check your local lowlcal listin the super bowl of course. "the story with martha maccallum" starts right now. >> ♪ >> martha: breaking tonight the memo that details the questionable methods used by the fbi and the department of justice to surveil an american citizen on the trump campaign is out. democrats and the fbi fought as hard as they could to keep this under wraps. the house intelligence committee said the memo proves these same people worked hard to get the dossier out into the public. that's one of the many questions in all of this tonight. i am martha maccallum this is the "story." the president summed it up like this. >> what do you think? >> i think it's terrible, if you want to know the truth. it's a disgrace what is going on

in this country. a lot of people should be ashamed of themselves and much worse than that. i sent it over to congress. they will do what they are going to do. whatever they do is fine. thank you very much. >> [overlapping talking]. >> you figure that one out. >> martha: according to the memo fbi director andrew mccabe stepped down after his boss would have seen this memo. said without that dossier written by christopher steele there would be no warrant. despite questions about the dossier's accuracy. a prediction made months ago by the target of that fisa warrant. here's carter page back then. >> when the truth comes out, when speaker paul ryan says the fisa warrant, the details about the dossier and what happened and all of those documents will be released. that's what i am excited about.

the truth will set a lot of people free. >> martha: interesting. the key players and how all of this played out tonight. >> good to see you. democrats renewing their calls for congressman devin nunes to be removed. top republicans say this shows the house intelligence committee chairman succeeded in delivering explosive information. the memo signatures that -- suggests that top officials in the obama administration used a fisa warrant to surveil carter page and spy on the trump camp. this zeros in on former british by christopher steele who was desperate to prevent trump from being elected. the memo says, quote:

ohr's wife was employed by fusion gps and he provided them with all of his wife's research paid for in the clinton campaign via fusion. the deputy director of the fbi andrew mccabe went to the fisa court to get the surveillance. the memo said mccabe testified before the committee in 2017. no surveillance warrant would have been sought from the fisa court without this dossier. >> did they use this dossier to

obtain surveillance? the answer is yes. >> hillary clinton and the democratic national committee funded the dossier. they called it a sham memo out to discredit robert mueller's investigation. saying no one is above the law. on the question of law a lot more information on why a trump appointee rod rosenstein helped renew the fisa warrant after the new president took office. the dossier may have only been a smart percentage of the information submitted to the judge to get the warrant. comey tweeted today: remember that bit you played at the top.

the president saying what do you think when asked about rosenstein, suggests more house cleaning. >> martha: here with more breaking news. congress pete king who sits on the house intelligence committee. we spoke to him throughout this process. signaturuggest suggests. what do you make of the former fbi director james comey about this memo and how it wrecked so many of the individuals who were involved with it, i mean the agencies? >> i was one of those people who over the years supported james comey. i am disappointed. that was a political response. he did not dispute one fact in this 4-page report. it's an indictment of his tenure at the fbi. he just came out with something that sounds like a talking point for the democratic national

committee. that shows he is concerned about something. that's a disappointing response from the former director of the fbi. something is bothering him. >> martha: the overall-thrust of this is that several individuals including james comey and andrew mccabe and sally yates and others signed off on the application for these fisa warrants. every 90 days it has to be renewed. every 90 days you have to have a very specific reason to renew it. what they used according to this was the findings of christopher steele. they never mentioned to the fisa court even they knew that steele was funded by the clinton campaign. they never mentioned that to the fisa judges? >> yes, that is shameful.

the american public should realize, this is not like giving somebody a traffic ticket. going into a fisa secret court to get a warrant to wiretap an american citizen, this is the highest responsibility. you have an obligation not to just tell what is bad but any evidence. put in the full picture. they submitted a dossier which comey admitted was unverified and salacious. they said michael cohen met with a russian agent. in the czech republic. he's never been there. it's information like that, that was the basis of this dossier. to use that dossier to spy on an american citizen is outrageous. it shows a mind set that was there. they did not do the right thing.

>> martha: the senator from the house judiciary committee used the word conspiracy where his reaction to reading this. that's a crime. what is the next step? do you believe there will be any criminal prosecutions based on your findings here? >> i would think the judiciary committee should hold hearings and rod rosenstein should explain why he extended the fisa application? why he signed off of on that. it came out now. what did they know and when did they know it? how could they have gone into a secret court, a fisa court knowing how weak and how false this information was? >> martha: something about the fisa court. they apparently didn't push for

more information on christopher steele. they didn't say who is paying this person? does that strike you as odd they were so willing to sign off without getting more information on where he was coming from? >> yes. again, not having seen everything, i can't comment on that. it's unusual. also it could show a level of trust between the justice department and the court. the fact that there were all of these high ranking people signed off on this dossier. they must assume that the fbi and the justice department looked into it and had very good reason to believe it was accurate. that's something to see. as far as i know, this is the first ever federal investigation of a presidential campaign being carried on while the campaign was on-going. to do that, based on this flimsy evidence, it's a dangerous precedent to set here. very dangerous. >> martha: one last question. some democrats on the

intelligence committee are pushing back. they didn't want this to be out. they have their own memo going through its own process. they claim that the insertion made about andrew mccabe in here, that he testified in december of 2017 that no surveillance warrant would have been sought by fisa without the steele dossier information. that assertion says this was essential. this was the spine of their application. they are saying that is not what he testified in that room. you were in that room. what did you hear? >> that's my recollection. also i would point out this memo was shown to the director of the fbi and three top assistants. they did not challenge one fact in that report. to me, such a key issue as mccabe, if the fbi director and his three top assistants, when

they accepted it and did not challenge it, that backs up that is what mccabe said. >> martha: and there is a transcript of that? >> of course. >> martha: thank you very much. back with me now, chief national correspondent ed henry and molly and jessica. all fox news contributors and here to chew over what we are looking at here. a tweet from mark warner, a senator. he said i read the underlying documents on which the nunes memo are based. they simply do not support its conclusion. ed, in terms of what you believe devin nunes's response is. you can remind everybody? >> based on all of the tweets and reactions, that might be one

of the best in terms of pointing to let's stick with the facts. let's get to the evidence. before the fisa court, was the dossier 80% of what led to the approval or 10%. if it was only 10%, then devin nunes will have a problem. what warner is pointing to the democratic side the underlying evidence may suggest this is a distortion of the fact. people around devin nunes say if more information comes out. he will be more vindicated. they want to put more information out and show that there was malfeasance at the fbi and the justice department. he said the reaction from james comey and other people are talking points. >> martha: jessica, one thing we were told were concerns about national security would be

reveal. you're absolutely right. there are concerns about the national security raised on this with an american citizen being under this kind of surveillance. >> absolutely. those are valid concerns. i am confused about the names they wanted to redacted. i could not find any name there they should have been redacted. i take senator warner's point on there. i hope we get the democrat response and the fbi has a response. christopher wray voiced concerns about the release of this. to congressman king's point. the most interesting point was point 5 about george papadopoulos's role and the investigation began with him 4 months before the fisa issue with carter page. is this about carter page or other people in the trump campaign and one who has pled guilty?

>> martha: what do you think this memo reveals at its heart today? >> a bill of rights to the american constitution says the federal government should not be able to arrest us or spy on us without a very good reason. that separates us from the dictatorships out there. this shows unverified information provided by a dishonest foreign spy working on behalf of the hillary clinton campaign, that information was used to justify spying on a private american citizen who volunteered for the trump campaign. it tell us this information they had about how this dossier was funded and who provided it and about the shadiness of the character was not given to the fisa court. i think people have way too much trust in the fisa authorities. this suggests we need much better safe guards to protect

our civil liberties and consitutional rights against being spied on without good cause. >> martha: a great point. all, thank you very much. coming up, what does special counsel robert mueller do about the other side of the russian investigation? plus, a father whose daughters were abused by nassar could not hold himself back in the courtroom. >> [bleep]. >> [shouting]. >> give me 1 minute with that [bleep]. before discovering nexium 24hr to treat her frequent heartburn... lucy could only imagine enjoying a slice of pizza. now, it's as easy as pie. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn?

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>> martha: now that the memo is out there and the tactics for surveillance are revealed, what is the impact on the mueller investigation? that is democrats insist the probe is heath up. russian probe investigators think mueller being indict trump. they layout why he could or could not. these are fox news contributors. jason, your first opportunity to

speak out now that it's out there. what did you think? >> well, it's shocking how willingly the senior leadership of the fbi was manipulated. to have to go before the fisa court 4 times and never have a warning flag, it's disappointing. it's sad. it taints what they are doing and how they do it. for the fbi to try to surpress the release of the names. it's because their only names were within this document. >> martha: did it surprise you in terms of the fisa court itself? they did not ask for more information about who christopher steele was? we know it was media reports that were used as corroboration for a document that was not corroborated itself yet. that seems flimsy. >> no, they gave the information to yahoo news that gives the

credibility of the report. the fisa court is a one way street. there is no other side. they rely on what the prosecutors present to them. when you are james comey 3 times signing off on this, is a belief and trust that should be shattered. what they were presenting was a complete picture to do spying. it was not true. >> martha: your reaction? >> i have two. first the intelligence community itself as well as all of the democrats who have seen the evidence in memo was based on have said that this description by nunes which is what is in this memo leaves out so much as to be utterly misleading and in many cases directly the opposite conclusion from what the intelligence committee said. this memo makes clear the investigation of carter page

began well before they went to the fisa court. we will have to see and i assume that the president will approve the other intelligence not just the things that support his own side of the case. >> martha: one of the questions that raises. they were watching carter page for sometime and had questions about his travel and who he was talking to and the broad picture they were worried about him with regards to, was he was promising to lift sanctions if he game them dirt. >> they have not proven, that we know it. >> martha: why wasn't he indicted? the christopher steele report, if this was not just that they were using, they could use the real stuff to go after him. they have not done that. >> no.

>> what the report says is that mr. mccabe testified early they're the dossier was the only justification they had to get this warrant. that is a compelling piece of evidence. on the heels of this you have the inspect general report which will be much broader. we have 4 pages. it doesn't look good. the democrats to their own shame have been saying this is -- come on! if there was going the other way, they would have been just absolutely screaming. >> martha: the democrats are going through the process and they should get their memo out. >> i agree with that. if there are questions raced by this memo, that's fine. we should not do what we have done so far which is have only a one sided only republicans voted to release this cherry picked

part of the information. >> martha: well, lots of vetting. they figured out whether to strip anything out. >> [overlapping talking]. >> martha: we want to see all of it and the democrat's memo as well. gentlemen, thank you. coming up right here, president trump stepping up pressure on north korea. meeting with defectors who escaped horrors in the north. some critics called that meeting a risky strategy? ♪ you know how painful heartburn can be. for fast-acting, long-lasting relief, try doctor recommended gaviscon. it quickly neutralizes stomach acid and helps keep acid down for hours. relieve heartburn with fast- acting, long-lasting gaviscon.

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with humira, remission is possible. >> ♪ >> ♪ >> live from america's news headquarters. a las vegas man who sold ammunition to the shooter is facing chargers. he is accused of manufacturing armor bullets. he held a news conference saying he noticed nothing suspicious when he sold 720 rounds of ammunition to stephen paddock. this year's flu season continues to intensify. according to the cdc, 1 of every 14 visits to doctors and clinics

were for victims of the flew. the -- flu. it usually peaks in february. back to "the story with martha maccallum." >> i knew if larry nassar had done this to anyone in my family, nieces or nephews or little girls i had coach for so long, that's how i knew what he was doing was so wrong. >> martha: that was an interview on the devastating impact of the abuse had on the families. that devastation played out potently in court today in a dramatic fashion. watch this. the father of three daughters who were abused by that man. lunges at the former u.s.

gymnastics team doctor in a michigan courtroom. watch what happens here. >> i would ask you to as far as the sentencing to grant me 5 minutes in a locked room with this demon. would you do that? yes or no? >> no. >> would you give me one minute? >> you know i can't do that. >> well, i will have to -- >> [shouting]. >> stay down! >> let me at him. >> martha: awful. you feel for him and for his daughters standing there. you can understand it. the olympic committee are launching an independent investigation into the decades long abuse by nassar. hiring outside counsel. people wonder how they didn't know for sea long. at the end of the video the father says to the court

officers, what would you do if you were in my shoes? it was one of those memorable moments of the president's state of the union address this week. sharing the painful story of a north korea defector tortured after losing an arm and leg after he was hit by a train as a boy looking for food. president trump highlighted the human toil of the regime of kim jong-un. >> you still keep those old crutches as you reminder of how far you have come. your great sacrifice is an inspiration to us all. thank you. >> [applauding]. e >> [cheers and applause]. e >> martha: the most incredible

moment of the night. there were very moving stories. today that gentleman came to the white house and the president sat down with him and other defectors. people who have escaped the horror and devastation of life in north korea. the oval office meeting raised pressure on kim jong-un. critics called the strategy risky. here is tony shaffer. thanks for joining us. obviously that is a powerful moment. >> absolutely. >> martha: you maintain that there is also a serious policy initiative that underlies what we just saw. >> absolutely. this is risky stuff. walking across the street in new york is risky. you have to take some action. president trump changed the practice trajectory of our relationship with north korea and china.

he is commited to the process of trying to push the koreans to step away from bad actions and did what president obama failed to do. put in the human faces. a dictator who subjected his people to untold horrors. this is the tip of iceberg. the president made this personal and saying you need to change the ways you are doing things. we are done with this. >> martha: it's fascinating it's being called risky. it remind me of what we saw from nikki haley at the u.n. and this instance. you are not making it up. you are telling stories. you put light on it and let the world look at and let north korea know it's an argument potentially for what might have to be done down the line.

>> right. we are talking about moral high ground. there are redlines coming up. the north koreans said at the u.n. they will do an above ground test of a hydrogen weapon. we are worried about that and worried about icbm's. the pentagon asked for more options against north korea from the white house and the pentagon. the president said this is important because here's what is going on. it gives memo an understanding of why he cares. >> martha: so important to understand. before i let you go. obviously you spent much of your life in the intel community. you see what james comey said during the course of today. that this is undercut, this memo undercan you tell us what you all are -- undercuts what you

all are trying to do? >> bring it on. much more has been revealed about things. the material facts used to justify things, put them out from. the facts are the fact. put the sunlight on. secondly, i can't believe that anybody would accept russian propaganda via this steele character, process that as intelligence. russia -- there was russian collusion. it was fusion gps taking russian propaganda. and putting it through the system so now that even to this day it's upsetting the cart of apples. when senator mccain says the russian are trying to underman our democracy. it's linked to fusion gps and not collusion. >> martha: the russians were pulling the strings? we will help you out, hillary

clinton? >> there you go. >> martha: and they played into their hands? >> precisely. >> martha: thank you very much. it's one more thing year since the riots on the university campus. we have an attorney representing the group and a young man representing the cause. only 2 days until justin timberlake is at the super bowl halftime show and my patriots take home the super bowl. we'll be right back with that. >> you should wear an eagles jersey on the set. guys, i know it's so hard to trust but you've got to be strong. remember janet? she got cash back shopping with ebates and hasn't been skeptical since. where'd the money come from? stores pay ebates. psh!!!

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uc-berkeley that started after students were angered over conservative speakers. the department of justice came down in favor for students claiming the administrators unfair unfairly harmed their ability to have allow conservative speakers. jonathan with the back story tonight. >> berkeley and its students it's been a roller coaster year with the university at the center of the campus free speech debate. a years ago 1,000 students demonstrated. it began peacefully but ended in widespread violence. they set fires and smashed windows. security fears played a major part in a planned april

appearance by a conservative author and speaker coulter. and in september in free speech week. the justice department is backing the conservative students lawsuit against berkeley because according to the doj administrators used their discretion to decide when speakers have: the university said, quote: and berkeley's new chancellor aware of the physical and reputational done from last

year's violence called on all students to be tolerant. if they disagree with an invited speaker's views to protest peacefully and honor berkeley free speech tradition. many republicans feel that the chancellor's plea is hypocritical and berkeley needs to be reminded by the courts of its free speech obligation. >> martha: the attorney representing the college republicans and bradley, a student and president of the berkeley college republicans. bradley, we remember that there were what may turnout to be lip service about being more tolerant and allowing more voices in the bastion of free speech that berkeley claims it is. what have you seen in terms of the change in year? >> well, this past year, i have

been focussing on reagan's words, if not us, who? this lawsuit has that in mind. on a campus with violent organizations are openly recruiting, this is a way to maintain your right to free speech. >> martha: get us up to speed on the doj lawsuit. >> sure. right after colt courter speech was shutdown. the judged agreed to allow us to amend our lawsuit. the new policy is the same as the old policy but using different language. they are calling it major

vivants. -- events. in the second round the motion to dismiss, it is doj filed a statement of interest last week and agreed that our lawsuit should be allowed to proceed and the court should decide whether berkeley violated its constitution by restrictions on conservative speech on campus. we will be arguing this motion in court in two weeks. >> martha: bradley, in terms of the practical application, rachael wrote a piece about this. the violence we witnessed and the shouting down of the speech and ignoring of thought diversity in the name of recognizing other points of diversity at times, even speaking out in class is something that has been so hampered across the country. i hear it from college students all the time of.

that's even more important than the outward violence which is reprehensible. >> i have seen it time and time again with members of my club. they said i wrote a paper conservative and i have been marked down compared to my peers. is there any way to pursue this with the professors? >> that happened to me in my first year. i challenged it with the graduate student instructor and the professor gave me a higher grade. there are ways to disempower the radical leftists and keep challenging them. >> martha: i heard a sad story about a bright woman who wanted to be a political science major. halfway through the freshman year, said i can't do it.

i will switch my major. that's heart breaking. the university experience should be a place where there is a lot of different viewpoints and the debate helps you form your own opinions as a student. >> you are so correct. this is so disappointing to me. when i was a student at dartmouth, i had a similar experience of my clients. 30 years later, the election of president trump was used as a trigger by universities across the country to crackdown. students are told to not speak about the president's victory. and told it's racist to talk about border security on campus. this is progressivism run amuck. it's fine for people to hold different viewpoints. >> martha: everyone's viewpoint has to be respected. >> that's right. >> martha: it's fascinating to see the department of justice is getting behind this. good to see you both.

>> thanks, martha. >> martha: friday flash back time. one of the most controversial moments in super bowl history. remember janet jackson's wardrobe malfunction. she could once again make an appearance this weekend in the halftime show. jesse waters will discuss that and justin timberlake's interesting message to football fans. >> he will never play football. no, no. in the modern world, it pays to switch things up. and when you switch to esurance, you can save time, worry, hassle, and yup, money. in fact, drivers who switched from geico to esurance saved hundreds. that's auto and home insurance for the modern world.

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>> ♪ >> martha: the big game is 2 days away. my new england patriots against jesse waters philadelphia eagles. the biggest buzz is the halftime show with justin timberlake. the first super bowl appearance since that one in 2004 and he and janet jackson coined the phrase wardrobe malfunction after he tore her costume and exposed her bare chest. it was the most replayed moment ever. jesse waters from "the five." hmmm. >> taking it to the house. i don't watch the superbowl

half-time. that's when you go to the bathroom. >> martha: that whole thing. it seems so tame now. >> i know. >> martha: compared to who you see in the world today. i don't think she will show up. >> they are just doing it for the buzz. >> martha: this is justin timberlake asked about whether he would let his son play football. >> he will never play football. >> okay. >> no, no. >> martha: [laughing]. i am sure the nfl was thrilled with that comment. >> off message. i played football and look how i turned out. i am on fox news and talking about the memo. i am okay. only had one concussion. i can figure out the tip on the bill in the restaurant. that's about it. >> martha: you were not gronked? >> no, i think he played every game with a concussion. hard to tell the difference

between him with a concussion or not. >> martha: who would you root for in the superbowl? most americans don't care. my viewers, i am glad you stuck around for this. the eagles 37%. patriots 16%. >> they hate you. >> martha: 46% say it doesn't matter. now i am rooting for the team that everyone hates. >> everybody hates the patriots. they have a reputation more cheating. the philadelphia eagles are the underdog. >> martha: let's see if you being win on jeopardy. >> do or don't name in play in which the quarterback runs the ball and can choose to pitch it to another back. >> an option play. >> i can tell you guys are big football fans. >> tom landry perfected the shotgun formation with this

team. >> [laughing]. >> dallas cowboys. >> do you think we should go to commercial? let's look at the $1,000 clue just for the fun of it. [laughing]. if you ring in and get this one, i will die! >> [laughing]. >> martha: not football people. >> no. i love how cocky trebek is. come on, in other words, it's the cowboys! >> martha: if my team wins you will wear this on "the five." it's gronk and we hope you are feeling great gronk. if the eagles win, i will wear this. >> i will have the jersey next monday! >> martha: may the best team

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>> martha: so that is the story on a busy night. second me a tweet @ martha maccallum. we would love to hear from you. my friend tucker carlson in d.c. coming up next. ♪ ♪ >> tucker: good evening and welcome to tucker carlson tonight. after weeks of hype and innuendo and threats and a lot of hysterics, we finally have the house intelligence committee memo in hand tonight. we're going to spend the next hour telling you about it, what's in it, what it means, what it tells us about how our leaders govern when we are not watching them, if you are a regular viewer you know we rarely spend entire show on single topic. we think this is worth it. there has been so much lying about this memo bipartisans in congress and high hyenas in the press. lessons are at risk of being drowned out and lost. truth is