American migrants are at our seven border. Hello and welcome to fox news night. I am Shannon Bream in washington. Upping the stakes tonight, chairman of the Senate Judiciary committee weighing in. Senator Chuck Grassley tweeting chief Justice Roberts rebuked trump for a comment he made about judges decision on asylum. I dont recall the chief attacking obama when that president rebuked Justice Alito during a state of the union. Washington post in 2015 said wondering why does president obama criticized the Supreme Court so much . Kristin fisher is looking into the details. Good evening. President trump challenging individual judges and rulings here is nothing new. What is new in truly unprecedented if that the chief justice of the Supreme Court has finally responded. Tensions between the executive and Judicial Branch of the Trump Administration have been building for some time but it really boiled over when u. S. District judge john tager, an obama appointee, ruled against the administrations asylum policies. The caravan of migrants moves closer to the United States, President Trump tried to change u. S. Asylum policy so that no one could apply for asylum if they entered the country illegally. They had to apply for asylum at an official point of entry. Yesterday judge tigar ruled against it. Every case filed in the ninth circuit, we get beaten and then we end up having to go to the Supreme Court, like the travel ban that we won. The ninth circuit, weve got to have to look at that. Every case, no matter where it is, they file it practically for all intents and purposes, they file it in whats called the ninth circuit. This was an obama judge. Thats what led to the chief justices unprecedented rebuke. He told the Associated Press today that we do not have obama judges or trump judges, bush judges or clinton judges. What we have is an extra ordinary group of dedicated judges doing their level best to do equal right to those appearing before them. President trump fired back with this. Sorry chief Justice John Roberts but you do indeed have obama judges and they have a much different point of view than those who are charged with the safety of our country. Going back to the 202016 campaign. What he did with obamacare was disgraceful. I think he did that because he wanted to be popular with inside the beltway or something. He is so disappointing to me. Remember during the campaign, then candidate trump also referred to a u. S. Born charge of mexican descent who was presiding over a lawsuit against trump university, he referred to him as a mexican who would not be able to roll fairly because of then candidate trumps proposal to build a wall on the southern border. These kinds of attacks against the judiciary are nothing new, shannon. For the chief justice to respond, that has not happened until today. Shannon kristin fisher, thank you very much. House republicans grandly to finish up investigative work before they lose control of their committee. That includes getting an update on the Clinton Foundation. Chief intelligence correspondent Catherine Herridge tells us what she is hearing. Why dont you give back the money . On the campaign trail, candidate trump had harsh words for the Clinton Foundation. Its a criminal enterprise. Saudi arabia giving 25 million, qatar, all these countries. Writing to Congress Last spring, Jeff Sessions tapped a utah federal prosecutor to prove the foundation was, tens of millions of dollars from foreign interests. While clinton was secretary of state. The Foundation Set up by clinton and her husband has consistently denied wrongdoing, House Republicans are now calling for hubert to testify about his findings. In a phone interview, congressman mark meadows said the hearing will be public. On december 5, the subcommittee on Government Operations will be holding a hearing where we will request mr. Uber or his deputy to come in and testify along with a couple whistleblowers potentially based on previous conversations with the departmet of justice. Weeks ago. They had indicated that mr. Hubert was making good progress. Saying that congressional investigators have new records. Theres a question of impropriety as it relates to the Clinton Foundation. Whether it is a quid pro quo, whether its improper use of charitable giving. Along with the foundation, huber is investigating surveillance warrants. The Inspector General investigating alleged surveillance abuses as well as media leaks by the doj and fbi to include former fbi director james comey and his memo about his meetings with the president. Fox news reached out to the u. S. Attorneys office in utah and the Clinton Foundation but there was no immediate response. With less than six weeks before the democrats take over the house, the huber testimony may be the republicans less chance to get Foundation Evidence into the congressional record. Shannon Catherine Herridge, thank you very much. Right, democrat Elijah Cummings says his committee will investigate president ial advisors ivanka trump and her husband Jared Kushner in connection with these of a private email account for official weight house business. We launched a bipartisan investigation last year and white house officials use of private email accounts for official business by the way it never gave us the information we requested. We need those documents to ensure ivanka trump, Jared Kushner and others officials are complying with federal records laws. We told you about Senate JudiciaryCommittee ChairmanChuck Grassley street tonight. Questioning white chief Justice Roberts didnt publicly condemn criticism of the high court. Much to discuss tonight. National security attorney, bradley moss. Former Deputy Assistant attorney general, john yoo. In 2015, the headline from the Washington Post asking why president obama was constantly taking on the Supreme Court so we want to play a couple things to remind folks about how he did clash with the court publicly. Last week the Supreme Court reversed a century of law that i believe will open the floodgates for special interests. Including foreign corporations. To spend without limit in our elections. Im confident the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a Strong Majority of the democratically elected congress. Shannon the second clip, he is referring to the Affordable Care act. At the time, and the justices were behind closed doors, hashing it out and getting it ready to write their opinions, the first one of the state of the union and got that characterization of the ruling so wrong that even politico excuse me. Politifact didnt buy it. Bradley, that is saying something. President trump is not the first one to have criticism of the judiciary, to criticize particular rulings. What you didnt hearing those clips that you played in which you wouldnt hear clips if you pulled it from bush, the petty, juvenile grade school mockery he uses. His twitter commentary, calling them socalled judges, saying they dont know what they are talking about, saying that they dont care about national security. That type of vitriol, that verbiage is what concerned the chief justice in my view and its why the chief justice did this rather unusual thing to publicly respond and say there are no obama judges or trump judges. Shannon john, give us some historical context. John roberts ought to grow up. He is a big boy. Judges are big boys and big girls. They have life tenure. They should not listen to what president s do. Their only job is to decide cases as they see them. President trump, in response to your question, follows a long line of president s who have attacked judges, attacked the Supreme Court and has done things much worse than President Trump. Thomas jefferson, andrew jackson, Abraham Lincoln and franklin roosevelt. Franklin roosevelt tried to pack the court, added six justices to the Supreme Court because he didnt like the way justices were trying to block the new deal. The real answer is that john roberts should stick his fingers in his ears and stop listening to President Trumps policies. Shannon a lot of people surprised he would engage in any way. Obviously hes going to be very defensive and protective of the way judges are viewed across the board. As to whether or not you can say someone is an obama judge or a trump judge, those kinds of things, we all know that president s choose judges that agree with their judicial philosophy. Here is Rush Limbaugh on the idea of pretending that thats not so. We sure as the ninth Circuit Court of appeals. Thats where they all go. Everyone knows we have obama judges. Obama has appointed leftwing hacks to act as judges. Shannon people would say president bush and President Trump picked people who lined up with their judicial philosophies but you wouldnt pick someone you thought was going to go against the way you view the constitution, statutory interpretation. Its a simplistic view that the president has on how judges operate. I litigate all the time. Ive litigated before bush, clinton, obama judges are now trump judges. By and large, small fraction of the cases, the judges are not what you think of in terms of they are just doing their politicians bidding. They apply the law as they saw it. Doesnt always go the original the way the original president who appointed them may have sought but thats how they do their job. Its the best view of how they see the lobbying applied. To characterize them as obama judges or trump judges is simply not the reality. Shannon judges i think take an oath not to be partisan, not to serve any particular interest. Wasting judges rule against, justices rule against the president to appoint them. They can be objective. The problem is we have to distinguish between partisanship and ideology. As you mentioned, one of the reasons we elect president s and one of the main reasons conservatives supported President Trump was because he promised to appoint a certain kind of judge who would limit his discretion to the original meaning of the constitution and obama judges in clinton judges are picked on very different ideological grounds. Not democratrepublican. Just different ways of looking at the constitution. Im afraid when you look at the lineup of judges who are resisting the president S Immigration order here and the travel ban before, they all tend to have been appointed by clinton and obama judges and the ones that upheld the ban tend to have been appointed by president bush, reagan were now trump. Thats what what the constitutn envisions because it gives the power to nominate justices in the president and gives their confirmation to an elected senate. The framers didnt want our judges to be actually kind of nonpartisan, neutral people. They wanted politics to be involved in their appointment. Shannon the fact is that these opponents of the president are no dummies. They filing ninth circuit for very specific purpose because they know their best chance is they are and thats just factual. John then bradley, thank you both and have a wonderful thanksgiving. No thanksgiving eve show would be complete without us reporting on the rotations of thanksgiving travel. There are traffic jams in los angeles. The rain is not helping things. Look at that. Aaa expecting the number of drivers this Holiday Season will spike to the biggest member since 2005. Traffic trouble hitting the bay area as well. Pictures from earlier tonight over emeryville california. If you are stuck behind the wheel and you need someone to blame other than yourself, well, heres what the president said in a tweet. You just cant win with the fake news media. A big story today is that because i have pushed so hard and gotten gasoline prices so low, more people are driving and i have caused traffic jams throughout our great nation. Sorry everyone that actually made me laugh. Aaa says while gas prices are dipping, they are still higher than they were this time last year. Be safe out there. The white house authorizes troops to use lethal force at the seven border. Defense chief jim mattis said theres a whole lot more to that story. We will explain. 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Hurry in food this big is only here for a limited time. Shannon defense secretary jim mattis revealing today the white house is giving him an Additional Authority to use the military at the border to protect customs and order personnel with lethal force if necessary. It could mean using the troops to temporarily detain migrants for minutes, not ours, we are told. In the event of violence against Border Patrol agents. General matters also saying that that leave a fourth authorization is not the same as a lethal force request which hao come from the Homeland Security. Soldiers deployed to the border are on unarmed. Theres been no call for lethal force from dhs. Right away i can say going back to your earlier point we dont have guns in their hands right now other than a couple ncos. Shannon the number of americans hiding immigration is a problem, the biggest problem in the u. S. , is rising sharply. This is all according to recent gallup polls. They keep running a list and a running track of a people that are the top issues. Edges of immigrations top problem are up eight Percentage Points in one month. Lets talk about it with tonights panel. Isaac wright, former acting i. C. E. Director tom homan and former chief of staff to senator mike lee, boyd matheson. Good to have you. I want to start with this, from the order signed today Via White House chief of staff general john kelly, he says credible evidence in intelligence indicate that Migrant Caravans originating from Central America and moving toward the seven border of the United States may prompt incidents of violence and disorder that could threaten u. S. Customs and Border Patrol and other u. S. Government personnel. Tom, we are being told Statement Like that are hyperbolic in their really overplaying the real threat the border. Though statements are 100 accurate, i can guarantee you that. I was the director of i can i know the Law Enforcement technis they are using. I wont show share them on open air but we know theres over 500 criminals in that one population. We know theres a lot of people that have been deported once before theyre going to if they reenter illegally, its a felony. Theres a lot of intelligence. The president , secretary of Homeland Security have access to the most sophisticated intelligence in the world and i know what Law Enforcement techniques they are using. You can count, be sure that the data is correct. Shannon i want to point to a monmouth poll asking about the seriousness of the illegal immigration problem. New numbers out november, numbers up 70 of people in america that they talk to consider it a somewhat serious or very serious problem. Isaac. I hope republicans keep reading the polls. Every poll i saw said americans number one concern was health care leading up to the election. Since then and given the Election Results