STEVE DOOCY (CO-HOST): So what are you thinking [Yovanovitch] may have done?
TOM FITTON (PRESIDENT, JUDICIAL WATCH): Well, our sourcing tells us that she was asking that folks like Rudy Giuliani, Don Trump Jr., a whole list of your colleagues there at Fox, be monitored on certain phrases. And this is around March of this year. Biden, Giuliani, Soros and her own name, Yovanovitch. So the problem is that it's not legal for the State Department to do that type of monitoring, certainly overseas, of American citizens. And it may have been only social media posts but they still can't be tracking American citizens' activities like that. The project was so big, they sought help from D.C. and that's when someone in D.C. said hold on a sec. You can't be doing this. It's not legal.
DOOCY: And of course she testified behind closed doors, and the way they have set it up is that's all supposed to be confidential. It's supposed to be secret. And yet somehow not so secret to some newspapers.
FITTON: Yeah. The selective leaks of the secret star chamber type testimony is really deplorable, to use a turn of phrase. And I would like to see her full transcript so we can figure out whether members of Congress questioned her about this issue. You know, the State Department is aware of this, guys. And it's about time we get a fuller explanation as to why this ambassador, a career civil service person who had been placed as ambassador by President Obama, was so concerned about Biden and Ukraine and George Soros, who controversially was involved in Ukraine as well through his Open Society funding and foundations. Why were they monitoring the president's lawyer and his son?
DOOCY: Sure. And keeping an eye on people on television of all things. And I know you filed a Freedom of Information Act request so perhaps you will get the answer to it. But just, you know, go ahead and speculate for a second. Connect some dots. Why would she want to do that?
FITTON: Well, you know, it looks an awful lot like an enemy's list to me. And when you are concerned about an issue, you start searching on the terms you are concerned about. Biden, Ukraine, Soros. What was going on in March? What was it about those subjects that our ambassador was tasking her staff with tracking the social media postings of these figures, contrary to law and in a way such that people in Washington said you can't do it and you have to stop. There are issues here that are not just about why they were tracking it, but whether the rights of those being targeted were violated as a result.
DOOCY: And it's particularly disturbing that, you know, somebody in the federal government would be tracking people on TV.
FITTON: Well yeah I mean, it is social media posts. But look, you know, any of your viewers and you, Steve, do you want the government creating a file on you based on what your social media postings are? No, you don't. And sure enough the law doesn't allow it.
DOOCY: It does not.