let's go to the memo states the doj that voting impacted the outcome of any election. and he ends the memo with this fair sounding language that some congressional probe biden administration quote this is up to the non-partisan doj staff. not to him great care and judgement. fanciful or farfetched claims should not be a basis for initiating federal inquiries. wow. so that just passes the buck to these prosecutors while discouraging any hyped up voter fraud claims or cases. i mean, when you just look at it, i'm reading the memo to you. do you see that despite the tweets of the headlines it's weaker than weak sauce. this is legally irrelevant. now. viewers of this program know that we sometimes report the news with some choice rap lyrics. i got to tell you, bill barr's memo is so weak and soft, it does not even merit association with any hard hip-hop lyrics. it's too soft for that. no, as the trump administration ends on the barr era and doj ends, you can sum up this final messaging memo with a point courtesy of joe jonas and demi lovato. no matter the song you sing, thi

it doj policy, not law. the same vain, 1974 presidents cannot pardon themselves under the fundamental rule nobody can be a judge in his own case. the president cannot pardon h l himself. this is important as a guard rail if donald trump does try to do that before he leaves. >> i do think so. i made reference in our earlier segment when we were talking about it. this goes back to an glo law, a judge cannot make a decision he has interest. trump has an interest in all these pardons because he wants to insulate himself from what they can say and he's basically trying to buy their silence. legally, that may not work. the flip side of it is the pardon legal, when a person has such a stake in the pardon he's granted, such a personal stake and i argue he may not pardon these people and the question about pardoning himself, we have the rule from nixon that nixon resigned so that he could be pardoned by the new president ford and that resulted in a lot of problems for ford down the road. >> but as you say -- >> wait

for him to change it, a, was a subrogation of important doj policies. it speaks volumes when a guy like richard hilger steps down. they could say well, it is just his day in court, but it is so much more than that, as you spelled out. it is demoralizing for the election. it keeps transition from going forward. it energizes the base as they want it to do. makes trump able to raise money for the georgia election and to retire his own campaign debt and it just makes us look like an insecure possible banana republic. bottom line is they can't do anything here, but it is an outrageous dereliction with one more tangible sign that the long time professional prosecutor is just resigning. >> yeah. as you mention, the president is not conceding. his administration is blocking transition funds to biden's team. now you have this move by barr. what legal options does biden have to force his transition team to get maybe not just funds it needs but really the access, that may be what's key when it comes to nurational security wh it comes to sensitive information and t

the biden doj for example will see the prosecution and pending trial of the man that ran trump's 2016 campaign and served in the white house steve bannon you see leaving court there. there is the record-breaking number of people indicted during a president's single term in office. ban none fan is one of them. people who are hoping to get a pardon before trump leaves office as the former number two official on trump's 2016 campaign explained right here. >> this is not right, this is not pair and ultimately, he pardons all of us. >> you hope that the president before he's out of office gives you a full pardon? >> before out of office, absolutely. that's the only time he can do it. >> that is the only time he can do it. that was rick gates. before donald trump leaves office, he will decide whether to pardon or not pardon convicted felons like gates, flynn, manafort and also, whether to try to issue preemptive pardons for allies and family members that have not been charged and he may decide whether to try to pardon himself, no president has ever done that. no leg now legally, i want to t

the trump doj has the support of a group of ag's, but they are all republicans. democrats are looking at this stuff too. how expensive do we want to go on antitrust? host: do you think it will be more expensive than under a trump administration? kyle: that is the expectation. over the last couple years it has been of rigorous interest, gone from a purely left flank issue in the democratic party to pretty mainstream. a report making the case of here is why google is harmful, here is why amazon, facebook, apple as well. there is certainly energy coming from, at this point, the center of the party. a lot of the folks that seem to be either informally spoke with the campaign or were working on it or part of the transition. they are part of that world. they came from the obama white house, spent time in tech and are coming back. people are reading into that, biden is going to go easy -- i am not sure that is the case. the connection these folks have is more, i worked the obama white house, but the center of gravity has changed here. host: what is the issue that you se

i don't have access to all the information that the fbi or doj has. so i can't speak to whether they're doing that work or not. it certainly seems those sort of incidents just from what i hear in open source reporting seem to be on the rise. and i would expect that the bureau and doj should be looking at those things very closely. >> i should hope so. so far i don't know of any indictments coming down on these cases. i believe my time is up. thank you mr. chairman. thank you mr. mccabe. >> thank you senator. i think we have senator holly on the line but i have a brief inquiry here. mr. mccabe what is the defensive briefing? >> defensive briefing is typically when we reach out to an individual who we think might be the subject of some sort of, you know, malign activity from a foreign government or a foreign power and try to, you know, make them aware of the threats that they might come across. >> an example would be, i think, senator feinstein had a staff member that was suspected of being connected to chinese intelligence community and she was briefed

doj, a antitrust lawsuit against google. will that have a positive affect for public, senator josh hawley has followed this more closely than almost anyone, he is joining us with an update, senator thank you. >> do you. we're getting closer to some kind of a regulatory or legislative answer to this crisis. >> yes, i don't so tucker, the antitrust suit that trump justice department filed is a big deal, that concerns me most about a biden victory, they will either shut that antitrust probe all the way down or make it toothless they have spent enormous amount of the money for joe biden, they contributed millions of millions to

and as it relates to this doj guidance, we're aware of it. it's yet another one of the issues that we planned for. and i want to assure you and all your viewers that nothing is going to stop the counting of

he authorizes the doj to move forward with investigating substantiated, significant crime. there hasn't been any. again, all of the cases that the trump administration -- or that the trump campaign have brought to court are based on frivolous ideas and would impact 100 ballots, 150 ballots, but certainly nowhere the margin that he would need to flip any of the states that we see lawsuits in right now. so i just think that he knows the writing is on the wall and so he issued a statement to appease the president, but ultimately doj probably won't do much. we certainly did see the resignation of the doj official that was in charge of the election crimes division as protest for this policy change. it had been that the doj would not involve itself in election-related matters unless it was absolutely necessary. this of course changes that policy. he resigned in protest. but i still see no evidence of a grand conspiracy on the scale that would justify the doj's involvement. >> that man who resigned last night in protest from the election crimes branch, that is obviously laudable,

this is a change in doj policy. prior policy directed that the doj waited until after the election was done and certified in order to do any types of investigation. this is precisely not to appear partisan, not to show any type of favoritism and to delegitimize the elections and election results. in our democracy it's extremely important to have peaceful transitions of power and have election results that are legitimated. this is an indication there are no factual basis, no legal basis to these underlying claims and it's a signal that something is wrong, craig. >> here is the thing, though. the fact that they're being authorized to investigate these allegations of voter fraud, how real is the expectation that these u.s. attorneys are actually going to do that? >> again, you're making a great point which is, in many respects this is more smoke and mirror as a justification for maintaining this quid sodic quest to find evidence of widespread voter fraud and enable the president to have some kind of a cover to say he d

lou: you're right -- >> and like you said, the doj -- lou: [inaudible] >> the doj is mia, i'm sorry to say, because our -- we have an assistant attorney general for civil rights who's supposed to be in charge of elections and, you know, you to don't know who he is because he's never done anything in this regard over the last four years. it's very unfortunate. lou: what are the brightest spots for the trump campaign case? >> yes, i mean -- lou: it's extraordinary that they're with obvious, with obvious irregularities that there is no corrective impulse here on the part of either our courts, the department of justice or even local authorities who know very well or state authorities holding some standard of law and order. >> well, we're the still on a positive trajectory in arizona. we believe we have good arguments in nevada which you covered in the earlier segment, and finally in pennsylvania we are still ahead, and we have a chance to get into the courts there if necessary. lou: harmeet, thank you so much, and thank you for all you're doing, a great fighter, harmeet dhillon. >>> up nex

again, i don't have access to all of the information that the fbi or doj has. and so i can't speak to whether they're doing that work or not. it certainly seems that those sort of incidents just from what i hear in open-source reporting seem to be on the rise and i would expect that the bureau and doj should be looking at those things very closely. >> i should hope so. so far, i don't have of any indictments coming down on these kinds of cases. i believe my time is up. thank you, mr. chairman. >> thank you very much, senator. i think we have senator hawley on the line. but i have a brief inacquiinqui here. mr. mccabe, what is a defensive briefing? >> a defensive briefing is typically when we reach out to an individual who we think might be the subject of some sort of, you know, maligned activity from a foreign government or a foreign power and try to make them aware of the threats that they might come across. >> an example would be, i think, senator feinstein had a staff member that was suspected of being connected to the chinese intelligence community and she

now, it is a change in doj policy. the memo comes after local and state officials have certified the results. in the past the doj has advised prosecutors not to investigate until the results are certified and recounts complete. so this continues now what could be an uneasy 72 days before the inauguration of joe biden. president trump is not conceding. here's nbc's alice farr in washington. >> reporter: wrapping up his first workday as president-elect, joe biden making clear the pandemic is his first priority. >> we can get this under control i promise you. >> reporter: meeting today with his new pandemic advisory team biden celebrating promising news of an effective vaccine in the pipeline. and until it's ready making a bipartisan plea for masks. >> it doesn't matter your party, your point of view. we can save tens of thousands of lives if everyone would just wear a mask. >> and while president trump has not conceded the race, pushing ahead with a series of legal challenges, the president-elect today declaring -- >> i

the latest from doj, outside the white house. a lot at stake. millions of americans depend on the affordable care act for their health care needs. what might behear from the court? >> reporter: that's right. the supreme court behind me is hearing arguments in a consequential case about whether the affordable care act should remain valid or be thrown out. here are the arguments from both sides. about 18 red states led by texas are arguing that because congress zeroed out the individual mandate penalty to buy insurance that the rest of the law should be struck down along with that individual mandate. recalling the supreme court upheld it as a tax. the states are saying because the tax is no longer in effect, the law does not remain valid. california and about 20 blue states are arguing this is an incorrect reading of the law. they argue the intent of congress was clear in 2017 when it rejected efforts to overturn the aca and they say you can't make a law unconstitutional by reducing a penalty. in other words, by lessening the legal weight. that's

not the doj is a critical guard. one bite and suggest that's what's happening with trump, i think barr has been independent and on the right thing. but i don't like to get to the point where we have to vow that the doj will be independent. prosecutor should look for the evidence, take it where the evidence takes them and not pursue people. >> dana: spoken like a true prosecutor. thanks for being here. up next, who better to talk about the holidays then our own steve doocy. he joins us live. so we're using a speakerphone in the store. is that a good idea? one of the ways i do that is to get them out of the home. you're looking for a grout brush, this is -- garth, did he ask for your help? -no, no. -no. we all see it. we all see it. he has blue hair. -okay. -blue. progressive can't protect you from becoming your parents, but we can protect your home and auto when you bundle with us. -keep it coming. -you don't know him. it was kind of a shock after i started cosentyx. i'm still clear, five years now. cosentyx works fas

we also know that president trump has his own people in charge of the doj and the fbi. where does this go? and how dangerous is it to throw this out there when we know already he has been, you know, kind of stoking his base with conspiracy theories that have, polling shows, undermined at least republicans' faith in our elections? >> yeah, this doesn't go anywhere. it's simply over an hour, nearly an hour and a half of unfettered and unsubstantiated claims that trump gets to spew out on bartiromo's show. as you noted, trump is 0-2 in recounts and 1-39 in post-election litigations. there is no shortage of investigations here. they're just not amounting to anything. and we should remember that not too long ago, trump's attorney general, bill barr, who has, you know, in many cases previously raised eyebrows for some of the actions he's taken, have seemed to coalesce to the president's wishes, took the unusual step of authorizing u.s. attorneys general to actually open election fraud investigations into cases of quote/unquote clear and apparently credible allegations of irre

that, to the doj on tha in thediscernible] -- last three weeks? >> not that i am aware of. there is real questions. we have put those questions forward. there was a bipartisan commission that talked about and identified the real potential for fraud with mass mail-in voting. also, something that i would note is, we talked a lot about transfer of power and the election. it is worth remembering that this president was never given an orderly transition of power. his presidency was never accepted. in fact, before the election, his election, we know crossfire hurricane was launched to pursue a baseless allegation about the president's ties with russia. that's before he was president, trying to subvert the will of the american people. in august, he sent a text message about an insurance policy against a trump residency, once again trying to silence the voice of the american people. in october, there was a fisa warrant taken out to spy on the trump campaign. the american people spoke commanding the in electing president trump. what happened after he was elected? 70 lawmakers said w

the doj was not consulted about trump's plan for a pardon but they were given a heads up. saying it this way, they would have preferred the matter to settle in court. ultimately, they say, this outcome for michael flynn was an appropriate use of the president's pardon power. two hours before flynn was pardoned, he tweeted a reference to the bible passage jeremiah 1:19, they would flight against you. and a family statement thanking the president. michael flynn feeling completely vindicated now that he has been sheltered from a further legal fight or prison time from the president. there are questions whether michael flynn could face additional charges under the joe biden administration since we know that michael flynn also admitted to lying about his lobbying work for turkey, but wasn't charged with the crime, related to what could be a violation of filing requirements as a foreign agent. jessica schneider, cnn, washington. >>> president trump had planned to travel to pennsylvania on wednesday with his attorney rudy giuliani. the purpose was to meet with republican state la

biden as of the folks in its orbit who similarly came from the obama doj or the obama ftc. the sense that you get is less that okay, we are just going to see a total return to those norms of sort of allow the merger first, ask questions later, and more, dide make a mistake, let's maybe apply a little more scrutiny here. >> guest: just jumping off that look at the transition teams that were announced, i thought it was telling we didn't see big tech lobby is from google, from facebook, from apple on that list and we did see i believe to people from amazon and amazon web services. in general there was a lot of tech representation but typically for more i would call them less controversial companies, the drop boxes, smaller companies that haven't been as much at the trust claire in washington. certainly we're seeing a lot of momentum -- antitrust glare -- recently when they accuse tech of these monopolistic behavior and so that gives the democrats a mandate to push forward with aggressive antitst action aimed at the industry. >> hos how important was social media during this ca

he was part of the divisionf the doj at a time when they were lax about tech csolidation. biden had some others who similarly came from the obama doj or the obama ftc a the sense that you get is that oka we are just going to see a total return to both norms ofllowed allow the merger first and expression later in more if we make a mistake let's apply a little more scrutiny here. >> guest: jumping off that pointing at the transition teams i thought it was telling that we didn't see big-time lobbyists from google, from apple on that list and we did see a few people from amazon services. in general there was a lot of tech representation but typically it was from less controversial companies, the drop boxes and smaller companies that haven't been as much of an antitrust in washington site think we are seeing a lot of representatives particularly after that congressional report came out recently about the runoff where they accused tech of this behavior that gives the democrats the advantage to push forward with aggressive antitrust action aimeat the industry. >> host: how import

doj, as a doj alum, it's painful to watch. this know that other doj alums feel the same thing. this policy has been in place for decades. and the purpose couldn't be more simple. keep prosecution out of politics. keep politics out of prosecution. prosecution is one of the most powerful authorities that our government has. you have the ability to take away someone's liberty. everyone at the justice department should or does recognize that has no place in politics. these resignations, by the way, the resignations are completely abnormal. in the eight years i worked there under both parties, who republican ags, one republican ag, this never came up. the concept of prosecutors resigning, it wasn't even a thing. and now with tonight with yesterday's resignation, we've seen seven dedicated career nonpartisan prosecutors resign off of four different cases. michael flynn, roger stone, the durham investigation and now this. that is not normal. the reason they all resigned is because they're protesting bill barr's political weaponization of the justice department. >> going read a line. b

aat the former doj prosecutor. great to have you back. with the attorney general's involvement, what does that mean? how does he sort of lead this charge over this memo signal where it's going? >> i think it is actually being overstated. if you are already suffering from irritable bars signal from, you're not gonna listen to the nuance of this. the bottom line is that memo that he created they got leaked out basically says, we are going to let you independent u.s. attorneys as senior officials within the doj look into election fraud if you think you have it. you don't have to consult with a public integrity section. he's not prejudging that there's cases to be made or not. he's loosening up the bureaucracy in case there is a big lead. and there's a big when he says in this memo, we don't really want to wait until it is too late to do anything about it. how he's doing is essentially saying, this isn't going to be on a d.c. level, it's good to be something you can pursue in your judgment if you think there's a real case out there. >> neil:

bill barr is trying to let doj and use doj to support this narrative but there's no substance there. >> elie honig thanks for walking us all through it. >> thanks, jim. >>> okay. and we're going to post that fact check from jim on all of those lies regarding the election and the actual facts online so you can see it. >>> meantime, we're going to take you next to tacks to el paso where strained hospitals are now storing bodies in cold trailers as covid cases spike and local morgues fill to capacity. we will speak to the doctor battling it on the ground next. my nunormal: fewer asthma attacks. less oral steroids. taking my treatment at home. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your docto

let's talk about that line to the fisa court, which the fbi did repeatedly and doj signed off on. mr. mccabe, let me come to you now. i've had a personal quest to find somebody who will take some responsibility for these warrants or applications they signed off on, you signed off on renewal application on june 28, 2017, isn't that correct? >> that is correct. >> on january 2017, the f.b.i. identified interview christopher steele's sources, snisn't that correct? >> that is correct. >>-- put it mildly. >> i know that now, yes. >> the fisa renewal application that you signed, however, did not acknowledge any of those facts isn't that correct? >> fisa package that i signed contained the same -- contained errors that are laid out in the ig report. >> uh-huh. by december of 2016, so this is months before renewal application, crossfire hurricane team knew the primary subsource of the steele dossier was suspected of being russ kwlian asset, isn't that correct? >> i can't -- i don't believe that is correct. i don't know that to be the case. >> your testimony under oath, crossfire hurricane

people wonder what the doj would be under a potential president biden. elizabeth: all right. tom del baccaro, thanks for joining us. good to see you. >> all right. take care. elizabeth: coming up, retired i.c.e. acting director tom homan with more on how violent drug cartels continue to hammer away at the u.s. border. they're doing it right now. we'll talk to him about what he thinks about how joe biden would handle these increasingly dangerous criminal syndicates. that story next. >> every place they put a border barrier and a border wall it has resulted in decreased illegal immigration and decreased drug flow. this is the wallboarder patrol asked for. experts on drugs asked for it. given what they had wanted. president biden should do research before he make as reversal on the decision. moments that define you. and drive you. to achieve even more. so, celebrate every one. because success isn't just about where you want to get to. it's also about how you get there the all new 2021 cadillac escalade. never stop arriving. it's also about how you get there we do things differen

i don't have access to all the information that the fbi or doj has. so i can't speak to whether they're doing that work or not. it certainly seems those sort of incidents just from what i hear in open source reporting seem to be on the rise. and i would expect that the bureau and doj should be looking at those things very closely. >> i should hope so. so far i don't know of any indictments coming down on these cases. i believe my time is up. thank you mr. chairman. thank you mr. mccabe. >> thank you senator. i think we have senator holly on the line but i have a brief inquiry here. mr. mccabe what is the defensive briefing? >> defensive briefing is typically when we reach out to an individual who we think might be the subject of some sort of, you know, malign activity from a foreign government or a foreign power and try to, you know, make them aware of the threats that they might come across. >> an example would be, i think, senator feinstein had a staff member that was suspected of being connected to chinese intelligence community and she was briefed

joining us to explain, doj official francie haig's. it was fiery at times and an uncomfortable hearing. were republicans successfully moving the ball forward and trying to figure out who is responsible for these significant failures during the russia investigation? >> this is so frustrating because this is an going on for years and no one is held accountable except some low-level lawyers who clearly lied to the fisa court by changing a detail about carter page but i find him to be smug or credible at all. any basic agent, any brand-new baby assistant us attorney would have looked at the critical piece of evidence lodged against the trump campaign now known as the steel dossier and seeing it was a pack of lies and for him to say that he knows now that he shouldn't have gotten the fisa warrant shows his absolute incompetence, or what i believe is their rush to want to believe what was in the steel dossier. it would be too good to check because they wanted to be leave the russia collusion narrative, none of them were doing their jobs, cle

stop and think about doj's incestuous relationship with the dnc. that's what got us into the russia gate and we are going to put the head of the dnc ahead of the doj? i'm not the only republican that would have a problem with that. >> martha: do you think that sally yates could get the republican vote in the senate? i mean that would be a bit tricky, too. >> you know, i think think in the interest of full disclosure i have known her a good while. she had a really good representation when she was the u.s. attorney in georgia. republicans liked her when she was the dag. the higher up you get the more political the office is she will have to answer questions about fisa, i mean, to her credit, she was very miffed at jim comey for doing an end run around her and going straight to michael flynn. it would be a tough confirmation. i think she would make it. i think jeh johnson would make it. i think doug jones would make it. javier becerra it depends on whether he is part of the social justice movement or not. i know is he a former prosecutor. not a lot of

attorney general barr authorizes the doj to open an investigation while acknowledge and there is no conclusive. i'm francine lacqua in london. fromw a bit of whip sawing the euphoria we saw yesterday on the back of the vaccine that was very promising from pfizer and biontech. let's go straight to the markets and give you an idea of what they are doing this tuesday morning. the focus is on gold, some other things. for example, such as european stocks in general. again, i'm excited to speak about the vaccine euphoria and some of the hurdles ahead. maybe a little bit of profit-taking after the rally we saw the last few days. maybe the question of the vaccine is the question of the day. bloombergto first word news and laura wright. lauara: the european union is imposing tax on $4 billion of u.s. good starting today as part of that tit-for-tat escalation. spirits, nuts, tractors and videogames. the eu says it will drop the duties if the u.s. dropped levees imposed back in 2019. the u.k. house of lords has rejected breaking international law over brexit. voted to remove the most controversial part o

is he a former doj deputy public affairs director. we were talking to him a little bit about why exactly the doj -- and the attorney general would take this extraordinary step to say -- look into these specific things. according to the "new york times," there are two specific things they're looking into. one, one of them is ineligible voters in nevada heard stories how 3,000 people not supposed to an able to vote in nevada did vote the g.o.p. says. also there is a postal worker who filed an affidavit says the local postal devised a back date mail-in ballots. ian prior who i mentioned a moment ago said now is the time to investigate this rather than after the election is certified which it normally is the way things happen. watch. i think that right now we have spotlight on voter fraud in america and the best time to look at it is in the present time. people who say voter fraud is a myth that is ridiculous. lyndon johnson won first senate race by stuffing the ballot box. john f. kennedy won his race by cook county vote in illinois. you

under the trumpet ministration, the doj, the ftc have been in hot pursuit of these companies. we have got antitrust lawsuit against google, we have got the ftc exploring a big potential lawsuit against facebook, how will that be impacted by a biden administration? >> as you know i think it is just a continuation, there is a lot of momentum right now in terms of scrutinizing the conduct of these platforms and others and i think it is just likely going to continue to be an issue and a focus for both the ftc and the doj even once biden's appointees take their places and leadership. i don't think anything changes, i know there has been speculation that may be the biden administration would go easier on silicon valley companies because of what happened with obama, but i think that was several years ago and things have changed, these companies have changed and there is just too much momentum at this point. i think president biden as well as some of his spokespeople have expressed concerns we have been hearing from other politicians in the house and senate about the power of these co

maria: is the doj investigating? >> it's inconceivable. you would think if you're in the fbi or department of justice, this is the biggest thing you could be looking at. where are they? i've not seen anything. i mean, i've just -- they just keep moving along and they go on to the next president. maria: carter, it's just extraordinary to me, given the evidence that we have. in fact, on november 10th, 2020, andrew mccabe testified in front of the senate judiciary hearing, he said any material misrepresentation or error in the fisa application is unacceptable. your reaction to what you heard from andy mccabe? >> well, unfortunately it's just a continuation. i've tried to help going back so long with the u.s. intelligence community, particularly the fbi. i sent as i talked about in my complaint, i sent a letter to fbi director comey two days after the defamatory articles started coming out from big tech companies and the big media. so unfortunately it's just been an uphill battle and i've been largely fighting on my own but now i've got a grea

what would you say to him and his followers about where we are with the doj? haven't heard anything from the doj yet. >> lawrence: well, i think for starters we should start off by saying friday that the president said that if the election is certified that electoral college that he will leave the white house. that was one of the things. so all the naysayers about this constitutional crisis, i think that kind of puts that to bed. but i do think that the burden now is on the's legal team to comthe president'slegal team to. have you seen people like rush limbaugh that is frustrated with the legal team because they came out with so many claims but hasn't cut the muster when it comes to our legal process. i think if i could say anything to the president's supporters, put pressure on the legal team to actually get a case in front of a judge that is credible there is no doubt there is voter fraud. the question is was there enough voter fraud to overturn this election? and right now, based on the fact that we know it's not enough of that. >> harris: kennedy, there is

they were almost guaranteed to never be investigated, looked into by the doj which has the authority to do so and as a result we saw these kinds of abuses that culminated in george floyd's death so george floyd wasn't simply the result of a simple rogue police officer. he was the culmination of policies that had empowered rogue police officers that happened in the trump doj under jeff sessions and then continued under bill barr so that's something that the biden administration has to do immediately. also depending upon what happens with the senate they're going to have to try to move the george floyd bill just on the -- in a low-hanging fruit of it. the george floyd justice in policing bill that passed the house but gone nowhere in the senate and that will be a significant part of this. and then finally elizabeth warren had a part of her platform that i think really warranted being included or being given some consideration by the incoming administration and that is that she said that the biden administration to support the repeal of the '94 crime bill and keep the parts that are imp

who stepped in, second-guessing whether doj could even do that since flynn previously pleaded guilty. tonight we're told the doj was not consulted about trump's plans for a pardon, though they were given a heads up today we're told. a justice department official put it this way, saying they would have preferred the matter to be resolved in course since they thought they would be successful getting the case dropped. ultimately they say this was an appropriate use of the president's power. two hours before michael flynn was pardoned, he tweeted this, a reference to the bible passage jeremiah 119. the passage says they will fight against you but will not overcome you. flynn also just tweeted, #fightlikeaflynn in a statement where his family thanked the president. michael flynn feeling vindicated now that he's been sheltered from any prison time by the president. there are questions about whether flynn could face additional charges under the biden administration since we know flynn also admitted to lying about his lobbying work for turkey. we'll see what happens. >> so it continues. out f

the fcc and the doj get confused about the case. it's beginning to do enforcement antitrust law and then there's the merger context to notify the agency's. then there's a certain amount of time that they have to look at the merger quickly and decide whether or not they are going to take a deeper look, which is called the second request and get more documents to investigate if they are going to let the deal go through. then they asked for more documents and do the interviews and whatnot and then they will decide whether or not to block the deal. fortunately they don't have the ability to say okay we've investigated this and determined its anti-competitiveness. they have to sue in court and win and the judges have bought into this ideology so strongly. we saw that recently with the lawsuits and the spread of the t-mobile merger. that is something that should have been straightforward when we talk about the merger and can competitors when they showed there would be millions of dollars of increases to consumers and still the judge decli

as for the doj's role, i think that this is a case where i think gina haspel has to be really, really careful. the way in which donald trump has succeeded in politicizing the top levels of the intelligence community, would make richard nixon blush. he has really compromised intelligence and a letter sized it -- politicized it and left many top jobs simply unfilled or empty, and he has installed a partisan sixpence in john ratcliffe as a director of national intelligence. that makes gina haspel job as the honest broker of intelligence not only to the present but the congress and the american people that much more difficult, and so much more important and critical at this time. and the fact we have a doj investigation, led by john durham, that seems specious at best, that seems aimed at trying to prosecute intelligence officers for doing their jobs is something that gina haspel has to be very, very careful about. she really needs to have the backs of her employees, and a record is really mixed on that. i have to say, when donald trump through his intelligence briefer under the bus, sayi

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but how are the doj rank and file responding? that's up next. at's up next it's still warm. ♪ thanks, alice says hi. for some of us, our daily journey is a short one. save 50% when you pay per mile with allstate. pay less, when you drive less. you've never been in better hands. allstate. click or call for a quote today. lexus has been celebrating driveway moments. here's to one more, the lexus december to remember sales event. get 0% financing on all new 2020 and 2021 lexus models. experience amazing at your lexus dealer. americans from both parties. turned out to vote in numbers like we haven't seen in a hundred years. and election officials counted those votes carefully, transparently and in accordance with the law. so, no matter who you voted for, if you cast a ballot, or counted them. thank you for showing the world that even in times like these, america is still going strong. thank you for showing the world that even in times like these, unlike ordinary memory want supplements-ter? neuriva has clinically proven ingredients that fuel 5 ind

first of all, the doj, do you anticipate a larger look at voter fraud from the department of justice and how will we know what kind of the tipping point is to get them involved? >> right, i think the tipping point, harris is the standard the attorney general set forth a few days after the election when he authorized all federal prosecutors. incredible instances of voter fraud that would be sufficient to change the outcome in the state. the president is right that after the attorney general made that announcement. we haven't really heard a lot from the justice department. but it seems to me one conclusion you could draw is that the justice department investigators are looking for this evidence but they just have yet to find it. >> harris: when the president expresses his frustration. and i don't know what normally things would look like in terms of the president having anticipation or an expectation of the doj doing something. but you just heard john roberts this morning. we have been reporting it. it may not be enough to overturn an election. at this point there are instances that wo

and with the doj investigation. and then to seems aimed at trying to prosecute intelligence officers for doing their jobs that gina haskell has to be very careful to have the backs of her employees. so when donald trump is intelligence before under the best saying that the first he heard was virus generate 23 the paper said it was no big deal. we all know now the name. she said that on her way out it is not clear who would replace or. that gina silence was deafening when he threw her under the bus. and this is the case everything by definition is a big deal and it's an even bigger deal. and this is a perilous time right now for the intelligence community and a lot is riding on gina haskell. >> and then afterwords with the top three recommendations to give the cia and with those restraints or those at the table. any of those things anything you would recommend? >> and it has to start in november this is not the first time we had a president who was convinced the cia was the deep state full of liberal enemy been to br

it comes to the justice department, joe biden's team, as we mentioned, is tapping recently departed doj officials, trying to circumvent this standoff based on your experience, is that enough? >> it's not enough look, i think it's valuable, kendis i don't think it's enough. i think it would be more valuable for the transition teams to have access to the folks who are currently there and whatever data and information they hold, by the way, and that includes access to intelligence briefings it's just beyond me that the biden team wouldn't be getting that now, even if you don't think he's the next president -- and by the way, he is -- but even if you don't think he will be, there's a non zero chance he will be. and if there's a non zero chance, of course you give them access to this stuff these transitions, these handoffs of power are too important to play games with. >> it's become my favorite phrase in this transition period, the non zero chance of joe biden becoming the next president. top house democrats, as ali alluded to, are demanding that the gsa chief, emily murphy, brief them mond

senior doj officials leaving because of barr, determined to just be henchman for trump. so i would like to see senior democrats in congress be vocal about this. i know congress isn't in session but i think biden is doing the right thing focusing on the coronavirus task force. from biden's standpoint i would give trump very little oxygen on his antics. >> there is some breaking news. let me bring our viewers up to date on what you just alluded to. trump loyalists are taking powerful positions at the pentagon today as david plouffe just said including an individual named cash patel, chief of staff to chris miller, there are others who are resigned. this is coming amiss mark esper leaving and giving an interview if the military times where he said god help us. he was explaining his philosophy there at the pentagon where he seems to be describing an attempt to pick his battles. i think, david, what is disorienting is that it is reporting that trump planned to fire gina haspel and chris wray, and never believe the intel whether it suggested that russia was threatening our cou

attorney general barr authorizes the doj to open investigations, while acknowledging there is no conclusive evidence of fraud. good morning, everyone, and welcome to "bloomberg surveillance." i'm francine lacqua in london. tom keene is in new york. we definitely don't have the euphoria we had yesterday, but we need to spend some more time back on u.s. politics to try to understand what they republican party is trying to do with michael -- with attorney general barr. don: let's remember j.p. morgan at one point yesterday, francine, went up 15%. that was the kind of move we saw. last night, and a lot of people missed this in america, exhausted from the election, we nestor8:00 or 9:00 p.m., barr making these statements. i would suggest this mr. barr -- mr. barr making these statements. he was extremely careful. every word was chiseled out. for me the headline is the 20-year veteran of this under election crimes, mr. pilger, a herk to james moody, resigned. to me that is the real headline. francine: it is a huge deal and we are trying to figure out what this means for the republican party and t