Rosenstein to Brief Trump Thursday on DOJ I.G.'s Report on FBI's Handling of Clinton Probe
LEMON: So here is breaking news right now, President Trump getting a briefing Thursday on a highly anticipated report from the Justice Department and inspector general. CNN Justice Reporter, Laura Jarrett joins me now with all the details. OK, so this briefing comes on Wednesday from the Deputy Attorney- General on the IG report on Thursday I should say. So what can you tell us about it? What do you know, Laura?</s>LAURA JARRETT, CNN JUSTICE REPORTER: Yes, Don, this is sort of eye brow raising. Of course, the President has been hotly anticipating this report, tweeting about it every now and then saying it's been delayed, suggesting that it's been watered down. But I have now learned this evening that the Deputy Attorney-General Rod Rosenstein will brief the President on Thursday before the report is publicly released that day. And I also got a statement, and an interesting one from a spokesperson for the Inspector General's Office who noted that this has been done in the past under the Obama administration. And he goes on to say, no changes are made to the OIG's report on account of these briefings. So, clearly, the office is mindful of what the President has been tweeting, Don.</s>LEMON: So, apparently there is this escalating war, Laura, between Devin Nunes and Rosenstein. Talk to me about that.</s>JARRETT: Yes, this battle gets uglier by the day. And Justice Officials are pushing back on this one saying the fact have been turned upside down. Now this latest feud between Rosenstein and the staff on the House Intel Committee all goes back to a heated meeting in January of this year right on the heels of the House Intel Committee Chairman Devin Nunes who start regularly threatening Rod Rosenstein with contempt of Congress for failing to turn over documents related to the Russian investigation. Well, earlier today, another network reported that at that meeting, Rosenstein essentially threatened House Intel staff in the room with a criminal investigation for their own conduct. But two sources tell me, Don, that that is false. And instead, Rosenstein essentially said if you hold me in contempt, realize I will be able to defend myself.</s>LEMON: Laura Jarrett with the breaking news tonight. Laura, thank you, I appreciate that.</s>JARRETT: Thanks, Don.</s>LEMON: Let's discuss all of this now with Congressman Eric Swalwell. He is a Democrat on the House Intelligence Committee. First, what's your -- what's your assessment with this breaking news that Rosenstein is going to brief the President on Thursday?</s>REP. ERIC SWALWELL (D), CALIFORNIA: I mean, it's all right. You know, it was a critical point in the election, the President should be briefed on it, I'm not bothered by that at all. But remember, Don, Donald Trump, just days before the election, wanted to throw a parade for Jim Comey for reopening the investigation. And now, it's to suggest that he's offended by the way that he handle it. What I'm more upset about is that the President refuses to be briefed on what the Russians did in 2016 in the election, and what they're willing to do in 2018. He's obsessed with Comey, but he is not obsessed -- because that's about him. But he's not obsessed about us, and our democracy, and what it takes to protect that.</s>LEMON: I don't think that's going to happen.</s>SWALWELL: No.</s>LEMON: So...</s>SWALWELL: No.</s>LEMON: So, I mean...</s>SWALWELL: So we have to fix that.</s>LEMON: This is not going to happen. So let's talk about -- our reporting is that Devin Nunes and the Attorney General whose overseeing the Russia investigation is in a fight -- they're in a fight. I know you can't disclose everything because -- you know, because of the position that you hold, but what can you tell us about their relationship? What went wrong?</s>SWALWELL: Well, Devin Nunes saw his job as not conducting oversight, or protecting the battle box, or protecting the President. That was from day one of our investigation, I saw that behind the scenes, and I saw that in public. And I think Mr. Rosenstein is concerned that you have a member of Congress trying to reach into the FBI evidence locker, and then give that evidence to subjects of the investigation. That's very dangerous for the rule of law, and our country. And at some point, he has to just say no. We don't do that in America, and we're not going to let you do that for this President.</s>LEMON: So, everything you know about the Deputy Attorney-General, would he threaten House staff as he alleges what the DOJ denies?</s>SWALWELL: I don't think so, Don. You know, I was a prosecutor, and I think most prosecutors, you know, they go above and beyond to follow the law, and meet the highest standards of the law to prove their case. You know, we were always told when we were trying that, you know, you wear the white hat, and you do the right thing. I just can't see him saying that, but I can see because I have with seen my own eyes, Chairman Nunes obstructing, and preventing Rosenstein from doing what he has to do to allow Mueller to complete his job.</s>LEMON: So, when the evidence that you have seen -- you have seen with your own eyes? You haven't seen that the Deputy AG would do I with it -- the Attorney-General would?</s>SWALWELL: That would be out of character for...</s>LEMON: OK. So, the Attorney-General Jeff Session in just a short time ago, he said that -- he said that they have been cooperative with the DOJ, they've turned over information, they have made progress on that front, would you agree with that?</s>SWALWELL: That the DOJ has been cooperative with House Intelligence?</s>LEMON: Yes.</s>SWALWELL: I think our job is to look, you know, whether Civil Rights are being violated, you know, whether investigations are within their scope, but we don't do that when the investigation is on going.</s>LEMON: Too corporative?</s>SWALWELL: Yes, too corporative. Devin Nunes is not interested in even learning, and there's been reports that he doesn't even read what's been turned over. He just wants Rosenstein to say no, so then he can use that as a reason to undermine Rosenstein and Mueller's investigation, huge purpose.</s>LEMON: You have said that from the very beginning, I remember you coming on the show, and even you weren't in the show, you were standing there in Congress saying that you believe that Nunes should have been off the House Intelligence Committee's Russia investigation a long time ago. He seems to keep all of this in the spotlight. Why is he able to do that when the investigation -- the House investigation is essentially closed as Republicans are concerned?</s>SWALWELL: Paul Ryan won't stand up to him. Paul Ryan appointed him. He 2can take him off the committee. He can get us back to that cooperation. I want so many times...</s>LEMON: Why won't he stand up to him?</s>SWALWELL: I think he's afraid of Donald Trump. He's afraid of him. The same reason Mark Stanford's afraid of Donald Trump, because Trump wins. When you go against Trump, he wins, and democracy loses. You wouldn't believe the number of times I saw Mr. Schiff in our committee say to the Republicans, why don't we just meet. Go on the sidelines, have an informal meeting, you tell us what's bothering. We will tell you what's bothering us. And not once did they take them up on it.</s>LEMON: So do you remember when the President's attorney was his new attorney? Not exactly knew...</s>SWALWELL: Which one?</s>LEMON: Rudy Giuliani. When he said that the President didn't have time to sit down with Robert Mueller because he was preparing -- too busy preparing for this North Korea summit, right? Watch this.</s>RUDY GIULIANI, PRESIDENT TRUMP'S LAWYER: If Mueller said to me tomorrow, bring him in two hours like you want, no questions that you don't want, and we're pretty much ready to clear him. I could not go to the President of the United States, and say, take two days off and get ready for that, and screw the whole thing with North Korea. How can any American do that?</s>LEMON: OK, so there's two thing, number one, summit's over, right, the investigation still going on.</s>SWALWELL: Yes.</s>LEMON: And number two, the President admitted as much that he didn't really prepare. Because I've been preparing for this for all my life, I'm going with my gut, and how I feel. So, what gives here?</s>SWALWELL: Yes. He didn't prepare. He saw this as a match.com date without any repercussion.</s>LEMON: So what does that -- what does that mean when Rudy Giuliani said, was he just flat out lying?</s>SWALWELL: Sit in the chair now -- what's you excuse for not sitting in the chair now? When you -- and to hear all of these complaints from Vice President Pence to the President that it's taking too long -- by the way, hasn't gone as long as whether (Inaudible) or Watergate. But when you tamper with witnesses, whether you lie, when you obstruct, and when you're not willing to sit in the chair when you've already been given the questions, yes, that's going to take a little while.</s>LEMON: Congressman Swalwell, thank you, sir.</s>SWALWELL: Yes, my pleasure.</s>LEMON: I appreciate it. When we come back a federal judge approves AT&T's merger with Time Warner despite the administration's objection to the deal. And that judge is also given President Trump's DOJ a stern warning. We're going to tell you about that next.