tv Lou Dobbs Tonight FOX Business March 16, 2017 11:00pm-12:01am EDT
there's no demonstrable evidence of doing that. lou: your budget director ladies and gentlemen hard at work. >> that's the kind of communication i want tohave to , thank you very much. keep it here because lou dobbs is next. lou: the deep state at war with the white house. a left-wing judiciary trying to obstruct the president at every turn. a second judge in maryland blocks the travel order. >> the need forward my executive order is clear. i was elected to change our broken and dangerous system, and thinking in government that has weakened and endangered our country and left our people defenseless.
lou: we take up the deep state judiciary with attorneys josh blackman and barbara smith. and we are joined by congressman louie gohmert. what's going on in our courts. also, 39 * doin -- president trp doing what he promised to send a message to our allies anded a ever air yet is alike. >> the president will keep campaign promises he made on the campaign trail. lou: ryan-care continues despite defections by three republican congressmen. >> now that we have our score we can start make improvements and
refinements. the deep state is targeting president trump trying to undermine his presidency it seems every step of the way. but president obama vowing to fight after two left-wing judges put his extreme vetting ban on hold hours before it was set to take effect. >> the order he blocked was a watered down version of the first order. we are going to fight this terrible ruling. we'll take our case as far as it needs to go, even up to the supreme court. we are going to win and keep our citizens safe. and regardless, we'll keep our citizens safe. and i will not stop fighting for the safety of you and your families, believe me, not today, not ever. lou: two federal district court
judges, one in maryland and one in hawaii ruling against the president's revised executive order and both judges based their decisions not what is in the executive order. but rather on comments made which candidate donald trump months ago. and that's part of the reason legal experts say their ruling are purely political. joining me now to discuss the dangers of a clearly left-wing judiciary and the implications for the safety and security of the nation are josh blackman, an associate professor at the college of law in houston. and attorney barbara smith. she served as law clerk to justice am you'l -- samuel alit. back on february 3 when the state district court judge put the president's original order
on hold, staying that order until now where two judges are absolutely outside the language of the order, no reference to the constitution or the code which justifies the president's -- gives hip the authority to do exactly as he has ordered. let me start with you, barbara. what is going on here? >> i think you hit the nail on the head. the thing that bothers me about the opinion out of hawaii is the same as the opinion of the 9th circuit panel opinion. this is not how law is done in the circuit court. judges don't look at twitter feeds and press released. they are supposed to look at the statute, the evidence presented by the government and make a decision based on the law. this reminds me of something judge gorsuch stead if you are a federal judge and you finds
yourself agreeting policy outcome, you are probably doing it wrong. love * it seems that's. lou: it seems that's what is happening here. josh: it seems the courts look at the executive order the way rachael ma dough looks at tax returns. looks at his treats and statements from five years ago. one of the judges in virginia quoted donald trump from 2011 on "the o'reilly factor" talking at the ground zero mosque. this is beyond the pale and far beyond anything courts should consider when determining the constitutionality of the president's actions. lou: everyone watching you all tonight, common sense tells us these two judges are acting like damn fools. they are pushing politics
outside the law, it's outside the constitution of the united states. writes our judiciary? is there not an objective power within the judiciary that says to these judges, cut it out? this is ridiculous. you are making a mockery of our judicial system. >> i think the good news is this is exactly why we have appellate courts and appellate courts on top of those appellate courts. so if you get a decision from a district court judge that isn't in line with what the law says, you have the chance to appeal it. i think it rule of law is still safe in america. i agree these decisions are not right on the law as i read it. lou: i understand your constraint and perhaps you understand my lack of it, because i'm outranged to think our court system would behave in this way, and one judge in hawaii making a fool of himself
and a mockery of the law while at the same time forestalling the will of the american people. this an elected president. the tomorrow national elected officer of our state, and they -- >> that's why it's so important that we make sure that president trump follows through on his campaign promise to fill a lot of the empty seats on the courts of appeal and the supreme court. the best way to counter these times orders is to putt judges in place who will aflight law as it's written. >> i lot of metaphor you created with rachael maddow. but i think it has the weight of truth in it. this is a -- it's really an absurdist moment law, is it not? >> what we have here is the federal courts are treating
donald trump differently than they would treat any other presidential. he was elected from the same constitution for which these judges received their lifetime commission. even if donald trump is breaking political norms, the court should not violate judicial norms. he should be treated like any other president. and the remedy is politics. you get the strong sense in the opinions of these judges that trump isn't the average president and he's not subject to the scrutiny. lou: these judges bear scrutiny beyond anything they experienced to this point. what do we do now? we have a president who is stymied by an out of control district court pairing of judges, and we know that the 9th circuit court of appeals did not uphold the president in the appeal of the original order. so at this point, can the
president not look to 212-f and say i have got the authority? and simply direct the department of homeland security to begin implementing what otherwise would have been even caps glad it executive order? is that possible? >> it's something the president could try and do. someone who takes a robust view of executive power would encourage that reaction. but that sets up a constitutional crisis in our system. it's something in most eras and most times the federal courts are aware of. sow they have try to be deliberative and intentional about their decision making. it sets such precisely this type of problem. at the ends of the day the executive has a lot more power than the federal courts. i'm not sure it many the best approach for them. lou: it may not be the best approach.
but the district court judges who are left-wing activist judges have gone rogue and are telling the american people to go to hell and telling the people of the united states to go to hell despite the fact that he has the authority of the constitution, and 212-f of the u.s. code to do what they are preventing from occurring. josh, you get the last word. >> judges don't exist in vacuums. they have either the power of the sword or power of the purse. the validity of their position depends on their legitimacy. when courts betray the legitimacy there will be is a distinct cost when they go out on a limb and treat trump different think than how they would treat any other president because of who donald trump is.
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lou: three conservatives joined with democrats in voting no. that's a margin of one vote in the house if you are keeping score. speaker ryan praising president trump in the help he has again big of the speaker in pro moaght the law and advancing it. he's making it easier and better for to us pass healthcare. the president's involve seattle and engagement and his listening and negotiating skills are bringing people together so we
can pass a bill. we have a bill we can pass and make good on our promises. lou: i would have liked to hear the speaker mention the word leadership. but maybe it's just me. joining me to discuss ryancare and the deep state's attempts to undermine this administration, ed rollins. a close vote. but it advances ryancare. ed ed. the president has to sell it. if the president doesn't have the support to sell it across country, it won't go through, particularly the senate. the senate will be tougher.
lou: i credited the president with putting his shoulder behind what we style as ryancare. is it strong enough in terms of the speaker's straightforwardness and his willingness to bring changes within his conference the house as well as in conference when the senate does pass it as i assume and hope that they will? will it become obamacare or will it be ryan care or will it be trump kier? >> if it's not trump care, the president does not fully support. i'm sure he will at the ends. it's just not going to pass. the senate is not enthused about this bill. the speaker doesn't have the ability to get it through, he may get it through his house but it will be a narrow victory. what's left is the rules committee. my sense is it will be a vote on the house and it will be close. the complexity is when it gets altered in the senate.
it will get altered. several senators said this bill will not pass in its present form. the president has a lot of balls in the air, the budget print is an important one. lou: america first ed: that's what he promised in the sam cane. lou: the epa cutting 31%. the state department. i'm sure a lot of the costs will come at the near east december wrk they have had so many calamities. ed: when you are spending billions of dollars on foreign aide, i think to a certain extent what this president is doing is resetting the priorities of this country as he promised to do. we have been doing fdrs and lyndon johnson's priorities. moist will be the trump priorities.
lou: to see what he has done in not even two months in office, it's extraordinary. not you america first budget which delivers on his promises. and we know when he comes to what was obamacare that is now ryan care but on its way to becoming trump care. i think the country for the first time in a long time has a in the oval office we know one thing. he's not going to sign it unless it meets this promises and what he has told the american people. >> he has great skill as a negotiator. but equally as important. he has to be a salesman. when he believes in this bill, and it's to his -- the public's benefit, i think he will sell it aggressively. lou: i have to give omb director
mick mulvaney credit today. he put on a virtu very virks rtn explaining the budget. lou: i think it' such an empressivempressive performancee omb director. lou: be sure to vote in our poll tonight. do you think it's time for the american bar association to set simple standard for impartiality and fairness for judges. we would like to see a little something from you on that, aba. and we would like to hear your vote. cast your vote on twitter @loudobbs. follow me on instagram@"lou dobbs tonight."
the dow jones industrials and s & p down. since the election, the stock market gained $3 trillion in value. i haven't mentioned that for probably a day or so. my sources in washington studied the trump administration has cooled on a border tax. but is considering an import tax that would be targeted the tax on goods including automobiles. a remind tore listen to my reports three times a day coast to coast on the salem radio. president trump blasting the so-called overreach on the courts that blocked his extreme
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lou: a few thoughts on the deep state is obvious and dangerous commitment to obstruct and comfort the term presidency. the deep state is typically defined as a government within the government most often members of the bureaucracy especially the intelligence community, all branches of government and now it's clear there exists an urgent need to drain the deep, deep judicial swamp in this country. to federal court judges have now ruled against president trump supervised travel ban executive order. a federal judge in hawaii appointed by former president obama and one of his classmates at harvard law to boot issued
the stay against the president's executive order yesterday. president trump blasted the legal reasoning last night in his rally in nashville. >> this new order was tailored to the dictates of the 9th circuit in my opinion flawed ruling. an unprecedented judicial overreach. you don't think this was done by a judge for political reasons, do you? know. this ruling makes us look weak. lou: it certainly makes the federal judge derrick watson the classmate of mr. obama at harvard law appointed by mr. obama in 2012 looked very weak and overtly political. maryland judge theodore chang also nominated by president obama in 2013 and in an interesting coincidence mr. obama paid a surprise visit
to honolulu where judge watson resides. monday perceiving the rulings just coincidence i assure you, i think or at least a little tweet by mr. obama not lost on anyone of us who were seeking some notice of where he was on the day his old classmate made a ruling in his favor. both of these left-wing activist judges went rogue. but they repeat this. they went rogue. they ignored the law. they ignored the constitution. they are the -- ignore the will of the people and they ignored the will of the united states. the constitution by the way gives a person the power to suspend immigration. it is a law and 212 of the u.s. code. maryland judge chang might write that down somewhere. he pointed to mr. trump's quote history public statements, not the order itself to judge watson
cited the president quote contemporaneous public statements instead relying on the language of the trump executive order. both judges relied on statements of candidate trump. they completely ignored the president stated authority within the order as well as the law and the constitution and now, and now the trump administration could appeal the hawaii ruling before the notoriously 9th circuit court of appeals the same that ruled the first of adding order to, not to hold up as they put it. it was a development today that suggests the activist left judges whether they are on the 9th circuit court of appeal or in maryland or whether they are in hawaii, they may have finally gone too far for even the 9th circuit court of appeals. the most overturned court in the nation by judges on the 9th circuit broke ranks and voice
their support for the legality of president trump's original travel ban in an unsolicited filing posts by judges who wrote this quote whatever we as individuals may feel about the president or the executive order the president's decision was well within the power of the presidency" math. the deep state activist left-wing judges may for the first time be confronted with an open public counterattack in the courts. it is long overdue but nonetheless welcome. these disastrously arrogant courts and simply rogue judges who put themselves and their ideology ahead of elected legislatures and yes president must be rolled back and the swamp that is our federal judiciary must be drained. a quotation this one from president ronald reagan. he said this, the trouble with
our liberal friends is not that they are ignorant, it's just that they know so much that isn't so. we are coming right back. stay with us. left-wing federal judges are subverting the trump administration and watching his extreme vetting order. >> we are going to fight this terrible rule. we are going to take our case as far as it needs to go including all the way up to the supreme court. we are going to win. we are going to keep our citizens safe. lou: judiciary committee member congressman louis gohmert here next. and strap in for this breathtaking ride for the slopes of canada. we will show you the video this bold group's high-flying adventure here next.
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lou: the senate finally holding a confirmation hearing for supreme court nominee judge neil gorsuch. that hearing is monday. confirmation vote hasn't been set but it's not expected to occur before april to the president's labor nominee has his confirmation hearing set for next wednesday. democrats still slow walking the president's nominees for secretary of agriculture and u.s. trade representative, but progress is being made. joining me now to discuss the upcoming course at confirmation hearing as well as the extreme vetting order into district
court judges federal judges who went rogue and the deep state war that is being conducted against this president's administration. we joined by congressman who serves on the house judiciary committee and congressman is great to see you and it's great to see you in front of the white house. >> her purse and had a wonderful event for the prime minister of ireland. he is a cheerful fellow, chap and it was a nice event. they know how to do it party here. it was nice. lou: that is encouraging given all of the sometimes conflicting news that we have to cover. one of the things let's start with and it is more than a conflict. it is an outright war being waged against the left-wing judiciary in this country, to judges issuing stays against the president's executive order even though it is absolutely lawful in the constitution lawful under the u.s. federal code.
this is beyond comprehension. what are your thoughts about it? >> is a former judge and chief justice i know that you are supposed to rely on the fact before you the evidence that is before you and these judges even on the other orders they were relying on statements that were made previously when what they are supposed to look at is what the four corners of this document, will what is within those four corners and ruled they are. as i understand it i ask my staff to pull it in i will read it later tonight but as i understood that they were telling me it was over 40 pages and delivered in two hours so he must have had his mind made up long before they even had oral arguments on the thing. it prompted me to start a bill and i hope to have it done at least by the first of next week. as a constitutional law professor said that there is no
federal court in the united states that does not owe its existence and its jurisdiction to the u.s. congress. the only one that does that doesn't rely on congress as the supreme court. i want to take away the jurisdiction of any district or circuit court to handle anything regarding immigration or refugees. that needs to stop. lou: these judges need to be stopped at all sorts of things. >> look at impeachment because he was way out of line and way out of bounds. lou: i love the fact congressman that the judge in hawaii, judge watson, he is sitting there, the president who appointed him to the court, president obama was in honolulu at the very same time he was there and by the way they graduated from the same law
school class. >> i understand he was meeting with russians in hawaii. lou: we are going to follow up on that. congressman let's talk about a serious judge of that is neil gorsuch set to begin hearings monday. everyone i hear says only the nicest things. this shouldn't take more than a day. we are hearing there won't be a confirmation until april. what's the deal? >> of course if they are to deny some of us may worry but it shouldn't be particularly brutal what we are hearing are nice things from everybody but just because it shouldn't be doesn't mean that they won't make it into something brutal. jeff sessions hearing shouldn't been as brutal as it was a nor so long and it was good to see our attorney general tonight. it was great visiting with him tonight.
so i hope, i've got my hopes up trust but verify but it looks like he should be confirmed and it just needs to happen quickly. lou: congressman is good of you break away and it's good to see you here on the broadcast. >> it's so good to be with you lou. lou: congressman louis gohmert. please roll the video death defying stunts just another day at the office for dentures now is the gopro squad. the four french amitai went to british columbia to go speed flying. they achieved speeds from 70 miles an hour off of the 10,000-foot high mountain. does not sound like fun? these are the pictures that result in a combination of speeding and flying but no, skiving and paragliding. that's what it's called. up next, great pictures and that's a pretty brave for some. up next rex tillerson addressing
north korean propagation son his first official trip to asia. >> united states calls on north korea to abandon its ballistic nuclear programs and differing from any further provocations. lou: general jack keane joins us next in and a programming note i will be joining hannity tonight discussing trumps efforts to build that wall. you can catch her conversation at 10:00 p.m. eastern on the at 10:00 p.m. eastern on the "fox news" channel ( ♪ ) i moved upstate because i was interested in building a career. i came to ibm to manage global clients and big data. but i found so much more. ( ♪ )
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lou: president trump set to nominate going executive patrick pointed hand as the highest-ranking civilian position in the pentagon replacing obama left over robert work. robert work. there are still 14 obama leftovers at the pentagon defense department. secretary mattis is the only presidentially pointed senate confirmed appointee at the pentagon out of 53 such positions as of right now. joining me to discuss the obama leftovers, north korea and president trump's america first budget proposal "fox news" military analyst former vice chief of staff of the u.s. army
general jack keane. general keane. general great to have you with us. >> good to be here lou. lou: america first 54 billion more. we have discussed this you would like to see more but this is a pretty good down payment is it not? >> we need about four years of this to really make a difference and avoid the dangerous road we are on with the depletion of our military. and the fact that they are not increasing the deficit certainly is something we applaud. i'd like to see the deficit go down but the fact that we are not increasing it, that's good news as well. lou: it looks like good stewardship and it also looks like a president who is for the first time in my memory actually delivering on its promises and a high order of specificity. it's wonderful to see and it's wonderful in prospect to think about what our military can be, given these reinforcements that are on the way.
>> e absolutely right into you are conversing with how serious the challenges are that we have in the military. vice chief of staff testified two weeks ago he's only got three combat or gates out of 58 today. lou: that is so stunning. three out of 58. that's just extraordinary and we are vulnerable as a nation. there is no two ways about it. >> we have seen a evidence of that lou. our efforts harry's -- adversaries have taken advantage of us for years now. russia china and iran are trampling on u.s. allied interest in their regions and radical islam, the truth is it is spread to local jihad. isis itself is expanded to 30 plus countries and the other thing that is happening is our allies, they wind up making poor choices because they are intimidated by these countries in the region who are pushing them around. lou: there is something i would
call the trump dividend at the well in terms of our military. there is the cost consciousness of, that he is instilling in our pentagon leaders throughout, our leaders throughout government but also making certain that our allies are carrying their weight and burden sharing if you will in their own defense which has been until now something that the united states just accepted as a matter of course as being our responsibility rather than that of our allies. >> absolutely right and one who has resisted this for a long time is coming to washington tomorrow, angola merkel and i will wager that angola merkel will tell the president united states states that she fully intends to meet the 2% goal on defense with gross domestic product that i suspect that's what she's going to tell him and that his power of this leadership that is taking place with their allies.
they certainly know the umbrella security is there and will always be for them but they are finally bearing some responsibility themselves. >> there has been quiet if you will on the russian front and even president xi has been more constrained in recent weeks. rex tillerson our secretary of state now in the region. north korea is staring at us, a significant challenge to the united states indeed to that region. what are your expectations? >> first of all secretary tillerson has admitted that this foreign-policy area concerning north korea the development of nuclear weapons is probably the largest in the biggest foreign-policy failure that we have had. we have had three previous presidents for 20 years who tried to stop the new developments in north korea and we have failed. we are going to have the fourth president give it a try. tillerson is saying we needed new strategy and clearly he has
to tell the chinese for sure that we are coming dangerously close to only one option left and that is a military option. the chinese don't want that and we don't want that, north korea doesn't want that in south korea doesn't want it but that's the road we are on. lou: general jack keane is always telling it exactly the way he sees it. jack thanks so much irving with the us. roll the video please. spacex we are pleased to tell you successfully launching a communications satellite into space and that launch from florida's storied kennedy space center the falcon ix rocket carries a commercial communications satellite into space 22,000 miles above earth. spacex did not try to land this rocket first stage after the launch and we are not entirely sure why that choice was made. but a successful launch it was. up next, president trump taking
a veiled shot perhaps that house speaker paul ryan during st. patrick's day luncheon? whoa. >> always remember to forget the friends that proved untrue, but never forget to remember those that have stuck by you. we know that politically speaking. speaking. lou: charlie hurt and -- stay you totanobody's hurt, new car. but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do? drive three-quarters of a car? now if you had liberty mutual new car replacement™, you'd get your whole car back. i guess they don't want you driving around on three wheels.
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lou: our on line poll to see we have to should the g.o.p. removed paul rhine speaker of the house? 85% of you said yes. that's a pretty good margin. white house press secretary sean spicer today i want to give them a shout-out. he put on quite a performance today and cnn's jim acosta in place when discussing president trump's wiretapping assertions. >> you have serious conclusions about a guy who has serious intelligence about classified. it's interesting how you jump to all these conclusions about what they have and what they don't have and you seem to know all the answers but at the end of the day there was clearly a ton of reporting. lou: sean spicer having his day. why is that the national left
media doesn't quite comprehend that they have reported repeatedly exactly what donald trump has said, that he was surveilled in various forms in numerous stories in the trump tower, and other places. yet the left-wing media will not take ownership of all that reporting they have done in which they established precisely what the president is saying, that he has been surveilled which leads to, to me it leads to only one other conclusion that the president was surveilled and that the national left-wing media is having just as much trouble accepting their reporting as to the rest of us. joining me now "washington times" opinion editor charlie hurt radio talk show hosts "fox news" contributor tammy bruce. tammy come isn't that funny? the irony they go back and forth president trump is just telling people what "the new york times" said in the various news organizations said over and over
again. >> in addition to the history of members of congress being surveilled and their phones being trapped -- tapped. lou: the intelligence committee being surveilled. by the oat mom -- of a ministry said. >> we know they have done it and this is what we know obama in the media is not in the business of moving information. in the business of moving what they think will help their agenda and when it changes then they decide they are just going to erase that part at least of course the american people know what they're up to. liz charlie what do you think think? why are they having such a hard time accepting their own reporting all of a sudden? >> at one point which is why they reported in the first place that when people started to ask deeper questions about all this in say hey wait a minute you mean the surveillance was going on against a political campaign against someone who is a
political opponent of the sitting president of the people around him? wait a minute there's a much bigger story here and as soon as people start noticing on the much bigger story which is intelligence services to go after political enemies they dropped it like a hot potato. they couldn't get away from it fast enough. lou: the sean spicer prompted income he did a great job at the outset. you saw that comment was something to witness in which he took him apart. it was frankly a delight to watch. i want you to watch this man presenting his first budget as omb director, the presidents america first budget and here he is. watching him whipping through and around the room on this $1.5 trillion budget. >> you consider this budget an opening bid and he expects a lot pushed back even from republicans? >> the president has drafted a
budget for the entire nation because that's who he sees himself as representing. >> you touched on social security and medicare to big entitlements. >> the president is going to keep the promises he kept on the campaign trail such as because is not here doesn't mean we are dodging the issue. you'll never see a budget blueprints dealing with social security and medicare and medicaid. >> your public and congress and the preparation spell that funds cpb and nea. will he vetoed those bills? >> it's a simple message by the way. i have to ask these folks for for money neck to tell the marmot going to spend it. can i really coded those folks and look them in the eye and say i want to take money from you and give it to the corporation for public broadcasting? that's a really hard sell is something we don't think we can defend anymore. >> americans and the community will never -- no longer be provided the educational care that they need. >> they are supposed to help kids who can't come who don't get fed at home get fed so they do better in school. guess what?
there's no demonstrable evidence of doing that. lou: your budget director ladies and gentlemen hard at work. >> that's the kind of communication i want to see. lou: charlie we have five seconds. i just want to say thank you. kennedy: tonight the battle over trans-budgets can libertarians get behind the plan? plus john mccain accusing fellow republican senator rand paul of working for vladimir putin. so who in washington has been working for the russians in attorney general jeff sessions now suggesting pot is nearly as bad as heroin. what does that mean for states rights, personal freedom and logic. which is which, time to set it off. the president has proposed new budget that takes a machete to the epa the state department and the arts while bolstering defense and homeland security