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tv   Special Report With Bret Baier  FOX News  February 9, 2017 1:00am-2:01am PST

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>> good evening prayer and welcome to washington. i am james rosen sitting in for bret baier. breaking tonight, president trump's pick to fill the vacancy on the supreme court apparently has a problem with some recent comments the president has made criticizing federal judges presiding over cases involving his immigration policy. this is americans across the country and citizens around the world wait with mounting tension for the appellate court decision expected as soon as tomorrow on president trump's executive order. the ruling will determine whether this order will remain suspended or go back into effect. either way, most observers predict this court battle is far from over with the case likely destined for the u.s.
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supreme court. we have team coverage. dan springer is in seattle. first, to chief white house correspondent john roberts life on the north lawn. >> james, good evening. the sharp language the president has used in attacking the ruling against his immigration ban. neil gorsuch telling richard blumenthal he found the verbal attacks that president has been leveling at members of the judiciary disheartening and demoralizing. white house officials as judge gorsuch was merely stating his views and there's no sign at this point that the president is about to back off. >> 212f, 8 usc, 1182f. a suspension of entry or imposition of restrictions by
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the president. >> the ninth circuit ponders the fate of the ban, president trump gave a public lesson in the law, reading the statute he says gives him the authority to do it. >> a bad high school student would understand this. to get the president is on the warpath against the courts, tweeting that federal district judge james robart's decision to suspend the gorsuch was horrible. warning if the u.s. does not win this case, we can never have the security and safety to which we are entitled. he was not impressed with what he heard from the ninth circuit last night. >> i listened to a bunch of stuff last night on television that was disgraceful. it was disgraceful. because what i just read he was what we have. and it just can't be written any plainer or better. >> and oral arguments, the court zeroed in on the president's intent and what he set on the campaign trail.
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is the executive board or a muslim ban in sheep's clothing? written to include everyone by targeting muslims? >> do you deny that statements attributed to that-candidate trump and his political advisors and most recently mr. giuliani, do you deny those statement were made? >> judge clifton, no. i would note that judge robart himself said that he wasn't going to look at campaign statements. >> a highly, highly respected judge in boston ruled very strongly in our favor. >> the president pointed to a federal judge in boston who suspended the executive order in its opening hours but reinstated it after determining it did not single out muslims. the press secretary today said the order is on solid ground legally. >> we've got to go back and remember that the doj's office of legal compliance vetted the order. we followed the entire process to make sure it was done
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correctly, constitutionally, legally. >> the president seemed to be bracing for a negative decision. >> i don't want to call a court biased so i won't call it biased and we haven't had a decision yet, but courts seem to be so political, and it would be so great for our justice system if they would be able to read a statement and do what's right. sticker if the president gets a favorable ruling he will restart his grace and ban immediately. if he doesn't, he'll have to fight out the constitutionality of the order in district court in seattle, a process that could take months. one other piece of business. fox news has learned and executive order is circular eating at the white house for comment would make good on another of the president's campaign promises to keep the detention center at guantanamo bay open indefinitely.
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>> james: no shortage of news at the white house. the federal appeals court based in san francisco that's expected to rule on the president's executive order probably tomorrow has long been known as the most liberal appellate bench in america. dan springer reports tonight on some of the decisions that have earned the ninth circuit that reputation prayed >> the ninth circuit court of appeals based in san francisco. in 2012 the supreme court reversed 86% of the rulings it reviewed from the ninth. perhaps the most controversial decision, striking down the pledge of allegiance due to the phrase "under god." it ruled and citizens have no constitutional right to own gun guns. critics deride the corridors calling at the ninth circus. jeff flake is the latest republican to introduce legislation to break up the ninth which covers nine western states with 20% of the country's
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population. >> we have a principal of swift access to justice and if you live in arizona or anywhere in the ninth circuit, you just don't have it. 15 months it takes for the average decision to be handed down and that's far too long. >> the bill would create a new 12th circuit court. some think the courts liberal label is overblown. >> the thing about the law as there is ambiguity. there are fair and reasonable and smart minds can differ on important legal questions. now the ninth circuit is about to make a key decision on president trump's travel ban from seven countries with majority muslim populations. only one of the judges randomly assigned to the case, richard clifton, was appointed by a republican. william canby was appointed by jimmy carter. during yesterday's argument, the judge was hard on the justice department lawyer. >> does the government have any evidence connecting these
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countries with terrorism? >> a former u.s. attorney under president bush thinks trump will likely suffer another setback. >> listening to them, i think there may be an inclination to leave judge robart's order intact. >> leaving judge robart's decision in fours would leave the restraining order in place. there are others who think that despite this being the ninth circuit the panel could come up with a narrow ruling that would reinstate the travel ban for those who are not green card holders that have never set foot in the u.s. >> james: dan springer, thank you. this is another fox news alert. a u.s. official tells fox news are on has launched another missile from the launchpad where it congested -- conducted a launch last month. photos indicated another rocket was poised to put a satellite in space. later, around took it off the launch. the reason they scrubbed it is
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not known. the missile that was fired 11 hours ago is not a ballistic missile but a short range surface-to-air missile. we are told or impacted 35 miles away. all this amid a simmering war of words between president trump and iran's supreme leader. rich edson reports from the state department. >> president trump prevented iranians and those from six other countries from traveling to the united states. iran tested a ballistic missile. in response, u.s. sanctions. >> translator: with pressures and sanctions imposed, they hope to paralyze us. they haven't fulfilled their hopes and will never do so and no enemy can paralyze iran. >> a presidential response. >> they are the number one terrorist state. >> as of today we are officially putting iran on notice. >> i think iran is getting itself. they don't realize a new president is in town. >> president donald trump
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tweeted "iran is playing with fire. they don't appreciate how kind president obama was to them. not me." iran's supreme leader says "trump says be scared. no. iranians will respond with rallies and show their position towards threats." the anniversary of the 1979 revolution. >> ayatollah ali khamenei has always banked on -- he will continue. the question is how can president trump distinguish between the bad policies of the iranian regime. >> there are reports the white house is considering lit labeling the revolutionary guard corps a terrorist organization. they trump administration is also considering elliott abrams, former middle east advisor to president george w. bush, as the top deputy to second rex tillerson as the state department.
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while some republicans claim elliott foreign policy views are pure opposed to the residents, they are aligned on the iran nuclear deal. abrams wrote this summer in the jerusalem post "we have strengthened the root seem -- merging with money." this agreement will be more and more widely understood as the disaster it was called by its opponents. let's hope we wake up insufficient time. >> head of demonstrations friday, iran's supreme leader says he's thankful to the newcomer and reference to president trump for showing the real face of the united states. one of the ayatollah is corruption. >> james: rich edson at the state department tonight. thank you. there is also a movement afoot to get the muslim brotherhood designated as a foreign terrorist organization. it would carry major implications for america's relationships in the middle eas middle east. here is senior correspondent eric shawn.
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>> founded in egypt in 1928, its goal is for society to be ruled by islamic law. fox news has learned the trump administration is considering banning it here two. designating it as a foreign terrorist organization. white house press secretary sean spicer was asked if president trump will make the designation. >> i'm not going to get ahead of announcements that we may have coming. the president understands the threat our nation faces and is going to do everything he can to attack it, root it out, and destroyed. >> i believe it or threatens national security interests. >> there are parallel bills calling on rex tillerson to consider if the muslim brotherhood should be added to the terrorist list. tillerson called the muslim brotherhood "agents of radical islam."
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experts say it has u.s. followers and its ideology has found terrorist groups with the group claims it renounced violence decades ago. >> you have leaders who are designated terrorist. organization under the muslim brotherhood like hamas. it's pretty much a no-brainer that this is a terrorist organization. >> robert pulido specializes in constitutional law and says the group does not qualify as a terrorist organization under u.s. law. >> i think designating the muslim brotherhood as an fto is bad in legal terms, in terms of diplomacy, civil liberties and our constitutional tradition. it could have a devastating effect on the muslim-american community in the united states. >> designated the muslim brotherhood as a terrorist group has been tried before.
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congress considered a similar bill cosponsored by mike pompeo's was not voted on by the house. >> james: thank you. the international committee of the red cross has suspended its eight activities in afghanistan. the move follows the murder on wednesday of six red cross workers and the disappearance of two others in northern afghanistan. the group said an 8-person team was delivering livestock materials when its convoy came under attack. the tally band has denied responsibility. a local afghan police chief said the afghan branch of isis may to blame. u.s. backed forces are reporting progress against isis but in syria a lot of a lot of new weapons are headed to the battlefield. pentagon producer lukas tomlinson tells us where they're coming from and what impact they will have on the 21st centuries bloodiest conflict. >> in a dramatic escalation, fox news has learned russia sent the largest segment's -- the
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white house didn't deny the report. >> we don't have any comments. >> this comes as bashar al-assad signals he's hoping for improved relations with the u.s. >> is still early. to expect anything practical. it could be about the cooperation between the u.s. and russia. we think it's going to be positive for the rest of the world. >> u.s. officials tell fox and the pastor days russia delivered 50 short range posted missiles to the syrian port along the mediterranean. assess-21 missiles are called scarabs meant to destroy ground targets up to 100 miles away. it's not immediately clear if the opposition fighters were backed by the united states. russia completed delivery of missile components to iran. u.s. officials say russia still
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maintains nearly 50 jets, helicopter gunships, and drones in syria. the isis headquarters in the country could be surrounded soon. >> what we would expect is that within the next few weeks, the city will be nearly completely isolated and there there will be a decision to move in. >> this comes as the top u.s. commander in iraq tells the associated press he expects isis strongholds to fall in six months. previously the pentagon had not offered a timeline. >> james: lucas tomlinson tonight. thank you. a longtime government contractor with top-secret clearance stands accused of retaining national defense information. harold thomas maron was indicted today after his detention in august. he worked for at least seven different companies and allegedly stole documents over 20 year period.
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no word yet on any pleading entered. american navy ship has intercepted and destroyed a ballistic missile and flight using a new type of weapon, the navy says the guided missile destroyer uss john paul jones was off the coast of hawaii when it successfully tested a new type of surface-to-air missile. pentagon officials in the development and enhancing human security amid growing concerns over north korea's ballistic missile program. capitol hill is still buzzing tonight over the silencing of a high-profile lawmaker in an extra ordinary scene that played out on the senate floor last night. chief congressional correspondent mike emanuel joins us with a video and a back story of elizabeth warren provoking a rare rebuke by her colleagues. >> in the next hour or so, jeff sessions is expected to be confirmed the next attorney general but tempers flare last night when massachusetts liberal elizabeth warren read an old letter from the widow of a civil rights icon.
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>> mr. president, i am surprised that the words of coretta scott king are not suitable for debate in the united states senate. i asked leave of the senate to continue my remarks. >> is their objections? >> object. >> i appeal the ruling. >> senator warren was told to take her seat and she would not be allowed to speak further as the senate considers jeff sessions nomination for attorney general. senator steve dain said he wasn't looking for a fight. >> you listen to what's being said on the floor on the senate and we need to hold both sides to a higher standard. >> of the senate has been holding marathons about cabinet nominees and this is the latest sign of irritation. >> the democrats are angry and they are out of their minds. we are seeing the senate democrats objecting to every single thing. >> some of the anger is likely
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based on the treatment of a colleague who has been a senator for 20 years. >> nobody here is questioning jeff sessions' love of country. nobody here is questioning his kindness and his collegiality. >> chuck schumer accuse the g.o.p. of selective enforcement of the rule and being anti-free speech. because the only speech being stifled is speech that republicans don't agree with. even speech that is substantive, relevant, on point, and appropriate and measured in tone. >> warren complained today she wasn't treated fairly. >> this is about coretta scott king's letter and that's all this is about. mitch mcconnell didn't want me to read the letter prayed >> >> orin hatch has been a senator for 40 years and called the current climate historically bad.
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>> in most of my senate service, we've never had quite the exhibition we had last night. >> hillary clinton parroted mcconnell and tweeted support for warren. "she was warned. she was given an explanation, nevertheless she persisted. so must we all." they say the bases furious about the election and pushing senate democrats to fight on everything. >> james: mike, thank you. still i had, an update on the va's most troubled health care facility. here is what some of the affiliates are covering. fox 46 in charlotte. a north carolina court blocked a new state law requiring the new democratic governor roy cooper to secure a state senate confirmation for his cabinet officers. supporters touted it as an exercise in transparency. another hearing is set for friday.
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fox 7 in austin. greg abbott and republican lawmakers have advanced legislation banning sanctuary cities. they passethat would make failiy decision requests from federal customs enforcement of crime. this is a live look at new orleans from fox 8. cleanup from tornadoes that struck southeastern louisiana yesterday. homes and businesses were destroyed. no deaths were reported about 40 people were injured and thousands more were left without power. the worst damage could be observed in the ninth ward. that is tonight's live look outside the beltway from "special report." "special report." we'll be right
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>> james: one of president trump's most frequent and powerful promises during the campaign was to improve the lives of our veterans and especially the medical care they receive through the va system. ground zero in the battle, the subject of many headlines, is the va health system in phoenix. >> three years after dozens of veteran's death were blamed in part on a lack of care at the phoenix va, the facility ranks as one of the worst in the country. the person hired to turn things around struggled to say where things stand. in your mind, 1 to 10, what do you think the status of the facility as compared to 2014? >> i wasn't here in 2014 so i don't have all the details. i know what happened with the access issue in 2014 but i'm going to stay away from a rating because i don't have all the information. >> let me ask this.
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what do you think the rating is of the facility right now compared to where you wanted to get to be? >> well, all of us wanted to be a 10 but we are not they they . >> where are you realistically? >> i won't give that number only because we have a lot of work to do still. >> a former marine is one of the original whistleblowers. >> the newest director ran the st. louis va from 2009 to 2013. the hospital experience a number of problems during that time. patients may have been exposed to hepatitis and hiv. before becoming the va secretary nominee, undersecretary david shulkin introduced her and was pressed about her past. >> we saw a leader who was
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decisive, acting with veterans interests. >> december, the va released ratings for every hospital and phoenix got the worst possible rating. >> that's why we've got to stay on it and that's why we got to have congressional oversight amounts why it's a national shame we haven't done a better job. >> ricky barnes says his appointments were delayed or canceled. >> from top management, we are getting better. but the va system is not getting better. >> the phoenix va continues to struggle with weight times. the whistleblower continues to work at the hospital. how do you describe the current state of the phoenix va? >> personally, it's gotten worse than when it first got disclosed that they were manipulating data in 2014 because the people manipulating data than are still in charge today. >> director nelson claims they
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are moving for by trying to get veterans care quickly while david shulkin says he wants to cut red tape and increase trust in the va. >> james: thank you. stocks were mixed. dow lost 36. s&p 500 gained 2. nasdaq was up 8. it was never that likely we would see president trump browsing the men's section at nordstrom's but now the chief executive is training his tortured fury on the retail clothing change because the store announced it's dropping ivanka trump's line of clothing and accessories. >> my daughter has been treated unfairly by nordstrom. she's a great person, always pushing me to do the rig thing. terrible." the spokesman saw the move as politically motivated. >> clearly effort to undermine the name based on her father's positions on particular policies. this is a direct attack on his policies and her name.
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there is clearly an attempt for him to stand up for her because she is being maligned because they have a problem with his policies. >> james: nordstrom attributed the move to good business sense, citing declining sales of ivanka trump's products. neiman marcus, the home shopping network, and other retailers have made similar announcements. many government workers -- carl cameron reports on how some entrenched bureaucrats are making use of sophisticated new technologies to mount their resistance to the new president from within. >> opposed the agenda, workers at the environmental production agency have been using encrypted apps. >> the tension between the incoming administration and the civil service is real and it's growing. >> at the state department, and
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dissent channel is set to be flooded as never before. since the executive order on immigration, nearly 1,000 state department employees have added signatures. rex tillerson knows that foggy bottom is rattled. >> we can't let our personal convictions overwhelm our ability to work as one team. that may entail making some changes to how things are traditionally done in this department. >> when sally yates ordered justice department lawyers not to defend the immigration order, she was fired. the president's spokesman has been blunt. >> if they have a problem with the policies he's instituting to get the country safe then that's up to them to question whether or not they want to stay. >> the the parody on "saturday night live" has apparently hit a nerve. >> when i said rocky start, i meant it in the sense of rocking the movie. >> the twitter account rogue
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potus staff tweeted "spicer unhappy he's been set up for failure. potus fear is one of his men portrayed by woman says it looks weak." government watchdog groups they are swamped by whistleblowers. >> we are hearing it daily. we are flooded with calls from people who are concerned about whether they're going to be forced to essentially violate the law. >> federal employees are creating new private email accounts outside government systems to indicate with marie's congress, the media, and the public about the drum agenda. the white house closet leaking. the college residency. >> james: carl cameron in the d.c. newsroom. opponents of the dakota access pipeline are calling for protests around the world following the u.s. army corps of engineers decision to allow the final chunk of construction on the project. our correspondent reports officials on-site or bracing for the worst.
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>> blowback from opponents to the dakota access pipeline after the army corps of engineers green-lighted construction on the final 1100 feet. protest popping up around the country as organizers sent out the call on social media. senator john hoban of north dakota who state is the epicenter for the opposition has requested more federal law enforcement to help with any resistance. >> i need to bring this to a conclusion not only because we need the energy and for structure but because it's been difficult for the people that live and work in the region. >> in december, the obama administration had allowed for a delay in construction of the last part of the 1200-mile line. it ordered the army corps of engineers to conduct a new broader environmental impact statement. amid claims by the standing rocks to that the portion set to run underneath the missouri river could contaminate their drinking water. in an executive order, president trump cleared the way for it to begin.
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for its part, the tribe said it would challenge the president's decision on the grounds that the new environmental review was cut short. >> there may be some last-minute efforts in court to stop it but we expect based on the judge's ruling previously that it will be able to go forward. >> in addition to lawsuits and protests, they are calling for people to call banks funding the project. the seattle city council voted to sever all ties with wells fargo. >> people coming together with native people and realizing that the fight that we are in is a global fight. >> the bank said "wells fargo is 1 of 17 financial institutions involved in financing the dakota access pipeline. the loans we've provided represent less than 5% of the total." a spokesperson for the standing rock sioux say they expect to be
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back in court as early as monday. >> james: thank you. we will have to wait a little longer for the appellate court decision on president trump's immigration executor border. is the case headed to the spring court? what might have in? our all-star panel exit down when we come
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>> this was done very importantly for security and it couldn't have been written any more precisely. it's not like oh, gee. we wish it were written better. it was written beautifully. i watched last night in amazement and i heard things that i couldn't believe. things that really had nothing to do with what i just read. and i don't ever want to call a court biased so i want to call it biased and we haven't had a decision yet but courts seem to
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be so political. >> james: that was president trump speaking to a group of sheriffs and melissa pull police chiefs in downtown washington about his controversial executive order suspending the refugee program and halting immigration from seven countries of high concern for terrorism. will that executive order be restored by the ninth circuit and san francisco? will politics interfere with sound jurisprudence? was the order beautifully crafted as the president said? let's bring in our panel. daniel halper, a.b. stoddard, charles hurt. all three unquestionably beautiful people. the president seems to think that there is a biased court out there in san francisco. he said he's not going to call it biased. >> that's one of his great rally devices where he says i'm not going to say hillary clinton belongs in solitary confinement but...
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anyway, this is on the heels of the weekend when the president tweeted about a judge questioning his qualifications, calling him so-called. the ninth circuit may be liberal. i'm not an expert about where this is going. i understand the president has broad authority on the issue and i don't know how to be interpreted by the court. trying to undermine the court in advance of the decision and delegitimizing the opinion of the court in advance, which is what he did when he didn't know he would win pennsylvania so he was trying to convince us that the worst voter fraud happened around the suburbs of philadelphia. but anyway, we are going to basically hear if he gets a ruling he doesn't like that this is a political disgraceful court and it's inappropriate comment responsible, and wrong. >> james: john roberts tracking so many things confirmed through his reporting that judge neil gorsuch, the president's election to fill the
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supreme court vacancy, said in private and comments with a democratic senator today that he finds these comments by president trump disparaging the judges disheartening and demoralizing. here is that democratic senator telling us. >> my strong hope is that he will be more vehement publicly. he certainly expressed to me that he is disheartened by the demoralizing and abhorrent comments made by president trump about the judiciary. >> james: daniel helper, how do you think president trump watching this broadcast perhaps this evening will respond to seeing his selection for supreme court nomination disparaging him? speak of this the big threat for gorsuch. as ideas, one democratic senator seemed to be slightly
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convinced about gorsuch's independence which is key for judicial figures. the question is will he annoy the person who appointed him? if trump can control himself and not lash out and sort of left gorsuch float on the hill and do his thing, there's a good chance he would be confirmed and there's a good chance these comments will help show senators on capitol hill he has independence. if it becomes too political and he starts weighing in, i think it would begin, you could see where it could go. i don't want to predict too muc much. >> james: we have seen the apprentice. we could see where it's going. >> this reveals gorsuch's independence. i think that helps him and i think donald trump is probably pleased. neil gorsuch has to say that. it's perfectly reasonable that he would take exception. come on. the fights between presidents
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and the judicial branch go back a long way. we have seen far bigger fights between -- teddy roosevelt launched a jihad against the judiciary. fdr stacks the courts because agent like the courts. they kept telling him that his new deal plans were unconstitutional. he diluted them so he could get them through. i think this is another example where you have a president doing something within the confines of his jurisdiction and you have the court. you have the judges who are meddling and someone said they are getting under the hood and tinkering with the legislative -- the specifics of how the ban works and why it works. that's outside of their purview completely. whether they ninth circuit overturns it or not remains to be seen. a supreme court will uphold the
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president's right to do this. >> james: we heard from senator blumenthal just now in the clip that he hopes that judge gorsuch displays those comments in a more public way. >> i think it's a win-win for him. >> james: the judge will face a confirmation hearing. >> he will get asked that a lot. >> james: what do you think you'll say? >> i think he will double down on it. the foolish not to. it will be astonishing if he doesn't win this fight. when the fight and get his nominee on the court. >> james: democrats are suggesting that the executive order that the president issued is actually going to make america less safe, not more safe, in part because of the damage they say it's going to do to our international relationships. here is one argument along those lines.
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>> i am gravely concerned about what it's doing to weaken or destabilize our partnerships with muslim and arab allies in the region. the assault on mosul is ongoing. in our fight against isis, i don't think we can afford to strain our partnership with iraq. >> james: the administration has sought to make it clear it's not a muslim ban. bands immigrants from countries with the high concern for terrorism. do you agree it's a anti-muslim ban? >> the congressman from texas was airing concerned on a broadcast about our need for alliances. it's legal or it's not. >> james: is it widely misunderstood to be an anti-muslim ban? >> it was difficult for this
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administration if you combine the rollout, it's hard to get around the firestorm it created. it wasn't drawn up and implemented effectively. maybe if it had been they wouldn't be facing these complaints. >> james: daniel, are you hearing grumbling in the capital from conservatives, republicans, trump administration supporters or officials to the effect that the individual who was arguing on behalf of the department of justice in san francisco yesterday, he wasn't as effective as he could have been? >> sean spicer was asked about its day and he hedged a little. he said the president.he made some good points. didn't quite say did a good job but what is striking about the position is they are guarding themselves for a loss. they are preparing at least to lose this first decision. i think the risk becomes does it
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consume the first 100 days of the presidency? >> james: we have already been talking about it so much. if it prevents the trump administration from doing other things that may be a risk they can't avoid. next up, a vote coming soon on the president's pick for attorney general, the panel assesses the state of the battle assesses the state of the battle in the confirmation wars.
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♪ >> i asked leave of the senate continue my remarks. >> is their objection? >> object. >> i appeal the ruling. >> the senator will take her suit dominic's each. >> she was warned. she was given an explanation.
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nevertheless, she persisted. >> there is a shocking double standard here when it comes to speech. >> i will oppose jeff sessions and i think senator boren is owed an apology. >> it will probably be a while before that apology comes. some of the action that occurred on and off the senate floor as a result of last nights where evening session where an democratic senator elizabeth warren of massachusetts, a darling of the progressive left, reread words of condemnation against attorney general jeff sessions that were spoken 30 years ago by the late coretta scott king. senate majority leader mitch mcconnell responded by interrupting senator warren and staging a vote along strict party lines formally rebuking her for violating senate rules of debate. the action then moved to cyberspace for the hashtag lateral as it speaks quickly started turning on twitter. no one will be silencing our panel tonight. daniel, is this a significant event? >> it is certainly a rare one.
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the irony is if mcconnell hadn't done anything, nobody would have paid attention to what elizabeth was born resting on the senate floor and would have gone unnoticed. some are left to believe was it intentional in order to elevate liz warren is the face of the democratic party? i'm not so sure about that. what we are seeing is that democrats are trying to oppose everything. they have zero power in congress and in washington because his republican-controlled, of cours course. they are trying to make something out of nothing. they are not doing a terrible job of that. they are slowing things down pretty dramatically on the hill. it is creating some problems for president trump and it's annoying him. >> there is a quantitative way to measure exactly how effective this obstruction is. here is a chart showing how many cabinet secretaries president trump is nominated who still are awaiting confirmation. there's ten of them, as you can see. jeff sessions, the nominee for attorney general is the next up there. by this point in their
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respective presidency, barack obama had only three individuals still awaiting confirmation. george w. bush, none at all. so, a.b., do you regard what the democrats are doing as the most effective, best politics they can possibly play, given their diminished hand? >> no. i think it is true that donald trump's cap event has been slowed down longer than any, it is not worth remembering. in the end, he is going to get who he wants. unless there is this big problem that comes out of nowhere with the labor secretary, the issues in the past, the undocumented worker issues have been a sometimes fatal. generally speaking, all of these will get through. i think the democrats are wasting their time and political capital. there is so much to criticize donald trump on. he threw the whole country under the bus the other day, said we are all a bunch of killers. there is always something. they can be working to galvanize
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their voters, they can be trying to find a leader who is not was not elizabeth warren or bernie sanders, because if they tie their wings to them, they will sink like a stone. they can be trying to rebuild are the lower level, at the statehouse level of the government. instead, they are trying to stay up all night in the senate. i think it is a waste of time. >> in the in the case of jeff sessions, the senator nominated as attorney general, so much of the debate over his nomination has focused on issues relating to race and particularly, his field of nomination some one years ago for a federal judge of ship that centered on some of the same issues. of course, senator's sentience says that he had -- this charge of racism directed against him doesn't sit very well with texas senator ted cruz. >> the democrats are the party of the ku klux klan. you look at the most racist, the
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dixiecrat's, they were democrats who imposed segregation, jim crow laws, who founded the ku klux klan. they were founded by democrats. yet, and outcome of the democrats accuse anyone they disagree with being a racist. >> james: strong medicine. accurate? >> he's not wrong about it. as a southerner, they were the worst racists in the south go mike south. >> james: is this a point that senator cruz should be? >> i think the accusations of racism against jeff sessions are absurd. i also think that pointing out the fact that the left does try to shut down every single debate by using that issue is reprehensible. it sets us back in terms of race relations. i think the real problem with the democrats trying to obstruct everything a one of nominees coming through, and i think they
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are doing a terrible job, i don't think they will succeed at any of them, maybe one or two, it sets up the fight for the confirmation of neil gorsuch. that one is it even the whole game. the whole game will be is if there is another justice that retires after him and they have to fight that fight. >> james: who was on a conservative. >> exactly. even if it is somebody who is more of a swing vote, not necessarily on the liberal side of the court. that is going to be the titanic fight that they need to be focused on. >> james: one interesting aspect of this kerfuffle involving senator warren is that it leeward hillary clinton out of her secure undisclosed location to her twitter feed. and she tweeted in response to what senator mcconnell said, as why he acted against senator warren as he did. quoting senator mcconnell, hillary clinton tweeted "she was warned, she was given an explanation, nevertheless, she persisted."
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this is clinton added, "so must we all." are we going to see more and more of hillary clinton? will she reemerge? >> i found it like she was -- it sounded like she was handing the baton off to elizabeth warren. she is trying to be relevant. she doesn't want to disappear. you should >> she is dead broke. >> she will be around. i think she will wait and when she thinks she can be effective. i'm not so sure she can be effective. there are too many democrats looking to her to lead them. >> james: thank you, panel. next up, where in the world as bret baier? we will show you. ♪ . . .
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♪ >> james: finally, tonight's game a good number of you in the viewing audience always want to know where the host of "special report" is on nights like this and what bret baier and other big-time anchors do with themselves when they are liberated from the anchor desk. you probably think bret is sunning himself on some tropical aisle, a chardonnay perched comfortably nearby.
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our sources confirm that that all landed very far away from the intended hole. when bret wasn't teeing off, he could be seen patiently giving pointers to his partner, nine time pga tour winner, stuart appleby. that is it for us. thanks for watching "special report." i am james rosen. good night from washington. "the first 100 days" with martha maccallum is up next. martha maccallum is up next. health it is thursday february 9th. president trump blasts attack ahead of highly anticipated in immigration order. >> court seems to be so
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political. >> judge niel gorsuch. abby: 16 states on alert at this hour as americans brace for a monster win store storm. we have live fox news coverage. heather: why beyonce was just hit with a 20 million-dollar lawsuit. "fox & friends" fist starts right now. ♪ ♪ abby: all perspective.
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some may say it's a beautiful day. you're looking outside of new york city, "fox & friends first". i'm jackie ibañez. heather: president trump blasts attack at court over immigration order. jackie: niel gorsuch now firing back. good morning, garrett. heather: good morning. >> we just start out by saying it's very unusual for a president to weigh in publicly on court case that is deal with own agenda. president trump is anything but traditional and repeatedly shown he has no problem going after judges who disagree with him and yesterday at a gathering of sheriffs from across the country, the judge layed on the three-court panel which temporarily bans immigration

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