Skip to main content

tv   The Kelly File  FOX News  August 17, 2016 9:00pm-10:01pm PDT

9:00 pm
factor" tonight. i am bill o'reilly, and always remember that the spin stops right here, because we are definitely looking out for you. breaking tonight, the election just 82 days away. and the republican nominee is shaking up his campaign at the very top. donald trump declaring he will do whatever it takes to win the white house. welcome, everyone, to "the kelly file." i'm trish regan in for megyn kelly tonight. three campaign managers in three months. hey, maybe third time's a charm. donald trump evaluating his top pollster, kellyanne conway, who was seen her just last night on "the kelly file" to the role of campaign manager and he added executive manager, steve bannon, who assumes the creative role of trump campaign ceo. paul manafort will keep his role as campaign chairman.
9:01 pm
why do they do this now? and how worried should hillary clinton be? we have a powerful lineup for you tonight. dana perino knows all about presidential messaging. she joins us on why the campaign rolled out such change, just as positive reviews and very strong commentary were rolling in for trump's speech last night. ben shapiro, formerly of breitbart, knows the trump campaign's new campaign ceo very well, doesn't like him so much. they join us in just a couple of moments to debate today's move. but first, let's go to carl cameron, chief political correspondent with the very latest from inside the trump campaign. carl? >> reporter: hi, trish. for years when presidential campaigns hit rough patches, they've said, it's time for a reset. and they'll shuffle the deck chairs, move some people around, hire new people. in this particular case, the trump campaign refers to it as an expansion, not a shake up. but the fact of the matter is, the man who'd been running the campaign has now been supplanted by steve bannon. a firebrand conservative, the
9:02 pm
type of republican who feasts on anti-establishment rhetoric and attacking the institutions of the american body politic. bannon brings to the trump team the type of rhetoric, the type of approach that donald trump himself likes to demonstrate on the campaign trail. bannon is now the top guy. and kelly conway, excuse me, she's been evaluated to campaign manager. now, what she brings to the table is not only a very astute polling capacity, but she's quite expert in finding out what the themes of various different constituencies are. and one of the things she think she can help donald trump with is appealing to women more. so between the two of them, bannon and conway, paul manafort, the campaign chairman, has been at the very least layered. he remains in the job, but even though he was trying, along with a lot of other folks in the trump campaign to try to make the candidate adhere to a more message-oriented discipline, instead of the off the cuff
9:03 pm
bombastic fireworks that he's now famous for, it clearly hasn't worked to date. and now with these two new additions, it would seem as though trump has some allies in campaigning his way. having said that, there's no lack of understanding of the challenge in the trump campaign. they read the polls. they get it. they know that in most of the key battleground states, 11 or so, and there were polls just this week that illustrate this, in a number of cases, hillary clinton has jumped out to a lead that has, at times, been in double digits. this is obviously very bad news, under 12 weeks for donald trump. so now comes the change. he's also been campaigning in states, frankly, that are red states where normally, at this point in the campaign, a republican nominee wouldn't be going. hoping that they're in the bank, yet we see in many places where hillary clinton has canceled her advertising, in swing states where she thinks she's comfortable, and has now begun venturing into places like utah and nevada and arizona, thinking that those traditionally red states can be moved into the blue category. so the trump campaign starts
9:04 pm
anew, expanded, as they are, with two more people who happen to be now senior to their former campaign chairman. and as far as the trump campaign is concerned, their target is always hillary clinton and it's not about the internal mechanisms and mechanics of how this works, trish. >> thank you so much, carl. well, the news of the shake up or shall we say, expansion, at the top of his campaign came just hours after mr. trump delivered what was billed as a ground-breaking feat in which he made a direct appeal to african-american voters. watch him here. >> law and order must be restore restored. it must be restored for the sake of all, but most especially, for the sake of those living in the affected communities. the main victims of these riots are law-abiding african-american citizens, living in these neighborhoods. the democratic party has failed and betrayed the
9:05 pm
african-american community. democratic crime policies, education policies, and economic policies have produced only more crime, more broken homes, and more poverty. i want to offer americans a new and much better future. >> dana perino is co-host of the five and served as white house press secretary under president george w. bush. she joins us now. dana, good to see you. >> thank you. >> the speech was well received by a lot of different people. and he's had, you could say, a pretty good run since monday. so all of this happening today, it seems to be, in some ways, taking away the opportunity he had to kind of ride the good headlines. why do it right now? >> uh, i don't know. because i agree that last night's speech, by some accounts, i think rudy giuliani called it the best speech by a republican ever, which i think abe lincoln might take issue, but it was -- yeah. so they were trying to give him
9:06 pm
really good reviews for this. the news about the campaign change had held in secret since last sunday. so me, i was like, why wouldn't you just then hold this on a friday night? because the media will always cover a process story over a substantiative story. every time. >> you know, you're absolutely right. that's one of my biggest criticisms of the media. this tendency, and here we are talking about it. we are going to get to the policies, but this is the latest headline. so instead of talking about the ways to improve the social economic communities throughout black america right now, as he was just talking about there last night, here we are talking about the changes in his campaign. and it seems to detract from the important stuff he needs to get to. but nonetheless, maybe, maybe he just had to get it done, right now? >> well, maybe the news was going to break and they wanted to break it themselves, or maybe, because of the news -- additional news about paul manafort's possible connections in russia and whether or not he
9:07 pm
didn't fully disclose payments, back to the united states, if there was some impropriety, that could be that he wanted to get at the heart of this. and kellyanne conway, it's a new role for her. what i think is good for trump, she used to work for ted cruz. so when she did opposition research, she knows exactly what trump's weaknesses are. and so they could probably help strengthen them. i think that's a good thing. and i think part of that speech last night was not just to the african-american community. because he's got a 9% approval rating with african-americans. he is not going to fix that dramatically in the next 82 days. but, women listening to him last night, if they were on the fence about him, maybe they would believe that the law and order message that he's giving and that change needs to happen in those communities would be helpful. and that might be where kellyanne conway can be really effective. >> and one would have to think
9:08 pm
that kellyanne was already weighing in before that speech -- >> absolutely. definitely. >> -- on monday night, and of course the one last night. anyway, it's fascinating to watch and we want to get back to some of this policy stuff, but dana perino, thank you so much. you know, the critics are out there. they're everywhere, they're on the left, they're on the right. and they're all taking issue tonight with trump campaign's breitbart connection. as we mentioned, trump named steve bannon the executive chairman of breitbart news as his new campaign ceo. mr. bannon is best-known for his controversial right-leaning website, and has been described as the most dangerous man in politics. i don't know about that, but that's what they say. ben shapiro is a former breitbart editor at large and now the editor in chief of the daily welcome to you both. you know, the most dangerous man in politics. wow! i mean, given that politics is dangerous as it is these days,
9:09 pm
maybe that's not so bad to have on your side, especially when you're going up against the likes of the clintons. but ben, you don't think bannon's going to help him. i know you know mr. bannon quite well. why do you say that? >> i'm not saying that bannon won't help him. i think bannnon could help him, steve bannon keep him on track has a record of telling donald trump to double down. breitbart news has created this alternate reality where trump is always winning and his rally sizes matter more than his poll numbers. and he has the history of meeting with people and watching as their career spiral the grain. i think steve's a smart guy, a vicious guy, and steve has his own interests here and his own interests don't necessarily -- >> well, i would think, i mean, now that he's joined the campaign and has taken on the role as ceo of the whole trump campaign, his interests should be aligned with donald trump, in that he needs to win this thing as much as trump needs to win this thing. >> though.
9:10 pm
>> i don't know why you would take that on if you don't want to win? you want to go down as a loser? why take that on? you could have stayed happily at breitbart and enjoyed the paycheck. >> steve's a smart guy. he doesn't put himself in win/lose scenarios. he puts himself in win/win situations. if trump wins, he's a power player in the white house and i have to prepare for my irs audit. if he loses, he moves on with trump is an ally and work together beyond that, because breitbart and trump have been working hand-in-glove together for months now. when i left in march, i said that this was trump proper. that doesn't mean that trump will be hurt by bringing bannon on, but there is a shark jump moment to all of this. it's almost like fonzi put on the evel knievel rocket pack and is jumping -- >> i don't know about that. i think it's not over until the fat lady sings, as they say, and it's still early. we're not even at labor day. >> i agree. >> and charles, let me ask you,
9:11 pm
what is it that mr. bannon can bring to the table? because i think that while running the website is one thing, actually running a campaign is something rather different. and let's face it, the donald trump that we have seen in the last couple of days has been a more modified version of himself. >> sure. well, to be sure, i don't think that, you know, picking steve bannon to run his campaign is picking a political hack. steve bannon does not have experience running a presidential campaign, to be sure. but what i think that that decision does signal is that donald trump is doubling down on the message that donald trump has given from the beginning, and it's a message that's been very good for him. combatting illegal immigration, domestic economy, not globalism, but the domestic economy, and fighting terrorism. and those things, there are very few people, especially on the right, who saw those three messages, those three issues as being as vital as they've proven
9:12 pm
to be. one of them is, of course, donald trump, but another has been breitbart and steve bannon. and then the fourth overarching thing that i think is so vitally important and has done so much good for donald trump in this campaign has been his willingness to go up and shatter the political correctness that has strangulated politics in this country. and, you know, definitely, the democratic party, and i know ben agrees with me on that, and i think he probably agrees with me on this, too. it's also strangulated the republican party. >> both sides, for sure. >> and you can't take away from steve bannon that he has been -- he has been the -- he has been just as unafraid and unflinching to go after that kind of political correctness. >> for sure. it is definitely refreshing to see that in politics these days. i think that is so much of what people have responded to. thank you so much. it's good to see both of you guys tonight. a first today for donald trump, as he receives his first classified intelligence briefing from washington officials.
9:13 pm
cia-trained intel op, tony schaefer, who spoke to one of the men inside that briefing will tell us what type of intelligence trump received. and mike huckabee is here to respond to the critics who say trump shouldn't receive that intel. plus, congress finally getting its hands on the investigative documents from hillary clinton's e-mail probe, only to find huge portions completely redacted due to sensitivity. wait a second, i thought she didn't -- i didn't think she sent or received any classified information, right? congressman jason chaffetz is here exclusively on what americans need to know now. we'll see you back here, right after this. >> i did not e-mail any, um, classified material to anyone on my e-mail. there is no classified material. ♪ one day a rider made a decision. the decision to ride on and save money. he decided to save money by switching
9:14 pm
his motorcycle insurance to geico. there's no shame in saving money. ride on, ride proud. geico motorcycle, great rates for great rides.
9:15 pm
mapping the oceans. where we explore. protecting biodiversity. everywhere we work. defeating malaria. improving energy efficiency. developing more clean burning natural gas. my job? my job at exxonmobil? turning algae into biofuels. reducing energy poverty in the developing world. making cars go further with less. fueling the global economy. and you thought we just made the gas. ♪ energy lives here.
9:16 pm
9:17 pm
donald trump today receiving his first classified intelligence briefing from washington officials. trump brought along his adviser, former dia chief, general michael flynn, to make sure everything was up to snuff, as he had previously suggested he doesn't trust the intel coming out of washington. but flynn told fox a short time ago, this was not only the real deal, in terms of the intelligence, it suggested to him that the current white house isn't taking the threats we face
9:18 pm
as a nation seriously at all. >> the policy decisions that a president makes sometimes can be in dramatic contrast to the intelligence that they receive. and then those policy decisions that this particular administration has made under both hillary clinton and president obama, and in many cases, are in stark contrast to the intelligence that we were presented today. >> colonel tony schaefer is a intel op. moments ago, he spoke with general flynn. good to have you here, sir. you know, i know that some of that conversation was likely off-record, but the on-record part, what sense did you get, in terms of the actual challenges, the significant challenges that we're facing right now. >> i think mike accurately represented the reality that we face. the white house has made decisions on policy, not based on intelligence fact. not based on the ground truth. so that's, i think, evident. one of the things mike did say
9:19 pm
is that the intelligence he was briefed on today does not reflect accurately the propaganda being put out by the white house, regarding some of the successes. and this has been one of the reasons donald trump has said, i don't trust the intelligence community. there's reasons for that. congress just recently did an investigation of the central command, cooking of the books. where central command was putting forth this really rosy view of the central command's success in iraq against isis, which was completely false. that issue actually went all the way from clapper, the dni, to a guy named scott barrier, who was the j-2 at the time, all the way up, as far as we can tell, to general austin. that's one of the reasons, my sources tell me, that general austin was asked to move along before he was asked to. so there's skepticism. that's another reason mike was there, to make sure the information he was presented was both accurate, as well as in depth for someone like a donald
9:20 pm
trump who may become president to make decisions. >> so the intel communities, here are the facts. we're going to present them. and the president's job, and lawmaker's job will interpret those facts to come up with the best policies to keep us all safe. >> that's correct. >> so general flynn came away from that meeting saying, our president has not come up with the policies we need to keep us safe. >> absolutely. and i think general flynn was actually saying that, partly, when he was director of dis. remember, general flynn was the first officer to admit in testimony, open testimony, about the existence of isis, going back almost three years. so mike has been trying, as best as i can tell, to live up to his oath office and do what's necessary and tell the truth. >> let me ask you. there are critics who say, general flynn has ties to russia, and there were concerns he was there in the intelligence briefing. how do you respond to those? >> i've known mike a long time. i talked to mike before he went to russia, and after he came back there russia. that whole trip was a research
9:21 pm
trip figuring out how to deal with the russians, strategically. they are in some instances an ally, and in some instances a challenger. >> when you say ally? >> right now in isis, they're going after the same targets we are. sometimes they're going after targets we've trained, some of our rebels. with that said, for the most part, they are anti-islamic radicalism as much as we are. there are things they're not as much as us -- >> it's an interesting time. colonel schaefer, thank you so much. when you think about it, we have allied with russia before back in world war ii. >> to good effect. >> very good effect. joining me with more on the politics of all of this, governor mike huckabee. governor, good to see you. all right, national security. >> thank you, trish. >> to me shouldn't be all that political. this is pretty cut and dried, we've got to keep everyone safe. but such is the reality in which we live, and this is an election season. how important is it for donald trump right now to stay laser focused on this issue of
9:22 pm
security? >> well, one of the things i think a lot of people don't understand, personnel is policy. and good policy is good politics. but with the obama administration, they've reversed it. everything is politics. they put policy last and they put personnel really right next to politics. so you have really unprepared people, who have been running the national security issue, like ben rhodes, who admitted they department have a clue they were doing -- >> and they were -- >> well, what they did was, to make up narratives that they thought would help them politically, rather than to tell the truth and trust the people. they just didn't -- they don't trust the people. and that's a dangerous place for an open, free society like america to be. >> isn't that, governor, in fact, why there is such an indictment against the last eight years, thaest effectively the last eight years have been nothing but politics, and thus we haven't gotten anything done, whether it's on the national
9:23 pm
security front, whether it's on the economic front, whether it's just pure old gridlock in washington. nothing happens, because, for whatever reason, this president hasn't been able to put politics into the rearview mirror. >> and let me be very clear to say that there's always been politics. doesn't matter, democrat or republican. and if you use politics that's backed up by the truth, that's one thing. but look, this administration for eight years has built politics on a radical ideology that is full of absolute lies. if you like your doctor, you can keep him. if you like your health insurance, you can keep them. to another big carrier just dropped out today. but we were lied to about, about everything from benghazi, to syria, to the russian reset, to the overthrow of power in egypt. i mean, it's easier to ask, what have we not been lied to. hillary's e-mails. how many servers she had. what she did with those e-mails, whether it was used just to
9:24 pm
check on chelsea's wedding? i mean, this has been eight years of lying. and that's why people in this country are angry. they're not just unhappy. they're just in a seething rage. and it's why donald trump is the republican nominee. and it's also why i still believe, in spite of all the press accounts, that he's going to win in november. because when people ask themselves, do i want donald trump, a person who is not married to this political culture and ideology, or bill clinton, who helped create the mess, who do you want? that's the choice. >> change or status quo. thank you so much. governor, good to have you here. >> thanks. >> all right. the democrats' vice presidential nominee calling out donald trump's proposal to vet immigrants entering the united states. we're going to speak to a constitutional attorney and to a muslim american who supports the plan and says, yes, we need extreme vetting! plus, marc thiessen and
9:25 pm
austan goolsbee react to new calls from the liberal media -- the liberal media -- that the clinton foundation stop accepting donations. also, hillary clinton's e-mail probe comes under review by house republicans, but oversight committee chairman jason chaffetz says he doesn't have adequate security clearance to view some of it. he joins us exclusively on that, next. >> i never sent or received any classified material. crabfest is on at red lobster so come dive into dishes like the new alaska bairdi crab dinner with sweet crab from the icy waters of alaska. or try crab lover's dream with tender snow and king crab legs. love crab? then hurry, crabfest ends soon. when this busy family... a cracked windshield... ...their dad went to the new safelite-dot-com... ...and scheduled a replacement... just a few clicks. with safelite you don't have to miss a thing. y'all did wonderful! thank you. (girls sing) safelite repair, safelite replace. just checking my free credit score at credit karma. what the??? you're welcome. i just helped you dodge a bullet.
9:26 pm
but i was just checking my... shhh... don't you know that checking your credit score lowers it! just be cool. actually, checking your credit score with credit karma doesn't affect it at all. are you sure? positive. so i guess i can just check my credit score then? oooh "check out credit karma today. credit karma. give yourself some credit." sorry about that.
9:27 pm
this car is traveling over 200 miles per hour. to win, every millisecond matters. both on the track and thousands of miles away. with the help of at&t, red bull racing can share cri inch of the car from virtually anywhere. brakes are getting warm. confirmed, daniel you need to cool your brakes. understood, brake bias back 2 clicks. giving them the agility to have speed & precision. because no one knows & like at&t.
9:28 pm
9:29 pm
developing tonight, at the request of house republicans, the fbi has handed over materials related to its investigation into hillary clinton's private e-mail server. now, there are new concerns about the sensitive nature of information handled on the former secretary of state's unsecure server, as we learn that some of the newly obtained documents are so heavily redacted, even the chairman of the house oversight committee doesn't have proper clearance to read them. that chairman, utah congressman, jason chaffetz, joins me right now in a kelly file exclusive. representative chaffetz, welcome, good to see you. this material, i understand, was apparently all, according to her, originally, theoretically, so fine that she could actually
9:30 pm
e-mail it around, so why now, is it suddenly so super-secret? >> well, i think it's always been highly classified. the clinton campaign would seem to want the public know, oh, it's only just a few, and it's not that bad. but the sensitivity of material is such that even i, the chairman of the oversight committee, the chief investigative body, i don't have the proper security clearance, as a member of congress, to look at this. and so the materials they provided to the secure communications facility, the so-called skiff there at the house of representatives, under lock and key and guard, even when i get in there to see it, it's going to be redacted to the point that i won't be able to read the complete file. >> so representative, what does that tell you? well, it goes to the nature of how this very sensitive material, the material that puts people's lives in danger, was out there in the open.
9:31 pm
and you can't do that. we have more than 1 million people in this country that have security clearances. and i think it's clear to almost everybody, i thought, that you can't share that information. you can't allow people to have access to that information. you have to keep that in a secure server and in a secure setting. but that is not what happened, top to bottom, start to finish, with this arrangement that hillary clinton made with herself. >> was she simply careless, or do you think there was something else altogether going on? >> well, it went on for years. she was fairly sophisticated. a former united states senator, a former first lady, surrounded by some of the top minds that she got to pick. and yet, they created this scheme in such a way that they could bypass it. she set up this server on the very day she started her senate confirmation. and again, information that's so sensitive and secret that in the hands of nefarious nation states, any sort of hackers, literally, puts people's lives
9:32 pm
in danger. >> so representative, what do you do now? >> well, i still want to get at the truth. we've got to understand and plug this hole. because one thing i want the public to understand, it's not one e-mail system. the you're dealing with classified information, that's on a separate system. you can't just forward that to an address that is not properly cleared. so somebody had to take that information and either regurgita regurgitate it, perhaps copy it, put it on a thumb drive. maybe they downloaded a pdf. maybe they took the essence of that conversation, and put it on a non-secure setting. so we've got to make sure -- >> we don't know, this stuff could be out there. look, if you're someone who was working, potentially for the cia, somewhere in the world, you'd probably be pretty nervous right now, knowing this stuff does exist somewhere or could have been hacked into. representative chaffetz, thank you so much. good to see you tonight. >> thank you, appreciate it. allegations of perjury aren't the only thing plaguing hillary clinton tonight. the connection between clinton's
9:33 pm
personal foundation and her time at the state department was the subject of sharp criticism in a boston globe editorial. the publication finding this relationship so questionable, it suggests, simply, clinton foundation should stop accepting funds. yeah, you think? joining me right now, mark patient, former speechwriter for president george w. bush, and austan goolsbee. austan, i'm starting with you tonight. so she's a smart woman, yes? >> she is. >> and she's been around politics a whole long time. and i think she probably, at some point, figured she'd probably go on to bigger and better things, even during her time there as secretary of state. yes? >> look, i don't know -- it sounds like you're leading some questions. why don't you just ask me what you want to ask. >> okay, i don't understand
9:34 pm
given why, if she's as smart as she is and as ambitious as she is, why on earth she would subject herself to the scrutiny she's now going through with this pay-to-play scandal, just for a few lousy bucks for the foundation? so there's one of two things going on, austan. she's either really stupid. really dumb. doesn't recognize that this would would be a challenge for her political career, or she knows that and chose to do it anyway, which would suggest she's very corrupt. which is it? >> well -- and have i stopped beating my wife? you forgot that second part. you added the pay-to-play scandal. that is an accusation from a right-wing organization. that's not at all what happened. >> all right. >> the reason that she raised money -- wait. the reason she raised money for the clinton foundation is that the clinton foundation, which has received a grade of "a" by the alliance that evaluates
9:35 pm
philanthropy organizations, used their money to reduce ma lair yay drug prices by 90% throughout the developed world. they used money to reduce hiv infection rates around the world. >> yeah, i'll give you this -- >> they've done a lot of massively good charity. this is not a pay-to-play scandal. >> they have done some very good things. i should point out that the majority of the revenue goes to overhead as opposed to actually charity, which is not in line with what most charities do -- >> that's not correct, but -- >> the other thing i would point out. let me ask you about the whole ubs scandal. i keep bringing it up, because it's something i can't let go of. you know ubs, you're a financial guy. it wanted to get 55,000 of it clients off the hook from tax evasion by the irs. what does it do? it goes to hillary clinton, who is then the newly named secretary of state. and she works out a deal, and these clients, the majority of them, anyway, all except for 4,500 or so, they get off the
9:36 pm
hook. the irs drops their investigation into them. >> that's nonsense. that's nonsense. how does the secretary of state have anything to do with the department of justice? >> she assisted in this investigation, and then her husband, of course, got $1.5 million as well, for speaking fees, and the foundation got a whole lot of money, as well. mark thesisisen, it seems to me these things are pretty obvious. you say, hey, hon, sit that one out. don't take a speaking fee from ubs this year, wait a few years, because i did this deal for them on the side. how do you reconcile taking money from the countries that you might also be helping along the way? >> look, trish, they were dead broke when they left the white house. didn't you hear? >> i forgot. >> they had no money, they were dead broke. they needed money. and mow, guess what, they're not dead broke anymore. they're multi-millionaires. bill clinton has enriched himself enormously with these speeches, that are very closely tied, if you watch "clinton
9:37 pm
cash," these stories have been reported by "the wall street journal," not just the left-wing groups that are saying this. they've enriched themselves through the clinton foundation and deals that just happen to coincide when bill clinton gave a speech in russia and all of a sudden they've got uranium concessions for a donor. so, you know, there is a reason why 68% of the american people think that she is dishonest. and 6 in 10 think she should be prosecuted. they don't buy these excuses, because clinton lies, lies, lies, and lices. >> if she becomes president, if she becomes president, what happens to the foundation? "the boston globe" says the foundation needs to end or go on high d hiatus for a few years, because it just doesn't feel right. do you agree with that? 100%. >> 100% from mark. austan? >> i don't see how you can say that and not be doubly outraged a to the philanthropic behavior of donald trump or be asking -- >> we talk about that, all the
9:38 pm
time and i'm talking about this right now. >> what would happen with trump industries? >> even "the boston globe" -- >> oh, please! look, you can't change the subject. you just said that -- >> -- if she becomes president. >> if she becomes president, they should look at what the foundation -- whether there is or could be some chinese wall or should they stop donations. >> i would have thought there would have been a chinese wall at home, but i guess not. anyway, thank you so much. marc and austan, good to see you tonight. okay, also breaking tonight, the u.s. olympic committee confirming reports that brazilian police removed two u.s. olympians from a flight leaving rio, as a judge raises new questions over their story that they were robbed at gunpoint. and gold medalist ryan lochte is in the middle of all of this. trace has got the latest breaking news details for us. plus, critics say donald trump's plan to vet immigrants violates u.s. law. it violates tradition. we're going to talk with one of the nation's foremost
9:39 pm
constitutional experts who says, no, it doesn't. he's got a different take on all of this, and it turns out he says it's perfectly legal to do and maybe even what we should be doing. that's ahead. she spent summer binge-watching.
9:40 pm
soon, she'll be binge-studying. now she writes mostly in emoji. soon, she'll type the best essays in the entire 8th grade. today, the only spanish words he knows are burrito and enchilada. soon, he'll take notes en espanol. get back to great with the right gear. from the place with the experts. office depot officemax. gear up for school. gear up for great.
9:41 pm
i'm going to make this as simple as possible for you. you can go ahead and stick with that complicated credit card that limits where you earn bonus cash back. or... you can get the quicksilver card from capital one. quicksilver earns you unlimited 1.5% cash back on ev-e-ry purchase, ev-e-ry-where. i shouldn't have to ask. what's in your wallet?
9:42 pm of many pieces in my i havlife.hma... so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo opens up airways to help improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse.
9:43 pm
ask your doctor if 24-hour breo could be a missing piece for you. see if you're eligible for 12 months free at developing tonight, new reaction to donald trump's latest proposal to institute, quote, extreme vetting of immigrants trying to enter the united states. some critics saying it violates american law, others are saying it violates american values. jonathan turley is one of the nation's foremost constitutional law attorneys and a professor at george washington university law school. welcome. good to have you here tonight. >> thank you. >> you know, lots of concerns right now about whether this threatens freedom of religion. because if you're muslim and believe in sharia law, that would theoretically be a red flag under trump's plan. but you say, it's legal to look at these things. how? >> well, it is constitutional. it's not even unprecedented.
9:44 pm
i think we have to separate the policy question, and there's legitimate questions on both sides, from the legal part of that. and the legal analysis, i think, is pretty clear. a president's authority at the borders is really at its apex, is at its greatest, highest level. and so, president trump would be able, i think, to implement this type of change, preferably with congress. congress has given a great deal of authority, for example, in defining naturalization conditions and the president enforces those conditions. but there's no question that when you're talking about border entries, a president's given a lot of discretion. and also, people need to remember, we currently vet people coming into the country. so what he's suggesting is that she's going to take a closer look. that he'll be more demanding. now, certainly, questions can be raised as to whether we should do that. but i don't think there's much question that he could do that. >> and is it because, you know,
9:45 pm
he's doing this for national security reasons and thus, that adds a different component to it? or are you just going back to the fact that the president has a lot of power, when it comes to securing borders? >> he certainly suggests that he wants to add a series of questions. right now, you have people who, for example, with want to be citizens, will have to pass a test, expressing their knowledge, confirming their knowledge of u.s. rights and values. he clearly would like to see them, also, affirmatively state that they believe in those values, and the same with other people entering the country. that is probably within his authority. congress could stop it, but it probably is there. he's also suggested that he may slow entries from countries where he doesn't feel there's sufficient ability to confirm the backgrounds o individuals. once again, he probably has that authority. he enforces these rules. and the rules, as they stand now, gives the executive the obligation to make sure that people are not dangerous to the
9:46 pm
united states. there are very general terms in those rules. >> very interesting. professor, so good to have you here tonight. thank you so much. >> thank you, trish. >> all right. here to react, dr. zudy dasher, the president of islamic american reform for democracy, and arash aremmish, a national security analyst and an attorney. dr. dasher, beginning with you, i know you are an advocate for reform in the muslim religion and you say we need extreme vetting. why are you so convinced of that? >> well, this is the only way to fight this war. we're at war, trish, and we can't be undergoing this natural suicide or fratricide, where we allow anyone to come in. right now the current paradigm is filtering for violent extremists. what is that. and not only should we be asking questions, our muslim declaration movement lays out these ideas. there are form of islam that are compatible with america and there are forms that are not compatible. and we should not open our doors
9:47 pm
to insurgents who would want to destroy our country from within. we should interview of the taliban brotherhood, political islamist movements should not be allowed in. it's pretty simple. >> mr. aremmish, i would like you to weigh in on this. because we're talking about a religion that has gotten corrupted to the point where it turns into a political movement, as dr. jaszer just explained. i know you've been very much against this kind of extreme vetting, but how do you make sure you don't get these people that are jihadist in the country, if you don't vet them? >> we denied 1,200 visas in 2004 alone, just based on suspicions of terrorism, okay? so it's not as if everybody who applies for a visa, almost 10 million people a year, come here to the u.s. come here without a single question being asked. secondly, the burden of proof is always on the foreign national to make the case, to seek entry
9:48 pm
into the united states. where we actually agree is that, yes, we have to protect our values, we have to protect our homeland, we have to make sure anyone who comes here is not a criminal, is not a radical, is not a dribble islamist terrorist. that is completely fine. what i'm arguing here, is expediency, a method, and proficiency. to make sure these methods are practical and these methods are actually in a way that can be yae carried out. >> but the problem is -- let me just jump in. you say that we need to make sure these people are not terrorists that are coming here. yet i don't know, dr. jaszer, that we're doing that. because otherwise, we wouldn't have seen what happened in san bernardino actually happen. i mean, this woman came here and no one had any -- >> he was not an immigrant. he was born here. >> i'm talking about his wife, who came here from pakistan. >> but arash, your paradigm of filtering against terrorist organizations, terrorism is a tactic. the ideology that threatens us is theocratic islam.
9:49 pm
and when you have the father of the orlando terrorist sitting behind hillary clinton, going through many security clearances, you realize that -- >> he never went through a security clearance. >> secret service filtered him. >> he never went through -- >> one at a time, one at a time. >> you think that right now -- >> people -- >> do you think that right now we're vetting against members of the taliban. >> arash, go for your point. we have 30 seconds left. finish your thought. >> i'm arguing practicality and feasibility. mr. trump is behind in the polls. he is trailing hillary clinton, almost every battleground state. this week is immigration of muslims, next week is mexicans. he has to do something to rally the base. >> i think -- >> a lot of national security concerns right now and he's tapping into that, for sure. thank you so much. good to see you both. lots more coming up. breaking tonight, three u.s. swimmers were just removed from a flight back to the united states after new questions and video surfaced in a reported violent armed robber of the
9:50 pm
olympians. and star ryan lochte. and star ryan lochte. trace as you totaled your brand new car. nobody's hurt, 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. smart. with liberty mutual new car replacement™, we'll replace the full value of your car. liberty stands with you™. liberty mutual insurance. .
9:51 pm
9:52 pm
9:53 pm
breaking tonight, we are getting reports that three u.s. olympians were just removed from a flight back to the united states after a judge raised new questions over the athletes'
9:54 pm
story that they were robbed at gunpoint in rio. trace gallagher is live in our west coast newsroom with the latest on this. what's going on, trace? >> trish, four u.s. swimmers were involved, only ryan lochte and james gave statements to police, but two others were also pulled off a plane as they tried to fly back to the u.s. and there are reports james feigen was also taken off the plan. remember, a rio judge wanted to bring in lochte and feigen for more questioning, but lochte flew home and feigen moved out of the athletes' village. they claim they were robbed and attacked on the way home from a party and the robbers impersonating police officers put a gun to his head, took his cash and wallet, but left his cell phone and olympic credential, but the judge questions why the americans didn't know where it happened, what time, or anything about the taxi they were in. the judge says the swimmers claim they left the party at
9:55 pm
4:00 a.m., but surveillance video shows them leaving at 5:50 and arriving back at the olympic village, according to this video obtained by at 6:56. the judge also noted the swimmers' calm demeanor upon arriving back, saying it seems the victims arrived with an unshaken physical and psychological state. lochte claims they don't remember much because they were intoxicated and didn't report the crime because they feared getting in trouble. lochte's lawyer says his client will not be returning to brazil, and, quote, he stand by what he provided in that interview and signed off on. remember, james feigen was still in brazil, but now there are reports he, too, was taken off of a plane. we're trying to find out if, in fact, they have been arrested. >> thank you, trace. all right, we're going to be right back. "ow..." "are you okay?" "yeah, i just got charged for my credit monitoring.
9:56 pm
that's how i know it"s working." "ah. you know you can go on and check it out there. it's completely free." "really?" "yeah" "oh, that didn't hurt at all." "yeah, completely painless." "credit karma. give yourself some credit." while the other guys use frozen beef from far away. wendy's only serves fresh beef from ranches close by. so we don't have to freeze it. add six strips of thick, applewood smoked bacon. and wendy's baconator isn't just different, it's deliciously different.
9:57 pm
and an early morning mode.ode. and a partly sunny mode. and an outside... to clear inside mode. transitions® signature adaptive lenses... ...are more responsive than ever. so why settle for a lens with just one mode? experience life well lit®. ...upgrade your lenses to transitions® signature. now get up to a $90 rebate by mail. when you purchase glasses and sunglasses featuring select brands. ask your eyecare professional or visit for details.
9:58 pm
9:59 pm
thanks so much for watching and my thanks to megyn and her
10:00 pm
terrific team for letting me fill in for her. see you tomorrow and every day at 2:00 p.m. eastern on the fox business network. have a terrific night. isisisisisisis next. welcome to "hannity," and we are at the pats theater. welcome to milwaukee, wisconsin. how are you? the entire hour. donald trump will join us to talk about the threats of radical islam and what it poses and how we can ultimately defeat it. tonight we'll also hear from victims of terror attacks and family members and the author of "defeating jihad," dr. sebastian gor gorka. we have a huge, fun, enthusiastic audience. governor is here, sheriff clarke is here tonight, but before we get started, on a serious note, this summer we have seen a wave of violence inspired by radical islamists both


1 Favorite

info Stream Only

Uploaded by TV Archive on