SHOULD AMERICANS BE CONCERNED.
ALL THAT COMING UP RIGHT HERE.
BUT FIRST, THE TOP STORY, A
SHOWDOWN WITH THE JUSTICE
DEPARTMENT.
CONGRESSMAN DARRYL ISSA ACCUSES
THE DOJ AND FBI OF SLOW-WALKING
DOCUMENT REQUESTS FROM CONGRESS
UNTIL AFTER THE MIDTERM
ELECTIONS.
HE SAID THEY HAVE A STRATEGY.
HERE'S WHAT THE FORMER CHAIRMAN
OF THE HOUSE OVERSIGHT COMMITTEE
TOLD ME YESTERDAY ON SUNDAY
MORNING FUTURES.
DO YOU THINK YOU'RE GETTING
HONEST ANSWERS FROM THE FBI AND
DOJ?
>> NO, I DON'T.
I BELIEVE THEY'RE LYING THROUGH
THEIR TEETH.
IF YOU WANT TO TELL THE TRUTH,
WHAT YOU DO IS YOU THE SAME
THING YOU DO IN FRONT OF A
FEDERAL JUDGE WHICH BY THE WAY
IS ANOTHER BRANCH, JUST AS
CONGRESS IS, AND YOU ALLOW A
FULL IN DASHCAM
FULL IN-DASHCAM
FULL IN- ASHCAM
FULL IN- CHCAM
FULL IN- CAMERA REVIEW.
I'M NOT HERE AT THE NEGOTIATING
TABLE.
WHEN I WAS THERE, WE WOULD MOST
OFTEN SAY IF YOU SAY IT'S TOO
VOLUMINOUS AND IT WILL TAKE TOO
LONG, GREAT, WE'LL SIT
SIDE-BY-SIDE WITH YOUR PEOPLE,
WE'LL SEARCH AND LOOK AND NARROW
DOWN THINGS WE DON'T NEED.
TO DO THAT WE NEED TO SEE IT
COMPLETELY REDACTED.
IF THEY WANT TO GET TO THE
TRUTH, THAT'S WHAT THEY DO.
>> MARIA: JOINING US NOW TO TALK
MORE ABOUT THIS, JUDGE ANDREW
NAPOLITANO.
HE MAKES A GOOD POINT.
IF THEY SLOW-WALK THIS ALL THE
WAY UP TO NOVEMBER AND THEN THEY
GET LUCKY WHEREAS THEY GET A
MAJORITY IN THE HOUSE, THEY'RE
GOING TO CHANGE ALL A THOSE
COMMITTEE CHAIR MEN.
COMMITTEE CHAIRMEN.
WE WON'T HEAR A WORD ABOUT THE
INVESTIGATION.
>> DEMOCRATS RUNNING THE HOUSE
ARE LIKELY TO BE AGGRESSIVE
AGAINST THE PRESIDENT.
>> MARIA: THAT'S A GOOD POINT.
>> THERE ARE THREE CATEGORIES
THAT THE JUSTICE DEPARTMENT
BELIEVES IT CAN HOLD BACK.
THOSE WHICH THE LAW ALLOWS,
THOSE WHICH INTERFERE WITH THE
INTERNAL OPERATION OF AN ONGOING
CRIMINAL INVESTIGATION, AND ARE
YOU READY FOR THIS ONE, THOSE
WHICH WOULD EMBARRASS THE
JUSTICE DEPARTMENT OR THE FBI.
OBVIOUSLY THE THIRD CATEGORY IS
NOT A LAWFUL CATEGORY BUT IT'S
WHAT THEY DO BECAUSE UNDER THE
J. EDGAR HOOVER YEARS THEY GOT
AWAY WITH IT OVER AND OVER
AGAIN.
>> MARIA: THEY CAN HIDE IF IT'S
GOING TO EMBARRASS THEM.
>> CONGRESSMAN ISA MENTIONED
SOMETHING I HAVEN'T HEARD FROM
CONGRESSMAN GOWDY OR NUNES.
HE SAID LOOK, WHY THIS IMPASSE?
LET'S SERVE THE SUBPOENA.
THEY DON'T REPLY, HOLD THEM IN
CONTEMPT AND GET THE CONTEMPT
CITATION BEFORE A COURT AND THE
JUDGE WILL SAY OKAY, SEND THE
DOCUMENTS TO ME.
I USED TO DO THIS.
I WILL REVIEW THEM AND I'LL
DECIDE WHICH THE CONGRESS GETS
AND WHICH THE CONGRESS DOESN'T
GET.
>> MARIA: THAT'S GOOD.
>> AND THEN THE IMPASSE IS OVER
MANY THIS HAS BEEN GOING ON AND
ON AND ON.
THIS WEEK WILL BE THE
ANNIVERSARY OF THE APPOINTMENT
OF BOB MUELLER.
SO THIS HAS BEEN GOING ON FOR A
YEAR WITH RESPECT TO THE FISA
STUFF, IT'S BEEN GOING ON FOR
MORE THAN A YEAR.
IT SHOULDN'T BE GOING ON LIKE
THIS.
IT'S DEBILITATING TO THE
GOVERNMENT AND DAMAGING TO THE
GOVERNMENT AND DAMAGING TO DHE
GOVERNMENT AND DAMAGING TO DOJ.
YOU HAVE A PROMINENT CONGRESSMAN
SAYING YOU'RE LYING THROUGH YOUR
TEETH.
THIS SHOULDN'T BE HAPPENING IN
THE GOVERNMENT.
THE GOVERNMENT IS HERE TO
PROTECT OUR RIGHTS, PROTECT OUR
PROPERTY AND SERVICE.
>> MARIA: YOU WOULD THINK THEY
ARE ON THE SAME SIDE, THAT THEY
WANT JUSTICE AND HONESTY.
THAT'S NOT THE CASE.
THEY'RE NOT ON THE SAME SIDE.
>> THERE IS THE SEPARATION OF
POWER ISSUE.
CONGRESS CANNOT INTERFERE IN AN
ONGOING CRIMINAL INVESTIGATION.
CANDIDLY, SOME OF WHAT CONGRESS
IS LOOKING FOR IS STILL IN THE
MIDST OF AN ONGOING
INVESTIGATION.
BECAUSE POLITICIANS CAN'T KEEP
THEIR MOUTHS SHUT.
THEY MAY SEE SOMETHING THAT
THEY'LL RELEASE WHICH WILL SEND
A WITNESS LEAVING OR A DEFENDANT
HIDING.
>> WHY DON'T THEY GO THE ROUTE
THAT YOU MENTIONED WITH THE
SUBPOENA AND HAVE A JUDGE REVIEW
IT.
>> MARIA: I LIKE THIS IDEA.
>> FOR SOME REASON, THEY DON'T
WANT TO DO THAT EVEN WHEN THE
REPUBLICAN HOUSE OF
REPRESENTATIVES HELD ERIC HOLDER
IN CONTEMPT FOR FAILURE TO TURN
OVER FAST AND FURIOUS DOCUMENTS,
THEY NEVER WENT THE ONE STEP
FURTHER AND TOOK THE CONTEMPT TO
A COURT.
SO IT'S BASICALLY JUST A PIECE
OF PAPER.
IF THEY HAD TAKEN IT TO A COURT
AND IT WAS A JUDGMENT OF
CONTEMPT, I GUARANTEE HE WOULD
HAVE COUGHED UP THE DOCUMENTS
BECAUSE THE JUDGMENT OF CONTEMPT
WOULD HAVE INTERFERED WITH HIS
ABILITY TO PRACTICE LAW AFTER HE
LEFT THE JUSTICE DEPARTMENT.
>> WHAT'S THE RELUCTANCE ABOUT?
>> I DON'T KNOW WHAT THE
RELUCTANCE IS.
IT MAKES YOU WONDER.
>> MARIA: ARE THEY HIDING
SOMETHING.
>> DO THEY WANT THE DOCUMENTS OR
ARE THEY DOING THIS TO TURN UP
THE BASE.
IF THEY WANT THE DOCUMENTS, THEY
HAVE THE TOOLS TO GET THEM.
>> IT'S MORE IMPORTANT TO SAY
YOU WON'T GIVE THEM TO ME, THAN
TO RECEIVE THEM?
>> POLITICALLY IS MIGHT BE
BENEFICIAL TO THEM.
>> MARIA: LET'S BE HONEST.
THEY'RE ASKING FOR 1.2 MILLION
DOCUMENTS AND THEY'VE ONLY
GOTTEN 9,000.
IT'S BEEN A YEAR.
>> NO QUESTION THAT THE DOJ IS
SLOW-WALKING.
>> DAGEN: POLITICALLY I DON'T
THINK THIS IS SOMETHING THAT
WOULD MOTIVATE THEM.
THE SITUATION WITH THE DOCUMENTS
THAT THEY HAVEN'T GOTTEN, THE
TOP SECRET INTELLIGENT SOURCE
THAT THE JUSTICE DEPARTMENT IS
HIDING.
>> MARIA: THE WASHINGTON POST
SEEMS TO KNOW WHO IT IS.
>> DAGEN: THERE WAS A LEAK TO
THE WASH TUBE
THE WASHITUBE
THE WASHINGBE
THE WASHINGTON POST.
THE AVERAGE VOTER GETS LOST IN
THE WEEDS.
WE UNDERSTAND THE IMPORTANCE,
THAT YOU HAVE AN ABUSE OF POWER
AT THE TOP OF LAW ENFORCEMENT.
>> THE WASHINGTON POST KNEW THAT
GENERAL FLYNN AND AMBASSADOR
KISLIAK HAD BEEN TAPED BEFORE
GENERAL FLYNN HAD BEEN TAPED.
>> MARIA: AND THAT'S A FELONY.
>> IT'S A FELONY FOR WHOEVER
GAVE IT TO THE PRESS.
>> DAGEN: PENTAGON PAPERS, TWO
WORDS.
>> THAT'S THE CASE THAT MICHAEL
OFTEN
AVTEN
AVENN
AVENATI WILL RELY ON.
>> MARIA: LET'S TALK NATIONAL
SECURITY.
I WAS TAKEN ABACK WITH FORMER
VICE PRESIDENT DICK CHENEY'S
COMMENTS ABOUT ENHANCED
INTERROGATION PRACTICES USED ON
TERRORISM SUSPECTS AFTER
SEPTEMBER 11th.
LISTEN TO THIS.
>> I'VE BEEN VERY VOCAL ABOUT
IT.
I BELIEVED IN IT.
I WAS HEAVILY INVOLVED IN
GETTING IT SET UP AND GETTING
THE OPINION OUT OF THE JUSTICE
DEPARTMENT ON HOW FAR WE COULD
GO.
I'M NOT ONE OF THOSE PEOPLE WHO
CALLS IT TORTURE.
A LOT OF PEOPLE DO.
IT WASN'T.
IT WAS SET UP IN A WAY THAT WAS
CONSISTENT WITH OUR FUNDAMENTAL
STATUTES AND AGREEMENTS THAT
WERE IN PLACE AND IT WORKED.
I THINK WHAT WE DID HELPED
ULTIMATELY PRODUCE THE
INTELLIGENCE WE NEEDED TO BE
ABLE TO GET BIN LADEN AND SO I
SUPPORTED IT WHOLEHEARTEDLY.
>> MARIA: HIS MAIN POINT IS WE
LOST 3,000 PEOPLE ON
SEPTEMBER 11th AND IT'S NOT
LIKE WE'RE WATERBOARDING
EVERYBODY.
IT WAS THREE PEOPLE AND THE ONE
WHO WAS WATERBOARDED THE MOST
WAS THE MASTERMIND OF 9/11.
>> EXCEPT THAT ALL THE FORMER
DIRECTORS OF THE CIA DURING THAT
TIME PERIOD, INCLUDING GENERAL
DAVID PETRAEUS AND INCLUDING
GINA HASPEL SAY THAT TORTURE
DOESN'T WORK.
TORTURE IS ABSOLUTELY AGAINST
THE LAW.
WHAT HE AUTHORIZED BEING DONE IS
NOW CRIMINAL TO DO.
IT'S AGAINST THREE TREATIES IN
WHICH THE UNITED STATES IS A
PARTY NOW AND WAS A PARTY AT THE
TIME.
>> DAGEN: SHE DID SAY IN THE
WRITTEN INFORMATION THAT SHE
GAVE TO THE COMMITTEE, SHE
ADMITTED THAT THE PROGRAM WAS A
MISTAKE BUT SHE DID SAY IN
WRITTEN ANSWERS THAT THE PROGRAM
PRODUCED VALUABLE INTELLIGENCE.
SO THAT'S ANOTHER WAY OF SAYING
THAT IT DID WORK.
>> MARIA: OSAMA BIN LADEN.
>> THEN SHE WASN'T TRUTHFUL
UNDER OATH WHEN SHE SAID TORTURE
DOESN'T WORK.
SHE SAID IT THREE TIMES.
IT'S CLEAR THAT WATERBOARDING IS
ILLEGAL TODAY.
IT WASN'T ILLEGAL AT THE TIME HE
SAID HE WAS ENCOURAGING IT AND
CAUSING IT TO HAPPEN.
IT IS ILLEGAL TODAY.
>> DAGEN: YOU CAN'T LIE, IF IT
DID INDEED WORK AND GET
INFORMATION OUT OF --
>> MARIA: HE SAID IT WORKED.
CHENEY SAID IT WORKED.
HE SAID HE WOULD DO IT AGAIN.
>> BRENNAN SAID IT DIDN'T WORK.
IT'S AN AGE DARK
IT'S AN AGE-OARK
IT'S AN AGE-OLDK
IT'S AN AGE-OLD CONFLICT.
THIS IS NOT ANYTHING NEW.
NOW WE HAVE STATUTES TO ADDRESS
IT.
>> DAGEN: ONE OF THE SEAL TEAM
MEMBERS WHO TOOK DOWN OSAMA BIN
LADEN SAID WE WOULDN'T HAVE BEEN
ON THAT MISSION IF IT DIDN'T
WORK.
>> WHAT'S THE SENSE OF HAVING A
STATUTE IF WE'RE NOT GOING TO
OBEY IT.
IT WAS WRITTEN TO KEEP OUR
BEHAVIOR MORAL IN BAD TIMES AND
IN GOOD, WHETHER THE IMMORAL
BEHAVIOR WORKS OR NOT.
IF SHE WAS LYING, SHE DOESN'T
DESERVE TO RUN THE CIA.
IF SHE WAS TELLING THE TRUTH,
SHE WILL HAVE TO EXPLAIN HOW SHE