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tv   Risk and Reward With Deidre Bolton  FOX Business  February 8, 2017 5:00pm-6:01pm EST

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variety of pizzas. stewart varney has 5 to 6 daughters. if usual. >> cheap person, why not go to come knows. mel require's a great product. >> if you were a good student in high school or booed student in whose, you can understand this. whenever the president finds that entry of any alien or class of aliens into the united states would be detrimental to the interests of the united states, he may by proclamation and for such period of as he shall deem necessary -- here it is, people coming in -- suspends the entry of all aliens for any class of aliens as immigrants or non-immigrants.
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or impose on the entry ofliens any restrictions he may deem t be appropriate. liz: it could come out as soon as tomorrow. the court's decision on the travel halt. this as president trump read out loud before a gathering of federal law enforcement officials so they can get and understand where it's coming from. the president says the appeals court journals are choosing politics over making the country safe. welcome to risk and reward. the justice department fighting uphold the justice department's executive order set by the obama administration. >> has the government pointed to any evidence connecting these countries with terrorism? >> in 2015 and 2 off 16 both congress and the administration
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made determinations these seven countries posed the greatest risk of terrorism and in doing so restricted the visa waivers to people who had even traveled to those countries over the last five or six years. the executive order reef lies on that determination. liz: department of justice lawyers criticizing the 9th circuit coast appeals saying they are using information from newspapers to argue against this. we are not saying the case shouldn't proceed. but it's extraordinary for a court to season join a president's national security determination based upon news paper articles. that's what happened here. that's very troubling second guessing of the fashion stall security decision made by the president. >> stop. you deny that the statements
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attributed to then candidate advisorsmost recently inal giuliani? do deny those statements were made? >> i would note that judge robart himself said that he wasn't going to look at campaign statements. liz: judge robart said he's not going to rely on campaign statements or statement made by rudy giuliani about a muslim ban. the executive order doesn't use those words. that's what the justice department is organizing. governor mike huckabee, president trump said he did not want to call the court bias. he was talking to law enforcement officials. but he did say the court seems political. do you agree with that assessment? >> absolutely. he's dead on. they have one job and that's to determine whether the president
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has the legal and constitutional authority to do what they have did. they have no business getting into whether they agree with it or not. that's not their job. their joins not to issue policy declarations. their job is not to he central wait if they like the president's policies or implementation. there is only one issue before them. dose have the authority under the statutes and the constitution to make those decisions. the answer is yes, he's the only one who has that. liz: governor, you have been talking about this, too. the washington judge and the appeals court judges doubts whether jihadis or terrorists are coming in from the seven hotpots. one of the judges said none have been arrested. we found it's not true. the senate judiciary
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subcommittee found 384 foreign-born terrorists arrested in the u.s. some came from those 7 countries. in europe, 400 migrants went to germany and they are being investigated for links to islamic terrorism. it seems like they are treating terror victims like rounding errors. >> it's apparent they read the newspapers when it's negative to donald trump. but they don't read the same newspapers when it shows there are terrorists coming into this country. if there wasn't one person arrested for being a terrorist, the question is still, does the president have the tur -- have e authority to make this decision if he thinks there is a risk of the first terrorist coming. yes he has thought authority.
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for the justices to say we don't see there is a big problem, that's not their job. they don't sit in on national security briefings. liz: they are a limited section of the country setting nation national security policy for the entire country. >> it's even worse. they are going to uphold if they do, a single federal district judge in washington state who made a policy for the entire united states. one appointed judge has no business overriding the president of the united states. people say donald trump shouldn't be saying this about the judiciary. newsflash. the judiciary shouldn't be challenging president who has the constitutional and that tory
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authority to protect americans. whose side are they on? liz: the junes didn't challenge obama in 2011. a washington state judge blocking the president's travel halt. appeals judge richard clifton, an appointee of judge george w. bush, he said he sees no evidence the order targeted muslims. >> i'm having difficulty finding why we should infer religious animus and where the concern for terrorism with those connected with islamic radical sects is hard to deny. >> it's very clear that to prove religious discrimination, we
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don't need to prove this order harps on muslims or that it harms every muslim. we just have to prove it was motivated in part to harm muslims. >> how do you do that when the vast majority of muslims are not effected. >> there are statements we quoted in our complaint that are shocking evidence of intent to discriminate against muslims. liz: we are talking about 7 countries out of 50 countries dominated by people of the faith. there is no question about the greatness of this faith. it's about jihadis. you have been in the middle east. to these seven muslim countries, isis is running the show in many parts of these countries. do they alowter religions in? isn't this why they are muslim
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dominated? people are disinterpreting it as if this is a muslim ban. >> it's not just the fact that it's a minority of the number of muslim states. but the largest population muslim state whether it's egypt or pakistan or india or saudi arabia, they are 23409 even named. this is nonsense to say this is specifically targeted to muslims. it's targeted to places where islamic terrorism is a hotbed. i have been to most of the 50 countries named and it did not single out being muslim. it singled out having terrorist activities that is uncontrolled in those areas. i have to believe most americans do want the president of the united states to put our country first and people who do not have constitutional rights to come here to make them wait.
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it's not a stop sign it's a speed bump. speed bumps are designed to save lives. shouldn't we be grateful that the president is trying to save lives instead of taking him to court? liz: people have come on camera here, people of the muslim faith are agreeing with what you said. what is going on with these seven countries. thank you, governor huckabee, always great to see you. washington state, the state that started this about the fight over the trump travel ban. they are making the argument the state was harmed in some way to file a lawsuit. one of the arguments is washington state losing tax dollars because of the temporary travel halt. >> we have students stranded overseats from our universities. we have families separated. long-time residents who could
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not travel overseas to visit their families without knowing they would be allowed to come back. we have lost texas revenue. liz: we understand the argument about the university. when he talks about the tax base, it's about the companies that operate in those states. i think that's why the 127 tech companies filed papers. quote they have strong incentives to base operations outside the united states or move or hire workers and make investments abroad. let's take this to the political panel. do they have a valid point? could this affect u.s. businesses? >> it does have me effect. but the truth of the matter is what he was trying to make and if the person read the transcript 367 he was just -- he was just throwing whatever out there to see what would stick.
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there was no irreparable harm to any business or students or the facilities. if you look at what's going on in washington state. they are dealing with a $40 billion deficit. maybe there is something where the citizens of that state should take up a lawsuit against the leadership there. the truth of the matter is he wanted to make it out to be a muslim ban. it is a travel ban and in fact fit was a muslim travel bane wouldn't be on this set defending it. fit was a muslim travel ban end neets yeah would be -- indonesia would be on there. whatever donald trump does there will be an part against it and mass protests. liz: fit was a muslim ban, everybody would be in an uproar, including this show. instead of fighting this temporary travel halt. instead of having national security issues in the hands of
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three judges. should companies who filed this amicus brief, should they just push ahead with the tax cuts offered by president trump. >> it may be a bigger economic issue of. but that doesn't mean they shouldn't argue for everything that's in their interest. in this case's an instance of irreparable harm. when someone is economically productive and they are barred from coming back to this country, they can't recover that lost productivity. liz: the company? >> or the individual. liz: i understand what you are saying. so that should take residence over somebody being killed on the way to work by a terrorist? >> no. >> that many not what i'm saying. liz: that's the issue, though, al. it's a serious issue. we all know people who have been
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killed from terror attacks. >> absolutely. at this point we know isis is a true threat to the united states it's aability organization and they really do want to harm the united states of america. the previous administration did not take them seriously. we need this temporarily halt. >> everybody wants the president to protect us. but he has to do it within the confines of the constitution. liz: he's saying he's weren't con fines of the constitution. critics questioning the questions asked by the appeals court judges. the president took notice. my next guest from the center for law and justice says most those questions weren't even relevant.
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>> have you offered any evidence to support this need that you are describing for the executive order or are you arguing we can't even ask about whether there is evidence cause this decision is not reviewable. has government connected these one twris terrorism? why should we be hearing this if it sounds like you are going to present evidence later. the president is not defining a specific criteria from congress, has he. liz rrp judge friedland lobbed tough questions at the justice department attorney. the president comments on it.
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the president reacted saying the judges are getting too political. >> i will not comment on the statement made by certainly one judge. but i have to be honest -- liz: we don't know if the one judge the president is reaching to is the one appointed by president obama. jay sekulow, you say the judges are getting too political. >> the question about evidence. that whole line of questioning from judge friedland about evidence. that has nothing to do in this stage of the case when you are talking about a temporary reeve strange order and stay and injunction. this is procedural. we are not to the merit stage of the case. i have told you have i was nervous about the 9th circuit. that's why. when you get to the merits of this case, they don't have to
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show evidence when it comes to national security when the president has a clear constitutional and statutory authority. that he i -- that allows him to act. he doesn't have to prove to this judge or the 9th circuit. liz: jordan, hang on. what is so disturbing sometimes to people out there who are members of victims' families 6 terror. -- of terror. they feel like they are being jeff looked. for the judge to be asking for evidence when clearly the evidence its out there from the federal government itself. >> it's disrespectful, wrong and it was to throw the attorney off. i don't think the attorney did an exceptional job. he was asked a direct question
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and could have shut that question down. he could have said there is obvious evidence, but the president has the authority. she asked does the president have the authority to do that for a moment without our review in the answer, yes, the president has this authority under the constitution and under the immigration and nationality act. he didn't do that. that led her into that beating him up over that line of questioning over evidence and percentages. this is out of control. liz: judge napolitano says many of the judges' questions were not relevant. i'm not sure if you can't hear me in your ear. let's rinse to what judge napolitano said about what you are saying, not relevant what these questions were and i want your response. take a listen. >> the president has a legitimateomplaint that the
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judges sounded political. you and i heard a lot of political questions like did the president conduct any studies before he singled out these countries. because the constitution gives the president the sole authority to make foreign policy and congress has given president the sole ability to suspend immigration from whatever countries he wants. i did shake my head when these judges went toot merits, the wisdom of what president obama did. that's not their job. we heard questions that were political. isn't it true that this is a muslim ban? a, it's not true, b wibtd's an improper question to ask. did the obama state department agree these seven countries were dangerous. the wrong question to ask. it's irrelevant. liz: do you agree?
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what do you think, jordan? >> i agree absolutely. the judge brought up the political question, there is a doctrine where the court are supposed to day out of policy making. they cannot like a policy. but their job is to decide whether that policy is legal and constitutional on its face. and as it's applied. we only know on its face because it wasn't able to go into effect. and that's what you heard from the judges and that's a problem with the 9th circuit. we knew going into this it would be a problem for the trump administration throughout their time in the 9th circuit. with this delay of not getting opinion, we are wondering if there is a dissenter here. maybe judge clifton who did push back on some of that questioning, or are they going to write like the 9th circuit likes to do, a more results-oriented opinion that
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has to do more with the policy tran the restraining order. there is still hope that they find that the state could not prove that they had standing to actually bring this. that's our only hope to get a favorable decision out of these three judges. liz: jordan, thank you so much for your time. the president meeting with law enforcement about this border policies. but my next guest says all the media focused on was the president's mistakes when he spoke about the murder rate. my next guest said crime did spike and something needs to be done about that. we are back in two. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine.
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the north and the south are mine. all seems beautiful to me.
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liz: president trump met are law enforcement. he met are sheriffs from around the country. but here is what happened.
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the president made the mistake. he made the inaccurate statement that the nation's murder rate is the highest since the 1990s. here is the caveat. it did experience its highest murder spike between 2014 to 2015. take a listen to what kellyanne conway had to say about that. >> there is a larger campaign being waged by president trump and the white house to undermine the credibility of everybody in the news media except for certain supportive outlets. and for instance earlier today, president trump made a quote about the murder rate being at the highest level it's ever been in 47 years. >> about the sheriff's round table. this is the part where i'm
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talking about complete coverage. the sheriffs said they sat in those seats under a different president, and they said this president asked them what do you need? liz: many of the headlines were about the misquoted murder rate instead of the sheriff's round table. sheriff, how do you feel about the media focusing on donald trump's mace particular rather than what's happening in our inner cities? >> as you see, it's become quite common for them to focus on any type of misstatement or pick a fact which is one small part 69 entire conversation yesterday. but if you go back and look at the president's statement when he said the murder rate was higher than it has been in 47 years, technically it's correct. as you indicated, from 2014-2015
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the rate of increase in murders was higher. the total number of murders is not higher than it was 47 years ago. but the rate increased during those two years. technically he was correct. but it was not an incorrect statement. liz: it's like the judges on the 9th circuit asking what evidence do you have. 2/3 of the big city homicide increase came in big cities. we are talking about cities like baltimore where the inner cities are out of control with crime. that what's the president is focusing on. we know there are mistakes the administration has made. but there are problems the administration is trying to deal with. >> i think it's no secret the homicide rate has spiked up in
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the last two years. there are good reasons for that. we call it in police work the ferguson effect. i don't think that's a good title and i wish we would change that. no sheriff's deputy wants to be the next officer on 24-hour news having gone the involved in a shooting incidents. if they are not being called to handle a specific problem, why put themselves in a dangerous situation in a dangerous area where they are much more likely to gain resistance. they are trying to stay alive. a lot of that is the result of antihot police rhetoric. >> thank you for your time and thank you for your service to our country. during another 234 hours, trump cans silented senator elizabeth warren for impugning the character of senator jeff
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sessions. we'll play that fiery exchange for you after this. don't go away.
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>> mr. president, the senator i am pound the motives and conduct of our colleague from alabama. as warned by the chair. senator warren said quote senator sessions has used the power of his office to chill the
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free exercise of the vote by black citizens. i call the senator out of order under rule 19. >> i'm surprised the words of correttea scott wing are not suitable zooms for debate in the united states senate. i ask leave from the senate to continue my remarks. i appeal the ruling. >> the senator will take her seat. liz: senator elizabeth warren rebuked last night. senator warren was reading a scathing letter written by dr. martin luther king's widow criticizing jeff sessions civil rights record when he was being considered for a judicial novel nation years ago. a senate rule says senators may
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not directly or indirectly impute to another senator any conduct or motive unworthy or unbecoming a senator. the senate did vote along partisan lines to admonish senator warn, effectively barring the senator from speaking during the remaining debate on senator sessions. and he could get confirmed tonight. senator warren is up for reelection and she took to facebook anyway and it made the senator a folk hero. >> senator warren is someone i never met, but i respect that she fights for what she believes. however, it's one thing to be a joke am proponent -- a to be a vocal proponent for what you believe in. rule 19 was invoked.
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it wasn't just that she read a letter, it was the rhetoric that went along with the letter. when she was told that there would be no more reading of the letter, she continued. sure, she'll raise some money, that's what the democrats do, particularly in this political environment. liz: those words were not nator warren's words, they were the words of coretta scott king. dr. king's niece comments on it. >> i believe she was surprised she was shut down. but we'll no longer accept the race card situation. we need facts and solutions. liz: she is saying jeff sessions has done a lot for self rights and african-americans in this country. what do you say?
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>> i'm not questioning his record was reviewed by the senate when he was up for federal judge and it was rejected. maybe since then he has done a lot. liz: alvita king is saying yes he has done a lot. what happened with jeff sessions and the member of the klu klux klan. >> he went after the klan. >> that's fantastic and i'm glad he has done that. this is mitch mcconnell singling out senator warren. on your show earlier it noted four other democratic senators read the same letter with no repercussions. >> they didn't read entire letter, though. re recognized the rules and they kept it respectful. >> the point i'm trying to make
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is i think mitch mcconnell is not an idiot. he's a supreme strategist. we may be trying to do is to boost warren to become the face of the democratic party which he thinks helps republicans. liz: senator schumer is saying this is selective enforcement going after senator warren. what do you make of that? >> that's an interesting consideration. there is obviously -- i'm not sure what happened with that. but i'm aware of that situation. i think this environment is a bit more sensitive than it was when ted cruz made his comments. he had cory booker, the first sitting u.s. senator to testify against a colleague for a nomination. things are different than they were with ted cruz.
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but this i think was a deserving situation. liz: thank you so as much for your time. you guys are really brilliant and we appreciate your insights. we have a source telling fox news that in a conversation with a senator, supremep supreme court nominee neil gorsuch said the president's comments about the judiciary are disheartening and demoralizing. we'll keep you updated on that story. donald trump's labor secretary pick, his confirmation hearing is set for february 16. at this point in time president obama had 12 cop net members and president trump has 5.
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>> isis is on a campaign of genocide committing atrocities around the world. in many case it's not even being reported and in many cases the dishonest press doesn't want to report it. they have mayor reasons and you understand that. liz: president trump saying the media does not do enough to report terror attacks. the media blasting the white house saying it does cover and has covered terror attacks and many of the he tacks on this
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list. my next guest says he agrees with the trump administration or the media. his son was stabbed fighting a terrorist in one of the unreported terrorist attacks. can you tell was happened to your son byron? >> merced, november of 2015. the f.b.i. called him a self-radicalized person, decided to carry out an attack. he had a list of things he wanted to do and a plan to do it, and self people were listed for death. he was in a classroom. we had a construction site there, the guides had come in early -- the guys had come in early and they were wrapping up when classes were starting. they heard a comoation commotion, he said i need to go, the professor won't be able to
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handle this. he opened the door, the professor said run, run, run. a guy came around the door with a 10-inch hunting knife and started slashing at byron. he got him once, then byron got his body away from the knife and kicked the guy, kicked him in the head and disoriented him so he got and a ran away, as he ran away he stabbed two more people, then was confronted by campus police and killed. liz: he stabbed four people. your son saved lives here, john. it's amazing what byron has done. but it seems like you want to get this story out there. >> so byron said, dad, i don't want to do that. you have got to do it for me. so okay.
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i think it's an important thing for people to realize. in our case -- i'm just a dad whose son was stabbed and then he reacted and things turned out well because nobody died. but it's a real story of real families impacted by real people who wanted to do real harm. and it happens all over the world. it happens in the united states, and, you know, i think we haven't talked about it enough because we are not placing enough emphasis on it. liz: we look for the headlines of msnbc and cnn. we couldn't find any coverage of this. how is your son doing now? >> he's fine. he healed up really well it was a big wound. but he's a tough guy. and that's you know, he's fine.
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liz: we appreciate you coming on the show. come back soon. we would love to have you back on. my next guest says it's still going on. it's called trump derangement syndrome. he says it's getting worse after a second night of 24-hour protests of trump's cabinet picks. dear predictable, there's no other way to say this. it's over. i've found a permanent escape from monotony. together, we are perfectly balanced, our senses awake, our hearts racing as one. i know this is sudden, but they say: if you love something... set it free. see you around, giulia
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liz: iran launching another missile. this time a short-range missile on the same launch pad from january 29.
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the missile hit iran's 35 miles away. the trump white house placed new sanctions on iran a week ago after the national security advisor, mike flynn, put the islamic republic on notice. next up we have critics calling out democratic lawmakers for acting kind of upset lately. ♪ this land is your land, this land is my land ♪ >> we haven't called for the impeachment yet. i have seen nothing pick work with president bush on. >> mean spirited, pun american. >> two nights of protests on the senate floor. we have some say doing the democrats even know what this is all about? what's going on with the country police out on economic growth?
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tim ryan, and three others saying the democrat party needs to get a grip. they need to get their vision tore jobs back. we have former obama chief of staff rahm emanuel saying take a step back and realize the party is not going to regain power anytime soon. >> it took a long time to get this lowe it ain't going to happen in 2018. take a chill pill we'll have to be in this for the long-haul. liz: is this helping or hurting the democrats? >> i think it's hurting the democrats because now the american people can see they have been addicted and have been getting americans addicted to a false narrative. fake news. a senator like elizabeth warren who claimed to be a native american and isn't. you can imagine why when the statistics and facts are brought
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to bear, and terrorists acts that were underreported are being examined. people are saying we have to have borders, and they throw tantrums and they have to get a grip on reality and they are not quite sure anymore how to do that because they are so deep in the fiction that they are addicted to it. that's what i think's happening it's withdrawal. liz: can you defiant addiction? >> people need not be autonomous. the way you help people, you do for them to the extent you disempower them. that makes you feel good and very powerful. and it leads to guess what? when you take await entitlements, you see rioting and see people saying i want my lollipop back. that's where totalitarianism can come in. the road to hell is paved with
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good intentions. they want to help people. but the bottom line, they are not helping them to empower people and i think people are catching on. they are doing it because it makes them feel powerful. elizabeth warren says i'm a native american. why does she i that? because this story she has spun makes her seem all the more interesting to others. it's all about portraying a fiction in order to seem like a savior. liz: dr. keithways good to have you on the show. come back soon. we are told a vote for jeff sessions is just hours away in the senate. we'll bring you have the latest details after this. ♪
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liz: we are waiting on the confirmation vote for the attorney general confirmation of jeff sessions. at this point in time president
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obama had 12 cabinet members confirmed president trump has 5. "making money" with charles payne is next. charles: i'm charles payne, breaking news. a source telling fox news in a conversation with connecticut senator richard blusmen than supreme court nominee neil gorsuch said president trump's comments on the judiciary are disheartening and demoralizing. the president citing a 1952 statute did not mince words over the court's power over who can decide to enter the united


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