Trump has made a moderate selection from the judicial mainstream in the form of judge kavanaugh, think again, look at his record. Dana im joined by the anchor of special report bret baer. Were waiting for the republicans and democrats to come out of their policy luncheon, might give a flavor what was discussed. Well take that when it comes live. But i have youve been through a lot of these Supreme Court nominations and the confirmation battles. Do you see any difference with this one at the start of it . Chbltses two things. Good afternoon, dana. This is the swing vote to replace answers any kennedy. It takes on a different fevered pitch. Can you hear it in the sound bites from Democratic Senators like the Senate Minority leader Chuck Schumer. Also, two, this is a nominee with this president , the second, that he has made. And it is really a Court Changing potential nominee. Greg kavanaugh has a long list of rulings from his time as a d. C. Circuit court judge. A long history here. Theres one where insiders in the court would tell you it suggests this he could be a very powerful Supreme Court justice. Swaying people in making arguments. A lot of the arguments have been used by Supreme Court majority rules. Dana because this is the second time that this white house has gone through this, early on, in the first year of his first term to be able to put a justice on the bench, takes a lot of coordination. The rollout at this particular nominee, the second one, was even smoother than the first. The first one was pretty good. Who is it going to be. But what it came down to is the original list. The president stuck to the 25 names. And he did that through candidate trump and rolled that out. And a lot of people looking at it on both sides of the aisle, think it was ingenious. For people who are skeptical of donald trump the candidate they looked at that list and said, wow, donald trump the appointor of nominees to the Supreme Court is a pretty good choice. Dana in the New York Times there was an op ed by a liberal who said good appellate judges faithfully follow the Supreme Court. Great ones influence and steer it. Many of his opinions have found their way into Supreme Court opinions. And i want to mention this from Susan Collins, senator from maine who will be under lot of pressure from both sides to influence her vote. She said, i will conduct a careful, thorough vet having the president s nominee to the Supreme Court as i have done with the five previous Supreme Court justices i have considered. I look forward to judge kavanaughs public hearing before the committee and questioning him in a meeting in my office. She ended up voting for neil gorsuch to be on the Supreme Court. Do you see Brett Kavanaugh as any different from gorsuch . Not really. I actually think talking to people on the hill, that theres less threat now from Susan Collins and Lisa Murkowski than somebody like rand paul, who you dont know where hes going to come down. He has put out a statement saying of the same that he looks forward to the hearings and reviewing the record and talking to Brett Kavanaugh. Traditionally, senator paul has not been somebody who follows the party reine. Party line. Who knows. Dana tommy voter, formerly with obama, he said kavanaugh spent time in the bush white house, the emails are public record, democrats should demand they be posted online like elena kagans emails were. This is part of the attempt by schumer and the left to say look, we wont be aible to get this done quickly, we have so much paper to look through. It is interesting to think about the difference. Elena kay dpan was a policy advisor, in the Clinton White house as a lawyer, kagan. When Brett Kavanaugh is the staff secretary, had to put things through staffing, thats not where offer your opinion. You are trying to build consensus which he was good at. What do you think about the argument that the long paper trail will delay the nomination i dont think its going to hold water. I think there will be an effort to move it quickly. Senator mcconnell probably with the wheels of the majority leader can do that. Whether it can all happen as the white house hopes by september 1, dont know. There are a lot of just rulings that he has put out there, that the senate would like those senators on the judiciary commit would i like to go through. I think that you have senator cornyn saying he thinks three democrats are going to eventually vote for kavanaugh. Theres a lot of head counting. But one thing we know, senator mccain likely isnt going to come back and cast a vote. Obviously, everyone hopes he does. Likely he isnt going to. The calculation changes. As far as the numbers. Dana anything bee should know about your interview with Vice President pence that will air on special report. Hes up on capitol hill, we will be heading up there shortly. And we will be obviously talking about the rollout, and the left what theyve been saying about Brett Kavanaugh and other issues as well. Should be good. Dana i will tune n brett bare, thank you. Thanks, dana. Dana joined now by kerry severino, chief counsel and policy director at Judicial Crisis Network and former clerk to justice thomas. Elizabeth weidra, from the constitutional accountability center. Great to have out first day of the Supreme Court battle to come. Lets look at the ad that the Judicial Crisis Network is running about this battle, watch. After working in the white house, Brett Kavanaugh became a judge confirmed with boy partisan support. Strong and independent, he applies the constitution just as it was written. Like neil gorsuch he will be another great justice. Confirm kavanaugh. Dana what kind of investment are you willing to make for this nomination, carrie . We had a budget for the Gorsuch Nomination about 10 million. We anticipate it will be at leasts contentious. Unfortunately were seeing lots of rampingup from the left, sky is falling rhetoric. Will be a lot of attack. We will defend the nominee, make sure his actual record, his story told. A lot of disconstruction and distortion of his record in the first 24 hours. Dana elizabeth i think you might see it differently. Demand justice is planning to spend 5 million, the initial investment, in this. Do you think that the left is ready to take on this battle . I think because the stakes are so than questionably high in this nomination battle. Were talking about roe versus wade, lgbtq equality, racial justice, environmental protects, a few of the areas where Justice Kennedy was the swing vote. Certainly progressives and frankly americans of all political stripes are very interested in this fight. You know, its funny, but campaigning President Trump was very clear over and over and over again that he was going to nominate some one to the Supreme Court who would overturn roe vs. Wade a lot of advocates for cav in as nomination and for the administration are saying thats just a scare tactic that roe is going to be overturned, dont worry about it. Im still worthied. Dana i hear on you that. Naral has ads as well, i think we have photographs, theyre going to focus on maine senator Susan Collins and alaska senator Lisa Murkowski. Theyll look at colorado, corey gardner, dean heller in nevada in a battle for reelection. What do you make of that, carrie, from what the president said when he was campaigning to then what he said that he wouldnt ask any of these nominees what they would do on any specific case or roe v. Wade. How are you answering that question . People use a lot of shorthand during the campaign. The president has acknowledged that he cant ask any nominee, he will not ask the nominee how he would real on a specific issue. Pretending this is going to be the fifth vote really doesnt take into account the full span of the justices in the court. Chief Justice Roberts is the swing vote with Justice Kennedys retirement. Incremental interest. He wants to move step by step. Even in the unlikely question you had a challenge headon, which i dont think will happen, you wouldnt have chief Justice Roberts saying im the fifth vote. I think Justice Kennedy is what everyone said. Dana i have to stop you there, well come back to you if we can. Senator mcconnell is speaking now, lets go there live. Has been rolling, in not just from people that are conservatives, but others as well about his brilliance, his talent, his temperament, all of the things that the person people would like to have in a judge. Somebody who is clearly over the years tried to follow the law as it was written and not try to get the result you want to get. I remember Justice Scalia always said you arent a very good judge if you arent occasionally uncomfortable with the outcome you reach, because its dick tainted by the law or the constitution. So i think the president has made a great appointment. Great nomination. Well work our way through the process. We believe its possible to handle this nomination fully by the fall. And i know chairman grassley believes, hes already said in a statement today, he believes we can work our way through the process in the normal length of time that we did on gorsuch and kagan and others. Have this nominee in place some time this fall. I know people must be wondering what in the world is going on, where sep at democrats are opposing Senate Democrats are opposing a nominee yet to be named. Where unfortunately its pretty clear we saw this with judge gorsuch as well, democrats given the current state of their politics are unwilling to defy their base and vote for well qualified nominees. So they find it a safer political position for them to take to say they will oppose all nominees by President Trump. But i agree with the leader that judge kavanaugh is an extraordinarily well qualified judge. The reason why i think the left is so afraid of this nomination, is because they view the judiciary as a policymaking arm of the federal government. We disagree and were in good company with James Madison and Alexander Hamill tond and the four ders what viewed the judiciary as the least dangerous branch, they arent the policymaking arm of the government. Thats congress and the executive branch. Thats where policy needs to be made. So we need good judges like neil gorsuch and like Brett Kavanaugh who will interpret the law as written not as they wish it to be or view themselves sort of a legislator wearing the black robe so they can dispense policy without having to bother with elections or electoral accountability. Dana hah was senator mcconnell and senator cornyn. I believe we have our panel still, thank you for sticking around. Elizabeth, lets go to you, you heard the senators, theyre trying to make this sound like its all systems go, everything fine, situation perfectly normal. You think that will cut it . Well, i think we are in an unusual situation. This is an unusual president who made promises and stated litmus tests about the kind of justice he would nominate to the Supreme Court. So thats why were here. Theres a difference between legislating from the bench, which i agree is not the appropriate role of the judge. And being the bulwark of liberty that the founders intended the court to be. A court that would vigorously even force the constitution guarantees of equality and liberty. Why Justice Kennedy, his vote has been. This is about the decisive vote. In the abortion cases, irj ma equality, affirmative action, he was in the 4 to 5 against marriage equality. This nominee is going to be the decisive vote just as kennedy was on whether its a 54 in one direction or another. Dana if the election went the other way the conversation be would very different. We might not even be having it at all. Whats the best way for the conservatives to combat elizabeths argument . Well, if the election had gone the other way there would be a sizable liberal majority and it would be about cementing that further. Thats the reason more than onefifth of the americans said they wanted President Trump to be the one to appoint the next Supreme Court justice. This is his Second Chance at fulfilling that promise, one of his most popular issues with the American People. Im thrilled he appointed Justice Gorsuch, all of these issues, were speculating, we dont know what a Justice Kavanaugh would do on the court. So what we do know, he has a record 300 cases he has decided, we look at how he applies the law and the constitution, primmed and excellent writer. I think no one should have to be concerned when some one is going to substitute their own views. Dana carrie and elizabeth, thank you for sticking around. Fox news alert on Mission Accomplished in thailand, crews rescue the last boy trapped in a flooded cave with their coach this morning. A dramatic end to the 18 day ordeal. Jeff paul is live in thailand, jeff . Well, dana, collective sigh of relief from not only the locals here in thigh land and those watching all around the world that this team of boys and their coach are finally safe after spending more than two weeks inside a cave. Applause, tears outside the hospital this morning, as that ambulance drove up, the final ambulance drove up, and entered the facility. It was really incredible to see. You could tell people were relieved, finally, this was over and these boys would get the treatment they needed. Really neat picture put out by the that i navy seals, the men and women who put their lives on the line to make sure this team gets out, gets to safety. They gave us thumbs up. What we know about their condition right now, theyre in the hospital getting treatment. Theyll likely be in isolation for the next couple of days. They want to make sure they dont have any illnesses or respiratory issues that can be spread. They will get a chance to see their parents through glass. This is standard procedure. After a few more days, they will be given more solid food, they dont want to overwhelm them with poom things. Again, theyve spent two weeks with little water, very the solid food. The important thing to remember is this is a collective effort. Divers and personnel volunteers from all around the world, the united states, australia, and again the people here in thailand coming together to make sure this soccer team survives and gets to safety. Dane . Dana all right, jeff, the world needed a win and that was amazing that it ended up so positive, thank you for that report. Former National Security advisor Michael Flynn making his First Court Appearance and pleading guilty to lying to the fbi. Is he any closer to learning his sentence . Plus, President Trump takes aim at european allies as he prepares to land in belgium for the nato summit. It will be an interesting time with nato. Nato has not treated us fairly but i think well work something out. My day starts well before im in the kitchen. I need my blood sugar to stay in control. I need to shave my a1c. Weekends are my time. I need an insulin that fits my schedule. 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Covered by most insurance and medicare plans. Tresiba® ready. To give you the protein you need with less of the sugar you dont. Ill take that. [cheers] 30 grams of protein and 1 gram of sugar. New ensure max protein. In two great flavors. Dana Michael Flynn appearing in court today for a hearing ahead of his september sing. His Attorney Says the retired general is eager to move forward and put all of this behind him. This is the first time hes been in court since pleading guilty to lying the to the fbi in december. His sentencing delayed while he cooperates with special Council Robert muellers investigation. President trump were being taken advantage of by the european union. We lost 151 billion last year on trade. And we spent at least 70 for nato. And frankly, it helps them a lot more than it helps us. So well see what happens. Dana President Trump speaking out ahead of his departure for the nato summit which is shaping up to be tense. The head of theure peep an union launching a twitter attack pushing back against the president s complaints about nato sending. President set to land in belgium within the next area. Daniel is from the former National Security council and former ambassador to poland. Mr. Ambassador, how are you looking at this, theres a lot of noise, i know you know whats going on behind the scenes. What should we know about this upcoming meeting . Well, i wish i knew what was happening behind the scenes. But President Trump has appointed the has a point the europeans need to spend more on nato. If he intends to push nato to do the right thing im all for it. But what i worry about and what a lot of europeans are worried about, americans too, that the president is using defense spending as a tool to weaken nato. And that doesnt make sense to me. I dont know how that helps our country. Dana so you had the european president and others saying there are many countries meeting their spending goals, spend 2g , the requests, united kingdom, e stono, romania and others. A Sticking Point is germany. Do you think that everybody will want to come to the meeting fe bigging out a way to keep the president happy and keeping this appliance on track . They have made progress in several areas like cyber and trying to help push back on russia in various places like crimea and ukraine. Thats right. If the president wants success at nato he can have it. European defense spending is going up. The president is in a good position to take credit for it. Nato is putting forces into the baltic. Theyre standing strong with us in a number of areas. The president ought to take yes for an answer. Lets not forget, defense spending is not the only issue. We were attacked on 9 11. Nato invoked article 5, collective defense commitment, and they came to our asis mens. Over 1,000 european soldiers have died in afghanistan fighting alongside us, against the taliban. Thats because we were attacked and they came to our aid. You dont throw that away. As for the. European union, thats donald tusk. I knew him when he was acting in solidarity. The polls through solidarity, helped win the cold war for us as well as for themselves. Dana take a look at this, dan, i dont think you have had a chance to look at these, from defense 1, showing that russia is building up military activity along the Eastern European border especially along the polish border. Is it your position that russia still constitutes a great threat to europe . Of course it is. The russians have started two wars against their neighbors. Georgia 2008, ukraine 2014. Theyre building up their forces. And the americans have now put significant numbers of troops on a rotational basis into poland, a good thing. Nato, nonu. S. Nato forces have been built up, more modestly in the baltic states. This is right. Russia is a problem. I want america to have friends. I dont want america to be alone. I want our adversaries to be alone. Siding with your friends to get a good result may be a necessary tactic. Dana one country disruption becomes destruction. Dana the u. K. Wanted to break from europe, pass in an election, breaks it, to get out brexit to get out of the european union. Theresa mays administration seems to be in crisis. As we developed our policy on brexit i have allowed considerable latitude to express the views. The agreement we reached on friday marks the point that is not the case f you arent able to provide the support we need, it is right that you should step down. Will it be the position of the citizens of britain when they said brexet they meant it . Well, the british voted to leave the e. U. , thats turning out to be a little more complicated than some of the probrexet people thought. Its one of these things that sounds like a good idea at the time. You get to vote your frustration. But you have to live with the consequences after that. European union has a lot of problems. But its also a miracle. It wasnt set up to take advantage of the united states. It was our idea because after two world wars we were tired of going in to rescue europe from themselves. We wanted the europeans to get together. We pushed for the e. U. And its been a fabulous success. Are there trade problems other problems, of course. So lets deal with them. But lets not forget whatever our problems are now, its better than lets say dday. Dana indeed. She might be in a nowin situation. Daniel fried, thank you for being here. My pleasure. Dana we are learning the u. S. Is send mag reins to bolster security at the u. S. Embassy in haiti after four days of riots after the government raised fuel prices of the state department issuing a level 4 travel advisory, the same warning for afghanistan, iran, syria and yemen. Some american volunteer groups are stuck on the island. The violence forcing airlines to cancel flights. One church group from florida tried to get to the airport yesterday but the roads were ploked. Deadline day for reuniting the youngesting my dprapts with their parents after being separated at the border. Where the Trump Administration says things stand. The confirmation for the president s Supreme Court nominee, the map with the pulse on capitol hill, what were hearing about judge Brett Kavanaugh. I am going to fight this nomination with everything ive got. The American People must join us and speak loudly. Clearly. And now. Dana Chuck Schumer the democrat majority leader. One of which is dedicated to repealing roe, the other dedicated to getting rid of healthcare for americans. Vet the nominees. He chose some one from the list. You can be sure that the Federalist Society did not allow anyone on the list who maintain roe. You can be sure that the Heritage Foundation would not allow anyone on the lils the who would maintain healthcare particularly the ability of families with preexisting conditions to continue to get healthcare. And then he added, why did he choose kavanaugh since all of these 25 would have met those two criteria, which are so offensive to so Many Americans . He chose the candidate who he thought would best protect him from the mueller investigation. Mr. Kavanaugh was probably the most extreme on that issue of the 25. Could we thank you. Um, he chose the nominee who he thought was the most extreme of the 25 on that issue. Not only did mr. Kavanaugh say to the president should not be subpoenaed. He said a president shouldnt be investigated. Mr. Kavanaugh. Is the president above the law . And he went even further, and made the incredulous statement that if the president deemed a law to be unconstitutional he shouldnt follow it. That would be bad if anyone were president. But with donald trump who has shown so the respect for rule of law, for balance of power, for dispersion of power, this is extremely dangerous. We democrats believe the number one issue in america is healthcare and the ability for people to get good healthcare at price these can afford. The nomination of mr. Kavanaugh would put a dagger through the heart of that cherished belief that most americans have. And thats a belief that democrats, republicans, and independents have. So there are many issues out there. Theres the rights of labor unions. Theres the rights of people who want to protect the environment. Theres the right to the lbgq community. At the top of the list is healthcare. Healthcare. This nominee will make the ability of americans to afford decent healthcare so much the worse. Senator . Thank you. Dana senator schumer talking about the Supreme Court nomination of Brett Kavanaugh. I want to go to chad pergram. You were listening to the senator. Now we have heard from mcconnell and schumer coming out of the policy lunches. What do you think is happening on the hill, as this nomination gets under way . Well, democrats are concerned about this, because youre looking at going from a 54 court to maybe 63 court. You look at some of the things that Chuck Schumer was referring to there, concerned about gay rights, concerned about healthcare issues, labor issues. Thats a big worry for democrats. So far most republicans are onboard. Listen to republican senator jeff flake. District court judge for 12 years, you have a long paper trail. Its taking a while to get the papers together. Nothing stands out. As an obstacle. Hes a solid pick. Any comment on the democrat u. K. Attack of him thus far . Well, a lot of those were made before the selection was made there. Thats the concern from many senators, especially on the democratic side of the aisle, they want to slow it up, they have a lot of paperwork to go through. I spoke evenings tensively with Lisa Murkowski a potential swing vote, republican senator from alaska, one of two republicans who could be on the fence on this nomination. She urges folks to take it slow, there is so much paperwork to go through. She notes she voted for Brett Kavanaugh for a lower Court Position in 2006 because the magnitude of this is much more significant. Talking to Chuck Grassley earlier when he met with kavanaugh he said he wants this process to move quickly. That could poe temperaturesly put the senators even on the right at oedz potentially put them at odds with the Senate Judiciary committee. Dana all right, chad, thank you. For more on this with steven law, president and ceo of the Senate Leadership fund. You were listening to both senators, i imagine, and i wonder what you think about how this is under way in particular you heard the senator schumer say theyre going to focus specifically on healthcare. He said it several times. He paused, looked at it. And that probably means they got focus Group Research since the announcement that Anthony Kennedy was resigning and theyll focus on healthcare not necessarily just row v. Wade. Roe v. Wade. Democrats have been concerned the only thing they seem to talk about are russia and stormy daniels. They started to zero in on the fact they needed to address preexisting conditions, resurrect the cluster of use around the war on women. With this Supreme Court no nays, it gives them the opportunity to talk about the things they already decided they wanted to focus on. Articulated it before the announcement of the retirement, before the announcement of the nominee. And i think theyre just going to continue in that mode. Regardless of what j. J. Kavanaughs views are on the subjects. Dana this morning, the other day, feels like a lifetime ago, this morning in the wall street journal talking about mitch mcconnell. You know you foe hem well. And any Senate Majority leader becomes public enemy number one. This is what the Editorial Board said. He says the only real power he has as majority leader is control of the senate floor. When Antonin Scalia died, mr. Mcconnell said the senate wouldnt take up the nomination in president obamas last year. Democrats screamed but neither mr. Mcconnell or grassley flinched. The result, Justice Gorsuch. I wonder if you think its possible any republicans might flinch going into this or are you hearing that pretty much theyre all going to be onboard . Well, obviously theres a lot of work that needs to be done particularly with the more moderate members of the caucus. Leader mcconnell is sensitive to that and allow that process to unfold. But i think you put your finger on really the most important underlying issue, beyond the significance of the nomination itself. Thats the importance of who controls the senate. As leader mcconnell said, what you get to control is what gets considered and what doesnt. His decision to wait and allow a vacancy to remain so that President Trump could nominate Justice Gorsuch last year, i think, was probably one of the key defining issues of his career, of the senate work. The importance in the senate, the role that it plays, usually kind of unexciting place to slow it down. Right now, its going to be center stage. Its going to play a very, very Important Role in the drama. Dana id say theres no shortage of excitement and drama in washington right now, even on the senate side. Because youre with the Senate Leadership fund tell me about how you plan to pressure red state democrats running for election this year. Will be a lot of different groups doing Different Things at various stages of the process of the group that has the lead is the Judicial Crisis Network, was on your show a few minutes ago. Our role comes in closer to the end. There are a number of red state democrats, senators running for reelection in States Donald trump won by 10 Percentage Points or more. In those states, a recent poll showed that voters in those state wanter that senators by a 57 or more margin to support the president s nominee. Were going to be putting a lot of pressure on those senators to do what their constituents want them to do and confirm judge kavanaugh. Dana steve law, thank you, well check back in with you as the confirmation battle gets under way. Sounds great. Dana the Trump Administration confirming more than 50 children under five have been reunited with their parents. About 100 others remain at government facilities today, which is the court mandated deadline to bring families back together. Casey sigel is outside one of those facilities in brownsville, texas. Casey . Yeah, dana, court is still in session as we speak right now. U. S. District court judge out in california, is making federal government lawyers do a whole lot of explaining on why only 63 of the 102 kids under the able of 5 could meet todays deadline and be reunited about with their parents as the court ordered. Well, the judge wanting to know the extenuating circumstances of the children who remain. Hhs giving a range of explanations from the parents had already been deported. Some had criminal records. Then citing security concerns in somes days. But lawyers with the in some cases. Lawyers say its difficult to get an accurate, big picture, the federal government numbers dont add up. We are relying on their number of 10. Kids but were hearing from people around the country that they are representing parents who have children under 5 who did not appear on the list. Its troubling if there are children and parents simply not in any government tracking system. A new deadline of july 26 looms. The date that all separated children must be reunited under that court order with their families. Hhs puts that number at under 3,000, but more than 2,000. So clearly, now, aclu and other critics of this whole policy are asking if the federal government was unable to meet todays deadline of 102 children, how equipped are they to carry out thousands. And a new hearing is scheduled for friday. That just coming in for friday, where all of this is going to be us asked looking forward. Dana all right, casey, well check back with you through the week, appreciate it. President trump issues a pardon to two ranchers involved in a heated land dispute. Why he sells the sentence was unjust. Growing concerns over cyber security, former department of Homeland Security michael chertoff, how can you better protect your information online. Dana President Trump pardoning two oregon ranchers calling the sentence unjust. Dwight and Steven Hammond were convicted of intentionally spreading fires to public land. The fiveyear september says were reduced but that was overturned on appeal a decision that outraised activist and led to the armed okay on you pags in oregon. Protesters claimed the federal government overstepped its authority. President trump set to arrive in brussels, belgium any minute now where nato puts a priority on cyber security. Few of us realize how much of our data is collected on a daly basis, threatening our security and personal privacy. Michael chertoff is the author of the new book exploding data. Out today. Hes a former hoep Homeland Security secretary, under george w. Bush, cofounder of the chertoff group. Good to have you here, congratulations on the look. Can i get your take on the nato piece . Its one thing to ramp up on the military side of things but only takes a few bad apples on the rush side to attack us thu a cyber a russian angle to attack us. Nato has begun to focus on cyber, even when i was in office in 2007 the attack on estonia coming from russia, in 2008 georgia. They are developing a center of excellence, putting together a strategy, and they recognize this is now going to be very much a part of our national defense. Dana you think that is but nato should address that absolutely. Theres no question that at least for the russians and the chinese they viewed the cyber domain as part of the tool box for waging war. We have to be able to meet them on the same terms. Dana we would consider an attack on one as an attack on all . If it rose to the level of a warfare. Now that doesnt mean every time you steal data or you spy its warfare. You have that for decades. But it does mean if you destroy things and kill people, thats going to be warfare. Dana especially if it takes down some important entity like a popt or hospital or. Right, then you get into an act of war. Dana tell me about your book. I know a lot of people are hearing things, of course were on our phones, Everybody Knows everything about us everywhere. Are we completely overexposed . Its a little bit about the story about the frog that gets boiled alive turning it up a few degrees a little at a time. We have generated more data than we think. There are obvious things like participation in social media. But there are things that are not obvious. The locational data, what i call the digital exhaust that comes out of your cell phone. The data generated when you use your credit card or loyalty card at the grocery store. What is critical, all of this can come in together. Its either all residing in the cloud and the cloud reprider who is actually operating the servers can look across all of the data. Or they can sell it. You have people who are able to accumulate almost every piece of data about your life in a single place. Dana in your book you explain to people how you can be aware of that and what you can could do to try to help yourself . Two things. In terms of what can do as an individual. Be mindful of when you free to share information or data. Often as part of offer to take something, quote, free. It is not free, you are paying for it with information. Be mindful of that. Recognizing that insecure devices like some of the baby cameras and refrigerators, now being sold as, quote, Smart Devices also generate data. More generally, i think we have to make changes in the law. We have to level the Playing Field between the individual and those large entities that control the data in big mat forms. You have a choice. Youre not forced to surrender your data, to participate in something that is almost a necessity in modern life. Dana i know that in congress theyre p to take up the encryption debate how Law Enforcement could interact with phone companies and have a all of our data if they need something right away. Contentious issue. Interest could end up as a contentious issue in the Supreme Court confirmation battle with Brett Kavanaugh. The Supreme Court is going to have to rule on these things. How far behind is the government in making laws to keep up with the technology . Well, its interesting that the court, Supreme Court, is somewhat ahead of congress. Congress has not really done a lot in this area to deal with the new challenges. Theyre beginning to talk about it. But as series of decisions to the Supreme Court reached in the last few years, theyve begun to tackle this issue. And the most recent tase a few weeks ago, carpenter, involved restraints on the governments ability to get the locational data that emanated off your cell phone. What is interesting is that judge gorsuch, Justice Gorsuch, wrote a separate opinion, he talked about the issues that i raised. Who controls the data, even if you surrender it to somebody else . So in many ways the court is ahead of congress. Dana did you agree with that decision . I agreed with the decision. There are differences in approach about the reasoning which are more technical. But the important thing to me you have the justices really tackling the way modern technology has changed the architecture of our laws in a way that requires to us reset our laws. Dana do you think the Supreme Court needs to look at the Fourth Amendment when it comes to security . Judge napolitano brings it up, rand paul is going to bring it up on the senate floor. I think the Supreme Court is looking at that. The way the court typically operates if they dont write a book and cover everything, they deal with each case at a time and move incrementally. The proper way a judge ought to behave. Im encouraged that the current court, whether you free with each decision or not, is really taking seriously the need reframe the debate about modern technology. Dana one last question, your time thoughts about the family reunification issue, the govm not able to meet fully the deadline set by the court. Another deadline. The families being separated and the court saying you have to do better by july 26. This is a matter of great you are enty. Urgency. The government is trying to move as quickly as possible f you didnt keep records at the front end and track everybody, it gets difficult to do at the back end. Thats creating the burden now. Obviously, the judges are going to really hold the government to getting this done quickly. Dana secretary michael chertoff, earned that. Big surprise for the family of a 5yearold who had an expensive collision with a statue. Find out who is bailing them out. Tesla is planning a big splash in china. Dana tesla making a big take to expand overseas, planning to build its First Factory sxwrout side the united states, eventually producing half a million cars in china. Christina joins me now. This will be a bigger plant in china compared to the one in california. They want to build 500 million cars in just about two to three years. Theyre really try to expand in china. They see how large the market is. China wants to been all electric. Well get into that in a second. For context, tesla creates electric cars. And when you have electric cars, as a company, you get some subsidies from the government. The plant that you are seeing on the screen is in california. That is their main plant. They have a giga factory in nevada. But they have received taxpayer dollars, some breaks, thats to the tune of 2. 4 billion. Latest in 2015. Id like to preface that money, that giant sum you are seeing, is for several Different Things. Its for tax breaks, subsidies, energy loan, theyre training people. Its not all here were giving you money to grow your company. Dana in china where the cars would be then recharged with electricity, thats all coming from colefired power coalfieerred power plants. Theyre trying to change that, they have a plan to become way more energy efficient. They want the market to be. They want to be the forefront in 2025. Dana we have 40 seconds left. The tariff war . Some people say this tesla is doing it in response, their cars, china has put an import or tax, 40 . Theyve already had to increase their cars. Which is why theyre going forward, same thing about harvey davidson. Tesla said they want to tap into the market, china wants to have 7 Million Energy cars by 2025 on their market. Theyre going to build the infrastructure, plugin stations. Tesla dana im a skeptic. Tesla still doesnt make money. Dana so much debt, the stock is doing well, theyre visionaries. Christina, good to have you. New honor for one special pup who saved his owner from a snake bite. High protein to help get us moving. And help you feel more Strength Energy in just 2 weeks. Ill take that. Ensure high protein, with 16 grams of protein and 4 grams of sugar. Ensure® with 16 grams of protein and 4 grams of sugar. No mathere are over 10,000 allstate agents riding sweep. Call one today. Are you in good hands . A follow up for you. Todd, a golden retriever was bitten by a snake. The good news, todd is on the road to recovery. The Arizona Diamondbacks honored him in a pregame ceremony. I think hes super excited to be here. Im excited the diamondbacks are honoring him. Hes definitely a hero. Todd saved paula from a rattle snake bite. Todd is a hero indeed. Thanks for joining us. Tomorrow we have senator marco rubio will be on the show and later on today on the five, greg gutfeld is back from vacation. Thanks for joining us. Im dana. Heres shep. Shepard its noon on the west coast, 3 00 on the east coast. 9 00 p. M. In brussels where President Trump is set to meet with world leaders. Today he again ripped in to our nato allies while sharing some nicer words about russias president , Vladimir Putin ahead of their summit next week. Get ready for the senates Supreme Court showdown. A day after the president s announcement, well look to the senators that could play a crucial role in the fate of judge kavanaugh. And a look at what hes written about prosecuting president s. Also, celebrations in thailand after rescuers save the children and the