Transcripts For CNNW Smerconish 20171125

Im Michael Smerkonish in philadelphia. We welcome viewers in the United States and around the world. While the president rightly brags that he Economic Indicators are booming, his Approval Ratings are still bottoming out. Why the disconnect . And when Rapper Meek Mill violated his decadelong probation with a minor infraction, the judge sent him back to jail. Is he the right face for a National Conversation about mass incarceration . Plus the New York Times suspends White House Reporter glenn thrush pending investigation of sexual impropriety. But in his case, as the pendulum swung too far . And perhaps the greatest achievement of President Trump is something that gets scant attention. Behind the scenes hes repop lating the federal bench. And that will have a longlasting impact. Yesterday was black friday, today is Small Business saturday. Cybermonday is coming. And cash registers are jingling across america. The stock market remains high, the Unemployment Rate is low. And maybe headed further down. Just last week Goldman Sachs said the Unemployment Rate now 4. 1 , could tumble to 3. 5 , by the end of 2019. President trump welcomed that news, in a tweet saying under President Trump, Unemployment Rate will drop below 4 , analysts predict. On friday, the s p 500 closed above 2600 for the first time ever. And yet a year after an election in which one candidate won the popular vote and another the electoral college, americans remain fundamentally divided. The man in the white house, deeply unpopular. President trumps disapproval rate is about 55 , according to gallup. Thats poorer than some of the leastpopular modern american president s. So when are the economic metrics going to catch up to the polling numbers . Or when are the polling numbers going to catch up to the economic metrics . In 19 2, James Carville famously summarized the key issue in the president ial race with these words its the economy, stupid. Well, no more. President obama presided over eight years of economic recovery. While his disapproval was never as high as trumps. According to gallup, he never enjoyed a sustained Approval Rating beyond the mid 50s. Viewed this way, the nine years of Economic Growth under both obama and trump beg the question of whether these two bedrock lode stars of american life, the economy and the presidency are now permanently disengaged. Shy of a National Security emergency, have we witnessed the end of days when americans can generally agree on the job a president is doing . Apparently so. And that is yet another sad reflection of our deep partisan divide. Joining me now, scott adams, creator of dilb research t one of the earliest to recognize Donald Trumps likely victory and is also the author most recently of the book win bigley. Persuasion in a world where facts dont matter. And david lipman is here, a former speech writer for president obama. And author of the book thanks, obama. Scott, you first. React to my commentary, why the disconnect . I think youll never see a situation like this again. Possibly where the president s personality is such a big part of peoples impression of the presidency. So i think the economics and the personality will be forever disconnected. Especially when you have a president whose brand is being politically incorrect. Because youre going to start with a third of the country is going to hate whoever is in charge. Just because theyre on the other team. And a about a third of the country in my opinion as a professional humorist doesnt have a sense of humor and i mean that literally. About a third of the population pretends to have a sense of humor, but kind of doesnt. And if you have a funny president who likes to be politically incorrect, youve got third of the country thats just going to be hard to turn, no matter whats happening with the economy. Scott, your book is all about persuasion. Is there any amount of persuasion that would cause those who did not vote for donald trump to reevaluate in some cases, their antipathy for the man . Well time will help. If we are looking at the end of his term and the economy was still doing great, then people are going to start to say well that may be a little more trump than obama. But everybodys first year is always going to be filled with i think its this president , no, i think it was the last pre who got us going. And because the economy is this big complicated thing with so many variables, everybody can find something to like and something not to like. I like the gdp, but i dont like the deficit. I like the jobs, but i dont like the wages. Theres plenty of fodder for a bias for people to lock into whatever opinion they already held. David lit, your guy never got the full acknowledgement and credit that i think he deserved for bringing us out of the morass of 2008. So its not just a phenomena of the trump watch. Theyre different. For president obama we saw over and over again the economy was improving. And for the most part, the conservative Media Echo Chamber said no, its not. I think with trump its a little different. I think its great that the economy is improving under President Trump. I would rather it improved than not. I think its important for americans. I think whats dragging down President Trumps Approval Rating for very good reasons is the other stuff that hes doing. The fact that he referred to neonazis as very fine people or fired his fbi director in the middle of an investigation. These are unprecedented times. And i think thats whats being reflected in the president s approval. Scott, we cant even agree sometimes on the metrics. I remember when it was candidate trump and the Unemployment Rate was decreasing under president obama. He would say well its because people are no longer looking for jobs. And yet now if its 4. 1 on his watch, hes happy to accept it. You know the president cant do everything about the economy. There are only a few levers that the president has and one of them is our sense of optimism. If Everything Else is okay, you dont have shortages in your economy and we dont, optimism and psychology are what drives things forward. So you do want a president who claims credit for things that maybe youre even a little bit of an overclaim. Because thats whats makes people say things are looking good. We heard it from the president so youre watching a president who is actually attempting and i would say succeeding, at talking the economy up. David lit i read a great analysis in the wall street journal this week that says it depends where are you in the economy right now. Where are you in the country right now. How you perceive the economy. Another reflection of the red state blue state phenomena, that people red staters are much more optimistic that those in the blue states. Well i think you know, scott talked about talking the economy up. I think theres one thing i learned as a speech writer in the white house its that actions speak louder than words. If you look at democrats right now, theres a real fear. People remember what it was like in the bush years when we passed huge irresponsible tax cuts. We were promised growth forever. Instead we got a recession and now were looking at more huge irresponsible tax cuts. Some of the pessimism that i think a lot of my fellow democrats feel is not about the state of the economy today. Its about passing a tax bill just as one example, that even Forbes Magazine said could lead to an economic crisis. That does make people more pessimistic. And frankly, i think it should. Scott, react to that. Well, the thing with the economy is that for most people, the economy is this big ball of magic that we dont understand. And even you know nobelwinning economists are making predictions that have been way off. So people can pick and choose whatever they see. Whatever they want to believe. And i could certainly see how there would be some pessimism. Especially given the way the news covers the president. When Charles Manson died recently, there were two publications that tied him to President Trump in some tortured way. When you get that kind of coverage and youve got an economy that you can pick and choose whatever you want, the good parts and the bad parts, people are going to come down on different sides. You just cant make them much. David lit are, carvilles words from 92 now passe, electly speaking when we get to 2020 will it no longer be the economy, stupid. Because people will view the events through their own partisan lens. We cant even agree when things are going well versus when theyre not going well . I think the economy will continue to be important and i think when we say the economy, i dont mean asking americans hows the economy doing. That is a big question. Its hard to wrap our heads around something that is as large as the american economy. But if you ask americans, are your personal finances looking up or looking down, that will matter. But other stuff will matter, too. I think, right now if you look at what President Trump is doing, whether for example the other day when he suggested americans should vote for child molester because he would like to cut taxes for corporations and his own family, americans are going to think about those things as well. Thats going to matter, too. The economy will be part of it, but not the only part. React to my question, scott, as to whether carvilles words are passe . I think theyre still valid. But theres a timing issue. So the first year everybody gets to say it was the last president. But by the fourth year it gets harder and harder to say that. So if things are still popping at the end, i think youll see the president s approval go up a little. But there really is a cap in his case. Because people are also voting about personality and you know, other topics as well. So the economy probably isnt as dominant as it was. So if theres not a war, people are going to be looking at personality and thats going to be probably the biggest variable of approval. Scott, david, thank you so much, hope had you a great holiday. You, too, thanks for having me. What are your thoughts . Tweet me at smerkonish or go to my facebook page, ill read some responses throughout the course of the program. What you got, katherine . Smerkonish, sad how democrats look right past trumps accomplishments with the economy, only to find fault at something trivial. Brandon, i hear you, but are you consistent . Were you likewise for the last eight years, meaning before President Trump came in, willing to give all im looking for is consistency. Were you willing to give a similar level of credit to president obama as he presided over our coming out of the morass of 2008 . Thats the question. One more if we have time. Smerkonish, the disconnect comes when his actions dont match his words. That and nobody likes him, even some who voted for him. Znurse says that, its true that the election of last year was much in peoples minds the lesser of two evils and thats how they cast ballots. Im just frustrated at the observation that no longer can we even agree when were living in decent Economic Times and we can debate how much credit he or she at the top deserves for it, thats a bygone era. Up next, amid a cascade of prominent men being accused of Sexual Assault and misconduct. I found one expose of a reporter thats troubling. And the emblematic case of philadelphia Rapper Meek Mill who has been on probation for a decade. avo when you have type 2 diabetes, you manage your a1c, but you also have a higher risk of heart attack or stroke. Noninsulin victoza® lowers a1c, and now reduces cardiovascular risk. 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But consider this meek was around 19 when he was convicted on charges relating to drug and gun possession. And he served an eightmonth sentence. Now hes 30. So hes been on probation for basically his entire adult life. For about a decade hes been stalked by a system that considers the slightest infraction a justification for locking him back inside. The judge in this case, who i should point out is herself africanamerican, had been giving him chances throughout the years. Decided she had had enough. Hell do the time and then be done. But a lot of his supporters feel hes emblematic of the situation of young black men in america. Heres a quick summary of had is arrest record in 2008 at the age of 18 he was caught carrying a gun and drugs while shopping at a local grocery store. He spent eight months in prison and was placed on probation for five years. In 2014 mill served six months in jail for traveling to perform without permission from the judge. After a similar trip in 2016, he was sentenced to 90 days of house arrest. Those most recent probation violations both from earlier this year, they include a minor scuffle, at a st. Louis airport with a fan who wanted a picture. And riding a dirt bike on an empty street in harlem during a music video shoot. Neither the d. A. Nor his probation officer thought the incidents were prisonworthy. Has he been treated fairly by the judge . As of 2015, africanamericans comprised onethird of the 4. 65 million americans on some form of parole or probation and blacks are more likely to be sent back to prison for probation violations. Joining me now, philadelphia attorney brian lentz and from l. A. Civil rights attorney arriva martin. Brian, is he the right guy, around whom we should be building a National Conversation about mass incarceration . Well i think the answer is absolutely not. The, the mass incarceration conversation is really a conversation about reforming the laws that result in folks going to jail and to reform the laws you need legislation and in order to get those laws passed, you need to expand the constituency of people that are interested in it. You know, for instance, life without parole in pennsylvania, doesnt have a big constituency. But its an issue that should be addressed. There are people serving life in p. A. , that shouldnt in jail any more. If you highlight a case like this, where you start with this seriousness of the initial offense he was initially accused of pointing a loaded firearm at a Police Officer. While exiting a house that was about to be raided for drug dealing. He went to trial, the judge acquitted him of the most serious offense. But did find him guilty of drug dealing and possessing illegal firearm. She gave him immediate house arrest following the conviction. So he wasnt held in custody pending his sentence, at sentencing the d. A. Asked for five years in prison. She didnt give him five years in prison, she gave him probation if you look at the public docket which is available online, it doesnt read like a probation history. It reads like a concert tour history. The judge signed multiple orders, granting him while on probation, permission to go to places like athens, greece, dubai, Paradise Island, bahamas. Turks and caicos. These are actual probation orders in the probation history that were signed by the judge allowing him to pursue his career. If you go back to the seriousness of the initial offense he could have very easily spent the last ten years incarcerated. But he didnt so when you point to this as a reason for reform, those people that arent with you yet are going to look at those facts and say im not for reform. Because this is a person who was convicted of a serious offense and given every opportunity to succeed. Arriva, it sounds like the docket, according to bryan, reflects that he was given any number of breaks by this judge. Yeah, michael, lets talk about consistency. Just in your earlier block, you said all youre looking for is consistency. Thats what were looking for, those of us like jayz speaking out on meek mill and this case. I am in california as you know. And i live through the Lindsay Lohan era. So talk about five to seven to ten years of an entertainer who is before the criminal Justice System, time and time again. Whose probation is revoked on multiple occasions, who is allowed to travel for her career. Who violates her probation. To travel for her career. And who spent on one occasion, a whopping 84 minutes in jail and then on another occasion, three months she was sentenced or of which he she served two weeks. And repeated community service, was given to her as her punishment. And she was ordered to go to rehab. We know in the case of meek mill that three violations here, one has to do with drugs being in his system. Opioids. The second has to do with this miner altercation in st. Louis which you mentioned and the third is popping a wheelie. Eight people involved, hes the only one charged this case to me is the perfect case to use to talk about the need for reform in the criminal Justice System. Because its another example of an africanamerican male who is getting a disproportionate sentence that wouldnt be the case in someone like Lindsay Lohan or someone whose not an africanamerican male. And i think every time these cases happen, it gives us an opportunity to have this conversation again and again and again. Bryan, to arevas point, it sounds like hes been under the tentacles of the law for at least a decade for whatever that incident was. When he was 18 or 19 to some they say its just too long. Well i think what the incident was is important to emphasize. I dont know what Lindsay Lohan was accused of. This young man was accused of pointing a loaded firearm at a Police Officer who that was about to raid a drug house, thats about as serious as offense as you can get. Without, without pulling the trigger or being involved in you know a homicide or an assault with a firearm. So he was given an extreme break at the beginning. He was allowed to leave the jail and go on house arrest. Pending sentence. He was not given the mandatory minimum of five years, he essentially got a nonprison centers for what most people would consider a very serious offense involving guns and drugs, he wasnt stalked by the system. You cant say a guy that was allowed to go to dubai and Paradise Island in the bahamas while on probation was stalked by the system. It isnt correct to say that getting arrested multiple times while on probation is a minor infraction. You know, asking people that are on probation not to get arrested again is not really an extreme or repressive requirement there has to be some consequence force folks that are on probation that break the law. Areva, respond to that. I want to say one other issue. If i may put it in the mix. I wonder, i want you to respond to what bryan just said. I wonder if the outside influence helps or hurts meek mill in philadelphia. I wonder if the judiciary will bristle at the likes of jayz all of a sudden telling the judges how they should handle this case. Areva, go ahead. The floor is yours. Two things it sounds like bryans argument is the o. J. Simpson argument. Because he wasnt found guilty for the murder in california, lets be harsher on him in the petty theft that happened in nevada. Likewise, with meek mill, because he wasnt given some extraordinary sentence ten years ago. Lets be hasher on him now. The record is clear that over the last ten years, he hasnt been involved in any kind of Violent Crime. He hasnt been convicted of a Violent Crime there hasnt been any gun charges. And the only drug charge has to do with his own use of drugs which Lindsay Lohan in her case was given rehab. So i think we have to talk about consistency in these cases when we look at africanamerican men and how the criminal Justice System treats them versus nonafricanamericans. As for violating your probation, im for law and order as well. Im for people following the law. When they have minor infractions or this altercation over a picture. Jail time, two to four years is not what is the answer. Its an expense to taxpayers and this is a young man who has proven himself worthy of and capable of rehabilitation. Thats what the Justice System should be focused on is rehabilitation. As for the influence, michael, it may be negative it may not be helping his case. But it is helping in my opinion, the broader conversation about criminal Justice Reform and how africanamerican men are treated in the criminal Justice System. Bryan, 20 seconds, respond to the latter issue. Does it help or hurt when jayz is involved . It hurts. Because it, it shows a fundamental misunderstanding of the probation system as it is applied in the city of philadelphia. When you go to the table to say lets reform life without parole and your last case was meek mill, you have no credibility and it hurts those guys that are in prison now. Doing life that need help. But cant get it because now the conversation is poisoned by having this individual as a poster child. Areva, bryan, thank you. Let me say what everybody else is saying via triter and facebook. Smerkonish, why should meek mill be special and not expected to follow the restrictions regarding his probation. I dont get it. I dont know that anybody is saying he should be treated special. I think the argument is that hes representative of a fundamentally flawed system. Thats what i just heard from areva martin. One more if i might. Meek mill is the perfect face, smerkonish. The amount of influence he carries will transition to millennials showing them that the mistakes he has done, the mistakes he has done can be a lesson for long term. I think we have a mass incarceration issue in this country. I think that the privatization of our incarceration system, our prison system, is problematic. Because when you build them, its like what do they say, if you build it, will they come . We built them now were going to fill them. Im questioning whether this is the right case around which to build that conversation. Still to come, President Trump may lack for ledgislative achievement. Hes making up for it in the pace in which hes repop lating the federal bench. Will this turn out to be the longestLasting Legacy . The New York Times has suspended one of its White House Reporters while investigating his alleged sexual impropriety. Has the pendulum now swung too far . In the field of Sexual Harassment . If you wear a denture, you not only want a clean feeling every day, you want your denture to be stain free. Did you know theres a specialty cleanser thats gentle enough for everyday use and cleans better than regular toothpaste . Try polident cleanser. It has a four in one cleaning system that kills ten times more odor causing bacteria than regular toothpaste, deep cleans where brushing may miss, helps remove tough stains, and maintains the original color of your dentures when used daily. For a cleaner, fresher, brighter denture, use polident every day. Amandas moms appointment hello mom. Just got rescheduled for today. Amanda needs right at home. Our customized care plans provide as much or as little help as her mom requires. Whether its a ride to the doctor or help around the house. Oh, of course tom, i am really sorry. Ive gotta go. Look, call right at home. Get the right care. Right at home. We thats why at xfinityic. Weve been working hard to simplify your experiences with us. Now with instant text and email updates youll always be up to date. You can easily add premium channels so you dont miss your favorite show. And with just a single word, find all the answers youre looking for. Because getting what you need should be simple, fast, and easy. Download the xfinity my account app or go online today. Last week i spoke here grateful that society is finally getting to the point of recognizing that women have the civil right to be left alone. Since then, still more bad deeds have been exposed and led to consequences. The most prominent being the downfall of talk show host charlie rose, as the press continues to uncover stories of disturbing inappropriate and actionable male behavior, i worry that the pendulum may be swinging too far. The story that gave me pause involved New York Times White House Reporter and msnbc contributor glenn thrush who was suspended by the times after vox. Com ran a story. The vox headline i think is telling about the thin nature of the story. It reads exclusive, New York Times White House Correspondent glenn thrushs history of bad judgment around young women journalists. Have we reached a point where bad judgment is worthy of a professional death sentence . If you dont recognize thrushs by line. You might recognize him as one of those dpiktd on saturday night live who is being berated by Melissa Mccarthy in the spiyy sketches. Glenn thrush New York Times, boo, go ahead. Just by a show of hands, who hates glenn . Everybody, one, two, three, infinity . Last june thrush attended a Going Away Party for a politico colleague and spent time with a 23yearold reporter he suggested they go for a walk outside. After they left the party she said mr. Thrush killed her and tried to hold her hand. Vox ran a long Text Exchange from the womans friend who was checking up on her. And criticizing thrush for his behavior. Thrushs responses to the friend are apologetic and responsive. One excerpt, it was a terrible night and i feel like a jerk. I feel strongly about not creating a toxic environment. To the woman herself, thrush had texted the following morning nice meeting you. And apologies . And she responded congenially, it was nice meeting you, too, and no worries, ha ha. In response to his suspension, mr. Thrush released a statement addressing the most recent episode as a lifechanging event. He said the women, the woman involved was upset by my actions and for that i am deeply sorry. Over the past several years ive responded to a succession of personal and Health Crises by drinking heavily. During that period i have done things that im ashamed of. Actions that have brought great hurt to my family and friends, i have not taken a drink since june 15, 2017, have resumed counseling and will soon begin outpatient treatment for alcoholism. The times is understandably on high alert for any such charges about its employees. Because its been on the vanguard of the exposes of powerful men, including Harvey Weinstein and louis ck. They dont want to risk contribute on the issue. I dont know what happened here. I have only voxs story to go on. It sounds like he was boarish and hammered and she herself texted a friend that she was drunk. So does the conduct of a married man holding the hand of and trying to make a move on a younger woman warrant him losing his job . Thrush acknowledges an imbalanced power dynamic. But this case doesnt seem the equivalent of the many others where men were forceful with women, some of whom work in a subordinate capacity. Lets check in on your twitter and Facebook Comments. What do we have, katherine . Smerkonish, line is blurried by laws of attraction. Women welcome the same boarish behavior when they are interested, hashtag confusingforguys. You know whats interesting, i read the tweet without looking at your name and was assuming as i read it that the gender was male. But the gender was actually female. Im saying we want to be careful that the pendulum look, bad behavior needs to be punished. And those who preyed on women within the workplace inappropriately need to be fired. I want to make sure that the pendulum doesnt swing so far that the Due Process Rights of men are ignored. That was my point. The Trump Administration is my focus next. May not have many big legislative victories. But the president is having an enormous impact on everyday life that many dont realize. Paying less for my medicare . Im open to that. Lower premiums . Extra benefits . Its open enrollment. Time to open the laptop. And compare Medicare Health plans. Why . Because plans change, so can your health needs. So, be openminded. Look at everythinglike Prescription Drug plans. And Medicare Advantage plans from private insurers. Use the tools at medicare. Gov. Or call 1800medicare. Open to Something Better . Start today. Your kids go to college and you start trading. Yeah, 5 years already. 5 years, hmm. You ever call your broker for help . Once, when volatility spiked. And . By the time they got me an answer, it was too late. Td ameritrades elite service team can handle your toughest questions right away with volatility, its all about your risk distribution. Good to know. Thanks, mike. We got your back kate. Does he do that all the time . Oh yeah, sometimes he pops out of the couch. Help from real traders. Only with td ameritrade. Im all about my bed. This mattress is dangerously comfortable. When i get in, i literally say ahh. America loves the leesa mattress. We have more five star customer reviews than any other mattress of its kind. 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At the same point in his presidency, president obama had just three judicial nominees confirmed, including Justice Sonia sotomayor. Senate republicans are trying to race these nominees through the confirmation process, including several that have been rated unqualified by the american bar association. Ron chain, the former chief of staff to former Vice President s joe biden and al gore writes in the Washington Post that quote by some time next year, one in eight cases filed in federal court will be heard by a judge picked by President Trump. Many of these judges will likely still be serving in 2050. Joining me to discuss, jeffrey rosen, the president and ceo of the National Constitution center. Hes a professor at George Washington law school and a contributing editor at the atlantic. Is this his Lasting Legacy . Yes, the appointment of judges will be President Trumps most important legacy. In addition to the Supreme Court justices he could appoint. President trump has made federal judges far more of a priority than president obama and by nominating 60 judges at a time in his presidency when president obama had nominated only 20. This is an aging bench. Simply were going to see more seats come open and by appointing conservative and able and determined judges, President Trump will transform the shape of the judiciary for decades to come. Why does it matter . It matters because on issues from Network Neutrality which were seeing in the news, the Trump Administration is trying to repeal which requires comcast to treat hulu and netflix equally. To affirmative action, to voting rights, to abortion, to contraception to all the issues at the center of american life. Most of the issues are decided not in the Supreme Court, but in lower courts. The Supreme Court decides only 80 cases a year. Lower courts decide up to 60,000. And on all of these issues were going to see a dramatic difference between trump and democratically appointed judges, Appellate Courts will flip from democrat toik republican and as a result americans lives will be transformed across a whole range of issues. How would you assess the quality of the nominees whose names hes put forth . Broadly, they have been strong, able, determined, intellectual conservatives. Many clerked for former justice antonin scalia. Some are respected by liberals as well as conservatives. Like my friend the university of pennsylvania scholar who has been confirmed to the third circuit. Some have been rated as unqualified by the american bar association. Either for making inflammatory comments, about roe v. Wade being wrong. Although i would say theyre able, smart, extremely conservative and chosen for being young, conservative and the administration thinks they will transform the law. You say young and conservative. Has he outsourced this process to the Federalist Society . The white house counsel, don mccann spoke to the Federalist Society recently and said i dont know about outsourcing, ive been a member of the Federalist Society ever since ive been in law school. This is insourcing. Conservatives to their credit care a lot about the federal courts and through the Federalist Society. The left has the samers, the american constitutional society, theyve identified a strong bench of strong, able conservatives and its so interesting that President Trump has published a Supreme Court list, its true that hes consulting with the Federalist Society. Its more a sign of the intellectual coherence of the republican commitment to transforming the court rather than any nefarious scheme. Okay. So youve made the argument that as things stand, President Trump will have an enormous impact on the composition of the federal bench. You know that theres talk out there of increasing the size of the federal judiciary. Do you see that as a realistic prospect . Its a fascinating suggestion. Viewers should check out steven calabreses article, a founder of the Federalist Society. Hes proposed increasing the size of the bench from 30 to 50 , adding new judges on the grounds that the judiciary is overworked. Democrats say its not overworked at all. The chief justices say hes got plenty of time. But one draft of the tax bill includes a proposal to increase the number of judges. So it doesnt seem completely impossible. It would be hotly contested. It might be challenged, as being outside the ordinary procedures. But the fact that its on the table, suggests that we could see a drama, you know not since the courtpacking plan during the new deal have we seen such an ambitious proposal to dramatically increase the size of the federal bench. And if republicans can get it through while they still hold congress, they may well try. And if they were to get it through, then you know who would fill those slots. President trump. Its really impossible to understate. Its so important that youre doing this segment. Because simply by filling the existing vacancies and the ones that are to come, President Trump will transform the judiciary and cement his legacy. But if the judiciary were to be increased by 30 to 50 and President Trump were to fill all of those seats . American law, the meaning of the constitution would be transformed in a way that we havent seen probably since the shift in the 1930s from the old court to the new. It is a huge, significant proposal and its important for americans to pay close attention to these lower court nominees. Jeffrey rosen, thank you so much for that analysis. Thank you, so much for having me. Still to come, your best and worst tweets and Facebook Comments like this one. Smerkonish, regardless who appoints them, a judges duty is to interpret the law impartially. Those who dont should be removed, period. Julio, you make it sound so simple. As if everything in that constitution is black and white. Take it from this attorney, thats just not the case. Back in a sec. vo take home something in a helzberg diamonds box for 999 or more, and you also take home an xbox one s, with a terrific bundle now, thats thinking outside the box at helzberg diamonds. While supplies last. Thanks for watching. Heres some of whats come in during the course of the program. Got news for you, michael. People vote with their pockets. Poms do not mean anything if the economy is booming in three years, trump wins reelection and you know it. Richard, no. I think theres now a disconnect in this country. Car vel was right in 92 when he said its the economy, stupid, but we cant even agree. We are so polarized, we cant even agree on the metrics and it becomes a subjective decision as to whether the economy doing well. Im all for consistency. Obama deserves credit for bringing us out of that ma rasz of 2008 and if the economy does well on President Trumps watch, ill say the same thing about hill. Hit me with another one. Glenn thrush should have his s suspension reversed. Stop dating people you work with. Mary ann, i think you probably find that most marriages today predicated premised on someone you met in the workplace or that you were going to school with. Give me another one if you would. Smerconish, where was due process when these women were sexually assaulted . I didnt talk about Harvey Weinstein, did i . That was not the focus of my remarks. I wasnt saying oh, poor harvey. Im just trying to ensure that the pendulum doesnt swing so far because of the worst conduct of men. That some that was in poor taste doesnt become a professional death sentence. That was my point about glenn thrush and all i know about that story is what i read at vox, but the headline itself told me the story was a little bit thin. One more if weve got time. In the black Community Need to hold ourselves accountable for our actions that can lead to incarceration. A problem b of causing black, i just dont know, mr. Oreilly, whether he should be the poster case for a very important conversation about mass incourse rati incarceration. See you next week. Right now when you get an unlimited family plan, netflix is included. Ho ho ho tmobile covers your netflix subscription. Best Christmas Gift ever . So you can binge watch all year long. Now youre thinking christmas and now when you buy any of this seasons hot new Samsung Galaxy phones, you get a second one free to gift. Thats one samsung for you. And one to give. Tmobile. Holiday twogether. Paim open to that. Medicare . Lower premiums . Extra benefits . Its open enrollment. Time to open the laptop. And compare Medicare Health plans. Why . Because plans change, so can your health needs. So, be openminded. Look at everythinglike Prescription Drug plans. And Medicare Advantage plans from private insurers. Use the tools at medicare. Gov. Or call 1800medicare. Open to Something Better . Start today. I am totally blind. And non24 can make me show up too early. Or too late. Or make me feel like im not really there. Talk to your doctor, and call 8442342424. [and her new business i do, to jeanetgo. Jeanette was excellent at marrying people. But had trouble getting paid. Not a good time, jeanette. Even worse. Now im uncomfortable. But heres the good news, jeanette got quickbooks. Send that invoice, jeanette. Looks like they viewed it. And, tada paid twice as fast. Oh, shes an efficient officiant. Way to grow, jeanette. Get paid twice as fast. Save up to 70 off for 6 months at quickbooksdotcom. Tonight on the axe files. A special conversation with nba coach, steve kerr on President Trump and his fights with professional athletes. How leaders in sports can inspire change. Everybody has a voice ch just so happens if youre famous, more people are going to follow you. And michael jordan. What kerr remembers about play wg a living legend. It was not e easy being his teammate. He challenged you. You had to stand up to him and prove your worth. Welcome to the axe