>> wait to see what happens. we are back at noon eastern tomorrow. here's harris. >> fox news alert, we are awaiting president trump's arrival in ohio where he's taking his pitch to overhaul the nation infrastructure. we showed you his depar occur live in "outnumbered." we'll show you that shortly. he will speak at a union training center outside cleveland. the president has asked congress last month to consider using $200 billion in federal money to kick start more than a trillion dollars in upgrades to the nation's aging bridges and roadways. we will take you to the president's speech live when it begins. another fox news alert big developments when it comes to the investigation into alleged government surveillance abuses. we go "outnumbered overtime" i'm harris faulkner. the justice department inspector general has announced he's

launching a probe into fisa abuse. this come after attorney general jeff sessions anuprep members -- and republican members of congress demand look into how the agency got warrants on carter page. here's judge andrew napolitano why the fisa process is ripe for abuse. >> it's standard for spying. it's so much lower than the constitutional standard. fbi agents knowing they couldn't get a search warrant from ordinary federal judge will go to the fisa court instead under the pretext that it's an intelligence warrant because that court delivers 99.9% of all requested search warrants. there isn't a court in the country that has number that high. >> this is about spying on americans through a court that is used for spying on foreigners when they are here.

let's bring in doug mcelway from washington with more. >> in addition to willing to approve almost every warrant application. the fisa court is secret. that's contrary to the ideals of system of justice. congressional republicans who have not found evidence of russian pollutions are confident this investigation my embarrass democrats. >> this boom rang on them. you have half the american people now though in the other parties the democrats appear like they weaponized the intelligence services by by using the foreign intelligence surveillance in this country to go and target the opposition campaign is totally unacceptable. >> in agreeing to the fisa court investigation, michael horowitz wrote that the d.o.j. will look at the time of the application were filed from about an alleged

fbi confidential source. that is reference to christopher steel. the author of the dossier. paid for by the dnc and the hillary clinton campaign. he will review the d.o.j. and fbi relationship and communications with the alleged source as they relate to the foreign intelligence surveillance court applications. steel was working as fbi informant. which then forced the fbi to severance its relationship with steel. steel maintained back channel communication to the d.o.j. through deputy attorney general who's wife knelll nelly. whatever the ig uncovers, it's important to remember, he has no power to indict anybody but what

evidence he does find can be used by a special prosecutor should one be appointed. last month, finally, president trump voices displeasure with the prospect of an ig investigation like this noting that lack of power existed and he said in his tweet, it will take forever. >> we have some breaking news to get to. thank you for bringing us those story. what we have learned, a judge has denied porn star stormy daniels right to depose the president of the united states. she said she had a one time intimate affair with the president. she had her life threatened. what her attorney has been wanting to say or wanting to push for was we want to depose the president, we want to depose the president's attorney michael cohen over a payment that was

made. whether or not that interfered with the election laws that exist because of the size of the amount. let's go to kevin cork who was outside the white house. this is interesting. big news because we haven't heard the president or maybe he hasn't had to until now get on the record. but this is a game change now. stormy daniels is being told, you can't go after the president in a deposition. >> at least not yet. i'm glad you mentioned that. when you read what the judge wrote, effectively what he's saying you can't fast track this. unless the other party decides to make a suggestion, meaning they want to also depose ms. daniels. i want to be careful to remind everyone as we sort of unpacked this, just make sure that you understand that it at least rake now the judge is saying this will not go forward. that does not mean that cannot change in the future.

i want to read little bit here. i got this from my producer. this is from judge otero. the party advised that the instant litigation is not the most important matter on the court's docket requests for expedited proceedings are not supported by the record and the law are discouraged. it means is a federal judge in los angeles says that motion to expedite a trail and deposition the president and his lawyer, frankly failed to meet -- >> i want to slide in another detail with you. we both are reading some of the things that have been flagged from judge otero. suggestion that some of the issues pushed forward by stormy daniels may have merit while the plaintiff is correct that a party alleged to be in default is entitled to demand a jury trial of valid question regarding making of an arbitration agreement. they want this to go to trial.

it doesn't mean this is going to go away. i want to slide that in. you're looking at some of the same breaking details that i am. let's piece this together. the efforts by stormy daniels are now just being slowed down. what i'm saying game change, this had rapid succession. now it does not. >> couldn't have said it better. it means at this point, pump the breaks a bit. the judge is not saying this can't happen. he's saying right now, you have not met the standard to move this language forward. i do agree with you, harris, you said something at the top, this could be a major game changer from the president's perspective. at least from his legal team who look at this and say, this wasn't against is our argument, that her attorney is reckless. he's coming out with guns blazing. he is buck shooting and not likely to hit anything that will endanger our client.

talking about michael avenatti. he has said on the network, he doesn't bluff. i hardly think this will shoo him away. i do agree with you, for the day a major victory. >> it gives him place for -- we know we have a speech from the president coming up. it gives some place for his communications department and press secretary to go with the facts of the case. a judge has just denied stormy daniels right to depose the president. we don't know all of the details about his personal attorney, michael cohen who we know legally got himself into some hot water by writing some sort of check or document for $130,000 to stormy daniels and whether or not that interferes with the election laws because of the timing of that check. she said it was hush money. they'll get to the bottom of that. but for now, it won't involve the president in a deposition. i appreciate you standing outside the white house and

going through this with me as it's breaking. we'll bring you back.thank you. now back to top story. the justice department inspector general has announced he is launching investigation into possible fisa abuses by the d.o.j. and fbi. bringing in now republican congressman darrell issa who sits on the house judiciary. where are we in all this? let's catch ourselves up and the headline in this to you. >> we're where we should have been at least eight years ago. september 11, 2001, we were attacking. congress gave back judicial powers to the department of justice. they find these abuses or appearances of abuses congress

starts acting to pull back some of the accesses that allow the fbi and other agencies to abuse people's public trust of how this process works. in this case, it happens to be a high profile example but i think the president has now is helping all of us understand that this study is going to show abuse likely here because we've seen that under devin nunes leadership. this probably not only time by far. that will allow congress to act. what you're alluding to earlier is true though. he doesn't have prosecutorial power. there is going to be need somebody outside of the department of justice looking at those who did wrong and holding them accountable. >> not just because some of those people are left these agencies the d.o.j. and the fbi. because the inspector general could talk to them.

he can't compel them. but also who volunteers for that sort of thing and who really with a subpoena can go after. that will be someone else outside the process. can we go back to the bigger picture. what you're saying is so important. i hope people don't miss this. this is about a court that operates in secrecy. that we don't know what the court being told because we can't see the applications that they receive on anybody they're watching, foreigners they're watching and any americans that might be scooped up. your right, these are high profile people, the president and carter page. this could happen to any of us, right? >> absolutely. one of the things that i'm looking forward to is michael horowitz, i worked with him in the past many time. he's a very dedicated ig. when he gets through this, he's going to be giving congress the opportunity to write legislation to further protect americans.

we have a president that i believe will that will sign that because he's been victimized by it. but also, because it's time. this is important. obviously the other part of which chairman nunes discovered the abuses which appear to be systematic by the obama administration and people who were politically active at all levels. that's a separate one that's going to take prosecution. when your spouse goes to work for the other side when you leave things off, it goes beyond shortcuts. it gets into political activism which apparently department of justice under obama was not beyond doing. >> i want to push against some of the reporting that has come out that -- well, you know, republicans, this was a separate issue for what they passed. you saw how house speaker get out. we an opportunity for republicans to take a look at

fisa and tackle this issue about the rest of us as americans who might be spied on. republicans chose not to do that with leadership taking the lead on that. house speaker ryan. what do you say about that? they had an opportunity to correct some of this and it didn't happen. >> i think jim sensenbrenner led the charge to try to do as much as possible. i'm first to say, jim sensenbrenner and myself and others would like to have done more of the same in the senate. one of the challenges we have with -- >> rand paul tried as well. >> we have this balancing act, if we let it expire, the american people are exposed and it's dangerous. if we don't let it expire and we get reforms, we win. the problem is, each time it comes up for reauthorization, we get less than we like to get. even in this last time, there was something. i'm not happy, chairman

sensenbrenner tried to get more when it comes up for reauthorization again, by that time, we'll have a lot more facts. i hope we can hold particularly the people bringing these packets accountable. it's time and time again as you said earlier in the show, a shortcut to circumvent a regular warrant often. that's got to stop. >> if it's found that there were abuses with regard to that trump campaign staff member, what will accountability look like? when i say accountability, i really mean punishment. >> prosecutions and determination for wrong doing sends a message that don't take shortcuts, don't do it. you welcome looked -- if you fail to have somebody fired and lose a pension and prosecuted, then the only thing we can do is change laws. one of the challenges it's one that frustrated me for a long time, is when they're not

obeying the letter or spirit of the law, further changing law is not effective as holding people accountable. >> so true. that's what as we report this, american people as you look am some of the responses on social media. people are missing what this is about. is anybody watching out for us so it doesn't happen. we got breaking news. i will ask you to stay here for if if you can. the associated press is just reporting that russia in retaliation for the strong move president obam-- president trum. russia is getting ready to expel same number of diplomats as we did. american diplomats. that number will be 60. congressman talk to me about the retaliation from russia. this came from what they did supposedly in great britain. >> this is welcome.

this kind of back and forth diplomatic pressure to show wrong doing from russia is fine. our diplomats will come home. it will work to the detriment of russia doing commercial business. but at the same time, this is what you have to have. you have to have back and forth. we did not remove their diplomats without reason. we did it in support of our strongest ally britain. britain did a similar amount. i'm sure is russia kicking out british diplomats. this kind of thing is nonviolent. it's a fair retaliation bag and forth what has been attempted murder and likely will still be murder. this kind of thing that putin has done, he gets away with it in the shadow of the kremlin in russia. he murders all over the world.

this time he's being held accountable. the diplomats sent home will be pretty happy. >> congressman we had seen reports that the daughter of that british spy who was poisoned along with his daughter, had gotten out of critical condition. that it good news. we don't know all the details about their medical condition. attempted murder could go in a different direction. we're hoping their lives are not imperil to change those reporting facts. russian foreign minister said russia will close the u.s. consulate in st. -- st. persian. -- st. petersburg. >> there are two purposes for these areas. the government to government exchanges, they are typically in the nation's capital. when look at st. petersburg and other places in russia, you're

really talking about business commercial. will it be a detriment to commerce and russia? absolutely. if i were american going to be a vacation to st. petersburg and the consulate was closed and i didn't have the kind of capability if something goes wrong, i would think again about taking that vacation. that's exactly what's going to happen. russia is going to lose business including the tourist business in massive amounts as a result. most people that we're kicking out are spies, we already knew it. >> that's interesting. what does this do for keep track. our people are doing important work too. they're keeping eye on some things. i don't know how much access they have information in russia. they tend to kill their journalists over there. we do need some eyes on the ground there. what does this do for our ability to know what they are doing? >> this is one of the modern

challenges, how much can you get from satellite, how much can you gets. how much you need human beings on the ground. how many of them can be your people or other international people that can be the eyes and ears. the one thing about russia that john mccain said very well, is they really just gas station. not a nation. they have an economy size of italy and they put a ton of it into military and wrong doing around the world. they're not the quite soviet union we once dealt with. i believe we can continue to be aware of their activities. st. petersburg is not where they're developing next generation nuclear weapons either. i think in the long run, what you will find is that tourism is going to drop off. the good will that russia once had is going away. americans are going to stay away from both investment and visiting russia. that's going to hurt russia. >> all right, congressman, thank

you. you've hit us with some great points as news is breaking on couple of fronts here. we appreciate your time and expertise. thank you. this fox news alert. president trump just touched down in cleveland, ohio ahead of a speech to tout his infrastructure plan this afternoon. we're looking a at live picture, cleveland, ohio air force one. we're keeping up with the breaking news this hour and as soon as the president emerges there, we're going to bring you this picture live as well. i mentioned he will talk about infrastructure. it's a winning issue for republicans ahead of the midterm elections. it postures democrats in an interesting way. because if they go against infrastructure spending, which the president says will create many jobs in this country for those aging bridges and roads, it makes us safer as people here in america and put people to work. will democrats push against that the way they did against the tax cuts which millions of americans say they are feeling in their

paychecks everyday. we are watching the president land in cleveland, ohio. we'll take a quick break. turn up your swagger game with one a day men's. ♪ get ready for the wild life a complete multivitamin with key nutrients, plus b vitamins for heart health. your one a day is showing.

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it's going to create lot of jobs. he's in ohio to talk about building up our infrastructure dealing those aging bridges. have we seen what can happen with those aging bridges and roads. the president is there as he makes his remarks. meanwhile again, talking about the president now. we're moving another cabinet member. he says he's hoping to replace david shulkin with white house

physician ronny jackson. shulkin was under fire for months or angelled travel abuse -- alleged travel abuses. shulkin says he was undone by those who want to privatize veterans healthcare. white house principle deputy press rah weighed in. >> this a man who is a doctor who understands medicine. understands the military. he understands somewhat veterans need in the 21st century. >> michael warren senior writer of the weekly standard. in your reporting on this, the president has been and we knew have been looking at the physician for a while. maybe shulkin doesn't think that the scandal matter, it matters to some. >> it matters to most important person, which was donald trump.

it was in particular, a problem for david shulkin that the press coverage of of this scandal was about misuse of taxpayer funds, independent investigator, inspector general report that found he misuserd funds to travel to europe with his wife. to cover up of that by david shulkin, his sort of dissembling of the facts. the coverage of that was really bad. the president responded to that. i don't think it's the only cabinet member, ben carson over at hud, ryan desig zinke. >> furniture and plane travel, expensive things. >> that's right. it under cut. in the president view his message from the campaign which was to drain the swamp. these stories were undercutting that message. he needs to take action.

david shulkin is the first on the chopping block for the president. >> let's talk about this doctor. ronny jackson. what do we know about him? the president and white house are taking criticism because he's never run anything. variety affairs is huge. it's the second largest agency in our government. right behind the pentagon. >> that's right. it's an agency it's a department that's really been troubled the last few years. lot of smart, very qualified people have tried to make it work. all of the va hospital scandals festered under his leadership. >> people died on waiting lists to get into in to see doctors at the v.a. >> president obama brought in bob mcdonald. ceo of one of the biggests companies in america. then you had david shulkin, who

was deputy. it was really troubled agency. i think there are some legitimate questions about the fact that really anybody would be sort of under qualified to deal with this massive bureaucracy. >> reat a time we -- are we at time we want to split this position up? you haven't run anything, but you are a doctor. he does bring something to the table here that the president is looking saying, he's a doctor. he'll get some of this. privatization, vouchers or whatever. maybe you need somebody administratively. it's a suggestion. >> david shulkin is a doctor as well. it is a qualification. it may not be -- >> they couldn't figure out how to do his expenses. >> exactly. he gets to this in the "new york times" op ed. he said, there were political appointees a the department who he was resisting their efforts to privatize.

which has been a big republican agenda item with regard to the v.a. maybe he wasn't the liable person -- right person to implement what the president wanted. >> michael warren, thank you very much. let's go back to the news that has been breaking this hour having to do with russia. they said they were going to retaliate. we have congressman issa on, who said we saw this coming. it probably hurts them more than us. they've now decided to expel the same number of what we call spies in our country. the same number of diplomats inside russia. the intelligence officers were spies, russian spies in the united states, the president took the move to expel them, shut down their consulate in seattle. we know in st. petersburg, the u.s. consulate will be shut there according to russia.

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>> all right. let's get back to breaking news. associated press reporting russia has announced retaliation. we know what it is president's expulsion of 60 russian diplomats in seattle. moscow saying it will now expel the same number of u.s. diplomats. it will close u.s. consulate in st. petersburg. congressman joe wilson republican of south carolina is member of house foreign affairs committee. we knew they will will do something. is this what we thought? >> thank you for your service. we did anticipate retaliation. it's counterproductive. what he is doing is not in the

interest of people of russia. i been to st. petersburg a number of times. the consulate is substantial to back up the cruise ship. they come and spend money and create jobs in russia. in terms of the interaction of russians with people around the world. >> do we have that many people going to russia on vacation on cruise ships? >> they really are. it's an amazing number. including my second son and his wife and family were there last year. i've seen the country. i started visiting russia in 1990. when i first went there, it was like stepping back in the 1930s. now it's a modern country. what he's doing is creating a circumstance where it's going to create economic implosion. the disrespect. it's clear what he's done is

sponsor assassination. the consequence is proper by president trump and prime minster teresa may. what western countries is appropriate. >> when you talk about state sponsored assassination, putin doesn't strike me a guy who cares about anybody, let alone his own people. >> he should. this is really following with 10,000 people who have died in ukraine with his aggression. the aggression in the republic of georgia. i think putin is creating a circumstance of disrespect for what should be a great country, russia. >> how hard can we push them base on their own behavior, russia, how hard can we push putin and his country when we know we have to have them for north korea and to keep nukes from being on the market for kim jong-un? >> the kay we push, i appreciate

what president trump is doing. we now have american troops in poland. we have nato troops in lithuania. we're backing up. president trump was courageous to provide defensive weapons to the people of ukraine. we need to be pushing there and also economically. we have a great opportunity working with our allies of central and eastern europe and western europe and also our allies in the middle east to develop energy resources which can be beneficial to our allies but also have a very negative consequence to the putin regime. >> i'm getting more details. we need leadership on the hill to join us. with congressman issa and congressman wilson. it's so important to get your perspective. the decision was now published by the russian state newspaper. apparently the foreign minister

lavrov summoned ambassador today. apparently, there were two other consulate being considered for closing. are we done yet with their retaliation? >> they may continue. again the putin regime is so inward looking. it's really sad. they had an opportunity to develop -- we saw the end of socialism in the 1990s. we saw a free market democracy being developed. sadly the oligarchs who are back up the putin dictatorship have taken control. >> all right. representative wilson assistant major whip and member of the foreign affairs committee in the house. great to get your perspective today. thank you sir for being along. >> i'm honored to be here. i'm hopeful for people of russia that change can occur. it should by removing putin as

the dictator. >> you have given us some interesting information. i did not know how large the numbers were. how much this special potentiald hurt their own economy. thank you. >> honor to be with you. let's go back to other breaking news. the president about to make remarks in ohio on infrastructure. you're looking now at the venue that is there. he landed not far away in cleveland. now hest on ground, he's making his way there. he'll talk infrastructure in richfield, ohio. we'll take you there live as it happens. stay close.

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>> white house hits back on "new york times" report that john dowd floated in the idea that president can potentially pardon michael flynn and paul manafort in charges of robert mueller russia investigation. sarah sanders she's not aware of any such conversations. the attorney who said to be part of all, john dowd said it didn't happen. great to have you. first of all, why is this floating out there? >> it is something that can be legitimately considered by the president. the president may have every reason to try to pardon manafort or gates or other people involved. i think it's a bad idea politically. constitutionally he can do it. second, news media is trying to generate any story it can out of the mueller investigation and

actually the mueller investigation is quiet now. >> i want to piggy back off that. i wondered how do we know this? was there a leak and who would leak it? >> it looks to me, you had lot of unrest in the trump defense team. as you said, fox news contributor and his wife were about to go work for trump. john dowd resign. you got a lot of turmoil in the team. i've been urging president trump's team to upgrade and hire some really top flight people who dealt with things like impeachment and congressional investigations. you have people moving in and out. >> you've had conversations with leadership inside the white house about upgrading their legal team? >> no, let me be clear there. i think they are not talking to me about joining them. i'm the last person they want. i've been talking with lawyers and friends in washington who are in the pool of people that they should ask.

i think there are lot of very good people president trump could still ask to join the team. they need to upgrade the skills of their defense team. mueller is really closing in on now towards the investigation and real targets what he's looking for. >> just to the issue of the pardons, you've written about this quite extensively. i would argue, they probably would long to -- listen to you. what exactly is the president broad nature? he could do this. he could pardon himself if he wanted to. >> yes. many people on the left have been criticizing the idea that president trump could pardon anyone who's subject to mueller's investigation. they claim it's obstruction of justice. the powers completely unlimited one of the great sources of discretion anywhere the president -- people don't like

that. they have to seek president trump impeachment. they can't bring charges for obstruction of justice. >> if manafort or flynn were told, you know, maybe it might be pardoned by the president, what is the problem with that? >> i don't think it is. for people who are supporting the mueller investigation who think trump is up to no good, they are trying to -- everything he does is obstruction of justice. you're dangling out a pardon in front of manafort, flynn or gate to get them to be uncooperative with mueller. trump might have good reasons. he may say this is waste of time and wasting federal resources. i'm going to end it now. >> we appreciate your expertise on this. thank you very much. let's go back to bruise

president on the ground in ohio. you're looking at a local training center there in richfield, ohio. we expect him to step up. that's local 18 train site there. this is russia has retaliated. we're learning about this against the u.s. for expelling 60 of its diplomats. they will expel same number of americans in russia. ♪

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>> we're learning more within the hour. russia has reportedly announced they will expel 60 diplomats as we expelled their people from our country a couple of days ago. they're also closing the russian consulate in st. petersburg as we closested russian one in seattle. joining me now is the power panel. kevin i will come to you first on where we are in all of this. you say the trump white house saw this. >> i think they did. look at what russia is not done. they're doing symmetrical response at this point in time. doug as opinion about what will

come. this is a chess match that has been unleashed that started with the tariffs and getting more serious by the minute. the one thing that the world knows right now is that our president is not one that can be pushed around. watch how he responds. >> we do have a russia problem. it's not collusion. at this point. i do want to ask you, doug, you wrote books about russia. you know a lot. are they done? >> no. not at all. that is the big point. they're going to come, i believe, offensively after the baltics they will challenge nato. nato is not prepared for offensive. >> with their military? >> yes. the little green men. same approach for warfare they used in ukraine and georgia. i believe is the real possibly they will go to their former

part of the soviet union. >> what happens to those people? they killed 10,000 people in ukraine. >> because nato is obligated to come to each other's defense. i don't think the president will back down. where do you see anything in this administration that says he's going to let putin push him around? >> he's not exactly been outspoken about putin's behavior to date. >> his actions are changing that. before we go on, i want to get into the politics of this. can we say we're together on this republicans and democrats? this is russia. we all agree they're killing people in other countries. >> we should be. the problem is, we are divided. the impact of the mueller investigation that we got democrats against republicans. we're not united as americans to stand up. >> you have democrats against democrats too.

>> you got moderate democrats and republicans that are united. it's the far left the problem. >> they're going to be the appeasing party in all this. >> how do you appease mew tin? >> you don't appease putin. there's a stream of opinion, i wish kevin was wrong, he's not. that doesn't believe in assertive and proactive actions to defend ourselves and be proactive and extending american values. >> i want to bring you back. thank you so much. stay close.

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>> harris: russia told our ambassador they are kicking out 60 american diplomats in retaliation to president trump getting tough. i'm harris. here's dana. >> dana: fox news alert. a live look at richfield ohio where president trump will speak about his infrastructure plan just moments from now. i'm dana perino and this is "the daily briefing." the president will make his case for a $200 billion spending plan meant to spur $1.5 trillion in improvements to the nation's roads, bridges and airports. mike tobin is live in richfield. mike? >> reporter: and, dana, this is the president getting on the road to sell the plan he unveiled in february. we know his comments today will involve mentioning that 40% of the bridges you drive over were built before man walked on the moon. he said he will transform the