tv Happening Now FOX News March 27, 2018 8:00am-9:00am PDT
help. a fascinating story. how we can all be connected and cheers to shannon bream for help him. "happening now" starts right now. >> melissa: a fox news alert as a change to the 2020 census is sparking controversy with one state taking legal action. i'm julie banderas. >> and i'm eric shawn. the trump administration wants to ask a question about citizenship in the next census. the officials hoping to help the justice department enforce the voting rights act, which protects minority voting, but critics charge asking if you're a citizen will discourage immigrants from responding. the commerce department says the citizenship question is nothing new. pointing out that almost every census between 1820 and 1950 had it in some form. the democrats today are blasting
the move and california's attorney general is vowing to sue over it. he calls the citizenship question not just a bad question but an illegal move targeting minorities. doug mckelway has more. hi, doug. >> morning, eric. the year 1950 was the last time that the u.s. census required a question about citizenship from every respondent. that is about to change. there was a request to reinstate the question regarding citizenship on the 2020 census. this data is critical for section 2 of the voting rights act and important protections against racial discrimination in voting. the letter cited how the supreme court has held that section 2 of the voting rights about prohibits voter delusion by any jurisdiction engaged in redistricting. the change is drawing tremendous fire from different groups like
the league of women voters. they say -- >> now the california attorney general is suing. he writes -- >> i don't know how it's illegal for a federal agency like the census bureau to ask questions. >> now the center for immigration studies notes that questions about citizenship have long been included in the american community survey, which is conducted every year on 3.5 million americans in the american households, about 15%
of the nation. only 1.2% refused to share citizenship information on the survey and it's unclear if that is for fear or decline in civic mindedness. the center notes that the decline and participation began long before the trump presidency. that's not going to do anything to diminish the fight, which is brewing as we speak, eric. >> thanks, doug. in a few moments we'll talk to judge andrew napolitano whether is good or bad. julie? >> russia threatens to retaliate after president trump joins more than 20 countries in kicking out russian diplomats against the poisoning of a spy and his daughter in great britain. >> as president trump likes to say, he doesn't like to telegraph his punches. we think the retaliation that would come from russia would be inapt. this starts from russian action. >> joining me now, tom rogan for
the washington examiner. thanks for coming on today. you know, this reaction being the largest expulsion in history is a long time coming. british authorities say that more than 130 people in salisbury could have been exposed to this nerve agent. this is a biological attack. should it not have been seen as an act of terror? >> i think it was a state-sponsored act of terror. clearly the russians wanted to send a message and this is the british intelligence conclusion that they didn't want to assassinate sergei and his daughter. they wanted to show that they didn't care about those that harbor russian traitors as they would see it. and that includes of course the british people. but i think the take-away from this expulsion is a reflection of theresa may, the british prime minister's diplomatic skill and president trump's living up to his words at the summit that he would be
britain's closest friend. it's a pretty striking expulsion that we've seen here. >> so prime minister may said the father and daughter may never fully recover from the attack they suffered. they suffered brain damage after being exposed. the kremlin denies any connection and now threatens retaliation against the u.s. and other countries for saying enough is enough. how does russia get to retaliate here when it's vladimir putin's deadly war against dissent? >> they can do a number of things. the first thing they can do obviously is to expel other western diplomats in the same way that has happened to their diplomats. in the short term, they will probably increase the level and aggression of their harassment of western diplomats in russian, their families, journalists there. some of that gets very
unpleasant. if they stop doing that, i hope what trump will do will be to tell the fbi counter intelligence division to start, you know, knocking their cars into the russian ambassador's car. you have to play the russians in their own game in that regard. otherwise, they will retake the strategic initiative, as it were. >> and because of pride, you know vladimir putin will be exchanging much of the same. he will be expelling the united states diplomats out of russia. what do you believe that vladimir putin has up his sleeve when it comes to this retaliation that he's threatening? >> at the higher end level, you can see, for example, him authorizing new strikes. he authorized this one against other defectors -- >> and he denies it. >> he is. but he's the kgb guy. that's the pagentry of the kgb. and i would say that you'll see new assassinations in the near term future to try to show -- to try to scare the europeans in
particular. he has an understanding that britain and united states will go eye to eye. but germany and france, can he escalate over them. >> here's a statement about the retaliation against russia and how these countries are coming together and could make a difference. let's listen. >> this is countries responding to a reckless attack, an outrageous attack in the u.k. that not only targeted the individual that the russians were targeting but left a lot of collateral damage and endangered innocent lives, including children in a way that was unacceptable. >> so vladimir putin was just re-elected. that was no surprise. this is not going to go away. what is the next step? >> well, i think you have to continue to pressure the russians in terms of these actions. frankly, the british need to do more in terms of locking russian organized crime money out of london.
unless they do that, their influence is slightly more. but it requires checking the russians. not with super escalation but realist checking. you can see under jim mattis and the ukraine and pompeo at cia, much more aggressive action below the service. so that needs to continue. if you do that ultimately it's the lesson of russian psychology or strategy that you can check them, that you can find a realist compromise. if you do that, tensions come down and you move to a position where president trump might be able to do some of the grander compromises that he's talked about. >> thanks, adam. >> thank you. >> eric? >> this just in. a father of pulse nightclub shooter omar mateen down played comments that he's son made before the attack. an fbi agent said sadik mateen
flushed off threats his son made in 2006 calling them examples of "him being stupid." yesterday it was revealed that sadik was an fbi informant a decade. that prompted the widow's request for a mistrial. the judge denied it. >> stocks trying higher on wall street today building on yesterday's huge gain, as you can see. the dow up 60 points at about 24,000. when markets have their best days since 2015, traders say the green arrows are back. that is good news. chinese officials are working with the u.s. to ease trade tensions. >> that's good news down there in wall and broad. vladimir putin visiting a memorial for dozens of people killed in the shopping mall fire. angry residents are protesting in the streets. we'll have that. >> and plus california's attorney general taking on the
trump administration again. >> california is practically seceding from the union. you guys are about to do a piece on orange county seceding from california. where does it end? >> you know who that is. judge napolitano will be here talking about the wedge between the golden state and the feds. we'll be right back. hello, i'm an idaho potato farmer.
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>> eric: california suing the trump administration over adding the controversial question regarding citizenship to the 2020 census. the attorney general said the question is not just a bad idea, it's illegal. is it? joining us now is judge napolitano who knows all. so judge, how are you? is it illegal to ask citizenship? >> no, i don't think it's illegal to ask the question. it's illegal to give the impression that one is required to answer the question. so basically when the census people come knocking, they're only entitled to force you to answer one thing. how many people live there. beyond that, you don't have to answer anything. >> this thing is like a phone book now. >> yeah, they want to know how
many toilets, the range of income, this is the range of government. the federal government has the authority, the obligation under the constitution to know how many people live in a state so it can apportion house of representatives. so i started to counting heads to counting every aspect of humanity. it's a crime not to answer. but i have never heard of anybody being prosecuted for not answering. it's also a crime to answer falsely. you will be prosecuted if you answer falsely. think about this. same constitution that says the government has the right to count noses also says you have the right to remain silent. >> eric: so you tonight have to. >> you have to say how many people live there. you don't have to answer beyond that. >> eric: critics say there will be an undercount in the district and they say it's targeting minorities to suppress the vote
and have fewer people. >> i don't know what the basis for that allegation is. i do think that people will probably answer falsely. people who are not here legally. they will think that their answer will trigger their deportation. as i said, the government can ask what they want but you don't have to answer it. >> eric: you can leave it blank. >> yes, you can leave it blank. >> eric: the census is anonymous. they know your name, i guess, because they sent it to you when you get it but you send it back and your name is not in it. doesn't that protect people? >> theoretically it does. it depends where you live and what the neighborhood is. i remember once i didn't want to answer the census and then the phone rang in my apartment. it was the census taker calling me there downstairs. i said who is this? she said i'm here to take the census. i said one person lives here good-bye. i hung up the phone. because you have the right to remain silent. i don't like the
politicalization of the census. the government has legitimate questions that it needs to have answered. they have to do so in a less intrusive way. >> eric: and it obviously has very meaningful use. for example, there's broad band questions. that helps the government find out if there's rural broad band where they don't have internet service, they don't have cable television. i say how come they ask? it's to help the government know the deficits in this nation. >> right. would you answer this 40-page form? you, eric shawn? >> i did. i did. i don't know if i -- >> you're a bigger man than i am. >> eric: i asked -- i remember the toilets. they asked the bathrooms, the number of bedrooms. they don't ask about the cat or the dog. >> surprised. >> eric: so bottom line, they can put it on be fine. you don't have to answer. >> correct. that's where the courts will go if the attorney general of
california gets this to court, he will lose. he will have a partial victory. the partial victory in my opinion is the fed can ask what they want but you don't have to answer. >> eric: thank you. >> census takers, make sure he fills it outs. >> they're going to come after me now. i'll get more than a voice on that phone. >> eric: thanks, judge. julie? >> julie: i've never had a census taker come to my home ever. i don't want to jinx myself. i don't mean to brag either. all right. the balance of power on capitol hill is up for grabs in the november mid terns. if republicans want to hold on to the house, analysts say it could come down to one voting block. we'll tell you what the that is. plus, why one state just hit the brakes on uber's self-driving cars. >> as long as it was tested. >> it's scary. what if they malfunction and you crash?
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you know what's not awesome? gig-speed internet. when only certain people can get it. let's fix that. let's give this guy gig- really? and these kids, and these guys, him, ah. oh hello. that lady, these houses! yes, yes and yes. and don't forget about them. uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. >> eric: arizona's governor is suspending uber's self-driving car privileges in that state.
that after a pedestrian was killed in a phoenix suburb last week. she was crossing the street. the governor says video of the crash raises concerns about the company's ability to safely test its technology. the fatal crash was the first death involving a self-driving vehicle in our country. the governor wants safety to be the top priority for those operating self-driving cars. >> julie: just in on the mid-term elections. the gop works to maintain control of congress. it could all come down to suburban voters. "the washington post" writing, if republicans want to hold on to the house, they have to compete in communities that have little to do with the working class regions that sent trip to the white house in 2016. affluent white collar suburbs of democratic cities, many of the most competitive house seats are in the bedroom communities of los angeles, chicago, denver,
houston, philadelphia, new york and washington. joining us now, republican congressman dave brat from virginia who is on the budget committee and the freedom caucus. thanks for talking to us. >> you bet. thanks, julie. >> julie: what has happened to the working class that voted for president trump in 2016? >> yeah, well, some of the stories i think are overhyped. i did a ph.d. in commission. the average income in my district is $70,000. that's not tony. so the working class matters. we have 10 million people that left the work force. we need to get them back in. in terms of running, the suburban moms and dads, i am one. what do they care about? they care about their kids getting jobs. we just did a tax cut bill. we had economic growth of 1 or 2 and now looking at 3 or 4 going forward. so people's paychecks are growing. the kids are getting jobs.
the democrats put in a tax increase last year, 107 votes for a $107 trillion tax increase. if you do that, you halt the economy. we're in a recession. we did a tax cut and we're growing. suburban people all work for a living. they're all doing well in the economy where i live. i think that is favorable. on national defense, the republicans just plumped up defense. we want national borders secure and want to end illegal immigration. the democrats don't. so issue by issue. democrats socialized healthcare. promised you can keep your healthcare. it's all false. you run on those issues in the suburbs, you win. >> julie: you look at the numbers, people vote based on whether they're better off today than they were a year ago. let's say that. so people's taxes have gone down, the paychecks have gone
up. the child tax credit has gone into effect. when you talk about the working class, that is not -- that's not exactly a democratic base there. the democrats should be happy with the fact that the working class is doing better than they were a year ago. i want to talk about the trend leaning more democratic. in illinois, for example, the sixth congressional district. last week, 6,992 people voted democratic for seven candidates. this is in "the washington post." that's up from 8,615 in the 2014 primary in a district that voted for mitt romney in 2012, hillary clinton in 2016 and it says that a warning is being send in letters as big as bold in any that have hung on a trump building. does this has more to do with those that don't like president trump or what he's done for our
country? seems like there's a disconnect here. >> you're right. the mid-terms after you elect a president, there's usually a wave on the other side of some magnitude. the "washington post," you have to watch out. you want real news. they covered my race and said i had no prayer. wouldn't cover my race. they were off by 30 points. right? so other than that detail, they've been off on the polling. so you have to take that with a grain of salt. i think we're doing good on the budget. all sides are not happy with the budget. we wanted to plump up the military. to get the democrat votes -- the democrats run as fiscal responsibility. they say they're for growth or something like that. they said for national defense. if you look at how they govern, they voted against tax cuts, every democrat voted against tack cuts. on the budget, they wanted to plus up more. we cut taxes $150 billion a year. they complained about that with a debt. they added $400 billion in spending. not a word from the mainstream media. we have a winning hand. we have to get it out to the
people. >> julie: thanks, congressman. that's all the time we have. we have breaking news. thanks very much. >> eric: could be a controversial decision. no charges in a case in louisiana. you're looking at the attorney general announcing the long-awaited decision. it's about potential state charges against the two police officers that were involved in a deadly shooting of alton sterling. sterling was a black man that in july 2016 was selling cds outside of a convenience store. he was known as the cd man. after midnight, an anonymous caller called 911 said there was a man threatening people on the street. in the confrontation police department, sterling was shot by police. they thought they thought he had a weapon and a 38 caliber weapon was recovered from sterling at the time. the attorney general announcing no charges in this controversial case. the department of justice
previously declined to -- after its investigation also declined to file charges as well. meanwhile, a preliminary report on the deadly helicopter crash in new york city has come in. what happened after it nose dived into the river. and the white house taking tough action against moscow after the poisoning of a former russian spy. >> we've been joined at the hip with the u.k. on this matter. we stand firmly with our ally. i'll classify this as brazen and reckless.
>> julie: new information on the new york city helicopter crash that killed five people. an ntsb preliminary report revealing the pilot told investigators that he thinks a passenger's harness got cut off on the fuel switch and causing the helicopter to crash. laura has more. >> such a tragic story. the preliminary report detailed what the pilot of the helicopter says happened march 11 when he was forced to crash land in the icy waters of the east river with five passengers on board. the pay lot said he is flying what is known as a doors-off ride around manhattan when he lost power. he considered landing in central park but decided there were too
many people. after the engine failed to restart, that's when he headed for the east river. we have another video to show you posted on inthat -- instagram. the front passenger slid across a seat dangling outside the helicopter. vance said when he reached down for the emergency fuel shut off lever, it was in the off position with a harness underneath it. the ntsb has not issued findings and the report did not offer an opinion as to whether the pilot's observations were correct. the helicopter flipped over and sank while they were harnessed. the passengers were all given cutting tools to release themselves from an emergency. the pilot was not wearing a harness and was the only one able to get out.
according to the most recent post, they have chosen not to operate doors off flights. however, there are reports that they will receive the flights as early as next weekend. the website boasts that we take your experience further than anyone else in the industry. we'll let you know more as we get it in the newsroom. >> julie: thanks, laura. >> eric: and more than 100 russian diplomats are starting to back their bags, including 60 here in our country. 20 countries expelling the russian officials. that move in retaliation for the poisoning of an ex-spy and his daughter living in britain and a string of other murders that have been attributed to moscow as state sponsored terrorism. russia is denying the accusations and causing the move to boot the officials is an unfriendly step that will not go unnoticed. >> how do you see this move?
>> not really -- a mirror-like response. >> eric: we're joined by former press secretary for george bush, ari fleischer. do you think these measures were strong enough to deter vladimir putin? >> well, they're the right steps to take in reaction to this. i don't think it's strong enough with our overall relationship with russia. this is welcome. 25 nations including many in western europe, which has a history of being soft on russia and the eastern block nations, the former soviet satellite states and the united states is leading the way in this in terms of the number of expulsions. when one nation does something inappropriate and messes with international order and law, it's right and you must retaliate. we retaliated. we need to do more, but this is
very appropriate. >> eric: it's stinging. but does it mean anything? you know it's going to happen. doesn't putin just resend new people in? >> that ultimately will happen. that works in both directions. but here's what is difference about this. it's the 25 nations that joined together to do it. what vladimir putin wants is prestige. prestige, respect and wealth are the three things he wants the most. this hurts the prestige of russia and hurts the respect for russia. when 25 nations join to do it, it sends a signal that russia is becoming an international pariah in terms of its behavior. you cannot attack sovereign citizens of another country and that's what russia did. this is appropriate. >> eric: you mentioned a key thing in dealing with vladimir putin and the oligarchs. that is wealth. we posted new sanctions because of the interference on the elections. should the u.s., the e.u. now go
after the wealth of the oligarchs? bar them from the international banking system? hit them in the purse. hit them where it hurts. the "wall street journal" is advocating that. >> i've been advocating that as wale for some time. you have to go after the oligarchs that have culpability. the thing that will bring attention in moscow is if you start to seize assets, freeze wealth and impose travel bans. a local of the oligarchs made their money through nefarious means in russia and love to travel other plays from russia. they have to be people connected to russian hacking and interference of elections including ours or in any way tied to the criminal activities. those are the people you need to go after. >> eric: they did that with the
one guy, the billionaire oligarch. so do you think as you have suggested that going after the personal money and that ability to be in the banking system will be the next step in this step against putin? >> i'm not willing to speculate. trump has been tough. he used the red line in syria and used the military strength. that's one thing that obama didn't do. i add that president trump should speak out. all the reasons he's not speaking out, because russia has stuff over him, it's ridiculous. his actions have been tough. he should bolster actions against russia. >> eric: you're right about that. even though he called putin and congratulated him and -- >> it's fine. >> eric: for not being strong enough and stinging against him, seems the policy has shown
otherwise by this administration. ari, good to see you. thank you. >> thank you. >> julie: a major development on the suspicious packages left al military bases in our nation's capitol. what police just announced. we'll tell you. adding a citizenship question to the 2020 census sparking outrage from some democrats and legal action from one key state. much more on the political fallout next.
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explosive materials. the one that was sent to mcnair tested positive for black powder and had a fuse. the fbi in possession of the packages and trying to determine if some of the others were explosive also. julie? >> julie: breaking new, the political fallout from the change to the 2020 census. with the trump administration reinstating the question about citizenship status. congressional democrats blasting the move saying it undermines the accuracy of the census and would discourage immigrants from responded. while the attorney general says it's illegal and his state will be suing over it. joining us now, alexander smith, executive director of america rising and from the republican national committee and david bernstein, a processive commentator. alexander, let's start with you. should the 2020 u.s. census include areas where illegal
immigrants are widely populated? should that question be asked? >> sure. it's important like the constitution says to count all of the people so that we have a good understanding of what is going on out there. as the president and congressional republicans tapped into particularly in the 2016 elections, illegal immigration is a huge problem. it's a real weight on our resources and what we can do as a country and the census should provide an accurate picture of what that is going to look like. so i think that what the president and the republicans are doing in congress are just responding to concerns from the american people. >> julie: a lot of democrats will argue that first of all, partisan politics is unconstitutional. the state of california is suing over it. but with that said, is it not important to know certain areas that do have higher levels of illegal immigrants when it comes to the president's policy? i'm just quoting president here, his issue has always been number 1 illegal immigration. immigration reform.
so considering the president we have in office, is it that much of a surprise to you, that this is happening in 2020? >> of course it's not a surprise. doesn't mean it's the right thing. we do need to know how many people are in the country, which is all the more reason why we shouldn't have a question like this on the census. everybody knows this will actively discourage people because of this president's policies from answering that question because they will feel they're putting themselves to be put on a list to be deported. this president has said that is his stated goal, which is to do that. i think the concern is that it will lead to a less accurate count among other things of who is actually in the country. >> how do you it then for planning purposes? you want to have an accurate census that accounts for everyone in the country, whether you're an american or illegal american. how do you plan if you can't take a fair shake at trying to figure out who is in this country? >> i think that it's symptomatic of sort of where we are as a country right now.
the one question on the census sort of throwing everyone into a tizzie. california stewing over it. you have the 2020 presidential contenders already responding to it. any change to the census has been melt with healthy skepticism. there was a real concern when the obama administration tried to take it online. there were concerns it was underfunded. there's concerns of privacy. rightfully see from what we're seeing out there. any change made to this historic document, this survey that happens only every ten years will be met with some kind of defeat. the bottom line, the question has been asked before on the american community survey that comes out every year as opposed to the census that comes out every ten years. we're trying to get an accurate depiction of what is going on out there. >> you raise a point that a lot of democrats are frowning upon this because of the fact that the president in office right
now has not been able to resolve daca. there's 800 million illegals in the country, millions more under the daca program. they're not going to wall to fill out this survey. what is the point of the census if you know that they're not going to fill it out accurately because they're afraid they'll be deported? do we get a real read of who is in this country? >> right. you put your finger on the problem. it seems the president's political agenda is overtaking his constitutional responsibility because there's very few things that are listed in the constitution that has to happen. one of them is this census. the constitution does not provide how it needs to be done but says it needs to be done and it's a pivotal foundation of how we do business in this country. >> julie: the issue is the state of california. california has a history. now they're suing over the census thing. harboring illegals and sanctuary cities and the list goes on and on. where does the line get drawn? you know, you're talking about a state that has actually harbored
criminals, violated the law mull time times, violent criminals. where does california sit back and realize that protecting the criminals is not the way to go? certainly suing over the census is a different issue. seems like california has a history here. you know, what do we do about it? >> i think that what california and what we're seeing nationally, we've seen an attempt to draw people out of the shadows, whether it's through the daca program, which the president has said and the president and congress has said that they want to keep going. nobody wants to kick out the kids that were brought here through no fault of their own. or not that i necessarily agree with this, but look at states like california and others that have adopted -- drivers licenses for illegal aliens. there's more of an attempt to bridge that divide. i'm skeptical how it would influence your response to a census that's being given to you
to have one particular question related to it citizenship. this is a time where we're finding more information out about illegal immigrants. >> julie: we have to go. final word. >> i hope the president will reconsider this if he actually wants -- >> get the democrats on the table and come to a resolution when it comes to daca. that's what he wants. he wants the dacas to come to the table and pelosi and schumer are not. if they could agree with him, he would like to protect the daca recipients as well so long as he gets money for the wall. >> should be a no-brainer. >> julie: let's hope. everything should be a no-brainer. we're not in washington. eric? >> eric: thanks. you're right. researchers say they're amazed by the results of a new program aimed at curbing opioid use in hospitals. could this be the answer to the deadly epidemic? >> it's affected everybody at every level. because it's so easy to get
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>> on "outnumbered," there's growing speculation that kim jong-un just made a secret trip to beijing. new polls show that they like president trump meeting with the north korean leader. >> could president trump survive the stormy daniels saga the way that bill clinton survived his scandal? we'll ask. >> yeah. energy secretary under president clinton and former u.s. ambassador to the u.n. who has made multiple trips to north korea, bill richardson. >> first time, by the way.
>> julie: we turn to the opioid crisis. colorado researchers reporting better than expected results from a new pilot program reducing opioid use in emergency rooms. now hospitals across the country want to take the same innovative approach. alecia ocuna has more. >> ten colorado hospitals attempting to lower the number of opioid prescriptions in emergency rooms. the goal of the hospital colorado association to drop the prescriptions by 15%. six months later, e.r.s have doubled the original target. 36%. they first encouraged positions to write fewer opioid p prescriptions without narcotics. they want to treat pain at the source point instead of through the blood stream. >> at this point, our practices have been engrained.
we have changed the way we practice emergency medicine and change the way we approach pain. going back to the old ways of prescribing opiates is not an option. >> julie, listen to this. according to the national institute of drug abuse, nearly 80% of heroin users started with a prescription opioid. doctors in this program see hope in the epidemic. julie? >> thanks, alecia. >> eric: former u.n. ambassador bill richardson will be here. he has a long history of negotiating with north korea. he will be on "outnumbered" straight ahead. tries to get in my way? watch me. ( ♪ ) mike: i've tried lots of things for my joint pain. now? watch me. ( ♪ )
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now. >> american diplomats are bracing for retaliation from russia. more than two dozen countries following suit and what britain calls the largest expulsion in history. now russia says they will be respond. this is "outnumbered." here's sandra smith. co-abe core on ask the bell, melissa francis and marie hart. and joining us for the first time, bill richardson, energy secretary under bill clinton. there's more but we'd run out of time. governor richardson, thanks for being here. >> nice to be with you. >> ready to talk about the diplomats? >> i'm ready. >> let's do it. russia says they will respond after president trump leads the way joining two dozen countries to e