Subtitles section Play video Print subtitles ACHINGS AIN'T WE ARE BACK WITH A FOX NEWS ALERT. BRAND NEW DETAILS THIS MORNING SURROUNDING JEFFREY EPSTEIN'S APPARENT SUICIDE. TODD: AUTOPSY REPORTEDLY SHOWING BROKEN BONES IN HIS NECK. RAISING MORE QUESTIONS ABOUT HIS FINAL CAUSE OF DEATH. STEVE: ANDREW McCARTHY SERVED AS THE CHIEF U.S. ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW YORK AND HAD DEFENDANTS IN THE SAME JAIL AT ONE TIME OR ANOTHER. HE JOINS US NOW LIVE. >> GOOD MORNING. STEVE: APPARENTLY BROKEN BONES IN THE NECK BUT ONE IN PARTICULAR, THIZE OID BONE NEAR THE ADAM'S APPLE WHICH IS MORE COMMON IN STRANGULATION MURDERS THAN SUICIDAL HANGINGS, IT IS WRITTEN IN THIS MORNING'S PAPER. >> YEAH. BUT WHAT YOU JUST SAID THE WORLD STRANG GLUE LABOR RELATION MAY BE LESS IMPORTANT THAN THE WORDS MORE COMMON. IT'S NOT INCONSISTENT WITH SUICIDE. AND WHAT I HATE ABOUT THESE LEAKS IS. STEVE: AUTOPSY LEAKS. >> ANY KIND OF LEAKS ABOUT INVESTIGATIONS WHERE PEOPLE CHERRY PICK WHERE THEY WANT TO PUT OUT UNDER CIRCUMSTANCES WE KNOW IN MOST INVESTIGATIONS WE NEED TO HAVE A EXPENSIVE UNDERSTANDING OF EVERYTHING AND YOU CAN PUT TOO MUCH OR TOO LITTLE EMPHASIS ON INDIVIDUAL FACTS. TO ME I WOULD WANT TO KNOW IF THEY THEY ACTUALLY HAD VIDEO OF THE COMMON AREAS OF THE JAIL AND THEY COULD TELL WHETHER SOMEONE ELSE WAS ABLE TO GET IN AND OUT OF CELL. THAT TO ME WOULD BE AT LEAST AS IMPORTANT A PIECE OF EVIDENCE AS WHAT -- AINSLEY: WHAT DO YOU THINK HAPPENED. >> I'M GOING TO ASSUME IT WAS A SUICIDE UNTIL THERE IS POWERFUL EVIDENCE THAT THERE IS NOT. THAT'S WHAT IT LOOKS LIKE TO ME. GROSS INCOMPETENCE HERE. NOT SURPRISING INCOMPETENCE THAT PARTICULAR INSTITUTION HAS NOT GOT A GREAT REPUTATION EVEN IN FEDERAL CIRCLES. TODD: ANDY, WHAT I WANT TO SEE IS MY -- EXCUSE ME USING THIS PHRASE LEADING TO THE NEXT SEGMENT. A JOHN DURHAM TYPE INVESTIGATION WHERE EVERYBODY THAT IS INVESTIGATING IS NON-PARTIAL, BIPARTISAN. I WANT THE CLEANEST THING IN THE WORLD TO INVESTIGATE THIS JUST SO AS AMERICANS WE CAN FEEL CONFIDENT AND KNOW WHAT HAPPENED. IS THAT REALISTIC? >> I HOPE IT IS. YOU KNOW, WHAT'S REALLY SAD IS THAT YOU HAVE TO DESCRIBE IT THAT WAY. BECAUSE IT USED TO BE IMPLICIT THAT THAT'S WAS WHAT THESE INVESTIGATIONS WERE. I WAS VERY PROUD TO BE AT THE SOUTHERN DISTRICT OF NEW YORK FOR ALMOST 20 YEARS. STEVE: RIGHT. >> I THINK WE WOULD HAVE TAKEN UMBRAGE AT THE SUGGESTION THAT INVESTIGATIONS WERE ANY OTHER WAY. BUT, YOU KNOW, THIS IS THE WORLD WHERE WE ARE LIVING IN. AINSLEY: FASCINATING. WE WANT TO KNOW WHAT HAPPENED WITHIN THAT JAIL CELL. ULTIMATELY WE HAVE TO REMEMBER THE VICTIMS. ALL THESE WOMEN THAT ARE CLAIMING THAT HE SEXUALLY ASSAULTED THEM AT AN EARLY AGE WHEN THEY WERE MINORS. WHAT HAPPENS TO THEM? WHEN DO THEY GET JUSTICE? >> YOU KNOW, AINSLEY, THE THING THAT I THINK WE CAN TAKE HEART FROM IS THAT ATTORNEY GENERAL BARR HAS BEEN VERY CLEAR THAT THIS CASE IS GOING ON, THIS INVESTIGATION IS GOING ON. ONE OF THE THINGS THAT WAS NOTABLE READINGS THE INDICTMENT IS THE FIRST CHARGE IS A CONSPIRACY CHARGE, SO THAT HE IS NOT THE ONLY OR HE WAS NOT THE ONLY PERSON WHO WAS ALLEGED TO HAVE BEEN AT THE ROOT OF THIS ABUSE. AND THIS IS GOING TO CONTINUE. IT'S GOING TO CONTINUE IN THE CRIMINAL CONTEXT THERE IS GOING TO BE CIVIL LITIGATION. I THINK THE VICTIMS WILL GET JUSTICE. STEVE: ANDY, LET'S TALK ABOUT YOUR BRAND NEW BOOK AVAILABLE EVERYWHERE RIGHT NOW. BALL OF COLLUSION. YOU WRITE IN THE BOOK THERE WAS NO COLLUSION BETWEEN PRESIDENT TRUMP'S CAMPAIGN AND THE RUSSIANS. BUT THERE WAS COLLUSION BETWEEN -- >> WELL, I THINK THE OBAMA ADMINISTRATION PUT THE LAW ENFORCEMENT AND INTELLIGENCE APPARATUS OF OUR GOVERNMENT IN THE SERVICE OF THE CLINTON CAMPAIGN. >> SO THE COLLUSION WAS BETWEEN OBAMA AND CLINTON? >> YES. AND IT WAS THE USE OF THESE COUNTERINTELLIGENCE TOWERS AND LAW ENFORCEMENT PROCESSES IN OUR POLITICAL PROCESS WHICH IS NEVER SUPPOSED TO HAPPEN. STEVE: BUT IT DID, ACCORDING TO YOUR BOOK. >> WELL, I TRIED IN THE BOOK TO NOT MAKE ASSERTIONS THAT I COULDN'T BACK UP. I THINK IT'S PRETTY, RICHLY FOOTNOTED AND CORROBORATED, WHICH IS MORE THAN YOU CAN SAY FOR SAY THE DOSSIER. AINSLEY: WHY DID YOU WRITE THE BOOK? WHAT WAS YOUR INSPIRATION? >> I STARTED OUT HAVING COVERED A LOT OF THE CLINTON EMAILS CASE AND THE TRUMP-RUSSIA CASE. AND WHAT BOTHERED ME WAS THE DIFFERENCE IN THE QUALITY OF JUSTICE THAT WAS AFFORDED. I DON'T THINK ANY OBJECTIVE PERSON CAN LOOK AT THOSE TWO INVESTIGATIONS AND SAY THE SAME QUALITY OF JUSTICE WAS AFFORDED TO EACH. BUT THE OTHER THING IS I THINK I WAS ESSENTIALLY WRONG ABOUT SOMETHING I FELT VERY STRONGLY ABOUT AT THE BEGINNING. I TOLD PEOPLE THAT THERE WAS NO WAY THEY WOULD TAKE AN UNCORROBORATED SCREED OF POLITICAL OPERATION AND TAKE IT TO A FEDERAL COURT TO GET A SURVEILLANCE WARRANT I TOLD PEOPLE THEY WERE CRAZY TO THINK THAT THE FBI AND THE JUSTICE DEPARTMENT WOULD EVER DO THAT. I WANTED TO KNOW WHY WAS I SO SO SPECTACULARLY WRONG? I THINK THE ANSWER IS IN EVERY INVESTIGATION, THE INVESTIGATORS ALWAYS THINK THAT THEIR BAD GUYS ARE THE WORST BAD GUYS IN THE HISTORY OF BAD GUYS. AND WHAT YOU ALWAYS NEED IS THE ADULT SUPERVISION OF LEADERSHIP, HEADQUARTERS, WHETHER IT'S AT THE JUSTICE DEPARTMENT OR THE FBI TO POLICE THE INEVITABLE TENDENCY PEOPLE HAVE TO PUSH THE ENVELOPE. AND I THINK WHAT HAPPENED HERE, AINSLEY, IS SUPERVISION BECAME THE INVESTIGATOR. AND WHEN THEY PUSHED THE ENVELOPE, THERE WAS NOBODY THERE TO TELL THEM NO. STEVE: ANDY, I SAW THE PRESIDENT ANSWERED A QUESTION UP ON CAPITOL HILL FROM A REPORTER ABOUT HOW HIGH HE THOUGHT THIS WENT IN THE OBAMA ADMINISTRATION AND HE SAID I REALLY SHOULDN'T ANSWER BUT YOU KNOW WHAT I THINK. HOW HIGH DO YOU THINK IT DID GO? >> THESE WERE COUNTERINTELLIGENCE INVESTIGATIONS. THEY ARE DIFFERENT FROM CRIMINAL -- CRIMINAL INVESTIGATION IS THE VINDICATION OF THE RULE OF LAW IN JUDICIAL PROCEEDINGS. COUNTER INTELLIGENCE INVESTIGATIONS BELONG TO THE PRESIDENT. THEY ARE ONLY DONE FOR ONE REASON TO BELIEVE AND THAT IS TO GATHER INTELLIGENCE SO THAT THE PRESIDENT CAN CARRY OUT HIS NATIONAL SECURITY RESPONSIBILITIES UNDER THE CONSTITUTION. SO ANY COUNTERINTELLIGENCE INVESTIGATION IS THE PRESIDENT'S INVESTIGATION. STEVE: THIS GOES TO THE WEST WING? >> IT GOES TO THE PRESIDENT. THAT'S THE WAY IT'S SUPPOSED TO WORK. IF IT'S NOT WORKING THAT WAY, THEN IT SHOULDN'T BE A COUNTERINTELLIGENCE INVESTIGATION IN THE FIRST PLACE. BUT HERE WE DON'T HAVE TO SPECULATE BECAUSE THERE IS PLENTY OF INDICATION THAT PRESIDENT OBAMA WAS INFORMED AND KNEW WHAT EXACTLY WHAT THEY WERE DOING. STEVE: HOLY COW. AINSLEY: WOW. STEVE: GOT TO READ THIS BOOK.
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