Updated

This is a rush transcript from "Hannity," April 4, 2018. This copy may not be in its final form and may be updated.

SEAN HANNITY, FOX NEWS HOST: Mr. Tucker Carlson, great show as always. Thank you, Tucker.

Welcome to 'Hannity.'

All right. Tonight, President Trump, he is on fire. What is he doing? Working for you, the American people. And, by the way, this is all news you will not get from the destroy Trump media.

The commander-in-chief is now following through on his tough talk about securing the southern border and earlier today, he signed a proclamation to immediately deploy the National Guard to help enforce America's immigration laws.

New poll numbers prove the Trump agenda is working, despite, of course, fierce liberal opposition.

Also tonight, we have information the House Intel Committee Chairman Devin Nunes, he is blasting the Deputy Attorney General Rod Rosenstein for stonewalling Congress. This needs to end. We'll explain.

Rod Rosenstein needs to be fired. And Nunes is also demanding that the FBI, the DOJ hand over the key documents about the opening of the Russia investigation.

Plus, we have media reacting to the president and, by the way, that he is not a target. Oh, it's driving them insane. And he is only a subject in the corrupt Mueller investigation. There is a total freak-out over this. And Jonathan Turley is out with a brand new op-ed that is bashing the abusively biased press for refusing to accept this fact.

Also tonight, Alan Dershowitz was phenomenal last night, he is back. As well as Joe diGenova. They'll give us reaction to the latest legal developments.

And Jason Chaffetz, Congressman Chaffetz, he has a list of the top 10 things Congress should be doing right now so that they will serve you the American people, the supposed to be public servants, and it would help Republicans in the end actually win. He'll join us with all the details.

We have all of that and so, so much more. And our breaking news opening monologue.

(MUSIC)
HANNITY: President Trump is on a complete tear by continuing to keep his promises and enact the agenda that you, the American people, voted for in November 2016.

The DHS Secretary Kirstjen Nielsen, she made a major announcement earlier today about President Trump's plan to secure the southern border.

Here's what she said.

(BEGIN VIDEO CLIP)

KIRSTJEN NIELSEN, HOMELAND SECURITY SECRETARY: The president has directed the National Guard personnel be deployed to the southern border. The Department of Defense as you know has long supported the efforts of DHS to protect our nation's borders. This includes ongoing counter narcotic missions, infrastructure construction, persistent surveillance, operations training and aerial support throughout the Western Hemisphere.

The Department of Defense is a longtime partner of Department of Homeland Security and I thank them for their support.

While plans are being finalized, it's our expectation that the National Guard will deploy personnel in support of CBP's border security mission.

(END VIDEO CLIP)

HANNITY: And tonight, we have learned that President Trump has signed the proclamation to send the National Guard to the southern border.

The president, he deserves a lot of credit because if Congress -- if they're not going to lift a finger to solve the problem, then he is going to take the steps as commander-in-chief and do it on his own, which he now has.

Before the liberal media, all you leftists out there, start losing your collective minds over the National Guard being deployed at the southern border, with all due respect, we will educate you. There is already precedence for all of this, well George W. Bush and Barack Obama, they actually did the exact same thing. And President Trump's tough rhetoric, calling for Mexico to disband this caravan, as you see, of asylum seekers heading for the U.S. border. That's also working.

According to reports, the more than a thousand person caravan is now falling apart. Leaders of the group are now saying they will no longer head for America's southern border.

This is the start of good news for the president. Look at this, a brand new Rasmussen poll, his approval rating is now 51 percent, which is higher than Barack Obama's during the exact same time in his presidency. He was only at 46 percent. And he got reelected.

But the liberal media probably won't be telling you that tonight. They are too busy orchestrating an onslaught of any negative story that they can possibly find obsessing over, oh, Stormy Daniels and Trump-Russia collusion, Russia, Russia, Russia, that doesn't exist.

There is also a fake news CNN poll. This is pretty amazing. It shows President Trump making major gains with four key groups. He's gained eight points with men since February, five points with younger voters, nine points with middle aged voters, and he's up 10 points with college graduates.

Here's what's so interesting about these polls, just imagine if the president wasn't constantly under attack from a media that wants to destroy him. Imagine if Robert Mueller and his team of Democratic donors weren't carrying out their never ending witch-hunt, don't you think the president's poll numbers would be a lot higher if a majority of the country wasn't being fed an endless stream of outright lies, propaganda, distortion and misinformation?

Despite all of that, President Trump, he is just rolling along doing his job every day, the job that you elected him to do.

Look at this, manufacturing. This is good news, by the way, for the media to be so successful in their attacks against Trump, they are kind of cheering against the country succeeding.

Look at this, the strongest in three years. ADP, Moody's Analytics, they are now saying 241,000 jobs created in March. And that's on top of the record low unemployment numbers that we now have. Over 3 million jobs created since Donald Trump was elected. And, by the way, the lowest unemployment numbers ever for African-Americans and Hispanic Americans.

Look at this, home equity at this at record level, $5.4 trillion.

The president is also taking a big step -- this is amazing, nobody ever reports it -- to make healthcare more affordable for everybody and getting around some of the devastating ObamaCare mandates.

There is an op-ed in 'USA Today' explains how the Trump administration is now set to lay out a new rule. They are about to implement this. It will lower the cost, create choices by expanding association health plans. These plans allow businesses and trade associations to come together and buy health insurance plans in bulk. That saves a ton of money. And, by the way, a huge development, you get more care for less money.

And the president also is taking steps to reduce the bloat. Remember that $1.3 trillion omnibus spending bill that nobody liked? Well, thank god, he is now -- he reluctantly signed it, now, this is the bill the president threatened to veto. But remember, he was forced to kind of sign it because Congress -- well, they left town. They are too lazy.

The White House is looking into using what is known as the Impoundment Control Act. It's a law from 1974. It gives the president the authority to cancel spending already approved by Congress. By the way, they only need 51 votes in the Senate, Mitch.

Congress would have 45 days to approve the president's request to cut from the massive spending bill. Again, he is keeping a promise. Let's hope that happens.

Then, on top of all of, this just take a look at the side of your screen. You will never see this in the media. A list of just some of the president's many accomplishments during his short time in office. Remember the Heritage foundation they did a study the president's first year, they found he has already accomplished 64 percent of his agenda, which by the way, is higher than Ronald Reagan's 49 percent at the same time in his presidency.

These are real, tangible achievements that help the forgotten men and women that voted in November of 2016 that the liberal media will never talk about because they never want to give the president credit for anything. And as we have been explaining, President Trump is just on fire and it's time for congressional Republicans to follow suit, time to get a back home. Time to keep their promises. No more waiting around. Let's see what happens in 2018.

It's time for members of the GOP, keep their word. Keep their promises. And that means they should build this southern wall. They should keep the seven-year promise to repeal and replace ObamaCare. You know, things they said and promised when they were campaigning.

Here's what's going to happen if Republicans don't keep their promises -- Democrats are going to try to systematically undo every single one of those accomplishments, we will put them back on the screen. Nancy Pelosi has already threatened that she's going to try and repeal the tax cuts that benefit 90 percent of Americans.

By the way, you keep going, Nancy, good job. Don't stop. I want you to stay on message.

So, it's up to congressional Republicans to show some backbone, some spine and actually fight for the president's agenda that you voted for.

Former House Oversight Committee Chairman Jason Chaffetz -- now, he is going to join news a few minutes -- he's out with a list 10 things that Congress should be doing right now. In the article, Chaffetz suggest Congress should explain and clarify the conflicts of interest on special counsel Mueller's team. I don't think there is an explanation.

They should formally demand the appointment of a second special prosecutor with the power to prosecute. He lists call FISA court judges before Congress to offer public testimony. They were all lied to.

Call Attorney General Jeff Sessions to testify about outstanding congressional subpoenas. Hold hearings on securing our borders. Fortifying them with a wall and then pass legislation allowing the president to reallocate funds from the DOD. And, of course, Oakland Mayor Libby Schaaf, she should be called to testify. Facebook's Mark Zuckerberg and Twitter's Jack Dorsey, they should be called to testify about their speech suppression practices, especially against conservatives.

So, Zuckerberg will testify before lawmakers next week about Cambridge Analytics. Congress by the way should make an effort to reform the broken budget process. They should give states the opportunity to vote on whether Congress should be subject to balancing the federal budget and finally the Senate should refuse to recess until every single one of the president's appointees have been voted on. Mitch, time to work.

Anyway, Congressman Chaffetz will be here in a minute.

But, first, we have breaking news tonight. House Intel Chairman Devin Nunes, he has sent a letter to the Deputy Attorney General Rod Rosenstein and FBI Director Christopher Wray. Nunes is blasting the repeated stonewalling by the Department of Justice which is being led by Rosenstein and refusing continually to hand over documents that have been subpoenaed by Congress. Remember, Rosenstein is the guy that ran in to Paul Ryan's office back in January at the last hour, begging Speaker Ryan to block Congressman Nunes' request for documents about all the FISA abuses in the dossier.

We wouldn't have learned that had Paul Ryan capitulated. Without those documents there never would have been a Nunes memo and wouldn't have known about any of the massive scandals we are talking about every night unfolding like the FISA abuse, lying to judges to get a warrant to spy on a Trump campaign associate. In that case, Carter Page.

Rod Rosenstein, why does he want to keep all of this a secret? Why does he want to protect all his corrupt friends? But now, after months of obstructing, Chairman Nunes is demanding answers. And, by the way, Nunes has been asking for documents. Some go back to August of 2017.

Rod, hand the documents over to the American people. That's how ridiculous this entire process is, and Nunes is now requesting the DOJ do their job and, of course, Congress has their jobs, we have checks and balances, we have co-equal branches of government. The DOJ turn over the unredacted version of an FBI memo related to the bureau's opening of the Russia investigation. Nunes has set a deadline April 11th.

Given what we have seen from Rosenstein, it's probably going to be a long time before the House Intel Committee gets to see this. The level of obstruction and protection, the incestuous nature of the relationships, this is beyond disgraceful. Rosenstein has done everything possible that he can do to prevent Congress from doing their job which is oversight. They have constitutional not only right but duty to do so.

So, tonight, it's time for Rod Rosenstein to stop hiding the truth from the American people. Now, his boss is the Attorney General Jeff Sessions. And Jeff Sessions rightly said last week that he is angry at the slow pace that these documents are being turned over.

Well, you know what? Well, the attorney general needs to do something about it. If the attorney general is angry, he needs to take action and force the Deputy A.G. Rosenstein to do his job.

And if Rosenstein doesn't want to, then he needs to go, because that is how our government is supposed to work. Congress needs to be able to get answers on behalf of you. We now see corruption at the highest levels of government.

And then you got a corrupt media -- well, they are in major denial. That's they're beside themselves over reports that President Trump is not currently -- oh, let me repeat, not a target of the special counsel Robert Mueller's corrupt investigation.

Despite this new development, the media is desperate. They are holding out hope. They are on their knees. They are praying to god that somehow, some way, Robert Mueller will still find a way to make Donald Trump the target and go after the president.

Think through this. If that ever happened, is that good for the country? Is that good for the forgotten men and women of the country? Does that create jobs?

Does that get people out of poverty and offer food stamps? No. Does it keep us safer? No. Do they seem to care? No.

Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Subject means someone of interest to the grand jury. But it can also mean someone who's on the road to being charged with a crime.

UNIDENTIFIED MALE: It's a big deal to be under criminal investigation by the FBI, particularly if you're president of the United States.

UNIDENTIFIED FEMALE: So, certainly being a subject. They shouldn't be cracking and open any champagne in the White House if he's a subject of an investigation.

JOHN DEAN, FORMER NIXON WHITE HOUSE COUNSEL: A target is somebody they're going to indict. And the president by policy cannot be indicted. So, it's a little vague what they're meaning, and it may be to make Mr. Trump relax.

PHILIP MUDD, FORMER CIA COUNTERTERRORISM OFFICIAL: If someone walked into my office and said I was the subject of a multiyear criminal investigation led by former FBI director Robert Mueller, I'd wet my pants.

UNIDENTIFIED MALE: The non-target letter isn't worth the paper that it's printed on, because the prosecutor can just decide two days after he writes the letter that he wants to -- now he has made up his mind to charge you.

RACHEL MADDOW, MSNBC: You can't help but think maybe it's strategic. Like tell him he is a subject. He likes being the subject.

LAWRENCE O'DONNELL, MSNBC: We're going to discuss with some people who have experience in this just how often that occurs. That there is a little bit of shading of it, when they are just on the verge of switching you into target. They still say you are a subject.

(END VIDEO CLIP)

HANNITY: They have been saying this for 18 months. The media is not trying to hide their bias. They want the president impeached. They're not going to stop until it happens.

But here's the thing. The media has been flat out wrong about everything regarding the Russia investigation.

Constitutional law expert Jonathan Turley, Democrat, is scolding the abusively biased media in a new op-ed he's put out. Here is the headline: 'When will the media accept that Trump is not a criminal target?'

Turley blasts the media for promising for over a year bombshell, bombshell, bombshell, smoking gun. It's all coming.

Here's what he told Martha MacCallum earlier tonight. Take a look.

(BEGIN VIDEO CLIP)

JONATHAN TURLEY, CONSTITUTIONAL LAW EXPERT: We went through a long period where people talked about collusion as if there was some federal crime called collusion. And then that morphed into obstruction and then it morphed into things like, you know, campaign finance violations or other issues.

All these crimes have elements. They have case precedent. You have to satisfy those. And where you and I talked, there are areas that should be of a great concern for President Trump. These crimes have not strengthened over time.

You know, when Comey -- before Comey was fired, he said -- he told Trump that he was not a target of their investigation. It appears that nothing has changed after over a year.

(END VIDEO CLIP)

HANNITY: You would think after a year of conducting a witch-hunt that Mueller might have something on President Trump. But so far, that does not appear to be the case. Not to mention, by the way, this is something the media refusing to accept, as constitutional law professor Alan Dershowitz is explaining -- oh, this is rough for the media to handle. Collusion is not a crime.
But, first, joining us now, our top story, Fox News contributor Jason Chaffetz.

I am holding this in my hand. This was a brilliant idea, 10 things Congress should do but won't. And I read this and I am saying why wouldn't they, especially in light of everything that I just laid out that the president is doing, troops to the border, is he helping on healthcare, is he going to go back to the omnibus bill.

You know, everything -- he's doing what he can on his own. Why doesn't -- why don't the Republicans want to do these things?

JASON CHAFFETZ, FOX NEWS CONTRIBUTOR: Donald Trump wants to play offense. I can tell you, having left Congress about two weeks after, there is a whole new clarity that settles down on you. And until Republicans, who have been given the mantel of power, they were elected and put into office to get things done, until they actually play offense, guess what, they're just going to be on the receiving end of attacks.

HANNITY: See, if they would too these simple things, if they would fully fund the border wall and begin the construction, the money is there -- and I still think the president can get it from the DOD. If they would repeal Obamacare, like they said they would, and the president has a great idea with the associations, why do I believe that's good politics and everybody is worried about the blue wave in 2018? That would mitigate the blue wave.

CHAFFETZ: Just do what you say you're going to do. If they would just do that, and do it in proactive way -- Jim Jordan talks a lot about this. This is what the American people elected us to do. So, let's try it and see what happens.

HANNITY: Let me ask -- this is how I see it. I see Hillary Clinton, she fixed the primary. Maybe I'm the only personal in the world that cares about Bernie Sanders supporters. That's kind of corrupt.

CHAFFETZ: Yes.

HANNITY: Then, Hillary Clinton, OK, she deletes 33,000 emails. She acid washes the hard drive. Bleach bit. Then she takes hammers or has people taking hammers and busting up these devices.

Then, the fix is in with Strzok, Comey, Page, McCabe, and Loretta Lynch and the tarmac meeting. And they didn't interview -- writing an exoneration months before the investigation, they interview her. Two days later, they exonerate her.

CHAFFETZ: Yes.

HANNITY: And then you have the whole dossier and then you have lying to FISA court judges.

CHAFFETZ: And you have to understand that Director Comey went to President-elect Trump and said, hey, there is in dossier. It's unverified.

HANNITY: That in January of 2017.

CHAFFETZ: That's right. And so, hey, here's this bogus thing. Meanwhile, he had signed his name off --

HANNITY: Three months earlier.

CHAFFETZ: -- and presenting it to the court. So, why was it good enough to present to the court, but now that there is a President-elect Trump and a President Trump coming into office, suddenly, he is making excuses for it. That is something that both sides of the aisle should be looking at.

HANNITY: Is that a crime? In other words, I've got to believe that James Comey is in a heap of trouble between leaking this information that he had -- that was supposed to be confidential and privileged with the president.

Then, of course, what he did with the special counsel appointed. Then, he's got this issue. Then, he's morphed into exonerate Hillary and he lays out 13.5 minute case and says never mind.

I think he is in trouble legally. Do you?

CHAFFETZ: Oh, I do think he is. Look, he had John Radcliffe in the House Judiciary Committee point blank, when did you make this decision, only to find out later, months later, the revelation that they started writing this exoneration months before Director Comey actually stood up in July of 2016 and said, you know, we don't find anything there there.

I think he is in deep legal problems. That's why you need a second special counsel because the FBI cannot investigate itself.

HANNITY: Have you ever seen such corruption?

CHAFFETZ: I haven't and it scares me, because it's at the highest levels. There is 110,000 people at the Department of Justice and they're good, hard working patriotic people.

HANNITY: By the way, same with the FBI.

CHAFFETZ: Yes.

HANNITY: This is not rank and file FBI or rank and file intelligence people.

CHAFFETZ: But you got the head of the beast here. And, you know, you look at those people in the senior most position. And that's different in electronic age now we have text messages and emails.

Remember when the FBI said they couldn't find five months' worth with the inspector general --

HANNITY: If I did what Hillary Clinton did with their emails --

CHAFFETZ: Oh, you had handcuffs on, you'd be in jail.

HANNITY: You wouldn't be able to get me out.

CHAFFETZ: No, no.

HANNITY: Gee, thanks a lot. I'd take a cake with a file.

But I look at all of this, did you ever heard of an FBI director taking a case away from a field office, putting it in a special category and writing an exoneration months before you investigate or talk to the key witnesses in the case?

CHAFFETZ: And then you combine that with the people and what's going on with Robert Mueller now? One of the things I put on my list of 10 is that they should actually bring up and they should have Director Mueller and Rod Rosenstein testify before the House --

HANNITY: Do you think Rod Rosenstein belongs in his position?

CHAFFETZ: I think he should be brought before Congress and he should have to testify about the conflicts of interest. And that would illuminate a whole set of problems.

HANNITY: All right. Great job to fill in for Laura. But I told you not to get -- Laura is back on Monday.

CHAFFETZ: She is. She's wonderful. She's one of the best.

HANNITY: I know. That was more for the liberal media.

Congressman, good to see you.

CHAFFETZ: Thank you.

HANNITY: I appreciate it.

HANNITY: All right. When we come back, you're definitely going to want to hear from U.S. Attorney Joe diGenova and esteemed legal scholar, Professor Alan Dershowitz. We have a lot of news we're getting to tonight right here on 'Hannity.'

Stay with us.

(COMMERCIAL BREAK)

HANNITY: Joining us now with more reaction to opening monologue, the author of the bestselling book, 'Trumped Up: How Criminalization and Political Differences Endangers Democracy', Professor Alan Dershowitz, and former U.S. attorney for the District of Columbia, Joe diGenova -- two of the smartest lawyers in the country.

You know, last night, I got such incredible reaction to your comments. Collusion is not a crime. But we go from collusion to obstruction to then bank records. He is not a target.

But the media is like, well, he's not a target but he's still in jeopardy. It's like there is no winning here.

ALAN DERSHOWITZ, HARVARD LAW SCHOOL PROFESSOR: I have to tell you, if after a year of very thorough investigation and going after all the low- hanging fruit and getting people not only to sing but some of them even perhaps to compose, if they couldn't have shifted him from a subject to a target, there's nothing there.

HANNITY: What are they, hoping?

DERSHOWITZ: Of course, they are hoping. But I think they understand that. Now, they are going into very, very weak issues, collusion. I challenge Mueller to tell me what statute is violated by collusion.

There's a memo now by Rosenstein authorizing him to investigate collusion with the Russians by Manafort. But you can't investigate sins. You can only investigate federal crimes. And there is no such federal crime collusion.

HANNITY: How do they not know that?

DERSHOWITZ: They know it, but they hope that by investigating collusion, they'll get somebody to obstruct justice, to commit perjury, to commit one of these other peripheral crimes, as they always say it's in the cover-up. But it's not the cover-up. It's that prosecutors induce cover-ups, which is why innocent people shouldn't be testifying unless they absolutely have to because you can be indicted for perjury even if you tell the truth. If you say something that somebody else says differently.

HANNITY: That's a spectacular statement. You could be indicted for perjury even if you tell the truth.

DERSHOWITZ: That's right, because if somebody contradicts you, and the prosecutor believes the person contradicting you, you are indicted for perjury even though you told the truth.

HANNITY: I'm going to get back to that question in just a second.

Let me go to Joe diGenova.

Joe, Rod Rosenstein issues this letter to Mueller, allowing him to go after Paul Manafort the way he did, a week after they did the raid. Now, why do I think the order of that legally needs to be reversed?

JOE DIGENOVA, FORMER U.S. ATTORNEY: Well, let's say, this first of all, about Rod Rosenstein -- his conduct from the beginning of this has been a disgrace legally and every other way. He is an embarrassment to the administration. It is truly too bad that he cannot be fired.

But let's be very clear about this. The president has never been a target. The fact that he has been recently notified that he is the subject means absolutely nothing.

He is not even a subject. He is a witness. A subject is a person hesitate conduct is within the scope of the grand jury's investigation.

What the hell does that mean? It means they don't have anything on him. There have been 19 criminal cases. Not one piece of evidence against the president of the United States.

And now, we are told that Mueller wants to interview the president of the United States who knows nothing, who has been a witness to nothing, who is not a target of the investigation. What we are seeing now is conduct by two public officials, Robert Mueller and Rod Rosenstein that is unethical, unprofessional, an embarrassment to the United States government and is undermining equal enforcement of the law --

HANNITY: Oh, there's no doubt.

DIGENOVA: -- because of what they are doing to a president of the United States.

Rod Rosenstein single-handedly has taken away from the sitting president of the United States 16 months of his presidency by his incompetence and fearful conduct.

You know why Rod Rosenstein appointed Mueller? Because he didn't want to make the tough decisions you would have to make if you were supervising a case being run by a United States attorney like Huber. Rod Rosenstein is a coward. He is a disgrace to the Department of Justice. It's a shame --

HANNITY: And you can't fire him.

DIGENOVA: -- that the president cannot fire him because of the political consequences.

DERSHOWITZ: They can't fire him, but it's amazing that he hasn't been recused. After all, he is the main witness --

DIGENOVA: Correct.

DERSHOWITZ: -- on whether or not collusion or whether or not -- I'm sorry, whether or not obstruction of justice occurred with the firing of Comey. And he wrote the memo.

(CROSSTALK)

HANNITY: So doesn't the president have absolute right to fire anybody?

DERSHOWITZ: He does. But you know, politically there is a difference being have the right to do it and it being right to do it. I just want to comment on one thing that Joe has said. He is absolutely right that they have deprived the right of the president of the opportunity to govern but the Republicans did the same thing to Clinton. When they impeached him they knew they were never going to get him--

(CROSSTALK)

HANNITY: We still six years into his presidency.

DERSHOWITZ: Well, but still, they made a mistake and I think they paid a heavy consequence for it I think the Democrats would pay a heavy cost if they made the same mistake. Trying to impeach without being able to remove.

HANNITY: I want to ask--

(CROSSTALK)

JOE DIGENOVA, FORMER U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA: By the way, I want to say something about this notion that Mueller wants to question the president. What does he want to question him about?

HANNITY: All right. This is my question, though, Joe.

DIGENOVA: First of all, he cannot question him about the firing of Comey. That is an article two constitutional authority.

DERSHOWITZ: Absolutely. I agree.

DIGENOVA: That the president has to fire Comey. He had every right to fire Flynn. Suppose they say what were you thinking when you fired Comey? What were you thinking when you fired Flynn?

HANNITY: What kind of question is that? Well, by the way--

DIGENOVA: These are the kind of stupid questions that could be asked.

(CROSSTALK)

HANNITY: Let me throw out this question to both of you and--

DIGENOVA: This is a perjury trap. Plain and simple.

HANNITY: I agree with the perjury.

DIGENOVA: This is nonsense.

HANNITY: You're right.

DIGENOVA: This is absolutely outrageous, it should end right now.

HANNITY: Here's the question I have, because I'm sure Robert Mueller does want to question the president. So, professor?

DERSHOWITZ: Yes.

HANNITY: I would advise him not to. I'm not -- I don't have your experience. But to me, it's a trap.

DERSHOWITZ: Here's the problem. Here's the problem.

(CROSSTALK)

DIGENOVA: Written questions. Written questions.

HANNITY: Joe, one second. Hang on, professor.

DERSHOWITZ: Here's the problem. The special counsel has the power to put him in front of a grand jury without a lawyer. So he has some leverage. What I would suggest and the president should -- might consider this is if he is asked a question why did you fire Comey, his answer is you're not allowed to ask me or question any article 2 decision I make. Just like you can't question senators to their vote, you can't question justices for their vote. If I acted within the authority of article 2, I cannot be compelled or asked why I did something.

HANNITY: Would you advise this president to say no to any interview?

DERSHOWITZ: I'm not advising the president.

HANNITY: No, you are not. Would you advise the president?

DERSHOWITZ: I would suggest that it would be best if the president refused to answer certain questions that intruded on his article two powers.

HANNITY: Last word, Joe, same question.

DIGENOVA: The president should not agree to an interview in my opinion. And I'm not giving him legal advice. I'm talking on this show. The president should act the most answer written questions in a very limited area and he should never ever be interviewed. This is an abomination and violation--

(CROSSTALK)

HANNITY: And even it means a yearlong fight over executive privilege that battle should be waged?

DIGENOVA: My opinion the president should not sit down for an interview. He can answer written questions in a very limited area. Maybe 10, 12 questions.

DERSHOWITZ: What if is he subpoenaed -- what if he subpoenaed in front of grand jury? What would he do then?

DIGENOVA: I think what you do at that point is you have to argue article two. And if Bob Mueller wants to take the president of the United States who is not involved in any of the 19 charges that he has brought thus far, into a court over testimony, I think that that is -- would be one of the most disgraceful periods in American history. Absolutely outrageous.

HANNITY: You guys are amazing. I want you guys on every night. This is really important commentary. Thank you both.

DERSHOWITZ: And it's rare that Joe and I agree about anything.

HANNITY: I know.

DERSHOWITZ: Today we agree about on most things.

(CROSSTALK)

DIGENOVA: Today it is a perfection. Today it's a perfection.

HANNITY: All right, guys, thank you both. When we come back, Roseanne's ratings off the charts. So is it time for the media, Hollywood, to maybe look at their ongoing attacks against conservatives? Joe Concha, Larry Elder and more, we have a lot of news to break straight ahead.

(COMMERCIAL BREAK)

HANNITY: All right. The hit show Roseanne was back again last night. Look at this, over 15 million people tuning in. Maybe sex, violence and Jennifer Aniston falling in and out of love other things to do. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: People parent differently than they did in your day. Turns out a lot of what you did not work and some of it was against the law.

ROSEANNE BARR: Yes, it's against the law because your generation made everything so P.C. instead of spanking them, you tell them to go over there and think about what they did wrong. You know what they're thinking? I can't believe this loser isn't spanking me.

(END VIDEO CLIP)

HANNITY: You know, Roseanne's rating success could be a wake-up call for the liberal media and Hollywood. But something tells me they are too arrogant. They are too obsessed with hating Donald Trump.

Now take a look at this latest cover from New York magazine that depicts the president as a pig. And by the way it doesn't stop there. On Monday night this is brutal. Liberal Jimmy Kimmel making fun of the first lady of the United States and her involvement in the White House Easter egg roll, even her accent. Jimmy, you are a despicable disgrace. Take a look.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I want to really thank the first lady, Melania, who has done an incredible job. She worked so hard on this event and so I want to thank you. Yes, thank you.

JIMMY KIMMEL, COMEDIAN: Not a chance she did one thing to help set that up. No, she didn't dye eggs. She didn't fill that. Only thing she'd been working on is an escape tunnel. No White House Easter egg would be complete without story time from our first lady.

MELANIA TRUMP, FIRST LADY OF THE UNITED STATES: Never stop exploring, because lives would be boring. Be clever and curious, just like a cat, ask lots of questions about this and that.

KIMMEL: About this and that. You realize what this means you could be first lady of the United States.

(END VIDEO CLIP)

HANNITY: Ask clown Kimmel. Now I got to tell you something. What a disgrace. Hey, Mr. Kimmel, that's her fifth language. How many do you speak?

Joining us now the Hill's Joe Concha, Salem nationally syndicated talk show host Larry Elder. Larry is smiling, Joe is smiling. I don't know who is smiling more. I'll be honest, leave the women and children alone. And they never -- Ivanka, Barron, Melania, stop at some point there's got to be an end to this.

JOE CONCHA, REPORTER AND COLUMNIST, THE HILL: First ladies rarely get attacked whether it be Michelle Obama, whether it be a Bush, whether it be- -

(CROSSTALK)

HANNITY: Michelle Obama when she said for the first time in my adult life I'm proud of my country. She interjected herself into politics and that statement was outrageous.

CONCHA: That's true. But overall, look, the favorability rating at Melania Trump is at 54 percent in Gallup. You want to attack her, roll the dice and take your chances. But there is no upside to this whatsoever.

HANNITY: I just find this part insulting, I mean, especially she is an extraordinarily bright woman. She is reading the children's book. It's something that first ladies do. Michelle Obama did it as well. And if you are not injecting yourself into politics, Larry, why? What's the point?

LARRY ELDER, SYNDICATED RADIO SHOW HOST: Well, I consider the Trump to be pretty tough people and Melania to be pretty tough as well. As you pointed out she speaks five languages. I'm pretty sure whatever Jimmy Kimmel said she is going to shine it on.

But your bigger question is whether the Roseanne success is going to call Hollywood to rethink its assumptions towards conservatism and toward Donald Trump, hardly 90 percent of Hollywood's political money goes to the left. And you look at people like Steve Colbert, Sean, his numbers go up when he started attacking Donald Trump. When an A-list young actor--

(CROSSTALK)

HANNITY: I don't care what they say about Donald Trump. I think that's fair game. He is the president, fair game. You know, but if you go and really low and petty like that, I just -- I don't know. What do you think?

CONCHA: I think that this is nothing new. And I think that actually what we're seeing now is Donald Trump, the President, and Melania Trump, they are being made to being sympathetic figures. And then I look at the RCP average of polls, right? That's all the major polls.

HANNITY: Real Clear Politics.

CONCHA: Right, Real Clear Politics.

HANNITY: People don't know what RCP.

CONCHA: I'm speaking jargon, right. Real Clear Politics, they take eight polls.

HANNITY: RCP, all right, enough.

CONCHA: Since December the president is up five points in that poll. And considering how polarized this country is and considering how overwhelming the media coverage is to jump five points over all those polls--

(CROSSTALK)

HANNITY: That's big.

CONCHA: -- that's pretty big.

HANNITY: What do you think of Roseanne's success, Larry Elder?

ELDER: Well, it shows you that there is a market for people that don't get their point of view insulted. There is a whole market for people who want to turn on the television set. Just kick back, eat some popcorn, drink a beer and not have their views insulted. And that's what this show is showing.

And Sean, the principal, one of the principal writers of this show is Wanda Sykes who is a Trump basher.

HANNITY: Right.

ELDER: So I'm not even sure the show is that conservative. It's 'conservativish' that all people want. Just don't insult me. That's all I want. Don't demean me. That's all I need.

HANNITY: You know, so I this one movie project which I'm really proud of. 'Let There be Light.' It did extraordinarily well. We had no support of any studio. I can only imagine was a hit when that movie just came out.

CONCHA: Right.

HANNITY: The movie poll just came out. It's like there is an opening here.

CONCHA: An untapped audience, a niche audience called half the country? Yes, maybe.

HANNITY: Yes.

CONCHA: The numbers around Roseanne are remarkable to me. First of all, the second week it's done 15 million. All right. When you compare that to the Emmy Awards and that one trick pony that hosted it--

HANNITY: Right.

CONCHA: -- Stephen Colbert it only did 12. So it's doing better than the Emmys, it's almost as many as the Oscars in week one. Now listen to this though, this is where it gets really good. All right. In Tulsa, Cincinnati and Kansas City, those were the top three cities for Roseanne's opening week. In New York, it didn't even finish in the top 20. Los Angeles not even the top 30.

(CROSSTALK)

HANNITY: By the way, if you want to--

(CROSSTALK)

CONCHA: Talk about a divide.

HANNITY: You want to test market something. Go to those markets in San Diego.

CONCHA: In San Diego of all places.

HANNITY: Yes.

CONCHA: Of all places. Well--

HANNITY: You guys are amazing.

CONCHA: Good to see you.

HANNITY: Good to see you. Larry, thank you as always, sir.

Coming up, Hillary Clinton's list of things for her to blame her election loss on. It got longer. I'm not making this up. We will tell you who she is blaming straight ahead.

(COMMERCIAL BREAK)

HANNITY: All right. Hillary Clinton, she just can't control herself. And I kid you not. Hillary Clinton complaining yet again about losing to Donald Trump. Here is what she said last night during an event in New York City.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, D, FORMER UNITED STATES PRESIDENTIAL CANDIDATE: Every day that goes by, more evidence, more proof about, you know, fake news and the Russians and Cambridge Analytica and, you know, misogyny and sexism.

I mean, it's hard. It's very hard. You know, I have taken on the NRA for years. And they spend more money against me than they have ever spent against anybody. We'll find out whether any of that was Russian money.

(END VIDEO CLIP)

HANNITY: NRA the latest to join Hillary Clinton's list. There it is growing list of culprits that are responsible for her loss to Donald Trump. But that wasn't the only controversial thing that Hillary said last night. She took a shot at Fox News. I'm shocked. Take a look.

(BEGIN VIDEO CLIP)

CLINTON: Fox news is always trying to impeach me. So somebody needs to tell them it doesn't apply a private citizen.

(END VIDEO CLIP)

HANNITY: The dog bites, the besting, if you are feeling sad it's Fox News' fault.

Joining us now, national security strategist, Dr. Sebastian Gorka and Catalina magazine publisher Cathy Areu. Why can't she just say I lost? Why does she have to become unhinged. She lost. She was a horrible candidate with a horrible message coming off eight horrible years of Obama.

CATHY AREU, PUBLISHER, CATALINA MAGAZINE: She didn't lose. She won by three million votes.

SEBASTIAN GORKA, NATIONAL SECURITY STRATEGIST, FOX NEWS: Not in America.

HANNITY: What's that, Dr. Gorka?

GORKA: Not in the American system.

HANNITY: Thank you.

GORKA: We have an Electoral College, my dear.

AREU: Which, I mean, Donald Trump himself was against Electoral College. He thought it was silly system and should not be in place until it worked in his favor and then it's a wonderful system. We all know it's antiquated and we know that she won the popular vote and were' not going to count three million people's vote?

HANNITY: So in other words, California, New York, Illinois, and New Jersey should determine who the president is going to be.

AREU: Well, a majority of women voted for her.

(CROSSTALK)

HANNITY: You didn't answer my question.

AREU: And people these are human beings that voted. So it doesn't matter where they live.

HANNITY: But we're not democracy, we're aware of that.

AREU: Look--

HANNITY: We are a constitutional republic. Do I do need to educate you about that?

AREU: I completely understand the concept.

(CROSSTALK)

HANNITY: You understand the concept. How about the reality? It's called truth.

AREU: People voted and they thought that their votes were going to be counted and because of where they live they put down for it?

(CROSSTALK)

HANNITY: Everybody, so tell me, we are a constitutional republic--

AREU: Right.

HANNITY: -- with an established system that's the Electoral College for electing a president. Now you put up -- let's put up the excuses of Hillary again, Dr. Gorka.

GORKA: Yes.

HANNITY: She has a different excuse. There's something that I have noticed that happens to presidential candidates that lose. They lose their minds because they never think they are going to lose. I think Hillary thought it was a done deal.

GORKA: Everybody did -- everybody did change.

(CROSSTALK)

HANNITY: Not me.

GORKA: Comey thought it was a done deal, right. Rod Rosenstein, you know, Andy McCabe thought it was a done deal. They all did. That's why they cooked the books. Look, this is just so out -- you have to laugh because it's so pathetic and sad. You know, you can't -- I didn't know we were so powerful at Fox, Sean, that we can impeach somebody who is a private citizen.

HANNITY: By the way, if that were true, Obama wouldn't have won, because I tried my hardest both times.

GORKA: Right. Look, you can only impeach public officials. And she is not even going to run for, you know, county dogcatcher. So, you know, she is safe from impeachment. But just the mind-blowing aspect of how she is totally incapable of saying just once that she lost because of who she is.

(CROSSTALK)

HANNITY: Let me -- can--

GORKA: I just mention one thing, Sean, Sean, she said misogynists, right, the misogynists made her lose. She is the misogynist, in India she insulted half of the American women by saying they only voted for Trump because their daddy told them to or their husband told them to.

HANNITY: Or their boss or their sons or their husbands.

GORKA: Right. She is the misogynist.

HANNITY: All right. Here is the question I have about her.

AREU: OK.

HANNITY: Do you like Bernie Sanders?

AREU: I'm sure he is a nice person.

HANNITY: What do you think about Hillary disenfranchising every Bernie Sanders voter because Donna Brazile said the fix was in, it was rigged. Does that say -- does that say anything to you about Hillary?

AREU: I cannot speak.

HANNITY: You are OK with rigging?

AREU: No, I don't -- no, I'm not OK.

HANNITY: You're OK with the fact that they rigged the primary?

AREU: I'm not OK with what happened there with Donna Brazile, I'm not OK with anything that happened there.

HANNITY: So you are against rigging elections.

AREU: But I am saying that Hillary does make some great points.

(CROSSTALK)

HANNITY: Does it bother you -- let me ask this question.

AREU: But when does the FBI get involved in an election.

HANNITY: Does it bother you that Hillary paid for what extensively became Russian propaganda government lies to influence the general election?

AREU: OK. Another question is it OK for the FBI to interject itself into--

(CROSSTALK)

HANNITY: That's for my question, Dr. Gorka.

AREU: I thought my -- I thought I had a great question.

HANNITY: Hillary -- I'm actually the host here.

AREU: OK, I'm sorry. I'm sorry.

HANNITY: Is an order here.

AREU: Ok, I'm sorry.

HANNITY: Dr. Gorka.

GORKA: Yes?

HANNITY: I just think the idea that she paid for Russian lies after she stole the primary speaks volumes about her.

GORKA: Sean, not only did she steal the primary from Uncle Bernie, the fact is she was facilitating the most successful Russian information operation in the history of the Russian nation.

HANNITY: Well said. All right, guys. Thank you both. Good to see you.

AREU: Thank you.

HANNITY: Wow, all right. when we come back, fake news CNN the whole network and soon to be scandal plagued Jeff Zucker they are in big trouble tonight. We will tell you about it next.

(COMMERCIAL BREAK)

HANNITY: All right. The corrupt media's constant attempts to embarrass President Trump has now caught the eye of the FCC. Interesting.

According to recent Politico report, remember the Trump (muted) whole coverage prompted more than 160 indecency complaints. Which by the way, which network threw the brunt of these complaints? They did it 195 times in a day none other than the (muted) whole network themselves fake news CNN. You may remember this.

(BEGIN VIDEO CLIP)

ANDERSON COOPER, HOST, CNN: Is there a difference if the president said (muted)?

DON LEMON, HOST, CNN: Do you think these countries are (muted)?

ANA NAVARRO, POLITICAL COMMENTATOR, CNN: Donald Trump has turned the Oval Office into a (muted).

UNIDENTIFIED MALE: (muted) has built this country 110 years ago.

LEMON: In addition to the president's (muted) comments yesterday. A few more (muted).

JAKE TAPPER, HOST, CNN: (muted) countries.

UNIDENTIFIED MALE: (muted)

COOPER: Rich, do you have an example of any (muted) country that the president referred to that is predominantly Caucasian?

UNIDENTIFIED MALE: (muted).

LEMON: (muted).

UNIDENTIFIED MALE: I work for (muted).

UNIDENTIFIED MALE: I am proud to be a (muted).

LEMON: -- you would be saying (muted) on television.

(END VIDEO CLIP)

HANNITY: A (muted) network. Time for the Hannity -- time for the Hannity hot line.

(BEGIN VOICE CLIP)

UNIDENTIFIED FEMALE: Hey, Hannity, what's up with your eyebrows? One is a big clump on the one side and one a clump on the other side but they're not even. Don't you have makeup people over there? Thanks. Get that fixed.

UNIDENTIFIED FEMALE: I just want to tell Sean Hannity that he can swing his hands and do whatever he wants. He is an excellent show and we love him.

(END VOICE CLIP)

HANNITY: Well, I'm just checking. Anyway, sound off. We don't care. Whatever you want to say, 877 225 8587. Don't forget, we're always fair and balanced. We will never be the destroy Trump media. The great one Mark Levin, Newt Gingrich on tomorrow night show.

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