2-1.

RIVERA: Where do we get the nonsense about race? Larry, how did this suddenly become about race?

ELDER: It's about votes, Geraldo.

RIVERA: Merit based immigrants in the grand tradition of this country. This is a wonderful opportunity for this President I've known for 40 years to do something he wants to do and has compassion for the kids and will get the wall. He'll get the wall. Stop talking about people of this color and that color.

ELDER: Geraldo, ask yourself whether or not Luis Gutierrez would have the same position on border wall and border security if 80 percent of illegals turned citizens would likely vote Republican? I dare we'd have a different --

(CROSSTALK)

RIVERA: Larry, you believe in Ronald Reagan. He understood Latinos particularly are instinctively entrepreneur, their capitalists. They could be Republicans. Look, Donald Trump pick up this fight with the worst press of any candidate ever in terms of Hispanic vote.

ELDER: May I say something?

RIVERA: Treat them with kindness. We just supported Jorge Garcia who came here at age 10 -- are we going to have 700,000 incidents of Jorge Garcia's being deported and his citizen children crying. Come on, let's make a deal here Larry.

ELDER: Geraldo I'm happy you mentioned Ronald Reagan, because in 1986 he got rolled. He was promised two things, he was promised border security and employers who knowingly hired illegal aliens would be heavily sanctioned neither of which was done.

(CROSSTALK)

HANNITY: I want to thank you both.

RIVERA: George W. Bush got 44 percent of the Latino vote. We can compete.

HANNITY: Geraldo we are out of time. A very powerful video of the day straight ahead.

(COMMERCIAL BREAK)

HANNITY: All right. Video of the day, Larry Nassar, the monster who pled guilty to sexually abusing those young girls during his time as doctor for the U.S. gymnastics team. He was sentenced today. I have to give a lot of credit, the Judge's powerful statement during sentencing as the video of the day. Thank god for Judges like this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Sir, I'm giving you 175 years, which is 2100 months. I've just signed your death warrant. I find that you don't get it, that you are a danger. You remain a danger. I am a Judge who believes in life and rehabilitation when rehabilitation as possible. I have many defendants come back here and show me great things they've done in their lives after probation, after parole. I don't find that is possible with you.

(END VIDEO CLIP)

HANNITY: Sad. Time for the messages you left me on the Hannity hotline. Take a listen, what do I get hit with tonight?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: You suck, you should shut up.

UNIDENTIFIED MALE: I just want to say that for the last two nights I noticed that you did something with your tie and it looks much, much neater than what you had done in the past. I guess you took the advice of one of the callers last week that commented about your tie a knot. So I appreciate you taking the time to do the knot properly. Bye-bye.

(END VIDEO CLIP)

HANNITY: All right. I listen, I am not going to lie. I just don't care -- I've got jeans and boots on. See? That is it. That is what I wear. That is who I am. All right. Reach that number on your screen 8772258587 we will always be fair and balance, Laura is next. Did you call in.

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