It will be at the law school at nyu. Are you familiar with the idea of senioritis, like what happens to you when you have already figured out what you are going to do over the summer, maybe even next year and, yeah, you are still at school but you kind of have checked out . Today the eagle eyed cnn Robert Muellers office stakeout team caught Andrew Weissman showing up to work today in something unexpe unexpected. Seen wearing a tan suit to work today. The New York Times then tweeted this photo of andrew wi weissman picking up lunch today in washington, d. C. Looks pretty close to a tan suit. It is possible that Andrew Weissman was just celebrating the first day of spring today. It is also possible that this is senioritis. But in any case, you do you, Andrew Weissman. I know that people get upset about tan suits. I think that looks nice on you. Now it is time for the last word they dont just get upset about it. Do you remember when this was a week long scandal when barack obama wore a tan suit . Well, the thing is that because of that, because we have all lived through that, you cant help but think any time somebody wears a suit that it is a signal. They are just looking for trouble. All right. Tonight as we await the Mueller Report, one of the people that wrote the rules for Special Counsel will join me to discuss why those rules exist and why donald trump, as hard as he tries cant talk or squirm his way out of it. We have a democrat president ial candidate tonight. Ill talk policy and politics with former mayor of san antonio yoechlt a. Why so many of Donald Trumps policies are going down in defeat in the courts. The president picking fights while failing to keep his promises. The president flew in to ohio for what was in many ways an unofficial 2020 campaign event. The president of course won ohio after promising to bring back Manufacturing Jobs. Today he spoke at the countrys last factory that makes tanks for the army in lima, ohio. The factory had been on the decline, but it is now growing as a result of the Trumps Administration increase in the military budget. You better love me. I kept that place open. They said were closing it. And i said, no, were not. But it only took a few minutes for the president to go off the rails and distract from his own message by launching an unprompted attack on a deceased war hero. They ask me about a man named john mccain, and if you want me to tell you about it. Should i or not . I have to be honest, i have never liked him much. Hasnt been for me. Ive really probably never will. I gave him the kind of funeral that he wanted, which as president i had to approve. I dont care about this. I didnt get thank you. Thats okay. We sent him on the way, but i wasnt a fan of john mccain. I didnt get thank you, but thats okay. The president dedicated almost five minutes of his speech to attacking john mccain. It was the president s feuds that seemed to be on his mind the most today, not his economic promises. He did manage to squeak out a few lines about the economy. It is all about manufacturing, and were bringing it back in record numbers. We made some progress. Thats why you see these numbers. Look at that chart. Look at it. You dont have to know whats on it. What difference. You dont have to know what the
hell is on it. All you know is thats a good line. Wow. Id like to know what thats about because were not bringing manufacturing back in record numbers. Manufacturing jobs have increased slightly, not necessarily due to trumps policies but voters in ohio may not be feeling like the president kept his promise. A poll from Morning Consult shows President Trumps Approval Rating in ohio has fallen by 19 points since he took office in january 2017. That might be due to the fact that some Manufacturing Jobs are still leaving ohio. In lords town, just 200 miles away from where the president spoke, a General Motors plant is shutting down this month. Gm ceo cited the trump tariffs which cost the company about A Billion Dollars as a reason for the closure. The president seemed to recognize that closing as a threat to his core support. He spent the week tweeting demands about reopening the plant. Get the discussions going. Get it open. Lords town is a great area. I guess i like it because i won so big there. Meanwhile in washington, the Federal Reserve chairman gave an Economic Forecast that was less optimistic than what the president was saying and what the white house said yet. Data suggests that growth is slowing somewhat more than expected. Financial conditions tightened considerably over the Fourth Quarter while conditions have eased since then, they remain less supportive of growth than during most of 2018. But the president s focus seemed elsewhere. Donald trump began his way with a Tweet AttackingGeorge Conway, the husband of his adviser Kellyanne Conway and he kept that up when he said this to reporters. He is a whack job, there is no question about it. But i really dont know him. I think hes doing a tremendous
disservice to a wonderful wife. Kellyanne is a wonderful woman. I call him mr. Kellyanne. The fact is that hes doing a tremendous disservice to a wife and family. All right. Joining us now the editor at large for cnbc. John, I Dont Know What donald trump gets from attacking john mccain. It is mysterious. Hes been going at this for a few days. It is unprompted. Today it was entirely unprompted. He likes to start with today they asked me about john mccain. Everything the president was saying in the clips that you showed underscored the point that George Conway, Kellyanne Conways husband has been making the last couple of days, that this is a president completely absorbed within himself. You saw him say, you better love me, i saved these jobs here. Maybe i like this area because
they voted for me so much. It was not about others. It was about him. The same is true of his obsession with john mccain, who he is following the Accident Sated On for having voted against the repeal of obamacare and maybe other things. But it is a bizarre fixation for the president at a time that even when the economy is slowing, as j. Powell indicated and it is not posed to deliver the kind of growth the white house says it will, it still is growing. Among all the things the president could be talking about, that would probably be the most constructive for him. Earlier today, that stakeout before the president got on the helicopter to leave for ohio, he made another comment, and he was talking about the Mueller Investigation, in which he said i dont get it and my voters dont get it. So more than two years in, the president seems concerned with himself, his base and his
voters, not the country. Yeah. Thats right. And, i mean, at this point, whats so difficult with all these statements is there is no reason to believe anything he says, right . So he says lets release the Mueller Report. Let people see it. But there is no reason he is sufficiently disconnected from reality that he basically says whatever he thinks will be best for him in the moment. And this creates a big challenge for journalists because hes the president of the United States. And i know some people say just ignore him and ignore his tweets, but he is the president of the United States. Its not so easy to ignore him. Its also not clear that what hes saying has any particular meaning. It is just this continual need to talk about himself all the time. Im a new yorker. I grew up in new york in the 1980s. Donald trump was a Tabloid Character back then. He is unchanged. This is the way he was back then. The problem is now hes the president of the United States. John, what does it mean to you . The president on a 50 tweet tirade this weekend. 30 tweets since the weekend. You make an interesting point. Its Strong Enough that he could be tauting it. Wages are up. Gdp is up. Why does he so easily get distracted from something that was so central to his campaign . The folks in rural ohio might have voted for him because of the fact that he was promising to bring back jobs and to increase manufacturing output. Why does he not stick on that message . Whats on his mind that hes getting so off focus this week . I dont think he can help it. The president first of all, the president is under a lot of pressure. The Mueller Investigation is closing in. Thats one of his obsessions for very good reason. You have got the Special Counsel investigation, the Southern District of new york, the Attorney General of the state of new york, the Manhattan District Attorney all honing in on him, his businesses, his foundation, his transition, his family, his campaign aids. That is a tremendous source of
pressure. Hes had political setbacks. The democrats have taken control of the house. They left him naked in that Government Shutdown and having to capitulate to nancy pelosi on his wall. Thats not happening. Hes launched this trade war with china that has damaged the u. S. Economy as well as chinas economy. Now he seems very eager to get a deal, but its not clear that that deal is going to be anything that changes the growth path of the u. S. Economy. So hes coming up short in a lot of areas, and i think that is a source of stress for him on top of the legal problems. And thats interesting, david, because the fact is the effect of the trade war may be longterm damaging to u. S. Growth. So if the president does get a deal and today waiting for the fed to say that they werent raising interest rating, the market went up for about an hour and then went back down because
people are worried that this particular war with china doesnt look like it is coming to an end any time soon. Thats right. And it is a risk for the economy. I think the bigger problem, it is very easy for us to focus on the immediate numbers and the trade war and this plant in ohio. I think the larger problem is the economy is not that strong. Yes, wages have grown a little bit and unemployment is low, but wage growth has been weak for most workers. Thats part of why people are so dissatisfied. Its been a main trend and particularly since 2000. So it is difficult for trump to try to persuade people that the economy is great when its just pretty good for most people. Its really good if you own a lot of stock. But for most people it is pretty good. As you played in the clip from the fed chair, it looks like it is now getting weaker. So i think there are all kinds of Economic Risks out there,
even if it is impossible to know what route the economy is going to take. Im a little puzzled. Donald trump held up a chart like this. I have no idea what he held up in ohio. He said, you dont need to know what it is. It is a good line. It is a good number. I dont know what hes talking about. Did you know what that was . Obviously, you could find numbers out there that look like good numbers, right . Of anything. There was no labels, no words or nothing. It was classic trump. It was like here is a scoreboard. Im going to say its great. Im going to say its big and beautiful and take my word for it. You couldnt, guys, have a starker contrast than the white house coming out with a budget early this week and the Chief Economist in the white house said the Economic Growth in 2019 was going to be even higher than it was in 2018. It would be 3. 2 . Jay powell said exactly the opposite today. He said 2. 1 growth. The second Fed Downgrade in the last couple of months. There is a very big difference in outcomes between those two forecasts where now late in the First Quarter thats expected to be below 2 growth, that is another source of pressure on the president. If he loses what even on its face is a good economy, even if david says for many workers its not a big increase in their living standards, that is the most significant prop underneath the support he has. What do you think is going on with this Kellyanne Conway, George Conway, donald trump thing . Kellyanne conway did speak to politico today. She said he left it alone for months in respect to me. But you think he shouldnt respond when somebody, a nonmedical professional accuses him of having a Mental Disorder . I dont have a habit of defending President Trump. I have written i think he is unfit for office, and he is. I will say if we had any president that had a Senior Adviser in the white house whose spouse was basically out there saying all kinds of things about how terrible the president was, it would be a little bit weird for that president , too. I have to say of all the things that i object to with trump, the idea that he finally responded to one of his senior aids husband just constantly attacking him, if anything, he showed bizarre restraint for donald trump in this case. This thing gets weve seen it before. Martha mitchell, the wife of the Attorney GeneralJohn Mitchell for Richard Nixon was sounding the alarm during watergate. A lot of people dismissed her as kind of a cook and she turned out to be raising some significant points. Thanks, guys. Good to see you both. Coming up, President Trump
expressed confusion today that Robert Mueller would be able to issue a report even though President Trump won the president ial election. That probably sounds confusing to you. Thats because it is. The Trump Administration is also not cooperating with congressional investigators. Former Justice Department official joins me next. And reports of disarray in executive agencies from the Department Of Housing to the faa. Former hudd secretary and president ial candidate will explain how to combat the reported president ial negligence of the government. In tonights last word, two Major Barriers broken by a candidate in the primary. Candidate in the primary feel the clarity of nondrowsy claritin
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vo go national. Go like a pro. See what i did there . President trumps continued attacks on George Conway and the late john mccain seem to be the shiny objects hed like us to focus on instead of the looming release of Robert Muellers report of his russia investigation. Today the president tried to challenge his report nearly two years into the investigation. Some of what you are about to hear from the president simply isnt true and much of it simply doesnt make sense. I just won one of the greatest elections of all time in the history of this country, and even you will admit that and now i have somebody write a report that never got a vote . Tens of millions of voters and now somebody is going to write a report who never got a vote. The man Out Of The Blue just writes a report. I got 306 electoral votes. It is an amazing thing that when you have a great victory, somebody comes in, does a report out of nowhere . Tell me how that makes sense, who never got a vote, who the day before, he was retained to become Special Counsel. I told him he wouldnt be working at the fbi. And then the following day they get him for that . I dont think so. I dont think people get it. All right. So the president has a problem with unelected officials investigating him. But apparently he also doesnt care for congressional committees that have a constitutional duty to conduct oversight. Congressman says, quote, the white house has refused to hand over any documents or produce any witnesses for interviews, despite numerous requests. The chairman says this refusal reflects a decision at the highest levels to deny congressional oversight altogether. President trump also welcomed the release of the mueller
report. He welcomed it, despite the possibility it might further implicate members of trump world. I dont mind. Frankly, i told the house, if you want, let them see it. Let it come out. Let people see it. Thats up to the Attorney General. We have a very good Attorney General. Hes a highly respected man and well see what happens. But it is interesting that a man Out Of The Blue just writes a report. Out of the blue, sort of interesting indeed. It would be interesting if a man just came Out Of The Blue to write a report. More importantly, the Washington Post notes it is the first time that trump has said that he would be okay with making the Mueller Report public. And in doing so, he might have nixed a major argument against its release. Quote, Justice Department guidelines prohibit revealing information about people who are not being indicted and that is
obtained by a grand jury. But the reason that information generally is not released is to protect the people involved. And the most high ranking person involved, trump, just gave it the green light. Other fig dwrures who have not indicted may still object to details of their conduct being aired publically, but it seems trump has authorized the disclosure of detail about his own conduct. Joining us now former acting solicitor Attorney General. He wrote the Special Counsel regulations under which Robert Mueller was appointed, which makes me wonder, neil, where he said he has just won the gre greatest election of all time in the history of this country, 306 electoral votes. So how could a guy just come Out Of The Blue and investigate him . So trump lies about things that are both big and small. On the small, its not just that he didnt win the greatest election in history, 306
electoral votes . He didnt even won 306. He won 304. He cant even get the smallest details right. And then the big ones, the idea that mueller is just some dude on the street who writes a report, mueller was appointed by trumps own guy, rod rosenstein. He was put into the job by donald trump. So the idea that its some man off the street or Something Like that, of course not. And then the most corrosive thing, the idea the president says nobody voted for mueller and millions of people voted for me. Right. There is nothing more corrosive and antidemocratic and a fundamental betrayal. The idea is that no person is above the law. Just because you were elected, that doesnt put you above the law. And by the way, it is an argument he should fear because it turns out there are some people who are elected. They are called members of congress, and they are now going
to get into this investigation bigtime. I dont think the president will be very happy about those elected officials and what theyre about to investigate. One of those people is Elijah Cummings, who said President Trumps actions violate our constitutional fundamental principal of checks and balances. There should be no doubt about why. This has nothing to do with president ial harassment and everything to do with unprecedented obstruction. I wonder, neil, from listening to the president today whether this is a game in which he believes his base or his supporters will play or whether he has a fundamental misunderstanding of the fact that because he won an election it doesnt prevent a report being written about him, an investigation taking place about him and that Special CounselRobert Mueller isnt a guy off the street. Yeah. I think donald trump really does show that he believes that this constitution is all a time and its just subject to rhetoric
and being disregarded and the like. And i think representative cummings is exactly right. The most important duty he has as a member of congress is to stand up and be a check and balance. That is the genius that madison and hamilton and others gave us. The idea that no matter who the president is, no matter how wise that person may be, they have to be subject to checks and balancing. And chief among them is the role of congress. One of the things adam schiff was talking about, he told nbc news he wants to investigate whether trump or those around him might be compromised by a foreign government. One of the points that adam schiff is making is that he could get obsessed about donald trump preelection and what he may have done to get elected. Those appear to be the things alleged to be involved are actual crimes for which Michael Cohen has been found guilty. That said, there are concerns about what donald trump is doing
as president or under what influence he may be as president. Adam schiff seems to be indicating theyre more interested in that. Yeah. So i think schiff is on to something really important as the nation awaits the Mueller Report. It is important for everyone to know muellers mandate is a criminal mandate and sometimes a Counter Intelligence mandate, but it is not going to get into all the stuff about Whether Mueller whether trump lied about the russians, for example, in 2016 when he said he had no Business Dealing with the russians. It could conceivably get into it, but it is likely not to because lying to the American Public, while horrible, turns out not to be a crime. I think schiff and others in congress will have to investigate these other things. You could say this is this long prolonged witch hunt, but it is a witch hunt of the president s own making. This is a president who has surrounded himself with people and who himself has lied about russia repeatedly. And someone has got to get to the bottom line truth. And when trump doesnt even bother to show up in muellers office and testify, someone has got to figure out, you know, what actually happened with russia and what is continuing to happen with russia. We talked about Elijah Cummings on oversight. And then there is adler. All three committees taking a different approach in how to get the necessary information. On monday there was a deadline for one of the committees to get subpoenas. Let me tell you what that Wall Street Journal is reporting. Planning to request documents from other trump connected officials. Planning to send a second wave of document requests to associates of President Trump including trump lawyer Rudy Giuliani and a former lawyer for Michael Cohen who last year sought a pardon on his clients behalf according to a person familiar with the committees plans. Other individuals likely to be
sent requests include Rex Tillerson and gary cohen, an investment banker. Neil, there is going to be no stone left unturned by this congress. So if there is anything that donald trump has been up to, there wont be a place to hide. I hope thats right because for two Years Congress sat on its hands and did nothing to investigate trump and, you know, this is someone who has repeatedly denied federal law just, you know, one example that gary cohen questionnaire that the judiciary commit tee is sending. Gary cohen complained about the fact that President Trump tried to block the time warner merger with at t because he was so upset by the coverage on the rival network on cnn. That is a blatant abuse of power. Again, it might not be criminal, but it is exactly the kind of thing our founders wrote the Impeachment Clause all about. So, again, as we think and await
the Mueller Report, i think the most important thing is to understand it is only limited to crimes. It is not limited to these other things. Thats why you see House Judiciary Chairman Adler stepping up and saying, ive got to investigate this stuff. Thank you for joining me. Coming up next, president ial candidate Secretary Kon the president s apparent unwilling to cooperate. And the Mueller Administration keeps losing policy fights it should have won. Have won. Lieve it. That theres a lobster in our hot tub . Lobster oh, you guys. Theres a jet oh. I needed this. No, i cant believe how easy it was to save hundreds of dollars on our Car Insurance with geico. We could have been doing this a long time ago. So, you guys staying at the hotel . Yeah, we just got married. Oh hoho congratulations thank you. Yeah, im afraid of commitment. And being boiled alive. Oh, shoot. Believe it. Geico could save you 15 or more on Car Insurance. That guys the worst. Can we talk . We used to play so beautifully together. Now we can barely play anything. Even cards with the girls. If you have bent fingers, and cant lay your hand flat, talk to your doctor. It may be dupuytrens contracture. Your hand is talking. Isnt it time you listened . There are nonsurgical options. Take the first step. And learn more about dupuytrens. At factsonhand. Com
this week President Trump has ramped up his prolific twitter usage. He tweeted more than 50 times over the weekend and sent more than 30 tweets since the week began. As the president continues to make the most of his executive time, the daytoday work of actually running the country seems to be falling by the wife si side. Just this week after the deadly malfunction in the boeing 737 crisis, the president finally got around to appointing someone to run the federal aviation administration. After failing to find a replacement for john kelly, the white house is reportedly planning to drop the word acting from acting white house Chief Of Staff mick mulvaney. He is doing that job in addition
to his other job as the head of the office of management and budget. This week, we learned there are even bigger Staffing Problems in the Trump Administration. Some of trumps appointees, who have actually been confirmed by the senate are apparently taking their cues on how to do their job from President Trump. On monday, nbc news reported that housing and urban development has kept a light work schedule while running the agency. A list of appointments in 2017 shows that he held one senior staff meeting a week and spent half of his fridays leaving early or taking the day off altogether so he could fly to his mansion in florida for the weekend. Sounds like someone you know . Im joined by hudd secretary from 2014 to 2017. He is currently the only former head of a federal agency running for president. And prior to that, he was the mayor of san antonio. Good to see you. Thank you for being with us. Hey, great to be with you. I want to go through a bunch of policy things, but i want to tell you the Associated Press is reporting now that the Prime Minister of new zealand has announced an immediate ban on all Assault Weapons, military style semiautomatic weapons. It took them under a week to do that. It is amazing, isnt it . Im glad to see that. Those are weapons of war. I dont think they have any place out there on the streets. I believe the United States should reinstate an updated Assault Weapons ban. Probably the most shameful moment in congress over the last decade was right after the tragedy at new town when president obama implored congress to do something on common sense gun reform, even something as straightforward and as supported by 90 of the American Public as universal Background Checks and the
republican controlled congress did not lift a finger, even though more than two does children had died. What we see in new zealand tonight is Something Different and positive. I believe we need to get to a point where enough politicians, especially republican ones, are willing to stand up to groups like the nra and to, you know, pass common sense gun reform. Universal Background Checks, limiting the capacity of magazines and an Assault Weapons ban. I want to ask you about a topic that you and other candidates have been talking about this week. That is about the Electoral College. There are a number of people in this country who think the system needs reforming. Elizabeth warren has said he thinks we should get rid of the Electoral College. Its got to go because people in his conservative state dont count in some elections. Where do you stand on this . I agree. It should be abolished. By the way, as folks may remember, both donald trump and Hillary Clinton who ran against each other in 2016 at different points had called for doing away with the Electoral College. We have had two people now who won the popular vote in the last 20 years who did not become president. And a lot of times folks will say, well, you know, the Electoral College protects especially the small states, president ial candidates wont get out to the smaller states if we dont keep it. I pledge to visit all 50 states. I know that some of the other candidates have pledged to visit all 50 states during this campaignme campaignme campaignment. So just shows you that that doesnt mean, even if you did away with the Electoral College
that people are not going to visit or go campaign and ask for the support of folks that live in some of these smaller states. Theyre going to go everywhere during this campaign. I want to talk to you about the Supreme Court. The hill reported one idea talked up would reform the Supreme Court so that republican appointed five justices and democrats appointed five justices. The ten would mutually agree on an additional five bringing the number to 15. Donald trump already said he thinks thats a terrible idea. What do you think . Well, you know, of the different ideas that have been proposed, the one that intrigues me the most is Something Like term limits, even if they were long terms. Something that balances it out bipartisan ship, i think, also could make sense. What i wouldnt want to see happen is just a straight increase in the number of justices without reforming how
the appointments are done because the problem with that is that you could raise the number to 11 next year and then 10 years from now the other party could try to raise it to 15 so they could have their president appoint several new justices. So my preference would be for us to remain at 9 and do it the way that we have been doing it. But of the different proposals that have been out there, i would be most open to something that looks at term limits. Let me ask you your thoughts in the race. How do you feel youre doing and what do you think americans need to know about you . I think were steadily building momentum. Im going out there visiting these different states. I can tell when i get in front of folks, i have gained a lot of traction. I was in idaho and utah like i said because i believe that everybody counts. Thats the reason that i went out to puerto rico right after i announced. You know, folks have asked, well, you know, how do you feel about the fact that you are not a front runner right now. And i point out two things. Number one, that theyre 46 weeks until the iowa caucus, right, but who is counting. There is a long time. And secondly, you know, i was not born, nor did i grow up a front runner. I cant think of a single time in my life when i have been a front runner at something. But i have been successful because im going to put in the hard work of going to speak to americans everywhere. And there are a lot of folks in this country right now who dont feel like a front runner. Im going to go and talk to them, and im going to make sure they hear my message, that what we need to do is to create the sma smartest, nation on earth. Im one of the few candidates in this racened Im The Only One who has actually run one of the federal agencies. I have executive experience. I have a track record of getting things done and a very compelling vision for the future of the country. And, you know, i may not be ahead right now, but im confident that by the time february 3rd, 2020 rolls around when iowa caucuses, that i will be. It is a worthy enterprise. We thank you for participating in it. Coming up, the Trump Administration is ranking up a number of record losses in a way that you havent heard of. Its caused mostly by incompetence. Ill tell you about that next. Incompetence ill tell you about that next. mom vo we fit a lot of life into our subaru forester. dad its good to be back. mom it sure is. mom vo over the years, we trusted it to carry and protect the things that were most important to us. We always knew we had a lot of life ahead of us. mom remember this . mom vo thats why we chose a car that we knew would be there for us through it all. male vo welcome to the allnew 2019 subaru forester. The longestlasting, most trusted forester ever. 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An extraordinary record of legal defeat that stymied large parts of the president s agenda. Legal experts argue that the real reason is because the Trump Administration is rushing to Employment Policy changes without explaining why. Bill bus by who has studied trumps record tells the post that Administration Officials quote dont even come close to explaining their actions, making it very easy for the courts to reject them, because theyre not doing their homework. Take for example the white house attempt to revoke the program protecting young children. Four different judges who ruled against the Trump Administration came to the same conclusion the post notes, quote, that the governments stated reason for ending daca that it was unlawful was virtually unexplained. Three judges rejected adding a question about citizenship to the 2020 census because they did not find commerce secretary w l rosss argument that it would improve Voting Rights believable. Numerous courts have struck down the courts efforts citing failure to defend their actions. Courts have blocked trumps ban on transgender people serving in the military, his attempt to pull funding from Sanctuary Cities and his promise to revoke grant money from teen pregnancy programs. The post reports that the normal win rate for the government in such cases is about 70 . But as of midjanuary, a database maintained by the institute for policy policy pol shows trumps win rate at 6 . What that means for pending cases like Trumps National emergency declaration. Y declara. Introducing the allnew 2019 ford ranger, its the right gear. With a terrain Management System for. This. A bash plate for. That. An electronic locking Rear Differential for. Yeah. This. Heading to the supermarket . Get any truck. Heading out here . Get the ford ranger. The only adventure gear built ford tough. If you have moderate to severe plaque psoriasis, every day can begin with flakes. 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The Big Drug Companies dont see they see us as profits. Were paying the highest Prescription Drug prices in the world so they can make billions . Americans shouldnt have to choose between buying medication and buying food for our families. Its time for someone to look out for us. Congress, stop the greed. Cut drug prices now. Joining us now bill busby. He has been following and studying the trump following an studying the Trump Administrations court cases since 2017 when he noticed they were making Policy Changes and deregulating in ways that he says were illegal. David leonhart is also back with us. Bill, what made you think that these ways in which the administration was deregulating were illegal . Given that this is something the president ran on and you can see in places like the Consumer FinancialProtection Bureau or the epa or the Department Of Energy put people in there to do what his opinion, in his opinion is gods work of deregulating. Yes. Agencies certainly usually have some room to shift policies with new president s. But they have to follow the rules. And the rules require them to look at what statutes require and go through the process set
by congress and provide good reasons for any change. And right away if was apparent to me that what they were doing was trying make shortcuts and not do the work but nonetheless get the mileage of knocking out past regulations. And that wasnt going to work, and i said so. And so far it has not been working for the its truly remarkable when you look at these numbers, what the win rate would typically be in government cases around 70 , and seeing a 6 rate with this administration. David, it does seem to be an issue, though, with how the president perceives justice. Lets just listen to what he had to say about his National Emergency and how thats going oplay out in the courts. We will have a National Emergency and we will then be sued and they will sue us in the 9th circuit even though it shouldnt be there and we will possibly get a bad ruling and then well get another bad ruling and then well end up in the Supreme Court and hopefully well get a fair shake and well
win in the Supreme Court. Notwithstanding the unusual delivery, the president there, david, talked about it shouldnt be there and then he said bad ruling twice. So theres no real sense of the application of justice and fairmindedness and judges who will consider something. Its either bad or good in his mind. Thats right. Its very outcomeoriented. And we know that President Trump rejects all kinds of core parts of our constitutional system. He rejects separation of powers. He rejects all kinds of things. And so far weve seen Congress Really bend to his will. The republicans in congress. Theyve basically for the most part done whatever he has wanted. The courts so far have mostly held. They have pushed back against the president when he has tried to do extralegal things. Theyve pushed back against the president when hes been sloppy. And so that is something to be to feel very good about. The one reason to have some anxiety about this is what trump said at the end of that clip, which is the Supreme Court. The john roberts Supreme Court has alternated at times i dont agree with him philosophically, but at times they really have stood up for the rule of law and other times theyve acted more like partisan legislators who are going to vote based on whether theyre an r or a d. And i am worried, i am anxious about what the Supreme Court is going to do when some of these cases reach the Supreme Court because if they overturn what lower courts did it doesnt matter that much that lower courts stood up to the president. Bill, david brings up things that are extralegal, things that are sloppy. But according to the Washington Post theres another ingredient here in some of these cases and its the rhetoric. Its Donald Trumps rhetoric. Let me just read to you from this article. Contributing to the losing record has been trump himself. His reported comments about shole countries, for example, helped convince u. S. District judge edward m. Chen in San Francisco that the administrations decision to end temporary protected status for hundreds of thousands of immigrants from central america, haiti and sudan was motivated by racial and ethnic bias. At least a dozen decisions have
involved trump tweets or comments. Strikes me, bill, that that falls ton a similar category of ill preparedness when taking these matters to court. Yeah. It certainly could. Judges expect agencies to follow the law, and that requires them to really look carefully at the law and the evidence and make decisions based on what congress has required. And if a president and perhaps Agency Officials have a sort of prejudgment or frankly disregard for the law it certainly cant help the agency thats trying defend itself in court. Gentlemen, thank you for your time tonight. Bill buzbee is a professor of law at Georgetown University law center and expert on regulation and administrative law. David leonhartd is an Opinion Editor and columnist for the New York Times. Up next in tonights last word, one of the Democratic Candidates for president crossed a historymaking milestone. Thats next in tonights last word. Thats next in tonights last word. Car for people who Dont Play Golf . Hey mercedes mix it up a little. How about something for a guy who doesnt want a Corner Office . Hey mercedes, i dont even own a tie. Do you think i need a Mahogany Dashboard . Hey mercedes, can you make it a little cooler in here . [ aclass ] i am setting the temperature [ aclass ] to 68 degrees. We hear you. We made a car that does, too. The allnew aclass. Allnew thinking starting at 32,500. Around the clock. And with a 0 copay, thats something to groove about. Lets groove tonight. Toujeo® is used to control High Blood Sugar in adults with diabetes. It contains 3 times as much insulin in 1 milliliter as standard insulin. Dont use toujeo® to treat diabetic ketoacidosis,
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