Any nominees in president ial history. Chuck schumer talking about being sick to his stomach over jeff sessions. The obstructionism. Lou do you think he really is he looks like hes in political theater, he doesnt mean any word that he utters. Its all they have got in their arsenal. They dont have the votes and they dont have the Supreme Court. The on thing that would have been shocking is the 9th circuit, the notoriously leftleaning court would have support the Constitutional Authority the president has. This is business as usual on temporary restraining orders from this 9th Circuit Court. What people ought to stop forgetting is how this president continues to prevail. He will out last them and out will them. I dont know why people are foregetting the complexion of the Supreme Court in 6 to 8 weeks. Take a chill pill and realize you will prevail. Lou you are quoting rahm emanuel these days . I didnt mean that. Lou this obstructionism that goes on, and i think mike is exactly right. This president and the great team he put together in the white house are going to prevail. But the frustration level has to be extraordinary because in every respect, he has the will of the people to represent. He knows that he has ultimately the votes in the senate, whether it be confirmation or ultimately legislation along with the house. Ways your sense right now of whether the democrats will no matter how feut futile, will continue to be o to be obstreped banal. The Democratic Party is in sham bells. They are not sure how to effectively oppose the president. The media is having fainting spells five, six times every day. Thats all we are seeing every day. Every single thing the president does they have a fainting spell and come out with guns blazing, instead of pick and choosing which fights are important and which arent. If puck picture the media losing its mind over kellyanne recommending people buy ivankas products. Think about this. Some of the republicans led by coma get in the house going after ethics considerations. Are you out of your minds over there . They are just such little darlings. It many petty and nasty. Not all the daffodils are in the Democratic Party. Candidate trump. Its important to watch their track record. Lou mccain today, the president went after him again. Mccain did misspeak without question on the raid in which the u. S. Navy seal was killed. Your reaction, bre, to the harsh tone the president brought to the disagreement with senator mccain. I think it objective of the ladies classified, i think you or i will not know if the raid was a success or ultimately fit was a failure. Thats something the president knows as the commanderinchief. Lou his point is mccain shouldnt have opened his mouth about it, and i dont think there is much argument that it was a poor decision on the part of mccain. I think he did maybe step into hot water by talking about that. However, in response to what the president had to say about it. At the end of the day, john mccain is a war hero. We should be careful in how we talk about it. We all honor senator mccains service, but it doesnt mean hes treated with kid gloves or cant disagree with him. Lou dishonor the service of another who served the country and made the ultimate sacrifice, i dont think there is any arguing with the president on that. The senator was wrong. The tone is, you know, pure trump. And thats one of the reasons we put him there. We have. Commander in chief who doesnt want to call a mission a hero, even when a hero dies for his country. Lou its a tough time and people will have to get used to one thing. The president of the United States is going to prevail on this. And hes insisting on plain spokenness. I think he deserves great credit for that. Neil gorsuch, its a federalist. The hair phage Foundation Vet this fellow. This man looks terrific on paper. Hes making comments that hes disheartened at the criticism criticizing our president , his president who nominated him to the highest court in the land. What is wrong with him . As you have say, it does seem kinds of odd that a Supreme Court nominee would go around and almost kinds of talk about him behind his back. That seems kinds of odd. Im wondering that maybe hes talking in this way in cahoots with the white house. As we mentioned earlier. The democrats have been crazy in opposing every Single Person the president has nominated. Even uncontroversial figures like betsy devos. Lou this is as sorry currency ofisrespect for th president. Its a sorry currency to win nomination. I think the standard should be much higher than that. I hope what you and others on this broadcast suggested simply isnt the case. This man has enough character and intellect and talent to stand on his own. You are completely right. But what i was trying to say is im wonder if the directive came from the white house. I like the argument thats make that perhaps this is a way to have day slight between the Supreme Court nominee and the Trump Administration which will make his confirmation process even all the easier. Who knows. Thank you all. We appreciate it. Thank you both. Up next, the Trump Administration confident it will prevail in court after today sphms reversal from the 9th Circuit Court. This ruling does not affect the merits its an interim ruling and we are fully confident that now well get our day in court and have an opportunity to argue this on the merits that well prevail. Lou well be right back. Stay with us. Afoot and lighthearted i take to the open road. Healthy, free, the world before me, the long brown path before me leading wherever i choose. The east and the west are mine. The north and the south are mine. All seems beautiful to me. Lou welcome back. Another busy day for the president who hosted a group of bipartisan senators lobbying both parties to back his Supreme Court nominee neil gorsuch. But republicans only hold 52 seats. They will need 8 democrats to join them to override a filibuster. A lot of people are liking it very much on the other side. I think that because of politics they are not going to vote for him. Thats a shame because thats not being honest its one of the reasons our country is in stagnation in so many different forms and so many different ways. Well see what happens. I think hes doing very well. Lou former senator kelly ayotte who lost her seat in part because she was a never trumper is ironically helping gorsuch as he speaks with senators, trying to clarify controversial comments senator blumenthal claims gorsuch made to him. Judge gorsuch made it clear in all of his discussions with senators that he could not comment on any specific cases and political matters. The president is going to speak his mind. It goes back to thomas jefferson. President s have commented on judicial nominees. The idea of one branch talking about or commenting on another branch is as old as our rub. As as our republic. I find it interesting when President Trump criticized the Supreme Court for Citizens United in the state of the union there will be wasnt concern about that. Lou . Established three department of Justice Task Forces to fight the mexican drug cartels, reduce Violent Crime in this country and reduce attacks against our Law Enforcement officers. Lou 9 out of 13 Appellate Courts are liberal and they act like it. We have a judicial emergency here. First all on the issue of this e. U. Donald trump has the moral case, the clear legal case and the politics of this will work out for the republicans as well. But that being the issue that under lines it is our security and our very lives. But when it comes to the question how republicans handle judges and democrats handle judges including the Supreme Court. We have a woeful record its time to reverse that. And with the nomination of neil gorsuch and several openings on the Supreme Court. Lou neil gorsuch and the irony of it happening in this 24hour period. Saying our judiciary should be beyond scrutiny and public criticism, that to me was a statement by a i should be kinder it was not a wise statement or one that makes any sense at all objectively coming from a man with a ph. D from oxford and want to colombia and harvard. What could he possibly have been thinking to say that, gayle . Clearly thats not the case. Because otherwise we wouldnt see people going to protest in front of the Supreme Court. We talked talked about president obama lecturing the Supreme Court. In the runup to the first Obamacare Decision president obama lectured the Supreme Court justice s from the rose garden at the white house. Clearly the Supreme Court is subject to political pressure. That should not be the case. But its become more and more mitt sized as we have gotten away from the black letter of the constitution and the Supreme Court justices on the left decided to invent a panoply of new rights the founders never envisioned. Lou lets turn to this confirmation process. He point out this evening that three of the president s nominees, tillerson, devos, and sessions all have the greatest opposition of any president ial nominee in president ial history. Is that in itself enough to say to Mitch Mcconnell the majority leader of the senate its time to go nuclear and work on the simple majority for Supreme Court nominees, for confirmation, for everything. Move ahead because the democrats are intractable. They are unreasonable. And absolutely fervently committed to destruction of not on this administration, but to in the instance of the 9th Circuit Court of appeal, an ideological conflict that they give a damn about National Security. I think Mitch Mcconnell and the republican nors will do he legal thing they can to get neil gorsuch confirmed. They dont want to act like they cant get the votes beforehand. There has never been a successful aggressive filibuster against a Supreme Court nominee. If the democrats decide to do this, its war. Howie its war now. And you are going to have greater casualties. Im very distressed the way this nominee to the Supreme Court neil gorsuch has conducted himself and the classless remarks he made about the president. But i think that he deserves confirmation. And to lose him would be i think disastrous. The problem with his comments if he made them if he made them. Lou they have been corroborated by kelly ayotte. The other people from the white house, they have been confirmed by senator ben sasse. Its not a one source. I would not be this far out on this particular platform if it were not corroborated. This is not a onesource issue. Assuming he said it, the problem is not that it deputy straight a lack of loyalty to President Trump or a lack of gratitude for the nomination. The problem is this is what republicans always fall into, thinking if they curry favor with the democrats within that that will appease the left. It never ever works. And this is one more example. I agree with gayle. Lou how about me, do you agree with me . We need kowrnous people on the nations coast last resort because every big issue will go there. The Court Intervenes on everything. Lou matt, thanks for being with us. On wall street a recordbreaking day for stocks. All that concern about trump policy and Economic Policy prescriptions. We gained over 2. 2 trisince hen since he was elected. All indexes at new alltime highs. Volume on the big board 3. 3 billion shares. Shares of twitter down after they posted a net loss in the third quarter. Will the president appeal to the Supreme Court . A live report coming up from the highest court. Some of the countrys best legal mind join me here shortly. Stay with us as we assess all of the breaking developments. Our special coverage of the 9th Circuit Court of appeals, its ruling and the Trump Administrations response continues. This lovely lady has a typical Airline Credit card. So she only earns double miles on purchases whatd you earn double miles on, please . Ugh. Thats unfortunate. Theres a better option. The capital one venture card. With venture, you earn unlimited double miles on every purchase, everywhere, every day. Not just airline purchases. Seems like a nobrainer. Whats in your wallet . One of many pieces in my life. So when my asthma symptoms kept coming back on my longterm control medicine. 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Ask your doctor if 24hour breo could be a missing piece for you. Learn more about better breathing at mybreo. Com. This is one gorgeous truck. Special edition. Oh, did i say theres only one special edition . Because, actually theres 5. Aaaahh ooohh uh holy mackerel. Wow. Nice. Strength and style. Which ones your favorite . Come home with me its truck month find your tag for an average total value over 11,000 on Chevy Silverado all star editions when you finance through gm financial. Find new roads at your local chevy dealer. Lou just over two hour ago the 9th Circuit Court in San Francisco ruled against President Trumps executive order calling for extreme vetting. A lot of legal expert believe because of the issues involved in this case that eventually the Supreme Court will hear it. However, the issue tonight and Going Forward from the Trump Administration is whether it wants to file for an emergency appeal to either stay the stay which is or to overrule the stay to keep this injunction of the president s executive order from Going Forward. The Administration Says it is looking at you will it Legal Options and reviewing the decision. But as of right now its point towing a tweet from the president that you probably already reported on saying see if you court. This is an issue of National Security. If the Administration Files an emergency appeal it will go to streamp Supreme Court Justice Anthony kennedy who has jurisdiction over the 9th circuit within the state out west. He could ignore the appeal and let the Appellate Court decision stay in place or he could decide personally if he want to overright and let the Legal Proceedings continue. But he can also ask this fellow justices on this court because of the important issues involved whether they want to hear this case, in which case you are back to the question of the divided court, and if the divided court were to split on ideological lines, it would be just the Appellate Court decision would behest in place. So try to play all the options out here. Thats what the legal scenario looks like from the Supreme Courts point of view. Lou there are a few breaks in the path here for whatever does transpire in which if thats what the court does, stay split along ideological lines, the 9th Court Decision stand which supports the District Court judge in the Western District of washington. And not a wonderful contemplation for this president who is trying to pursue this zuttive order and implement it in the interest of National Security. Peter, thank you so much for being with us here. Peter barnes, keep us apprised as always. Courts on the west coast are proving to be troublesome for the Trump Administration. Dan springer is in seattle where judge james robart first blocked the president s executive order. Reporter following up on peters report on what the president tweeted about, well see if you court. The democratic governor of Washington State said we have seen if you court and we have beaten you. His attorney general says we have seen you in court twice and we are 22. They are claiming complete victory. That they have taken him on twice. And of the four judges they have seen. Two were appointed by republican president s. But we have done some research on the 9th Circuit Court of appeal is heavily stacked with appointees of the jimmy carter presidency and we did a little research. In 2012, an especially bad year for that court. Of the cases reviewed by the Supreme Court. 86 of the 9th Circuit Court of appeal case were overturned. They dont review all of the ruling from the 9th. But of those they decided to take a look at, 86 were overturned. So this is by no means a final victory for washington and their lawyers. They believe they will win at the Supreme Court and they say they will take it all the way up there if they need to. Lou that victory could cost american lives. So i hope they are not clicking their heels too loudly. Up next, President Trump insisted his executive order is legal. Here it is. People coming in. Suspend. The entry of all aliens. Right . Its not like again, a bad High School Student would understand this. Lou attorneys david ritman and john hoffman join me n n n n n Liberty Mutual stood with me when i was too busy with the kids to get a repair estimate. Liberty did what . Yeah, with Liberty Mutual all i needed to do to get an estimate was snap a photo of the damage and voila voila sigh i wish my Insurance Company had that. Wait hold it. Hold it boys. Theres supposed to be three of you. Wheres your brother . Wheres your brother . 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Watch out, piggies child giggles symbicort. Breathe better starting within 5 minutes. Get symbicort free for up to one year. Visit saveonsymbicort. Com today to learn more. Lou joining me now, a senior fellow for the defense of democracies. He served for president reagan and george w. Bush. And adjunct scholar at the cato institute. Thank you both for being with us. David, thank you for your return return. Josh, lets get a sentence where we are headed. We have 70 of the Appellate Courts that are liberal in large measure because of the impetus given in the deployment of president obama. In the case of the 9th circuit, its appalling. They seem to be practicing law from the bench thats wildly left wing and disappointing to just about everybody. There is one judge on the 9th sir cut, peter winehart. He often jokes, they cant catch them all. Hes quite serious about it. President trump can emergency stay from the Supreme Court and thats followed by justice kennedy. Then he would need five votes to get a stay of this ruling. Then he can file a petition stating this is such an sphornt case the court should hear it right now. But the problem is if hes down to 8 and Justice Gorsuch will not be on the bench. There is a risk going to the Supreme Court and losing. It might be better coming back to the court when you have a full bench in stock. Lou do you have you have a sense of what the Trump Administration might do in that case . There are a couple more options. The administration can decide to gain time and allow this to return back to judge robart. Not because they will get a good shake from him. Then take it up to the Supreme Court once judge gorsuch has been confirmed. Or the administration can with draw this ortdsr withdraw thr and sidestep some of the portions of the decision. I dont know what they are going to do. But i wanted to say this is not about the executive order anymore. This is about a fundamental separation of power. Pun press dont Judicial Authority that frankly strikes not only at President Trump and this administration but both political branches. Thats enormously dangerous. Lou you say the many no longer simply about the executive order its also in addition to the aggrandizement of the judiciary, it is also leaving the nation vulnerable to a National Security threat as the court has made this ruleing, and that migt limit, might it not, josh, the option david pro poatds which is to wait it out, because american lives quite frankly are at is png. One are at risk. One of the judges said the government provided zero evidence that anyone from these seven countries have perpetrate an attack on the United States. The four suspects when they were arrested. They said unless you can show that someone from these 7 countries actually participated in a terrorist act. Lou that would be effectively saying to all of our intelligence agencies that you have concluded there is a risk of a date certain in a way in which americans will be killed, our property destroyed and a terrorist attack dismissing it baits hasnt occurred yet. That is true. But its more than bizarre. To inject a note of sanity. The Supreme Court dealing with Foreign Policy affairs. It held clearly, the judiciary is incapable and constitutionally precluded from intruding because they have neither the resources north knowledge to engage in threat assessment. So they are not supposed to engage in any threat assessment. Ill give you one better. The court toughly said that the obamaed a the Trump Administration can supply classified information to the court. Thats what they suggested. Lou given all thats going none this country, our highly contested and president ial elections. The alienation, the polarization, and now a judiciary that is so politicized that it is frankly rancid with the prospect partisanship and ideological judgment rather than a judicial system ready to make an honest, open objective decision. Its a terrible thing. If this logic was applied before, the decisions of the same nature by the previous five president s would have been set aside. The fact that we have people who challenged this decision indicates nothing more than rampant use of warfare. Lou thank you for being with us. Up next, President Trump vowed to make mexico pay for the border wall. One leftist mexican politician is so outraged about that, hes coming to the United States. Ill take that up next. Who invited him . Who gave him the visa . Whats going on . Who else can we bring in . Vladimir putin . Who knows. Lou elected the president ial hopeful and past candidate will be visiting the United States to talk about president obamas quote poisonous rhetoric. Referring his rhetoric as poisonous seems like poisonous rhetoric to me. How about you . Twotime president ial runner up. Andre lopez claims psident trump has shown disrespect for his country. So hes coming to california to talk with Illegal Immigrants who have shown less than respect for america and its citizens and its laws. Back with me now, veteran of 10 president ial campaigns and republican strategist ed rollins. Glad to have you back. Obrador. Who gave him the advisa . Hes a twotime loser. That would be the first thing going out on the trump tweet. Secondly, what i would do if i was advising the president which im not. I think its important that he bring secretary kelly, the head of Homeland Security and say you have the responsibility to making sure this vetting, well pursue a judicial process here. Right now, right now its your responsibility and the people at Homeland Security, the Largest Agency in government to enforce our border for rules. You know what i want and i want it done. Lou maybe have the fourstar general meet obrador at the airport as well. Start negotiating that price tag. It many goods going to l. A. He can meet with pelosi and jerry brown and the illegals to talk about wait will be like when california is a separate state and nation. Lou it seems to me the president was in good humor. He was controlled. But hes obviously frustrated. But his tone and constraint i thought was commendable. Hes got real experience now. He has been in the office three weeks. Lou not until tomorrow. Do you love the way i will refer to senator schumer as the head clown as the president does out of respect to the president. The head clown, sitting there making all of these ridiculous remarks and claims and going on about his policies. Hes been in office three weeks tomorrow. And it just seems like an absurd moment in history for the left to be reacting and overreacting and so simply vile. I love schumer saying lets have bipartisanship. Whos leading. Put ten of your partisans on the line. We would be more willing to listen to those discussions. They are very antitrump and will be for the rest of his term. Lou ed rollins. Up next, President Trump accusing the 9th Circuit Court of playing politics. Ruling against his order. Its a political decision. You believe the judges we have a situation where the security of our country is at stake. And its a very, very serious situation. So we look forward as i just said to see them in court. Lou attorney, form law clerk for Justice Alito Barbara Smith joins us next. Afoot and lighthearted i take to the open road. Healthy, free, the world before me, the long brown path before me leading wherever i choose. The east and the west are mine. The north and the south are mine. All seems beautiful to me. Why pause a spontaneous moment . Cialis for daily use treats ed and the urinary symptoms of bph. 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Like in plattsburgh, where the most advanced transportation is already en route. And in corning, where the future is materializing. Let us help grow your companys tomorrow today at esd. Ny. Gov if you then youll know howuth, uncomfortable it can be. But did you know that the lack of saliva can also lead to tooth decay and bad breath . Well, there is biotene, specially formulated with moisturizers and lubricants. Biotene can provide soothing relief and it helps keep your mouth healthy too. Biotene, for people who suffer from a dry mouth. Lou in our online poll last night we asked, do you believe the fate of the nation depends on how quickly President Trump can start moving conservative judges into the leftwing judicial system . 91 of you have say yes. Joining me now, attorney Barbara Smith. She served as law clerk to Justice Samuel alito. I know that you follow the judicial system closely in all respects and the appellate 9th Circuit Court of appeals. They lived up to their reputation here tonight, dont you think . Indeed they have. I think there is a lot thats troubling about the merits of the courts opinion. Im happy to dive into one issue i found troubling. Thats the courts analysis on the governments likelihood of succeeding. But the executive order doesnt apply to lawful permanent residents and the court disregard that crucial fact in its analysis. Lou the ruling itself object its face. These folks along with the District Court judge in the Western District of the state of washington are making judgments about National Security as if they had both the standing and the expertise, and available knowledge of the Available Evidence about the intent of those who are terrorists. It was really a a striking and peculiar order in that respect as well. Youve hit on an important point. This is a case that involved both issues of security. When it comes to National Security and immigration, the constitution is clear those are the provinces of the political branches of congress. We have an example of congress and the president agreeing on what the policy of the nation should be when it comes to the ability to suspend immigration for certain classes of aliens. In my right probably not the proper rule of the court. Lou the likelihood of success in a court that is ideologically split, what should the president do . He has a couple of options. He could seek an knowledge appeal of the decision to the suem court a you mentioned currently has 8 membe. So that might be a tough optio and he could seek enbanc review and hope to get judges with a different view of the law. Or he could say im going to aban dont t. R. O. Posture of this case and go back to the trial judge and pursue the merits of the claim and see how the rest of the case unfolds. Lou President Trump looks all the more kowrnous as running as a populist and antiestablishment. Now confronting the court system which is so rife with bias and ideological preference that frankly i dont know how you can convince any american that they could get a fair trial and be treated equally under the law anywhere in this country. Im certainly not going to impute the motives of federal court judges. Lou you have to practice before them. I think reasonable people can disagree on what the law says. I think its pretty clear in this area and the 9th circuit got it wrong. Lou it interesting that these wrong views at least in your opinion and mine all seem to originate in court dominated by liberals and democratically appointed justices and judges. At some point you have to defer it seems to me reasonably to the evidence and the causal relationship between the two, and thats way was referring to when i said partisanship is rife in our court system. You are right to highlight the nomination of strict constructionists and constitutionalists to the coast appeals and the Supreme Court is extremely important. Lou thats it for us tonight. We thank you for being with us in our special coverage of the 9th Circuit Courts decision. Ill be joining sean hannity tonight. Watch us at 10 00 p. M. Eastern on the fox news channel. Ack tonight Jefferson Beauregard sessions officially are nations attorney general. What. What will that mean for Law Enforcement and personal are but a quick stand up raneau is here plus could mse of tax cuts . Brain ranford is here to tell us how those cuts could fatten our wallets and get the economy humming. Huge new report with chilling statistics. Grab a megaphone. Jeff sessions has been sworn in as her our new attorney general and all i can say is at least hes not chris christie. Sessions
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