I appeared on Fox News @Night with Shannon Bream on November 27.

We started with the upcoming Horowitz report on surveillance of the Trump campaign and then moved on to the current status of impeachment.

Here’s a partial transcript (video at bottom of post):

BREAM: According to the New York Times leaks, the Horowitz report also has some bad news for the FBI and that allegedly includes evidence that an FBI lawyer manipulated a key investigative document in the process of applying to get a warrant for surveillance on a Trump campaign staffer. Let’s discuss all of this with former deputy assistant attorney general Harry Littman and Clinical Professor of Law at Cornell, William Jacobson, also the founder of the Legal Insurrection website. Gentlemen, good to have both of you with us tonight…

Okay, so the New York Times also in reporting on what they say is going to be in the Horowitz reports says this, it will to talk about the fact that there is actually some wrongdoing by the FBI, in that it says, but Mr. Horwitz will sharply criticized FBI lawyers for their handling of the investigation in some ways and the honor of errors and omissions when FBI officials applied for the wiretap. A draft contained a chart listing numerous mistakes in the process. Um, professor, is that going to sway anyone?

WAJ: I don’t think so. I think people have made up their minds on what has happened, not just with regard to the investigation of the Trump campaign, but with regard to impeachment and other things. I mean, this has been going on for three years. The fact that there are leaks coming out trying to set the stage and spin a narrative. I just don’t think it’s gonna make a difference. Let’s wait till the Horowitz report comes out. Let’s see what it really says. But I don’t think at this point, three years into the effort to remove Trump, three years into fighting over the Mueller report, three years into all of the Russia collusion allegations. I don’t think minds are being changed at all by any of them.

BREAM: Yeah. Maybe not on either side. So to the finding though that the FBI says there were no, or, excuse me, that Horowitz says the FBI did not plant undercover agents or informants inside or make efforts to put them inside the Trump campaign. Town Hall says this, “We’re debating distinctions without differences here. The FBI didn’t spy or plant informants. They just send people to glean information from those who were with the Trump campaign, without them knowing they were working for the FBI. Words have no meaning if you believe any of this drivel.”

* * *

Yeah. And for now it’s speculation cause it’s based on a leaker of somebody who’s apparently seen a draft. Again, we’ll know December 9th, in the meantime there are those who think very differently about how we’ve seen impeachment play out on the Hill. Some think it’s a slam dunk for the president or against the president depending on where you’re coming from. Peggy Noonan writing a Wall Street Journal opinion piece said this: “As to impeachment itself, the case has been so clearly made, you wonder what exactly the Senate will be left doing. How will they hold a lengthy trial with a case this clear?” Professor?

WAJ: Yeah. Well, I think in many ways the Democrats are like the dog chasing the car and they found it and they don’t know what to do with it. What are the Democrats achieving? There is close to no likelihood that 20 Republican Senators are going to vote to remove Donald Trump, unless something completely startling were to come up in the next couple of months. So they’re not going to remove Trump, and based on all of the polling, they’re not achieving their political objectives. They are not convincing people to vote against Trump. They’re not convincing people to back impeachment. So what are the Democrats actually doing here?

I think what they’re doing here is they have wanted to impeach Donald Trump since the day he was elected. And they’re there now and it’s just not working for them.


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