end by that. we love america. >> amen, god bless. >> sandra: thank you all. we'll be back tomorrow. now melissa francis in for harris. >> melissa: fox news alert. a big shakeup in the president's legal team after another dramatic turn in the russia probe. welcome to "outnumbered overtime." i'm melissa francis in for harris faulkner. breaking minutes ago, fox news confirming that ty cobb is out as the president's in-house russia counsel. all this after fox news learned that the special counsel robert mueller raised the possibility of a subpoena if president trump refuses to speak to his team. the white house had this response to the latest speculation swirling around the probe a short while ago. >> there have been a lot of rumor, innuendo and a lot of stories out there that just don't add up. the fact is we have been absolutely cooperative and transparent with the special investigation. the president has been clear

that this is a witch hunt. there is zero evidence of any collusion. they are trying to move in obstruction and the president is clear there. there is no obstruction to speak of either. but out of the respect to the comment i can't comment on those things and i have to turn you to the president's personal attorneys. >> melissa: john roberts joins us from the north lawn. what is the latest, john? [laughter] >> trying to deal with it all. >> melissa: that sums it up. thanks. back to me. we'll keep going. >> back to you, melissa. the revolving door takes another turn. ty cobb has been the president's inside counsel on the russia investigation has decided it's time to retire. so he is going to be leaving at the end of this month. statement from the press secretary sarah huckabee sanders a short time ago saying for several weeks ty cobb has been discussing his retirement and last week he let chief of staff kelly know he would retire at the end of the month. interesting to note who cobb is going to be replaced by. noted washington attorney works for the williams and

connelly law firm. emmet flood. emmet flood is famous, probably most famous and best known in washington, d.c., as being a mobile of president clinton's impeachment defense team. he didn't have a really prominent role in it but he was there all along so he deeply knows what goes on in terms of what happens in congress and the liaison between the white house when congress decides that they want to throw you out of office. he was also inside the white house in the bush administration. he was attached to the white house counsel's office congressional investigations was his forte. so a person who is well-positioned to go into the negotiations with robert mueller as to whether or not the president should sit down with him. now on that front, no surprise that there was talk of a possible subpoena of the president to come before a grand jury and meetings that the president's attorneys were having with robert mueller back in early march. we had reported weeks ago that negotiations were still underway despite the fact that

michael cohen's, the president's personal attorney office, home and hotel room had been raided. one source telling me what is the alternative to an investigation? to get a subpoena and be hauled before a grand jury. and now we are learning, though, a little more about the granularity and the details of what happened in that meeting. the president then lead counsel, john dowd, confirmed to fox news that robert mueller during the first set of talks in early march said well, you know, if you don't want to do an interview, we could always issue a subpoena and pull you before a grand jury, to which dowd said, "this isn't some game. you are screwing with the work of the president of the united states." the confrontation in that meeting, though, appeared to break some things loose because a week later, the number two there at the office of the special counsel dictated to the president's outside legal team 49 or 52

questions depending how you count them that the special counsel would like to ask the president. now, of course, all of this raised the specter of whether or not the president should sit down with robert mueller. a lot of people on the outside are saying look, when you take a look at those questions, you probably shouldn't sit down for an interview. listen to what the constitutional lawyer said a short time ago on fox. >> i would take advantage of these questions. and i would submit answers in writing to almost all of them. then make objections to the others based on article ii of the constitution and then tell the american public look i have answered all the questions. why are they trying to bring me to the grand jury. this interferes with my right to govern and i think he would be in a better position politically and perhaps legally if he were to provide answers to the questions. >> we have been told time and time again by cobb who will

soon depart the white house for the president's outside counsel he is trying to craft a deal for a sit down interview with mueller. saw a picture of john dowd there. dowd insists to fox news he is not the source of the leaks that have come out of the last couple of days, whether it's the leak of the subpoena or the leak of all the questions. the president weighing in on twitter saying there was no collusion. it's a hoax. there is no obstruction of justice. that is a setup an trap. there are negotiations over north korea and nuclear war and negotiations with china over trade deficits, and negotiations with nafta and more. witch hunt. the president is saying forget all the stuff about the special counsel and focus on what really matters. the office of the special counsel does really matter. emmet flood can attest to that because he was there when president clinton got impeached as a result of the

ken star investigation. >> melissa: a lot to chew on. thank you. bring in the first guest. mark served as press secretary for mike pence and former special assistant to president trump. in the last hour one of the commentators said this is like bringing in tom brady in the fourth quarter to finish them off. what do you think? >> the president is probably doing what he always does making sure he has the right team in place for the job at hand. i have nothing but respect for ty cobb. i enjoyed my brief interactions with him when i worked in the white house alongside him for a few months and i wish him well in his retirement. at the end of the day this is president making sure as he is going forward and we are getting more information coming out about where the special prosecutor may be going he has the right team in place. >> melissa: he has the right team in the right place at the right time. regardless of what you think of the latest choice it feels like it's been more of a revolving door.

>> well, what i would tell you, though, as we get more information and as more information comes out including what john was reporting a few moments ago about possible subpoenas and possible tactics that may be pursued by the special counsel that you might need someone with a different background and a different expertise. obviously, mr. flood has extensive backgrounder -- background in dealing with the investigations, impeachment of president clinton and going to the george w. bush years and he seems well attuned to that and he could continue to make sure he is defending the presidency inside the white house, in conjunction with the president's outside lawyers. >> melissa: does it make sense, though, to keep changing the team and keep changing the person that is going in to negotiate with mueller, bringing in someone new who hasn't been there the whole entire time to see the documents from the beginning and doesn't know firsthand the history of the negotiations? it seems like the president keeps doing this. maybe it doesn't make sense. >> what i would point out,

though, ty is staying through the end of the month which is what we have been told. so there will be a month for the transition there. also you have the president's outside counsels who are continuing to work. so there will be plenty of coordination and collaboration there. i have no question that his team can make sure that any questions are answered. sometimes it helps to have a fresh set of eyes, a new perspective. you might recall something that was brought up in a previous investigation whether it be under president clinton or during the time he was in the george w. bush white house. you can recall a precedent or something that might be able to help you in the current situation. >> melissa: many will point to this and say it makes it look like he is getting in hotter and hotter water, that things are getting worse for him. that he is trying to layer on people with more expertise. of course, they will point out the fact that this is the lawyer that defended another president against impeachment and that is what the president is anticipating is impeachment.

>> i don't think so. for one i'm not convinced that the democrats will retake control of the house. but two, there are many democrats out there who are saying that this is not the time to be talking about that. secondly, i think what he is working to get through is the mueller investigation and what he has got going on. while we continue to see the scope of that investigation change, you are seeing maybe possibly a more aggressive posture coming from the special counsel's office so he is making sure to use a baseball term, he is bringing in the right relief pitcher at the right time to win the game. >> melissa: all right. a lot of sports analogies flying around. marc lotter. thank you. bring in the fox news senior judicial analysts judge napolitano. ty cobb is out. >> here is the "new york post" headlines. hires hillary's lawyers. this is clinton's lawyer firms and bob represented her for years. and i can tell you that emmet

flood is a top shelf, a-plus, top of the line, nothing short of brilliant litigator. i agree this is late in game for the change of the magnitude. there is no one on the president's team who has been there since day one. with the departure of ty cobb there is no one on the president's team who is personally familiar with the hundreds of thousands of pages of documents that the president surrendered to special counsel. let me tell you that the president has two teams. he has outside lawyers whose job is to defend donald trump, the person. he has an inside team of lawyers to defend the presidency of the united states. that is the job that is going to emmet flood. he will become an employee of the federal government with an office in the white house to preserve the integrity of the presidency. >> melissa: okay. so if you look on the cases he has worked on before, it had to do with george w. bush's

administration. >> yes. >> melissa: when he let, i believe it was seven or nine attorneys general go. >> yes. >> melissa: all of it had to do with the rights and the constitutional rights of the president. right? is that sort of his specialty? >> his specialty is understanding the interplay of the three branches of government. judicial, legislative and executive. you know, there are many people that have the expertise. there are half a dozen who are the best in the country. he is among the half dozen. this also tells me that the president finally recognizes how serious the mueller probe is. he finally is moving in the direction of rudy giuliani to head the outside team. emmet flood to head the inside team. again, these are not only two well-known lawyers. rudy better known to the public. emmet better known to the legal community. they are top shelf, gifted, experienced lawyers. he has it on his team now for the first time in 15 months.

>> melissa: for everybody out there who isn't a lawyer do the two teams interact? do they share? >> yes. they interact and often disagree because what may be good for donald trump, the public official and the politician may not be good for donald trump the president. they have to resolve the disagreements. this is a defect in the system. the disagreements are often resolved by general kelly who is not a lawyer but whose job it is to resolve a dispute between the inside group of the lawyers and the outside group. >> melissa: he has a full plate already, the general. there you go. >> i would think so. >> melissa: judge andrew napolitano, thank you. >> you're welcome. >> melissa: fox news alert. on two air emergencies that we are following this hour. on screen, you see the new video of an air force karg -- air force cargo screen that crashed in georgia. on right side of screen a southwest airlines flight forced to make an emergency landing due to a cracked window that you can see there. this follows last month's energy in the sky for the airline that led to a

passenger's death. laura engal has been breaking this down. >> scary moments in the sky for passengers on board a southwest airlines flight that involves passenger again with a passenger window. this time on a flight traveling from chicago to new jersey. we are getting our first look at the window which busted open mid-flight. a passenger tweeted pictures from inside the plane that shows the window with a large jagged break. there are no reports of injuries on flight 957 that landed safely in cleveland a short time ago. southwest airlines is working to put the 76 passengers on board this flight to another plane. and the f.a.a. issued a statement saying they are investigating. southwest reports the plane never lost cabin pressure, that would have triggered the oxygen masks to drop down for passengers. and they have taken the airplane out of service for maintenance review.

today's incident comes two weeks after that jet engine blew apart and broke a window aboard another southwest flight which made an emergency landing in philadelphia, killing a woman passenger. we are also monitoring the crash of an air national guard c-130 cargo plane which went down near an airport in savannah, georgia, this morning. the f.a.a. telling fox news the c-130 was leaving savannah and taking off for another air force base in arizona. there were five people on board the plane. local reports say the plane was from the air national guard 165th air lift wing. and it went down around 11:30 a.m. local time. there are no reports of injuries on that flight. we will also bring you any developments on the two stories as we get them here in our news room. a lot to go over, melissa. >> melissa: laura, i'm getting a report right now as you are talking that there were actually two people that were killed in that cargo plane in savannah, gas. this -- savannah, georgia. this is according to the coroner that came in while you

were talking. thank you so much. >> thank you. >> melissa: three g.o.p. senate candidates in west virginia slamming each other during a fiery debate here on fox news channel. but the main target democrat senator joe manchin who republicans hope to unseat in november. who came out on top? and what do we expect as the senate showdown intensifies? we have a live report coming up from the mountain state after last night's big event. welcome to the metropolitan theater here in morgantown, west virginia. and the kickoff of the 2018 mid-term debates. good evening. i'm bret baier. >> i'm martha maccallum. tonight you will hear from the candidates vying to take on democrat senator joe manchin in november. prepare for your demise, mr. billingsley! do your worst, doctor. i will. but first, a little presentation.

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morgantown, west virginia w. the -- with the latest. peter? >> everyone was looking at the stage last night wondering whether or not the former coal barron who did jail time could win this or beat the incumbent senator joe manchin in the fall? don blankenship wound up turning a question about robert mueller's investigation into a joke about his own legal history. >> i have had personal experience with the department of justice. >> at what point the crowd erupted with cheers and applause when he playfully ducked to a question whether he could support mitch mcconnell. don blankenship focused more on mitch mcconnell than the others running, whereas evan

jenkins and patrick morrisey are honing in on each other. jenkins hit morrisey being born in new jersey and west virginia is a state with a horrible opioid addiction, jenkins criticized morrisey's wife for once working at a drug company lobbyist. >> if you want to see what the problem is, it's the pill pushers. >> did your mom ever tell you to wash your mouth out with soap with those lies? >> morrisey returned fire reminding voters that jenkins used to be a democrat. and recently voted in congress for a very unfavorable omnibus budget. >> you should be ashamed of yourself for the outrageous vote killing the unborn. [applause] >> well fortunately, patrick is not being honest. there is not a penny in the bill that we passed the federal government that is going to planned parenthood. if any money goes to planned

parenthood that will be the trump administration. >> the debate really was all about the resumes. not a ton of talk about fixing west virginia's problems. >> melissa: well, there you go. all right. peter doocy, thank you so much. political analysts watching this race closely, i head of the high-stakes -- ahead of the high-stake mid-terms larry sabedeaux, center for politics weighing in on last night's debate and what it means for republicans. >> it was a rock 'em, sock 'em debate. whenever you see one like that with a lot of negative charges you know the stakes are high. and indeed they are. because west virginia is one of the three states along with indiana, north dakota, where republicans have the best chances of knocking off incumbent democratic senators. this was a state trump won by 42%. the primaries really do produce the strongest nominee. it's almost worth going through the misery to get a better candidate for november.

>> melissa: bring in bill chris stirewalt. let's start with who won? >> right now the winner is the guy who is out the river right now in a john boat with his kid fishing. it's a beautiful day in morgantown, west virginia. this is the real winner of this debate. i do not want to come home. i want to stay here. >> melissa: okay. i think we can arrange that. but it seems a little windy. but you look very happy so we love that. what did you think of larry sabato's comment that the primaries are painful but they produce the best candidate? do you think that is true? we have some experience with that in the presidential campaign. >> you'd have to ask roy moore about that one. i don't know that that is always true. the primary process opposed to the conventions has not been altogether a success for the political process. so i think there is a lot of reason to question how the

primary system works and whether it produces good government. our debate, however, i think was very, very revealing. i thought brett and martha's questions got to real substance and revealed a lot about the candidates. what you saw were two guys at each other's throat. evan jenkins and patrick morrisey were killing each other savagely and they just left don blankenship with a wide lane to go out there and be droll, observant, be interesting and not the monster that they said he was going to be. i think in a lot of ways he reminded me of trump's performances in the 2016 republican primary debates where he would lay back a little bit and hit him with the one liners. i think it worked for him. >> melissa: enough that he came out on top after the debate? >> well, the question here is how soft is morrisey's potential support? i don't know if there is enough slack in there for him

to come out ahead of jenkins? but you probably say i'm the front runner and backed by the broad establishment and i have the resources. i have the poll -- pole position. all he needs is for it to be cut in half between blankenship and morrisey. if that happens jenkins gets through. >> melissa: you know the state so well and you know the people. who do you think of the three is the best to unseat joe manchin? >> you know i'd be lying if i told you i knew and any of them who say they know, they are lying, too. no one, none of the three, none of the three has made a conclusion -- conclusive case they are better than the rest. one of the mistakes that morrisey made, no one prosecuted blankenship. no one went after him and nobody held him to account. he was able to talk about his prosecution. he was able to talk about his prison time. lay it off on the obama

administration. make common cause with president trump against the justice department and move on. he didn't have to litigate it or talk about the stuff. his opponents, we were surprised they weren't picking up the ball and running with it on them. i guess they didn't think to think. >> melissa: back to fishing. see you soon. thank you, my friend. >> yes, ma'am. bye-bye. >> melissa: deputy attorney general rod rosenstein says the justice department won't be extorted after the house conservative threatens him with impeachment. but they say he is refusing to cooperate with congressional requests. we'll talk to trump's former deputy campaign manager next. >> rod rosenstein's understanding of extortion seems to depart from the law. the definition of "extortion" is forcing someone to do something they have no legal obligation to do under some threat. rod rosenstein has an obligation to follow the law. that is all we want him to do.

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>> melissa: deputy attorney general rod rosenstein is lashing out at conservative republicans after they drafted articles of impeachment against him. the freedom caucus says they did it as a last resort in case the justice department refuses to hand over documents related to the russia investigation. chief intelligence correspondent catherine herridge has more. >> rod rosenstein told a group in washington the threat of impeachment is part of a broader pattern. >> there are people who have been making threats privately and publicly against me for quite some time. and i think they should understand by now the department of justice is not going to be extorted. we will do what is required by the rule of law and any kind of threats that anybody makes are not going to affect the way we do our job. >> the freedom caucus responded to a statement and said no one signed articles of

impeachment because it's a draft document and the deputy attorney general is wrong to think members are satisfied with his professional work. if he believes being asked to do his job is extortion, congressman meadows writes then rod rosenstein should step aside and allow us to find a new deputy attorney general. preferably one who is interested in transparency. house democrats said the freedom caucus is guilty of overreach because many of the documents they want from the f.b.i. and the justice department are central to the ongoing special counsel investigation led by robert mueller and they can't be shared. this morning the senior democrat on the house judiciary committee warned removing rosenstein would derail or paralyze the russia case. >> if he were fired and someone else put in, they could throttle the investigation without knowing about it. the new person could fire mueller. that we know about. or he could say to mueller don't look at this, don't look at that. because he completely controls the investigation so he could fire mueller by the guillotine or put a straitjacket on him.

>> but the republicans say it's taken legal action to get records to show the f.b.i. and the justice department, the officials deviated from standard procedures when they sought, obtained and renewed a surveillance warrant for trump campaign aide. >> melissa: thank you. great reporting. for more bring in david bossi who is a fox news contributor and coauthor of "let trump be trump." what do you think of the latest showdown with rod rosenstein? >> well, i think what is going on here is the house republicans are clearly frustrated. let's remember congress has a fundamental oversight authority over the executive branch. over the department of justice. over the other agencies that have been slow walking. whether it's the f.b.i., the state department, the department of justice. slow walking the documents. what they are asking for and what they are demanding as members of congress is transparency. i got to tell you.

we, whether it's citizens united, the group i'm in charge of, or judicial watch, for years have been trying to get these documents through f.o.i.s and litigation. we have a case that is a perfect example that the government told us it will take between 45 and 90 years. 45 and 90 years to give us the documents on senior officials at the department of state related to the dossier. this is outrageous. this is what the members of congress are frustrated about. >> melissa: so there are two arguments against it. let me give you the first one. rod rosenstein saying i just can't let congress come in my office and rifle through the file cabinets and take documents on demand. that that doesn't make any sense. they would be there every second essentially. he said that is basically his response. how do you knock that down? >> very simply. you know, congressional -- members of congress are serious people. and the department of justice doesn't have the right to say

you can see versus you can't see. here is what they can do. they can say here are the procedures we want to go through. the department justice can. rod rosenstein's staff. not him personally but their staff can say you can come over, view the documents, no note-taking. you can only read them and we can discuss them. but there is no note-taking and you can't have copies. >> melissa: but let me challenge that. >> that solves the problem. >> melissa: they are serious people as you say but they are also political people and viewing it for a political benefit. at least at some time. that is what he is afraid of. >> you don't get to -- look, congress has oversight. constitutional oversight authority. you don't get to pick and choose. you can determine and you can fight it in court. congress can fight these things in court and have a court decide. that is one way to go. you can also have a situation where you create a system in which they get satisfied and you are satisfied at the

department of justice. read them in no notes. i don't understand why there would be a problem if they are going to be transparent. >> melissa: okay. another argument is right now the investigation is still open. you are looking at the documents that went into the fisa warrant. that entire situation hasn't been resolved yet. it's an ongoing investigation so they can't look at it right now. >> well, no. okay. you have a situation where there is an allegation, a serious allegation that there was bad information and false information used to get the fisa warrant begin with. that is what they are trying to figure out. getting a look at the documents again through their oversight authority is perfectly reasonable to do. and again, the department of justice can simply set up a system by which members of congress of the oversight committee can read them, look at them and have a conversation with the department of justice about them. but that doesn't create a problem for a case down the road. that does not.

>> melissa: but this seems like how we got into the situation where we had the memos flying. the republican memo, the democrat memo on what was going on -- >> no, no. this is different. these are documents they are requesting, law enforcement documents. creations of the men and women who worked on the case to get that fisa warrant. what they are saying we want to look at what was shown, what information was included, what wasn't included. was it known that hillary clinton campaign and the d.n.c. paid for this opposition research file that became the dossier? what was used, what did strock and paige have to do with it? there are a lot of unanswered questions. >> melissa: even james comey says he doesn't know the answer to the questions. let me ask you before we run out of time. how do you think it plays out? what happens from here? >> i think the department of justice has to seriously understand congress' oversight authority.

that is what is important here. congress is willing -- i think that the members of congress are going to be able to work and figure out a compromise. but i think telling them no is not the right answer for the department of justice, not the right answer for the american people because transparency and congressional oversight are very important constitutional themes that congress must abide by. >> melissa: david bossie, thank you. >> thank you for having me. >> melissa: showdown at the border as some members of the migrant caravan have been processed by the u.s. border agents. what we can expect next and how the administration could be limited when it comes to denying asylum to some of the migrants. we are live at the border.

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mostly mothers with children, have been accepted for processing by u.s. border inspectors at the san diego crossing. that leaves roughly 125 migrants who traveled with the caravan still waiting, feet from u.s. soil. william la jeunesse joins us live from across the border in tijuana, mexico. william? >> well, melissa, one of the problems and the concerns here is health. it was raining a minute ago. and the temperatures were in the 50s overnight. and they have been urging the women and children to take shelter but they are afraid to lose the place in line. you can see some of the kids right over here have developed ear infections. the mexican government brought in a mobile clinic for emergency. and anyone who needs to be checked out. but there is also resentment. as we reported yesterday, melissa, just beyond this group there is a lot of, there is about 200 mexicans who are also waiting in line for asylum. they think that these people are taking cuts and taking

their donations. in the past, the haitian in 2016 were not allowed to stay here. they had a numbering system that was prioritized. the caravan has come in and taken over the mobile square. they have brought in a mobile kitchen here. the advocates have been, shall we say, aggressive in basically demanding that the u.s. should act. >> translator: they are shutting the door and punishing them for trying to get in, in a different way, when people are fleeing for their life. >> so the port of entry at the u.s. side can hold about 300 asylum-seekers. it takes two or three days to go through medical screening for contagious diseases and other stuff, interviews. they are released in the detention for two or three weeks and then released with an ankle monitor. 75% of the asylum claims are rejected but 85% don't show up in court. so they are trying to do that.

without a criminal record they are not a priority to i.c.e. if you are saying fleeing general violence is not a real cause for asylum. however, if you are fleeing political or sexual oppression, that is. there are multiple transgender people here. >> translator: the government of the united states is denying entrance to 140 people here who are coming to ask for asylum legally and at the same time attempting to criminalize people who have crossed in a different way. >> so the people here are vowing not to leave. of course, they are being defiant and saying no matter what president trump says, they are going to come from their country because they are fleeing violence that many believe the u.s. created. of course that kind of is reinforcing what the president is saying in terms of building walls and changing laws. so, it's kind of a circular argument if you will. each one reinforcing the other. melissa? >> melissa: on the u.s. side of the border, is there anything that officials can do to process them more quickly?

>> well, good question. if you recall about ten days ago, secretary nielsen said she was sending more prosecutors, more judges and hearing officers to the border. it's possible that that would happen but the window they have is the three weeks before they have to be released. back to you. >> melissa: all right. william la jeunesse in mexico. thank you so much. we'll be right back with more on our top story.

>> dana: hi, everyone. i'm dana perino. we have an update on a deadly military cargo plane crash in gas. plus new details about another shakeup in the president's legal team. brian kilmeade is here with the more to know segment where he promises to tell us something we don't know in "the daily briefing." >> melissa: fox news alert. rudy giuliani shooting down the interview of president trump and mueller. this is after we learn that ty cobb is set to retire at the end of the month. bring in the power panel. founder and former hiller

hillary clinton staffer. zack. and jason chaffetz. start with the idea that ty cobb is out and flood is in. what do you know and what do you think? >> rudy giuliani sounds like he has the helm here and is driving to make a lot of the decisions. like he is a powerful personality and he has known president trump for a long, long time. a great deal of respect there. the president of giuliani is threatening to shake up the legal team. my best guess. >> melissa: that is an interesting way to look at it. of course, rudy giuliani is leading his personal outside counsel for the president. now the emersion of emmet flood to come in and represent the office of the president. he said that -- the "washington post" tweeted on the changeover -- the legal team had a long talk

and the president let us know he had emmet coming in for an interview. we talked it there. jay had the most to do with it. that has to be jay sekulow. jay felt he needed someone more aggressive. do you think that emmet flood is more aggressive? >> absolutely. one of the things he specializes in, he handled the bill clinton impeachment hearing so this is an escalation by the trump legal team. part of the problem they will start facing is all of this looks incredibly guilty from bringing in more aggressive lawyers to refusing to sit down with robert mueller and doing aggressive negotiating tactics. >> melissa: let's talk about the sit-down. this is the idea of -- or rudy giuliani was responding to the idea that a possible 12-hour interview. he is saying absolutely not. we are not going to agree to that. it has to be a lot narrower and you have to narrow down the countries than a laundry list of 50 we saw yesterday. it will be two or three hours max. does he have the power to shake that, do you think?

>> absolutely. the laundry list as you call it of questions, there are a lot of things that have absolutely nothing to do with the appointment of the special counsel. a lot of things that the president clearly has the constitutional authority to execute on. they have to narrow the set of questions. when you are the president of the united states, to limit the amount of time is reasonable thing to do. >> melissa: i bet you disagree. >> i do disagree. look, if you want to act like you have nothing to hide, act like hillary clinton who sat before the benghazi committee for 11 hours to answer any questions they have coming your way. >> melissa: they didn't have a grand jury sitting there and the power to put her in jail. >> if they would treat this the way they treated hillary clinton, they gave immunity to five people around her. they wrote the exoneration before they actually -- >> melissa: you walked into that, zac. >> c'mon! >> she had a cakewalk like nothing else. >> this is absurd for a number of reasons. first off, the investigation being run against trump is by

a trump appointee and someone appointed by a trump appointee. his boss is a republican. >> they have been cooperating every way. >> the f.b.i. director, deputy is a republican. this entire investigation run by republicans. and all of a sudden -- >> they are giving full cooperation. >> there is no cooperation. >> melissa: he said it's not on par with how hillary clinton was treated. nothing to do with the party of the people investigating it. they were treated differently. >> they weren't treated differently. when you have nothing to hide, what you do is you say we won't answer these questions. not these questions. >> of course you do. of course you do. >> melissa: i think all three of us would do that. if you were facing this kind of a probe, you would definitely try to limit. even if you didn't do anything. i wouldn't. >> if he has nothing to hide answer the questions. >> melissa: go ahead. >> yes, but there has to be probable cause on something they broke the law on. this is a fishing expedition. they are just going after trump. they are trying to lay out

everything they can possibly do. there has to be actual evidence of a law being broken. >> there is evidence of a law broken. >> what is your best evidence? >> there are two pieces of this. first, obstruction of justice. firing the f.b.i. director. >> rod rosenstein is the one who made that recommendations. then he appointed -- >> that is not true. he went on tv and said regardless of the recommendation he was going to fire him and he fired him because of the russia investigation. >> melissa: let's address that. a lot of people say it's article ii of the constitution. >> he can fire whoever he wants. >> melissa: those are his executive powers. >> but not with criminal intent. what he did is with criminal intent -- >> how do you know that? >> he said on tv "i fired him because of the russia investigation." he said -- >> there is not a -- [overtalk] >> there is not a single democrat in the senate that would vote to confirm mr. comey. every single one of them would vote against him. >> it has nothing to do with the fact that trump went on television and said he fired f.b.i. director james comey to stop the russia investigation.

that is a crime. >> melissa: so he is saying if the intent there was to stop the russia investigation because he did something that was illegal and colluded with russia, that is the only way it's criminal intent. >> but look at comey -- we put a lot of weight in comey's contemporaneous notes. he said if there is somebody going after russia, i want to know about it. >> said it on tv. >> melissa: i love you guys. got to go to a break. thank you so much. we'll be right back. prudential asked these couples: how much money do you think you'll need in retirement? then we found out how many years that money would last them. how long do you think we'll keep -- oooooohhh! you stopped! you're gonna leave me back here at year 9? how did this happen? it turned out, a lot of people fell short, of even the average length of retirement. we have to think about not when we expect to live to, but when we could live to. let's plan for income that lasts all our years in retirement. prudential. bring your challenges. my bladder leakage was making me feel like i couldn't spend time with my grandson.

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>> melissa: thank you for watching "outnumbered overtime." i'm melissa francis in today for harris faulkner. "the daily briefing" starts now with dana perino. >> dana: a dramatic development at the white house. president trump's top in-house counsel for the russia investigation ty cobb heading for the exit. hello, everyone. i'm dana perino. this is "the daily briefing." ty cobb revealing he plans to retire by the end of the month. taking his place, attorney emmet flood who handled president clinton's impeachment case. he was also the lead lawyer during president george w. bush's second term. chief white house correspondent john roberts live on the north lawn. a big personnel change, john. >> it's like the ever resolving door of people coming and going. let's lay out for you what it was that ty cobb was doing. ty cobb was president trump's in-house attorney dealing with the mueller investigation. he wasn't dealing with the day-to-day legal issues at the white house. that is white