been a single party fraudulent impeachment process deployed against a president like the one that's been used against donald trump, that is what is unprecedented. it's not the claim that a president doesn't want to turn over witnesses or documents, that is quite common. it needs to be noted again that president trump has consistently cooperated with this congress in fulfilling its oversight and investigation responsibilities. when we started, there were 25 administration officials that testified, at the start of the impeachment inquiry this year, the house, the white house produced more than 100,000 pages of documents to the oversight committee. in spite of their allegation, the democrats know president trump has a lawful cause to challenge these subpoenas because they involve direct communications between high-ranking advisors and a

president, that's very sensitive stuff. it's always recognized to be privileged, a special legal protection that applies there and we need the courts to sort through the nuances of that. most of these individuals that they subpoenaed are not related to the ukraine, any objective observer would regard this as a fishing expedition, some would call it presidential harassment because the administration is being used by these democratic committee chairs to advance their political agenda. this agenda does not allow them time to proceed to through a court, to do this the right way, to go through the process that is historic and comports with the constitution. professor turley was the only witness we were allowed and in a very exceptional testimony he admitted to us, this excerpt is right on point. this is page 42 of this document, if this committee

elects to seek impeachment on the president's failure to yield to congressional demands of oversight in an impeachment investigation, it will have to distinguish a long line of cases where prior presidents sought the same review. take the obama administration position on the investigation of fast and furious, congress began an investigation into the scandal, some members called for impeachment proceedings but president obama invoked executive privilege and barred documents, president obama did that, this is not unprecedented, this is custom. the position of the obama administration was regarded as extreme and some even said absurd but here is the important point, president obama had every right to seek judicial review and many members of this very committee supported that position. facing impeachment, this obstruction theory would itself be an abuse of power by

congress, it would be a dangerous precedent to set and making an appeal to the judicial branch into a high crime and misdemeanor. here's the deal: impeachment was never intended to be a remedy for political disagreements, it wasn't intended to be a remedy for legal disagreements between the legislative branch and the executive branch. that is why there is a third branch of government, that's why we have the judiciary. this is a dangerous road indeed as professor turley noted. i hope and pray that future congresses can and will exercise greater restraint than what has been shown by chairman schiff and speaker pelosi and chairman nadler and the rest. the stability of our republic is going to depend on that in the future and i pray we can put the genie back in the bottle. i yield back. >> from what purpose does the

gentleman from florida seek recognition? >> a move to strike the last word. >> the gentlewoman is recognized. >> it's disheartening to hear my colleagues on the other side to argue in favor of crippling the very institution they are part of. the power of impeachment has built in due process protection. we are at the american people's duly representatives and we members of congress are empowered to hold to account corrupt and criminal presidents. when the president obstructs an impeachment inquiry, he is obstructing the people who have a right to know how the president is running the government. after all, that is the basis of our government, by the people, for the people. we have requested hundreds of documents and have been provided with absolutely not one document. the president has instructed the

state department to not give us the information that we have. he has told witnesses, people we have subpoenaed to not come and testify. i think the people deserve to know how he's using the office of the presidency to advance his own interests above those of the people he was elected to serve. the president has abused his office and is now using that power of the office to hide the extent of that abuse from the people. that is abuse of power, that is unimpeachable offense and i just want to end by saying it is also galling throughout this process the president and the republican party have continuously attacked foreign service officers, the men and women of the military, our intelligence community, those who protect us every day, undermining our national

security. they are patriots and they should be treated as such. after all, we are all americans, i yield back. >> the gentle lady yields back. >> i rise in support of the amendment. >> does the gentleman strike the last word? >> yes i do. >> the gentleman is recognized. >> this is so surreal and it seems we've come to a time when right is wrong, wrong is right, bullies are the victims, the victims are called bullies -- for three years, this president has been harassed, he's been electronically surveilled, spied upon as normal people would call it -- allegations have never ceased, they continue and are

continuing today. at some point you would think that someone would look at the abuses by congress, by the justice department, by friends of democrats, by the fbi friends of our democrats, at some point somebody would go this is out of control. we need to step back and say this train is off the tracks. it's time to get reasonable. what's going on in the last three years is not reasonable. as a doctor and our attorneys know, you can try to pursue some remedy, you need to have clean hands. the majority has been so abusive through this administration, it has produced tons of witnesses

after subpoenas, sometimes it's just negotiated, normally what happens is a subpoena is received and it means you're not going to be able to use an agency attorney even though an agency attorney will not be allowed in, even though the only way the witness can appear and have executive privilege is to have an agency or department attorney with him and that's when things get negotiated and get worked out. some of our friends know that if they are abusive enough with subpoenas and with law fair -- not warfare but using the law as a weapon -- you can run people out of office, they successfully did that, suing sarah palin, ryan zinke couldn't afford to keep hiring individual lawyers,

this is the kind of stuff that has been going on. this will end up since our friends are not being reasonable, are not willing to negotiate with the administration, so agency lawyers could come claim executive privilege even though the target kept changing. they didn't know what they were going to come testify about, they were being accused of all kinds of different things -- that kept changing it it has changed in the last 48 hours, 24 hours, it has changed. how do you defend yourself when the charge keeps changing? this is like a stall an stalin-e court system. we'll just have some law professor that's paid by our friends come in and explain what

the witnesses probably said, did say what it is, that's all you need to hear. you need to vote on guilt or innocence, impeachment or not, you don't need to hear the witnesses, we don't need the witnesses, just bring us the chance to vote and we will vote. it is an outrage, there is nothing reasonable about what has gone on. this is the same week when the corruption of the department of justice has been shown and there is no sorrow, no apology, no remorse whatsoever by this abusive system. the obstruction of congress is by people in congress. the administration has not been unreasonable. they have seen what has happened

when this abusive justice department gets people in a perjury trap, they've got nothing to go on but if we can get you in and get you to testify, we can prosecute you if you make a mistake while you're testifying. it was very reasonable not to come answer the subpoenas when you could have an agency lawyer and there's no negotiation on the other side, i yield back. >> for what purpose does ms. dean seek recognition? >> strike the last word. >> throughout the course of this investigation we've seen a stark contrast between the patriots who have stood up to tell the truth and those who have turned a blind eye to the truth. tonight, to those patriots i want to lift you up. i want to tell you thank you. i am in awe of you. i'm in awe of your courage -- patriots like lieutenant colonel

alexander benjamin, purple heart recipient and a rack war veteran ambassador william taylor, bronze star recipient and vietnam war veteran. marie jovanovich, extraordinary former ambassador to ukraine, joined the foreign service during the reagan administration. dr. fiona hill, ulmer deputy assistant to the president and a senior director to europe and russia on the national security council and so many others, more than a dozen other witnesses in this administration to confirm the details of the wrongdoing of a president. they described a president who reflexively and repeatedly abused his power for personal gain, jeopardizing our security and our own democracy. these patriots had the courage to live up to their oath. their words mattered. patriots -- my family know something about sacrifice of service, two of my brothers

served in the navy during the vietnam war, my brother bob served two tours in vietnam. i'm lucky to serve with those who have served on my own staff. first lieutenant collin my lawn who was recently called to service. >> bret: in washington, i'm bret baier, we are continuing coverage weighting of votes, while we do a quick one minute break, we'll be rightfa back. (children playing) ♪ (music building) experience the power of sanctuary at the lincoln wish list sales event. sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment.

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so come ask, shop, discover at your local xfinity store today. >> bret: continuing coverage in washington, heading towards a vote in the house judiciary committee on articles of impeachment, congressman andy biggs talking now. >> ceased to participate in the unwarranted intrusion and questioning the legitimacy of the investigation. in 1948, president truman published an executive order in

the federal register ordering executive departments to respectfully decline any subpoena pertaining to congressional investigation to executive branch personnel. then we have the recent obama example. so if you had a problem, the chairman said that she didn't exert privilege. actually, he claimed executive privilege and a very broad way. you all were disgusted about it when he initially did it. typically what would happen is issue a subpoena and have it served. the person doesn't show up. guess what we do? we go into court and we prove the providence of our subpoena. the court issues an additional order, maybe it's a warrant for arrest, maybe it's a fine but we avail ourselves of the process, you haven't done that.

you haven't done it because mr. schiff said so just last week because he didn't want to take the time to avail himself of the process that you claim you are defending. and that is precisely why professor turley and all who look at this with objective eyes say you are the ones abusing the process, you're abusing congress and you are abusing the president and the executive branch. but i'm afraid what happens is we actually denigrate our body and we denigrate the very process that we claim to be protecting today, with that i yield back. >> for what purposes does ms. escobar seek recognition? >> move to strike the last word. >> the gentlewoman is recognized. >> we heard colleagues argue obstruction of congress has not

happened, one of our colleagues called the charge ridiculous, another colleague said "the president has consistently cooperated with democrats." a stunning statement. i had the incredible privilege of serving on the house judiciary committee, we have had many hearings. there's a thread that runs through all of those hearings, especially those hearings where we are trying to provide proper oversight over the president of the united states. that thread is my colleagues complained bitterly about our efforts to be a check, our efforts to perform our obligation under the constitution and our efforts to provide oversight we hear time and time again.

the idea that the president has cooperated, that is the claimant is absurd. during our oversight hearings, we heard the president say that he was covered under absolute immunity without listing the documents, the reasons why he deserved absolute immunity. no president, not even richard nixon, no president has refused to honor subpoenas during impeachment. if you can imagine this president has achieved a new low and lowered the bar significantly. if it were not for the patriots and i associate myself with the statement by representative dean -- they are heroes. they put the reputation, their name, their safety and security

at risk so they could defend this country and the defend the constitution and uphold the oath of office, the oath they took as public servants. let's find out just how cooperative this president has been during this investigation. i would like to ask representatives while well, my colleague who serves on intelligence, representatives while well, how many documents did you request during this investigation? >> the gentle lady yields to representative swallwell. >> 71 documents to the white house. >> how many witnesses? >> 12 witnesses we asked to show up who the president directed not to show up. >> you requested 72 documents, how many documents and how many witnesses did the president provide? >> 12 were asked to show up,

zero showed up and zero of the one documents. >> i want to ask the american people what is the president trying to hide from you, why is he trying to keep you in the dark? if he has nothing to hide, let him come forward with those documents and those witnesses. i want to conclude by touching a little bit on something i mentioned last night. unfortunately, we have come to expect this kind of behavior from the president and it really is a tragic moment in american history, a very dark moment in american history. it's made even more tragic by enablers who seek to make sure they protect one man at any cost, one man who is not for america, one man who is for himself. this is a reckoning for us and

this is a moment when we should be standing with the patriots. i am very proud, as dark as this moment is, i am very proud to stand with the patriots here on this committee and i will continue to stand with the patriots who defend this country, mr. chairman, i yield back. >> the gentle lady yields back -- sorry, what purpose does mr. clancy seek recognition? >> moved to strike the last word. >> the gentleman is recognized. >> thank you mr. chairman. we've already talked today about the lack of evidence in support of the first article of impeachment, the abuse of power article. they can't prove bribery, they can't prove extortion, they can't prove a campaign finance violation, they don't have any elements of a crime, they

created one -- they said there are no higher crimes, since the president didn't commit one, here we are. we know a few things, the same four facts that have been repeated throughout by both president trump and president zelensky, they said there was no pressure on the call, no conditionality of aid, the ukrainians were not aware of the aide withheld when the president spoke and we have the "time" magazine article involving andrew yar mark which hasn't been pursued by this committee and ukraine didn't open an investigation still received the aide. my colleagues said earlier, we can't prove any of it so we accuse him of all of it and call it abuse of power. now we have a second article involving obstruction of congress, the democrats allege he conducted the defiance of subpoenas but the facts don't match up with these claims.

the president has legitimate constitutional privileges and the courts can and should determine the boundaries of these privileges. the white house released two call transcripts for review during this process. >> bret: two articles of impeachment, more than eight hours of testimony, back and forth in the house judiciary committee hearing, we are going to go back to it after a short break. nothing works faster for powerful cold relief. oh, what a relief it is! so fast! [fa♪mers bell] (burke) a "rock and wreck." seen it. covered it. at farmers insurance, we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪

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>> bret: breaking tonight, we been watching this -- the house judiciary committee hearing all day as it prepares to take the next historic step towards impeaching president trump, that vote coming sometime tonight, we will continue to watch it. after hours of partisan bickering over these two articles of impeachment, the democrat-controlled panel expected to vote shortly to approve them and send them to the full house. as all of this has been happening, two other major stories have been developing tonight and what appears to be

the next steps. president trump has agreed to what is called phase one of that agreement and the polls are closed and we are awaiting official results of the crucial national election and the united kingdom. it looks however this our very good for prime minister boris johnson and his conservative party. the election comes amid the impasse of the withdrawal from the european union, senior foreign affairs correspondent with the breaking news out of london tonight. >> it looks like a thumping win for u.k. prime minister boris johnson and his conservative party and may be finally strong confirmation that britain is exiting the european union. according to exit polls which have been pretty reliable, boris johnson's tory party will have 368 seats in the house of commons of 650. this is a parliamentary election, that is an 86 seat

majority. it's much worse than what was predicted. all this that means johnson's message of get brexit done as motors income of voters moved to leave the european union in 2016 but it has been struggling up to get a deal and get it approved. it looks like he could make the new brexit deadline of january 31st to the relief of many. it appears to be a big defeat for the labour party and it's hard left socialist leader jeremy corbyn. he called for another referendum on brexit and he was mixed on that, more alarming to some, some of his radical positions on domestic issues and other negatives including charges of anti-semitism in his party. finally tonight, the victory should be good news for president trump who has praised johnson, who has been in favor of brexit and has promised a

fast u.s.-u.k. trade deal, he was critical of opposition leader jeremy corbyn. in a trump style tweet, johnson thanked all who had voted, volunteered and stood as candidates for the conservative party including, and i'm quoting here, "we live in the greatest democracy in the world." president trump might say one of the greatest. >> bret: greg palkot live in london. in what appears to be the next step in reaching a trade deal with china, president trump reportedly has agreed to what has been called phase 1 of that agreement, correspondent rich edson tells us what that possibly means. >> sources close to the discussion say the united states and china are approaching that final sign off o on the limited trade agreement. what would happen if that happens is the united states would not raise tariffs that are scheduled to go up on sunday,

reduced some other tariffs in exchange, the chinese would buy more u.s. agriculture products. if the u.s. has put tariffs on hundreds of billions of dollars of chinese imports. the administration was getting close to a big deal with china. we are getting some reaction from capitol hill, marco rubio the republican of florida tweeted the white house should consider the risk that a near term deal with china would give away the tariff leverage needed for a broader agreement on the issues that matter the most such as subsidies, forced tech transfers and blocking u.s. firms access to key sectors. if the president's twitter account also makes it clear he is watching domestic issues especially those ongoing proceedings in the house judiciary committee. >> i had a very busy time and a

very busy day, my daughter said he will be here. that was the end of that busy day. >> president trump joints his daughter this morning in the white house summit on child care and paid leave making no mention of the busy house judiciary committee trying to impeach him. instead, the president left his response to twitter tweeting and re-tweeting dozens of times with more than 100 by early afternoon including one from republican congressman louie gohmert who writes "this is a day that will live in infamy for the judiciary committee." this became a tool of the majority to use taxpayer funds to defeat a president. officials say they are ready for a potential senate trial. >> we all believe he will get a fair trial in the senate and that's why he wants to be heard. >> the trump administration suspended aid to ukraine to compel its government to investigate the bidens, the white house office of management and budget offered a different justification.

the budget office says it held aid to ukraine several times because of "a duty to taxpayers to ensure that the corporations are spent wisely in accordance with statutory requirements." while the house moves towards an impeachment vote, it did pass a bipartisan defense policy bill that includes a measure extending 12 weeks of paid parental leave. >> i called for congress to pass paid family leave into law and it was well received. >> these bipartisan moments appear at a premium. in "the washington post" president obama's attorney general rights the current one is unfit to lead the department of justice after william barr criticized the inspector general report a claim in the end of fbi's investigation of the trump campaign was justified. holder writes "his words and actions have been fundamentally inconsistent with his duty to the constitution which is why i now fear that his conduct, running political interference for an increasingly lawless president, will wreak lasting

damage." congressional negotiators say they have reached a tentative agreement in principle to fund the government through september, part of the government would otherwise shutdown late next week. it was a year ago that a fight over border wall funding shut the government down for a record 35 days. >> bret: what is the feeling there, he's going to avoid a government shutdown, he's got phase 1 of the china deal, he's got a usmca passed by congress, he's got a market that is surging, even though he's getting impeached -- is there confidence? >> there is confidence and his confidence on top of the fact they believe they can frame this project and the impeachment project as something -- and they been doing it for quite some time as something that is a politically motivated, something that is trying to overturn, as they said multiple times the results of the 2016 election. democrats disagree with that but certainly on the economy and on

the polling, they are fairly confident going into this and you have heard from white house officials they are looking forward to this and are confident in a process that will move the impeachment does pass the house onto the senate side where they are a lot happier. >> bret: we'll talk more about it with the panel. it's a bit like christmas coming early for the white house, wall street having a big day. the dow surging 221, the s&p 500 and the nasdaq closing again at record levels today. the s&p 500 gaining 27, the nasdaq jumping 23. if they are worried the markets about impeachment it doesn't look like they are expressing it. the other top story is the impeachment saga, the members of the house judiciary committee are expected to vote sometime soon to send articles of impeachment to the full house. we have been watching it all day. no witness testimony, just back and forth between members, democrats and republicans arguing, it started last night and continued all through the

day today. chief congressional correspondent mike emanuel is on capitol hill and has been watching at all. >> the house judiciary committee is expected to approve on a party line vote articles of impeachment against president trump this evening. all day long it has gotten quite a partisan fight. >> this is like pin the tail on your favorite impeachment theory. >> as house judiciary prepared articles of impeachment, its chairman turned up the rhetoric about president trump. >> do we want to dictator, no matter how popular he may be, no matter how good or bad's policies may become a no president is supposed to be a dictator in the united states? >> perhaps recognizing he wasn't going to change any minds and the committee, california democrat eric swalwell looked into the camera to make this appeal. >> the present was never interested in fighting corruption in ukraine. it was only interested in weaponizing corruption in ukraine for his own personal benefit.

>> republicans took aim at gordon sondland who frequently said he doesn't remember, doesn't know, or isn't sure. >> you're basing impeachment on ambassador sondland's testimony, the guy who presumed there was a quid pro quo, the guy who had to file an addendum to his deposition testimony. >> they don't like him now because he clarified his testimony to say there was definitely a quid pro quo at the heart of this whole thing. now of course they turn on the president's own ambassador. >> pressure is building on 31 moderate democrats who represent districts president trump won in 2016. of them, only two, jeff andrew of new jersey and collin peterson of minnesota voted against the impeachment inquiry. this could have a major impact on their political futures in november. >> the folks who will be regretting what they are doing our democrats in swing districts who probably aren't coming back. i tell them for the upcoming

year, rent don't buy in washington, d.c. >> speaker pelosi says she is not twisting their arms. >> people have to come to their own conclusions. >> the house g.o.p. leaders say the republicans are unified in the pressure is on. >> the only bipartisan vote if you watch what has come forth since then, there's no reason to change that vote. if i read the reports from the democrats, there is more that is going to join us. >> support for impeachment has dipped in recent polling, that could be a key reason why speaker pelosi and her leadership team want to wrap this up as quickly as possible. majority leader mitch mcconnell met with white house attorneys to discuss a set trial. >> bret: thanks, we'll head back for breaking details. cap next elizabeth warren on the trail gets aggressive in new hampshire. we continue to monitor the impeachment hearing. hakeem jeffries from new york, the democrat making his case.

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♪ >> bret: elizabeth warren taking some shots of the competition in the democratic presidential derby. she made a major economic speech in new hampshire today, while some of her competitors were focused on different states. a correspondent peter doocy tells us why from manchester. >> joe biden and michael bloomberg have almost nothing in common except they both waited until today to get on their super tuesday ballots.

there is greater attention on something biden did in november when he told voters "with donald trump out of the way, you will see a number of my republican colleagues have an epiphany." that line is being used against him by elizabeth warren. >> unlike some candidates for the democratic nomination, i am not counting on republican politicians having an epiphany and suddenly supporting the kinds of tax increases on the rich or big business accountability that they have opposed for generations. we know that another, people who raise a quarter of a million dollars for him, his "national investors circle." >> that's pete buttigieg was campaign responded "senator warren's idea of how to defeat donald trump to tell people who don't support her they are unwelcome in the fight and people who disagree with her belong in the other party." she didn't address biden or

pete buttigieg by name, she was only really talking about one rival. >> i am no fan of michael bloomberg. >> bloomberg's plans don't include debates which could conflict with a senate trial complicating schedules of senators running for president. a dnc official stresses the dnc will evaluate its options and work with all the candidates to accommodate them. warren says being a juror is her priority over the primaries. >> i hope this is not a bridge we will have to cross but it is absolutely crucial that we go forward as soberly and nonpolitically on this impeachment process as possible. >> bret: peter doocy with that report. he was in manchester, new hampshire, he's still there but we didn't see him. up next, we'll bring in our

panel and talk about the major news today. the impeachment, all of the things happening on the hill, we will continue to follow the house judiciary hearing as they get ready for a vote on articles of impeachment. right now, doug collins the ranking member from georgia. >> they could of had this and still stayed in court, it -- it's just a waste of time, not going to do it. don't hand me these high and mighty arguments about process, this is not about obstructing congress, it's about congress being petulant. and saying we don't want what we want, we wanted it now -- i can take you back to february, acting attorney general would occur here because they were trying to make political points before as the year got started because there was nothing rolling yet, mueller hadn't happened so they couldn't talk about it, bill barr wasn't sworn in yet and one week before bill barr was sworn in, we

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didn't stop anybody. >> of course he said he wasn't pressured. the united states is a powerful nation on which his nation is dependent. he has a gun to his head. >> bret: that is the chairman of the house judiciary committ committee, eventually it will head to the house floor. let's bring in our panel, leslie marshall democratic strategist and real clear politics cofounder and president. i want to start with this juxtaposition of where we are. if there is this impeachment that is going on and it will happen. the votes it appears are there for nancy pelosi. at the same time, the president is getting his biggest bipartisan legislative win of his presidency and it could be his biggest legislative week today. he is seeing boris johnson get reelected in great britain, the china deal is coming through,

usmca and the new nafta and it's the same week historically could be his worst week, being impeached as one of the few presidents was been impeached. >> mr. chairman i would like to strike the last word. [laughter] i think it's one of his best weeks period. we started out last friday 266,000 jobs created, the economy is booming. boris johnson, socialists defeated in europe. the usmca defense bill includes the restrictions on wall funding. space force created, paid family leave, the pending spending bill that efforts a government shutdown and on impeachment, the democrats after three years of telling us he committed all sorts of crimes, extortion, campaign finance violations, conspiracy, treason, they introduced two articles of impeachment that included no crimes, no statutory crimes whatsoever. the first impeachment in american history that includes no statutory crimes.

on top of that, the polls on impeachment, when this started there was a plurality of voters who supported impeachment and removal, today the majority imposed, this is a home run week for donald trump. >> bret: i want to get to the polls in just a second. one of the guys who makes the case the best on the house judiciary committee for the democrats talking just a few minutes ago about the case. >> we had more than 200 national security professionals, democrats and republicans who expressed concern with the president's wrongdoing, this is a president that attacks everybody to distract, attacks everybody who won't bend the knee to donald j. trump. he even attacked today a 16-year-old teenage activist, greta thunberg.

are you here to defend that as well? >> bret: they are >> bret: talking about the tweed to there, so ridiculous. going to an old fashion movie with friends. a chill, talking about "time" magazine there. the back are they making this case as it goes for impeachment for the vote? >> i would say that they are not making any headway, because we see in the polls that their opinions remain unchanged. if people don't like donald trump or if they are a democrat. if they believe that he did wrong and this is an impeachable offense, that's where they are. it does not seem to change. the hearings have not changed that. and it is on the other side. republicans are people that support the president and do not feel it rises to the level of impeachment or do not want him impeached. they were there, they are still there now. i do not think that it will change. it will not change outcomes in

the election. and i don't think that we will see democrats as bad as republicans then. and i want to add that greta added to her twitter page that she is working on her rage iss issue. >> bret: and going to see a movie i think she said. but you don't think there is an issue? >> 22 are freshmen. we have had one freshman in new jersey saying i am out. you have two democrats that we know from missouri and new jersey are pretty much going to vote "no." they voted no for the inquiry to begin with anyway. >> bret: are over under is 5? >> 5-7, maybe 6, but nancy pelosi has the votes. >> bret: since we have the rcp guy here, we will put up the pole and the chart that has the numbers. the impeachment removal from office. you see the movement there as it is getting at its lowest level for the people that are for.

>> going on a slide per lowery in favor of impeachment, 45, 40, 46. now the gap is gone and it is dead even. >> bret: we have seen swing states. >> we just had a law school pool come out today saying that it is 40 in favor of impeachment, 52 against. that is no movement over the past four weeks weeks. no mines have been changed. impeachment is underwater especially among independents in wisconsin. also michigan and pennsylvania. >> bret: panel, a different show tonight. thank you very much as you look alive at the house floor, the house judiciary committee. we will be tossing here to martha in new york. but thank you for inviting us into your home tonight. that is it for "special report," fair, balanced, and unafraid. we have you covered on all stories. and here is martha maccallum with "the story" from new york.

>> with the committee staff to observe 11 cpb facilities, 13 i.c.e. detention facilities, and in six facilities that contract with hhs. >> martha: there has not been a presidency without actions that were considered wrong or scandalous, controversies that plagued them throughout the presidencies to varying degrees. everybody will judge for themselves whether these situations are egregious or if they are even impeachment worthy. but we are advised today from letting it become a political havoc. here's a moment from today's markup from congressman kelly armstrong of north dakota. >> ronald reagan was accused of abuse of power. clinton excluding the impeachment was accused of abusive accusations. george w. bush was accused of abuse of power. obama's allegations targeted political groups. in the history of our country, the party