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vice president bite me, thanks to his opposition to the war in afghanistan. given how well anointed one takes criticism let's say the not taking this lightly. robert gibbs declined to say whether mcchrystal would keep his job. >> the president will speak with general mcchrystal about his comments and we'll have more to say after that meeting. >> is mcchrystal's job safe? >> we'll have more to say after that meeting. >> sean: general mcchrystal meeting to apologize for his remarks and those of his aides saying it was a mistake reflecting poor judgment and should never have happened i have respect and admiration for the president and his national security team and for the civilian leaders and troops fighting this war. the country remains at war. will the president set his ego aside, accept the general's apology and let him head back on to the battlefield. joining me lt. colonel oliver north. jim nicholson. welcome. >> good evening. >> sean: your reaction? >> there's no way that this barack obama who has been accused, rightly so of being indecisive, ambivalent, unable to make up his mind, detached from the economy to the war, to the gulf oil spill, there's no way he can pass up this opportunity to look decisive and fire general mcchrystal. >> sean: i would argue it is probably unwise, probably what he said was wrong. i think probably, ollie if any big mistake was made it was that he allowed this magazine around him for weeks on end apparently. >> apparently so. by the way, most of what his staff and he say about the "o" team i would agree with. the problem is one of judgment. allowing somebody from rolling stone to hang around as it were, with the internal workings of the staff and with the general, defies any kind of understanding. it is either arrogance or ignorance or they thought they could win him over by being tough guys. i believe it is going to cost the general his job. >> sean: i think you are right. ambassador you agree? >> no, i'm not sure it will. i think might be more courageous for obama to keep him, because the war is so important. he never said anything insubordinate or disrespectful to obama or to the policies of obama. he is the leading counter insurgency lead that we have in our arsenal in america today that's a classic intense counter insurgency. he used very bad jump. it probably rises to the level of either tender his resignation or obama maybe justified in firing him. you know, barack obama some say couldn't have gotten a commission, couldn't have gotten a security clearance but he did >> greta: elected commander in chief and we have to respect that what he says goes. >> sean: and i think it was probably unwise. but i also think there's texture and context to this. i'm not making excuses for the general, but in is the same general that we risk failure ollie, if he didn't get the troop strength that he needed. obama dithered, waited months and did not grant his request. >> exactly. that's part of the problem. >> sean: then there's been this ongoing public relations battle between mcchrystal, the pentagon and the administration. as evidenced by jonathan alter's book. the question is this frustration by a former obama supporter? >> , i think he's very obviously frustrated. it says in the article, he voted for obama the problem is, the secretary just pointed out, this man has exercised very, very poor judgment. his staff, quite frankly, whether it was at the pentagon or central command or right there in the staff that approved this embed and i know what it is like getting an embedded press 27 times i had to file the paperwork, layout what you are going to do. somebody in between the pentagon and right out there in kabul needs to know they really screwed up. somebody had it in for the general. they let this whole thing happen. very, very -- not quite to the let of article 88 that says commissioned officers can be court-martialed for being disrespectful. i don't that i is going to happen. but i can't see how possibly general mcchrystal survives this. >> sean: i don't think so either. ambassador this is the second public dispute he's had with general mcchrystal. the idea that he's summoned to the white house. the idea that gibbs said today fire something not off the table. he wouldn't give him a vote of confidence. tells me this general is probably in trouble and may want to bow out himself, no? >> well, you know that's possible. i think it is really his third strike, but if if you read the article carefully, which i have done. it is not about his ego. he's not disrespectful at all of the president and the president's policies. the guy has been in this battle for about nine years. they said in nine years he's seen his wife a total of thirty days in every one of those years. that staff around him are a bunch of warriors as well. these are real warriors. these guys are committed to what we are trying do over there. but they are tired, weary, they get frustrated. and they use bad judgment, there's no question about that i'm not sure that people around obama will recommend that he fire him. obama -- indecisive we'll see. >> i hope he doesn't fire him. >> i hope he doesn't too. i agree with you about the competence and character of this general. i've seen him on the battlefield i understand what he's trying to do and i think it is indeed possible gets it done. the problem is obama has to look like he's decisive for a change. this is his golden opportunity. so he's going to make a political equation here. he's going to fire the guy. >> sean: he's not going to be tough with north korea or iran. he's going to be tough with the general. here's a question, this administration has had a very hard time ollie even acknowledging a war on terror exists. this general made very specific recommendations about the troop strength needed or we risk failure. the president didn't go along with his recommendations. what should a general do? >> and edith erred forever making the decision. -- and he dithered forever making the decision. >> he did go an l >> the general has two choices convince the commander in chief to change what the policies are or he can resign. in this case what general mcchrystal's staff has allowed to appear and what the general did -- i agree bay the way, jim he's not over-the-top. there's very little in the column attributable directly to general mcchrystal not withstanding the claim there's lengthy interviews. but general mcchrystal, the folks around him allowed this to happen that carries something. because they are speaking for their general. and their general if that's the case is not at all respectful for in president. >> sean: guys we got to run. it is going to be pass nating to watch. my prediction, i'll with ollie, jim, if you win steak for. the sad part is, we've got troops that need a leadership. he's been fighting for the proper support they need. on the serious side of this, in all honesty, the president should have given the troops that he requested in the beginning. appreciate you being with us. >> we have plenty more hannity coming up, straight ahead. >> this is beyond comprehension we wouldn't use all the resources we can. >> sean: gop senator reveals why president obama is preventing oil skimmers from reaching the gulf. >> it will be a major challenge. >> sean: the first member of team obama announces his departure. the blago trial reveals shocking details about rahm rahmbo dead fish's corrupt trade with the former governor. hannity continues, straight ahead. was more than happy to make a cup of delicious starbucks via. she got to the office just in time to save best friend forever from the office coffee. best friend forever bravely shared starbucks via with don't talk to me until my second cup before he even had his first. he shared it with i hateondays who had three cups because it was, after all, monday. premium starbucks via ready brew. now available wherever you buy groceries. ♪ >> sean: looks like rahm emanuel will not be the first to take his exit. peter orszag will vacate his post in the next few weeks. >> peter has served along side a valuable and within a valuable economic team. it is an enormous task. >> sean: passing the stimulus and obamacare. hey peter, we're broke. thanks an lot. -- thanks an lot. the secret's in the sauce, made with campbell's french onion soup. for these delicious ribs and dozens more sizzling summer recipes, visit campbellskitchen.com. ♪ [ male announcer ] try fixodent with a time-released formula. use just once per day for dawn-to-dark hold. it is important to use the product as directed. fixodent and forget it. >> sean: a federal court earlier today blocked the obama administration's attempt time pose a six month ban on offshore drilling. this marks major victory for drilling pro knowns on a major defeat of the white house vowing to appeal this ruling. >> we will immediately appeal to the fifth circuit. the president strongly believes, as the department of interior and department of justice argued yesterday, that continuing to drill at these depths, without knowing what happened is -- does not make any sense. >> sean: we've heard from the president that he will not rest until the oil in the gulf is cleaned up. according to florida senator george lemieux president obama is presenting oil skimmers from reaching the gulf of mexico. >> i've talked to the president he doesn't seem note situation about foreign skimmers, domestic skimmers. he said some of these skimmers we can't take from other places in the country because they may need them for an oil spill. that's like saying i can't send a fire truck to your house because another house may burn down. >> sean: joining me host of his own show varney and company stuart varney. early toer white house press secretary dana perino. interesting comment. >> yeah. shocking if it is true you can hardly imagine what oil skimmers would need to be doing around the rest of the country they could get there. >> sean: we didn't accept from the dutch, a company in texas has them. >> that makes the floridians mad that was not a smart political thing either. >> who is in the driver's seat? it is held by the environmentalists. let's not forget the unions. that's why you don't have foreign ships in because of the jones act. environmentalists are keeping out the berms, i think the environmentalists have a hidden agenda. they want to make this spill the same as three mile island for the nuclear industry they want to kill often oil business that's why president obama will appeal in ending on the moratorium on drilling. >> sean: i found a quote from president obama in september of 2007 when he's running, why would an oil company invest in research for alternative fuels that could save our environment when they could get billions in subsidies to keep on drilling for oil and gas? he has been -- look, he has been against oil and exploration and coal mining from the beginning. >> i think all of us -- you said it before, we need an all of the above energy strategy the difference between three mile island and this oil spill in my opinion is we had an alternative to produce electricity that's one of the reasons that environmentalists think they've pushed the coal industry to grow so much over the past couple of decades. now they are trying to build nuclear power plants as well. >> sean: it is pretty obvious now that more than anybody knew before, the environmental movement controls the democratic party. that's why we were so far offshore. that's why we don't drill in an -- anwr. we can't use dispersements. >> the environmental movement wants the price of gas at the pump to go up. how do you you do that? restrict the supply of oil coming on to the market by stopping this moratorium on drilling. you place new taxes on oil and gas so you would get the price up so we would use less. that is the agenda of the environmental movement. >> sean: also agenda of the president. he wants gas prices to go up gradually. >> again he finds himself in a contradict . he also wants to promote jobs. what he has just done with the moratorium is cut off many workers from having their livelihoods. in addition which is surprising that the white house didn't take even an hour to review the ruling out of -- and say they are going to appeal. in the previous administration you had to wait for the solicitor general to at least review the ruling before you made such a decision. to me that would have been a great backdoor for the administration to get out of the corner they've painted themselves into on the oil spill. >> he doesn't really like dynamic industry. he doesn't like vigorous dynamic market oriented capitalism. >> i don't know that is true. >> he will demonize the banks, demonize oil companies -- >> in a way they deserve it after what has happened. but it has gone a step too far. >> should that be the approach of the president of the united states of america where we have a nasty recession and government action has not created the jobs it was supposed to? >> i agree. but i think we can agree that the financial services industry got too far ahead of themselves. helped facilitate the recession we are in now. i do think there's been an overreaction. >> wait a minute, come on. >> sean: housing burp -- >> i was there, i know. >> politicians had as much to you do with the panic of '08. >> they are paying at the ballot box. >> i don't think so. >> some of these guys will always have their seats. look at some of the races that have already turned over. >> sean: what is the net result overall cumulatively about the economy, it hasn't turned around, jobs haven't turned around, promises haven't been kept. now we have the oil spill, as you pointed out florida, panama city about to hit, west coast of florida, miami beach may hit, opinions cola hit, gulf shores has been hit. -- pensacola hit, gulf shores has been hit. >> i don't think this president will move towards the center. he will not do a bill clinton. he won't move towards the center. i believe the man is an rigid i'd log. -- ideologue. >> sean: do you disagree? >> i don't. >> sean: i like it better when you two are fighting. in is a first. >> he has shown some willingness to be pragmatic. >> sean: where? >> four weeks before the oil spill he was willing to do more offshore oil drilling. >> sean: he was willing to look. >> that was a big step for him. >> do you think his heart was in it? >> is it in anything? >> sean: yes taking over the banks. >> spend our money run it debt, tax us more and make government the object of our lives. >> sean: i'm enjoying putting the heat on dana but you are a you had to deal with the white house press corp. >> i did. >> sean: one day there's a secret that dana may tell on how you dealt with the -- >> no. >> sean: yes! >> no, i won't. >> sean: guys thanks. plenty more hannity straight ahead. >> what i can tell you is what the president is interested in doing is moving forward with our next challenge. >> sean: blago trial unearth's the plan to make valerie jarrett a united states senator. >> every worker in america has a right to be safe whether documented or not. >> sean: secretary of labor goes to bat for illegal immigrants. >> i'm a serial killer, i've killed eight women. >> sean: meet at point tee who showed empathy for a convicted serial killer. hannity special investigation, straight ahead. ask me. even if you think your mattress is just fine... ask me what it's like to get your best night's sleep every night. why not talk to someone who's sleeping on the most highly recommended bed in america... it's not a sealy... or a simmons... or a serta... ask me about my tempur-pedic. ask me how fast i fall asleep. ask me about staying asleep. these are actual tempur-pedic owners! ask someone you know---check out twitter... try your friends on facebook. you'll hear it all...un-edited. ask me how it feels after 10 years. ask me if it's a good value. just ask me. there are 4 million tempur-pedic owners! and they're more satisfied than owners of any traditional mattress brand. ask me why i feel better every morning. ask me why someone who's never had an ache or a pain is in love with this bed. start asking real owners. ask me how we took the first step... take the first step right now! call or click today for your free information kit with dvd. call the number on your screen or visit tempurpedic.com. tempur-pedic. the most highly recommended bed in america. >> sean: tonight there is shocking new details from inside the trial of rod blagojevich. according to a private e-mail exchange from 2006 obama's chief of staff rahm emanuel tried to swap political favors with the former illinois governor in return for agreeing to write a public letter of support for the troubled governor. then illinois congressman emanuel asked blagojevich for help releasing a two million dollar grant for a school in his district. after the letter ran in the chicago trib and the funding had not begun rahm replied saying what the hell is holding up the school funding this is a real problem for me now? questionable behavior doesn't stop there. today john harris took the stand and testified two days before the 2008 presidential election rahm called him regarding the open senate seat and asked, whether it would be helpful if senator obama call the governor to advocate for this individual? harris says that individual was future presidential senior adviser valerie jarrett. what do these new revelations mean for obama's main man? were there any acts illegal or is he just over the line? joining me republican fundraiser noelle nikpour and tamara holder she was at the courthouse today to hear the drama firsthand. tamara, a lot to get to. first of all your initial reaction? >> well, i think that we're talking about two different issues. we are talking a 2006 e-mail exchange and the senate seat. with the 2006 e-mail exchange, rod blog bag was not doing what he was supposed to do. rahm said i will write a letter because you are upset about the tribune but release this money. with the senate seat issue going on around the election is a different thing. now we have obama's little pocket puppies that i'd like to call doing the work for him. we want valerie jarrett. they didn't say that what they said is a special friend that's what they wanted blagojevich to do is put in his friend. and not do anything in return for blagojevich. >> sean: let's go through one by one. i'll write a letter, lease the two million dollars. chicago way? any -- you are laughing, any legal issues? >> look, the only thing missing from the story is a tommy gun, a hat and a slick suit. we all know that rahm emanuel is nothing but a political gangster. now he's being a political liability. what he did the question is gonna be whether it was legal or not. whether -- that's a moot point. regardless of the fact, it looks bad. i look for him to step down as a result of this. one of your first clues is the fact that sarah feinberg one of his long term aides has gone on to find another job. one of the first things you do when you are going to step down is you start taking care of your people. he's going to become a liability to obama in 2012. >> sean: john harris on the stand today and they are playing these tapes. blago is talking how in exchange for appointing valerie jarrett to the senate that could get him a u.n. ambassadorship, secretary of health and human services. obama sent a union leader to meet with blago to discuss the appointment of valerie. emanuel made the call saying obama wanted a close friend appointed. seems the white house is being -- and the president is being brought in the middle of this. this by the way on the heels of what was happening within the romanoff case, the sestak case. seems the chick kheublg way was working well -- the chicago way was working with well before he into the white house. >> i couldn't agree with you and noelle more. what is interesting is obama did send two union officials over to blagojevich's office. he made -- he had rahm emanuel make a call and say a special friend. one of the union officials met blagojevich at the election night in grant park here in chicago. he was definitely putting in who he wanted. they also wanted to make it clear they did not want jesse jackson, jr. for whatever reason. >> sean: whoa. they don't want jesse jackson there's a report in the nbc affiliate in chicago that obama didn't want it getting out this is blagojevich saying, because he didn't want to be seen as pushing somebody who was black. is that true? >> well, you know i've heard that there are certain issues with that i don't know this is a race issue. amil jones is also a black person and there were issues about not appointing him. . so i don't know. but i do know that obama is in this. i knee rahm emanuel is in this. they need to come out and testify and clear the air. >> sean: noelle from a political standpoint do you think the president has any problems? >> this is one of his worst nightmares. i think all their hands are black on this i think it is really bad. >> this is why the judge needs to make him testify. the judge is the one how is in control and he needs to bring obama forward. >> sean: wow, that would be explosive. certainly rahmbo is going to testify before it is all said and done. no wonder why he's talking about retiring. thanks for being with us. >> let not your heart be troubled our great, great, great american panel, next. [ matt ashworth ] the things that make us americans are the things we make. this has always been a nation of builders, craftsmen. men and women for whom straight stitches and clean welds were matters of personal pride. they made the skyscrapers and the cotton gins. colt revolvers, jeep 4 x 4's these things make us who we are. as a people, we do well when we makeood things and not so well when we don't. the good new is, this can be put right. we just have to do it. and so we did. ♪ this, our newest son, was imagined, drawn, carved, stamped, hewn and forged here in america. it is well made and it is designed to work. this was once a country where people made things, beautiful things, and so it is again. the new jeep grand cherokee. ♪ >> sean: the city of orlando broke ground on a new project paid for by stimulus dollars and expected to bring several new jobs to state of florida a street being named after president obama parkway. the 3.3 mile stretch expected to relieve traffic. this road to recovery sounds like a dead end to me. isk for osteoporosis, and it's not always easy to get the calcium we need from our diet to help reduce that risk. fortunately, there's caltrate. as we get older, our bodies steal calcium from our bones. caltrate helps replenish the calcium we lose. with 1200 mg of calcium, plus advanced levels of vitamin d to help reduce your risk of osteoporosis. it's never too early or too late for caltrate. and now big news -- the same caltrate comes in a new, smaller, easy to swallow pill. that's why we're investing one million dollars every hour... to improve our technology and your safety. it's an investment that's helped toyota earn multiple top safety pick awards for 2010 by the insurance institute for highway safety. no other brand has won more. these top safety picks, and all our new safety innovations are available at toyota.com/safety. just to make phone calls. but when at&t or verizon offer you an unlimited plan for $69.99, that's all it's good for -- phone calls. with sprint, for the same price, you et unlimited text, unlimited web and unlimited calling to every mobile phone in america. now, that's more like it. [ male announcer ] $69.99 for unlimited text, web and calling to any mobile in america. only from sprint. deaf, hard-of-hearing and people with speech disabilities access www.sprintrelay.com. >> sean: tonight on our great american panel democratic pollster doug schoen is back. she is former chairwoman for the denver county republican's co-founder of who said you said.com mary smith is here. he's a fox news contributor, really shy, author of the book the promise father jonathan morris. you are not shy. you are the most outspoken -- do you get heat for the things you say on this program? >> absolutely, no less than you do. >> sean: the biggest controversy was defending me from the guy who wanted to ex-communicate me. you don't want to go there. i'm always looking for trouble. general mcchrystal, what is looking more and more like a public beat down of a general. he's summoned to the white house. we don't know if he's going to be fired. it doesn't look good for mcchrystal. peter orszag is leaving. rahm may be leaving. we don't dye dye we went over the blagojevich trial, the oil spill continues, economy is not recovering. 133 days from an election. >> this administration that any neutral observer has to call in free fall. without a plan, crisis to crisis, the afghanistan policy up for grabs. everybody is fighting with everybody else. there's no strategy on bp. the government is in a cut-and-run phase. i think as a democrat, i'm worried we are facing a massive bloodbath in the fall. >> sean: what is interesting, the untold story i think there's been in undercurrent this battle between the pentagon, general mcchrystal and the white house it has been a public relations war. >> they are taking this public relations war and making it a weekly trip to the wood shed. bp last week. mcchrystal this week. they are much more about >> sean: summoned. >> absolutely. >> sean: i want to be summoned. obama summon me >> i think you are not on the list quiet to be kicked out of school. we'll see what happens. mcchrystal is in big trouble. he went too far in this article for anybody's comfort. certainly not for his role in the military. >> sean: i think it was unwise, i said . but, i do think when a general says we risk failure the president waits four months, doesn't grant his request. i would be one pretty ticked off general. i would want to kick a little you know what myself. to quote obama. >> that's not the way the military works. >> there's certainly a tremendous amount of fear in our country now. all the things that you mention are things that aren't going well for the administration. i think in the end the untold story is that there's a lack of trust in our leadership. when there's no trust, that our leadership, not that they are perfect, but they telling us the real story and they are going after proper, good objectives, respect -- respecting the dignity of every person if there's no trust, if there's no trust, then there's always going to be fear. and i think that's what we are experiencing right now with the administration. >> if the -- it is the republicans and democrats. you wrote a book you talked about free market, strong national defense.t pat caddell and i wrote an article last week we said if the republicans do it they will only be stronger in the fall. >> sean: what my sources are telling me -- i've been saying this loudly they should put their ideas on paper, the things i was trying to articulate in that book, balance budget, eliminate earmarks, strong national defense, energy independence. they have to make a new contract with america. if they do that what happens? >> 45 to 50 seats in the house, 8 to 10 in the senate and the discredited administration that republicans only hope for. i'm a democrat. >> sean: you are being excoriated. do you agree with his analysis? >> i do. and i agree with you also. i had a conversation with a prominent senator who said basically the same thing during a fundraiser. he said if we are calling for these principles to be written down and for leadership on this, aren't you the one that really can further this idea? and he shuffled and said yes, here are the few things we need concentrate on. we are going to see huge pick-ups we are seeing it in the polling already. >> sean: do you vote conservative, republican, democrat, you are not gonna tell us? >> i don't tell anyone how to rote of what party. what i do say is -- how to vote in terms of what party. what i do say, all the moral principles the idea that a government should not be doing what a lower level of society could do for itself. >> sean: isn't it wrong to steal money from our kids? >> that's absolute irresponsibility. there's a possibility for real leadership in our country. it has been done in the past. it is not being done now. there is hope because we can choose principles over policy. >> sean: greta doug brought this back he was just at the world cup. it is slippery. >> greta: pretty too. colorful. don't let glenn beck see you with that i heard he doesn't like the world cup. . >> sean: we'll all sign it. >> greta: we have a great show. we have a joint interview with two senators from the state of arizona senator kyl and senator mccain plus carl cameron, jennifer griffin are here. we have a full show tonight. so toss that soccer ball in way >> sean: i used to play soccer in high school. as we take a break more of our great, great, great american panel. ,p7sas when you least expect it... a regular moment can become romantic. and when it does, men with erectile dysfunction can be more confident in their ability to be ready with cialis. with two clinically proven dosing options, you can choose the moment that's right for you and your partner. 36-hour cialis and cialis for daily use. cialis for daily use is a low-dose tablet you take every day, so you can be ready anytime the moment's right. >> tell your doctor about your medical condition and all medications and ask if you're healthy enough for sexual activity. >> don't take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. >> don't drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache, or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than 4 hours. >> if you have any sudden decrease or loss in hearing or vision, stop taking cialis and call your doctor right away. >> 36-hour cialis or cialis for daily use. ask your doctor if cialis is right for you. you can be ready for your moment with cialis. i'm darryl willis. i oversee bp's claims process on the gulf coast. bp has got to make things right and that's why we're here. we're replacing the lost income for fishermen, small businessmen and others who aren't able to work until the spill is cleaned up. we've agreed to create a $20 billion claims fund, administered independently. our claims line is open 24 hours a day. i volunteered for this assignment because this is my home. i'll be here in the gulf as long as it takes to make this right. ♪ [ bank associate ] welcome to the greater offshore bank and trust. 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[ bank associate ] your first boyfriend... just a yes or a no whether or not he broke your heart. ♪ ♪ >> sean: we continue with our great american panel. our labor secretary now takes a stand goes to bat for illegal immigrants saying they have a right to a living wage. >> you work hard and you have the right to be paid fairly. i'm u.s. secretary of labor hilda solicit a serious problem when workers -- hilda solis. it is a serious problem when workers are not being paid what they earn. he have has a right to be paid. >> this is like an invitation to illegals to come stay and if you just wait us out, somehow you will be taken care of. we were saying during the break you might get rounded up until you are rounded up you are going to be paid fairly. what kind of message does this send father? >> i agree it is not a message that should be sent. life to argue with you sean, you know that if i hire someone, if i decide whether i should or not, if i hire someone to do a job to clean this floor. if they are legal or not, does that mean that i can pay them say two cents to clean this floor? it is not the message we want our government to be sending it can be interpreted in so many different ways. , every person deserves to be paid for what they do. absolutely. >> sean: why is it so hard to argue with a father, it difficult. >> you love it, you know it. >> spoken like somebody who has taken a vow of poverty, in reality -- >> sean: take a vow of poverty? >> there are two types of priests, religious order priests, archdiocese of new york. >> sean: look, i understand the humanity of which you speak, i got it. i would never mistreat anybody. especially people that want to come to america, want opportunity, i get it, i understand i would probably do the same thing. with that said, to have our government say -- >> i agree inappropriate. >> sean: like telling kids don't have sex, if you do use birth control. isn't that the same thing? >> i think it is a mixed message and it should not be done by our government. >> sean: we are sending a mixed message to kids and -- >> i are right, mixed messages are not good. >> is it appropriate for somebody in our government to be talking in way about undocumented workers? >> sean: how about if you are in this country illegally why don't you obey the laws? >> it is worse than mixed message it is government spending money to buy air time to send a ridiculous message if somebody is treated unfairly they can call some sort of hotline expecting even though they in the country illegally or not that this secretary is going to do something about it that's not true. >> both administrations for a long time have given the mixed message of saying we are not going to penalize employers like with a felony, for hiring illegals. that's a big issue. >> sean: show everybody how you can spin this thing. >> oh my gosh. that was not planned. >> sean: thank you all for being with us. coming up obama judicial appointee displays empathy for a convicted serial killer. shocking hannity investigation into that background is coming up next, straight ahead. i had a heart problem. i was told to begin my aspirin regimen. i just didn'listen until i almost lost my life. my doctor's again ordered me to take aspirin. and i do. 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[ male announcer ] save money. trust your business processes to xerox. xerox. ready for real business. >> sean: the president has indicated he wants his judicial appointees to display empathy for those who come before him. one of his latest nominees to the federal bench did that for a notorious serial killer. >> i'm a serial killer, i kill eight women six in the state and two in new york. i'm on death row for four. >> sean: michael ross the most notorious serial killer in connecticut. between 1981 and 1984 he raped and murdered eight young women. >> serial killers like to strangle their victims there is more of a connection, more real and it is not as quick. >> sean: in 198 a connecticut jury sentenced him to -- in 1987 a connecticut jury sentenced him to judge. -- sentenced him to death. the judge stopped it. >> i've never seen a circumstance in which a judge went so far in a case where there is no doubt about the guilt to actually frustrate the lawful connecticut sentence of death. >> sean: the president nominated the judge to the second circuit court of appeals february 24th, praising his ability integrity and independence many his behavior in the case of serial killer michael ross reveals a man much different from the one praised by the president. >> apologize for using words that call into question my character as a judge in that case. and -- >> sean: after 20 years on death row and several failed appeals ross agreed to accept that sentence and forego further litigation the judge intervened and diagnosed ross with sexual sad disism. >> he should never had been convicted or if convicted he should have been sentenced to death because sexual sadish is clearly a mitigating factor. can you cite any authority in which sexual sadism has been defined as a mitigating factor? >> no. >> sean: oath calls on judges to administer faithfully and impartially. did the judge have an ax to grind? documents revealed he was involved in the ross case years before he presided over it as a judge. they even exchanged letters. >> you were involved in this case prior to it coming to you? >> technically, perhaps. >> was that made evident to the people -- >> for the simple reason i had forgotten my prior involvement. >> in a serial murder case with eight people? >> had i remembered i would have recused myself. sean he was not bent on preventing ross' excuse he picked up the phone and called ross' attorney. >> you told him that he was facilitating the execution of his client. these are quotations you said so i warn you mr. paulding between now and what happens sunday night you better be prepared to deal with me because i'll have your law license. >> i do regret that my words to mr. paulding were harsh. >> after that call the judge stayed ross' execution. the news reached the families of ross' victims two hours before the scheduled execution. the shelley's 14-year-old daughter murdered by ross were at the connecticut prison where the events were set to take place. >> when the attorney came in you could see he was devastated. he said, i don't know how to tell you folks, but it has been postponed. >> i just wanted it over with, one way or another. i didn't care which way it happened. just let it be over. >> sean: ross kid an napped and murdered leslie shelley and her best friend april in 1984. >> the day leslie went missing was easter sunday. she come in with her friend april and asked if she could go to the movies. i told her sure, but she to give me a kiss on the cheek before she left. i heard on the news two young girls had remains had been found. and my daughter looked at me is only nine and she said dad that's leslie and april. there was no doubt in my mind. i wanted him dead. it says an eye for an eye, a tooth for a tooth. a life for a life. >> sean: after 21 years spent seeking justice the stay of execution issued came as a blow. >> i was tired of spending my life in the courtroom. i was tired of it. i was tired of living it. waiting for the phone to ring, because there's another appeal coming up or this is happening. or seeing him in the paper. >> sean: days later the supreme court overturned judge shot any's ruling despite his best efforts the state executed michael ross. >> thank god. 24 years, we won't hear from him any more. we're not going to read his letters in the paper. we're not going to see him on facebook or walking with michael any more. in other words, he was out of our life. >> sean: the judge stands by his acts. the senate vote on his nomination is pending. >> the judge showed his true colors as a judge that day. >> sean: all of the democrats on the senate judiciary committee voted to advance the judge's nomination to the full senate. let's hope the rest of the body will deny him a promotion that is all the time we have left.

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