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tv   Special Report With Bret Baier  FOX News  June 4, 2018 3:00pm-4:00pm PDT

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families with specialee. his sister has down syndrome and he was there to dance with the guests and says he will do it every. >> jesse: very nice. greg igoing to take this. >> greg: fair and balanced is your dam. make way for shannon bream. >> what can i say? thank you. president trump says he absolutely has the right to pardon himself but there is no need to. the supreme court sides with a colorado baker who refused to make a custom wedding cake for a same-sex couple. bill clinton speaks on the lewinsky scandal, whether he was right to stay in office, and the me too movement. this is "special report" ." good evening. welcome to washington. i'm shannon bream in for bret baier. would begin with a hypothetical that is causing some very real concern about the president, the special counsel, and the constitution. president trump says he has the
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right to pardon himself should the russia cushion probe make it necessary but he says there will be no need since there is -- it is unconstitutional and he is innocent. good evening, john roberts. >> a week from today, president trump us had to sit down for a historic summit with the leader of north korea, but even as he prepares for that meeting, president still very much has the russia investigation on his mind. president trump began his 500th day in office by igniting a firestorm of legal and political debate. diving back into the russia investigation. any breakfast wheat, insisting, as has been stated by numerous legal scholars, i have the absolute right to pardon myself but why would i do that when i have done nothing wrong? in a conference call with supporters, president trump double down on a morning tweet that the mueller probe is totally unconstitutional. >> president trump: it's not even constitutional.
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in my opinion. >> the pardon issue surfaced in the letter president trump's outside counsel wrote to robert mueller in january, the letter obtained by fox news laid out myriad reasons why mueller has no legal standing to ask for an interview with the president. attorneys john dowd and jay sekulow argue the president could come if you wish, terminate the inquiry or even exercise his power to pardon. democrats rushed to say no, he couldn't. >> it's not the rule of trump. it is the rule of law we live under in the united states of america. even in 1974, richard nixon's justice department made it quite clear that nixon could not pardon himself. the same thing is true here. >> president trump's current outside counsel, rudy juliana, says the president likely does have the power parted
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himself though to do so would be political suicide. >> the president of the united states pardoning himself would be unthinkable and would lead to probably immediate >> press secretary sarah sanders added there is no reason for a pardon. >> the president hasn't done anything and trickle wrong and would need one. >> the letter reignited another controversy. what role did the president play in drafting the initial statement from donald trump jr. in response that 2016 meeting with the russian attorney. a four days after the statement, outside counsel jay sekulow said the president was not involved. >> that was written by donald trump jr. and ims were thin consultation with his lawyer. >> the press secretary later said he was involved but only marginally. >> he didn't dictate. he weighed in, offered suggestion like any father would do. >> the january letter written by jay sekulow contradicts both of those statements. it informs mueller you have received all of the notes,
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communications, and testimony indicating that the president dictat a short but accurate response to "the new york times" article on behalf of his son, donald trump jr. giuliani believes psyche sekulw misspoke. >> i think he was wrong. >> the president's attorneys argued that the statement was a private matter between the president and "the new york times." a private matter that robert mueller has no business sticking his nose into. giuliani added yesterday that he is leaning against having the president sit down with robert miller. shannon. >> shannon: a bit of whiplash. ian k track. the suggestion is no. john, thank you. the supreme court sides of the baker who refused to make a custom cake for a same-sex couple. today's decision leaves unanswered questions. >> jack phillips was not
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tolerated by the civil rights commission of colorado. >> the legal team for colorado baker jack phillips is celebrating stay. after a 7-2 supreme court opinion holding that phillips never got a fair shake when he was sued by a gay couple after declining to create a custom cake in celebration of their same-sex wedding. writing for the majority, justice kennedy noted that at least one of the colorado commissioners who heard the original complaint likened phillips' explanation and religious beliefs to those who supported slavery and the holocaust. "this sentiment is inappropriate for commission charged with the solemn response will be a fair and neutral enforcement of colorado's antidiscrimination law." kennedy pointed out that a number of the commissioners statements implied "their religious beliefs persons are less than fully welcome in colorado's business community." kennedy himself noted that the broader legal issues in this dispute are far from settled. i must be done so with tolerance
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for both sides become a living lgbt advocates with mixed feelings. >> we are certainly disappointed that the supreme court found in this narrow set of circumstances in favor of the baker. but what's important here is a eme court in no way undermined o nation civil rights laws. >> shannon: the couple of the center of the case, charlie cragg and dave mullins, say "today's decision means our fight against risk termination and unfair treatment will continue. we will continue fighting until no one does." in justice ginsburg's dissent, joined by justice total mayor, she found it irrelevant that phillips sold cakes and cookies to and customers despite the fact that he would not create custom wedding cakes for them, adding "i see no reason why the comets of one or two commissioner should be taken to overcome phillips refusal to sell a wedding cake." both sides agree that today's opinions does not settle the
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issues. the justices will consider whether or not to hear the case of a washington state florist who declined when a long-time customer of hers asked her to do flowers for his same-sex ceremony. let's talk about the legal arguments. senior clinical analyst brit hume joins us tonight. good evening. your reaction to this ruling. >> i think you are correct when you suggest that while it's not an narrow vote, it's an narrow holding in the sense that it applies for instance in which the court found that this baker didn't get a fair hearing. the colorado civil rights commission was so biased against him and biased against the baker's religious convictions and belittled those convictions, describing the argument as despicable, that it wasn't a fair hearing and couldn't stand pretty give some recognition to the idea that religious convictions may be a reason to deny services in certain
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circumstances. we don't know what those circumstances might be. a bit of florist case will tell us more. >> shannon: to the other legal issues, there president and whether or not he can pardon himself. the constitution doesn't say anything about that but he's getting a warning from his own top lawyer. >> rudy giuliani was saying yesterday. saying it would be disastrous. he pointed out that if you pardon himself, pardons don't apply to impeachment. and the question of whether he can pardon himself remains an open question in the sense that pardon power is pretty sweeping and the president can exercise it as he sees fit. but it's never been exercised in a case where a person, a president is pardoning himself. the constitution is silent on it. there is a principle that we recognize which is that no person shall be the judge of his
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or her own case. this would seem to fly in the face of that. it's a doubtful proposition that he could pardon himself. >> shannon: it goes along with the advice that you shouldn't be your own lawyer. you can't be your own judge. there is this issue, 1974 decision came from with in the department of justice. >> this goes t the question of whether the president could be indicted by robert miller. in the nixon era the justice department, legal counsel, justice department in-house attorney determine that a president, a sitting president could not be indicted. it was looked at in 2,000 by the same office of legal counsel, different people came to the same conclusion. the justice department offered legal opinions like that are not binding law. they are binding on the department. since robert mueller is a creature of that department, not an independent counsel, special counsel working for the justice
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department, presumably those opinions would be binding upon him. that does not mean that if the president was determined by the special counsel 12 committed some crime for which he could be impeached, he could then be indicted. if he was found to have obstructed justice, once he is impeached, he's not in office and the opinion doesn't apply. he could be tried. >> shannon: those are the left raising the cry saying that he's an imperialist, he's going to do everything for himself and pardon himself, the constitution widely provides him that. >> the argument being made that the president is declaring himself above the law. impeachment is a core part o the law. so long as he is vulnerable, susceptible, subject to impeachment, he's not above the law. >> shannon: he and his attorneys maintain it's a moot question. he has done nothing wrong and they are c that's what the special counsel will find great >> i think it's the silly issue. the big it's going to happen.
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could be calamitous politically. >> shannon: i think it was that chair of the senate judiciary mittie chuck gy who said moments ago i would fire my lawyer if they advised me to pardon myself. also the supreme court ruled in case of a pregnant immigrant teen in the u.s. illegally who obtained an abortion with the help of the aclu. justices sided with the trump administration, wiping away a lower court decision allowing her to have the procedure legally since the case was moved. but they rejected a suggestion her lawyer should be disciplined for giving her the abortion while the trump administration is working to build a case to the supreme court. stocks up. dow gained 178. s&p 500 finished aad 12. nasdaq jumped 52, finishing at a record high. canada's threat to reciprocate a new year's import tariffs could even extend to something as
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benign as maple syrup. it's the latest example of entrenchment between the u.s. and some of its top trading partners. correspondent kevin corke has more tonight from the white house.>> tse tariffs,hey e purely defensive in nature. they are designed basically to bring these industries back to life and guess what. from day one, those tariffs were announced, they are working. >> working, say officials, to restore commerce and enhance u.s. national security. the president's twitter feed has assailed the uess tariffs, adddefiantly by the time i finished trade talks, that will change. massive trade deficit is longer. the united states has t largest trade deficit. it's been that way since 1975. within an $811.02 gap in 2017 alone. nearly half of that, three and are 25 billion thanks to china. from the united kingdom to beijing, from ottawa to mexico city, the talk on tariffs
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and sparking fears that the global trade war is imminent. today british per mr. theresa may told president trump in a phone call that u.s. tariffs on e.u. steel were unjustified and deeply dispoti mexico filed a complaint against the u.s. with the wto. china warned that increased tariffs would force her to renege on a promise to reduce its trade surplus. canadian officials stoned by fees on steel and aluminum have proposed $16 billion in which allegory tariffs. >> the idea that we are national security threat to the united states is frankly insulting and unacceptable. some experts think the strategy is well-intentioned goes too fa. >> in some respects the president's right but the answers not not to throw barriers on our side. it still worked to expand access abroad and lower tariffs across the globe. >> house speaker paul ryan has made no sect of s opposition
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to the tariffs while house majority leader kevin mccarthy says the president is merely standing up for free and fair trade. a contentious debate likely to only get hotter at the g7 later this week. >> shannon: kevin corke at the white house. thank you, kevin. two of the top republicans looking into reports of an fbi informant in the presidential campaign of president trump appeared to be at odds tonight. chief intelligence correspondent catherine herridge explains. >> in a fox interview, republican chairman of house intelligence committee devin nunes responded to his colleague and fellow investigator trey gowdy who sai the fbi acted properly when at least one alleged confidential human source contacted the trump campaign aide. congressman gowdy, part of a classified briefing on may 24, emphasized president trump told the former fbi director that if anyone connected his campaign work with russia, the president for the fbi to investigate. newness at the comments do not indicate a split but seem to question his objectivity. >> you have to remember that
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mr. gowdy believes the presidt and t tget of the investigation, his campaign's. >> nun says he wants the fbi and justice department to release the record so that concsis can bhed based on data. >> we've been waiting almost a year for documents from the deputy attorney general. rosenstein could provide all the documents, all the information we need this week. >> congressional investigators say the records may be accessible wednesday. the justice department had no immediate comment on the timing. >> shannon: any reaction from congressman gowdy? >> neither congressman gowdy nor his spokesperson returned calls and email seeking comment. fox news has confirmed that the calamities are scheduled to meet tomorrow to quiz the fda and
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i is second command was peter strzok who was removed for anti-trump bias. >> shannon: catherine herridge, thank you. former president george h.w. bush has left a hospital in maine after being treated for low bread blod pressure. the president is 93. up next, kim jong un cleans house out of next week summit with president trump. first here's what some of our fox fillets run the country covering tonight. fox 2 in honolulu. a lava flow from the kilauea volcano cut off access to more neighborhoods on hawaii's big island. the hawaii county civil defense agency says that the vigorous, eruptions are continuing in
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leilani estates. in denver, containing our wildfire. the fire is 10 miles north of durango. about 200 firefighters have been mobilized. officials hope to have it contained by tuesday. this is a live look at phoenix from fox 10. the big story there tonight, police say a suspect in four phoenix area homicides that happen in the three-day period killed himself as s.w.a.t. officers entered to his hotel room. shots were fired as a s.w.a.t. team went into the suspect's room. police officers did not fire any of those shots. that is tonight's tonight live oak outside the beltway from "special report." we will be right back. ancestrydna is only $69 for father's day.
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♪ >> shannon: israel says tax funds collected for the palestinians, the amount of compensate israelis who have come under a wave of arson attacks. israel has been battling fires. kites launched by palestinians in gaza. the fires have damaged forests and torched fields. north korean leader kim jong un is fired three top generals. the move is seen as a possible move to squash dissent ahead of next week summit with president trump. senior foreign affairs correspondent greg palkot. >> a shake-up in north korea's military brass.
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now in place, a new head of defense, new chief of general staff of the army a new director of the army's powerful political bureau. all more loyal to kim camillus consecutive >> this is a positive outcome. it would suggest that kim is positive about making real change. he's going to get rid of the people who disagree with that and it shows things could move forward. >> planning for the summit picking up steam. meeting along the dmz, the diplomatic teams. reportedly following up on last week's meeting. trying to nail down a summit agenda. no commitments yet regarding denuclearization. there are parts south korean president moon with president trump and kim will declare an end to the korean war. >> what's good about that is at some point those armies that are facing each other on the dmz could pull away from each other. that would be very significant. >> the north korean leaders
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diplomatic dance card might be filling up. bashar al-assad reportedly wan to meet and russian president putin is inviting kim to a summit. >> translator: we hope the sides will continue to enhance dialogue, improved ties come and play positive roles to advance denuclearization and political settlement on the peninsula. >> sarah huckabee sanders said today that good progress is being made on summit preparations and then start time 9:00 a.m. singapore time june june 12. mark it on your calendars. >> shannon: we have. greg palkot, thank you. next, why california's jungle primary may leave some democrats on the outside looking in come november. first, beyond our borders. rescuers using heavy machinery and travels to search for survivors or victims of an eruption ouatemala's volcano a fire. resident said they were caught
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unaware by fast-moving flows of lava and volcanic gas that have killed at least 62 people. the volcano west of guatemala city exploded sunday sending clouds into the air and hot ash mixed with water and debris. suicide bombing targeted a gathering of afghanistan's top clerics. at least seven people were killed and nine wounded. shortly before the attack struck, the clerk issued a fatwa and urged peace talks. russian president vladimir putin making security to top priority of the world cup which starts next week. there are new screening measures in place, some air traffic rules tightened. the military will have air defense missiles and other weapons ready and squadrons of fighter jets. some of the other stories beyond our borders tonight. we will right back.
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>> shannon: california's jungle primary is tomorrow and while the golden state is viewed as democratic territory, the primary format could actually work against the party's candidates in some places. correspondent peter doocy explains tonight from newport beach. >> democrats think a blue wave is building, so the party wants to hang ten tomorrow, trying to get top candidates on ballots in ten g.o.p. held districts without a wipeout. all democrats have to do to get on a ballot in the jungle primary system is finished first or second, but in some places, there are so many democrats running, support is split, and they may be left off november's ballots. >> we have eight people on the ballot. the jungle primary in california. what's on the liquor great idea, top two vote getters move forward, it's turned into all sorts of gamesmanship. >> if harley finishes third,
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there may not be any democratic challenger. a republican could be the runner-up, something he says would have minority leader nancy pelosi panicking. >> the more seats you take off the table, the more she has to run every campaign perfectly. we know in campaigns that's not happening especially when it doesn't look like there is a blue wave. turn into a blue trickle or drought. >> democrats only to challenge mimi walters are making their primary about her vote for the tax firm bill. >> one thing they tell you is a republican in orange county is never raised taxes. one of the things she's done is voted to raise taxes. >> walters disputes any liability for attacks bowed. >> people have more money in reform.ocket because of tax people feeling good about the direction of the country. they are happy. >> towards san diego, democrats try to take advantage of a climate that was so unfavorable to republicans, longtime incumbent congressman darrell issa retired. figley care very deeply about cleaner and clean water.
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clean beach, getting nuclear waste off the beaches. >> republicans believe they can keep the seat with a platform promoting problems with high taxes and sanctuarytate policies. >> they are not going to take california. there is no way. right? >> one of the democrats trying to avoid being locked out of the primary is harley ruda, about to start doorknocking for last-minute support. from washington to see if it's $1.8 million investment here was good enough for a spot on the ballots. >> shannon: peter doocy tracking as primaries, and we will be with you again live tomorrow night. thank you. more problems tonight for embattled eva chief scott pruitt. he's accused of having a top aide performed personal chores. including the pursuit of a used mattress from the trump international hotel. the incidents are revealed in a
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letter from house democrats oversight committee chairman trey gowdy. it's already under screening for several other unusual requests and possible violations. bill clinton says he was right and not resign following the model and -- monica lewinsky s. clinton is promoting a new book facing tough questions in the me too movement era. kristin fisher takes a look. >> i think i did the right thing. i defended the constitution. >> in a testy interview on the news, bill clinton refused to accept any more responsibility for his affair with monica lewinsky. >> looking back on what happened through the lens of me too, do you think differently or feel more responsibility? >> i felt terrible then. i came to grips with it. >> did you ever apologize? >> yes, nobody believes that i got out of that for free.
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i left the white house $16 million in debt. >> after the intervi, lewinsky responded saying that she is grateful to the very people who "help me evolve and gain perspective." she shared a link to her op-ed in "vanity fair" from three months ago in which he said "he was my boss. he was the most powerful man on the planet. he was 27 years my senior with enough life experience to know better. he was at the time at the pinnacle of his career while i was at my first job out of college." >> i have never talked to her but i did say publicly on more than one occasion i was sorry. >> clinton's comments being criticized by the left. >> this is one of the key reasons we have trump. >> longtime clinton friend and mega fund-raiser terry mcauliffe didn't think that apology was enough. >> i wish he had said, publicly
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apologize. felt horrible for the actions. and moved on. sticker democratic party was already moving her from being te former president was still a popular surrogate heading into the midterms. now several democratic strategists say those candidates may no longer want his public support. they certainly won't be inviting him on the campaign trail. maybe they will still be happy to have him help raise money for them behind closed doors. >> sexual harassment is a huge issue for voters living into the midterms. according to a cnn poll last month, 80% of democrats described it as extremely or very important to them. >> shannon: kristin fisher, thank you very much. former defense secretary, national security advisor, number two at the cia, frank carlucci, has died. he served four u.s. presidents in a variety of roles. he was perhaps best known as the pentagon chief who supported president ronald reagan's so-called "star wars" defense
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♪ >> impractical. the president of the united states pardoning himself would just be unthinkable.
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and it would lead to probably an immediate impeachment. house, senate will be under tremendous pressure. president trump has no need to do that. he didn't do anything wrong. >> thankfully the president hasn't done anything wrong and wouldn't have need for a pardon. >> shannon: matt schlapp, with "the hill." a.b. stoddard, guy benson. welcome to all of you. the president has tweeted a lot, as he always does. he says listen i've been told by numerous legal scholars i have the absolute right to pardon myself but why would i do that when i have done nothing wrong? >> this is basically what they called a political question. you are the lawyer. i am not. the idea that we would be in a place where the president would be pardoning himself, maybe it goes to the nation's highest court, i think with the president is really trying to say is that there are a lot of constitutional questions about everything that has happened in this whole controversy,
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including spying on the executive branch, spying on members of the opposing campaign. lots of questions. he is saying i'm going to fight fire with fire. you are doing things i view extra constitutional, including a special counsel acting more like i said and confirmed actor. he says i'm going to fight it. >> shannon: i want to play a little bit of what ed markey had to say about this. here's his take. >> it's not a rule of trump. it's a rule of law that we live under the united states of america. even in 1974, richard nixon's justice department made it quite clear that nixon could not pardon himself. the same thing is true here. >> shannon: he is referring to a memo written by acting assistant attorney general has set under the fundamental role that no one can be a judge in his own case, the president cannot pardon himself. 1974. >> nixon hoped it would be possible, but it wasn't. this is, remember we are in the
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middle of spin wire, a political campaign that rudy giuliani is waging in the press on behalf of donald trump at his request to spin things a certain way so as to form the opinions among trump supporters and others and congressional republicans were supine and completely acquiescent at this point. >> shannon: they disagree on some of these points. >> i don't hear anyone today fighting that pardon thing. ted cruz went silent for 18 seconds when asked if it was constitutional for the president to fire himself. he boasted, to pardon himself. i'm sorry. they do not push back. they said if that was my lawyer, i would get a new one. >> shannon: sounds like a push back. >> we are taking an oath to the constitution or not the man. he's not allowed to do this. they are nearly dictatorial powers he is describing in the 20 page memo and then the tweets
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this morning. it's out of line. no one pushed back that hard. they called it a distraction. bob corker wondered why he talks this way. takes away the subjects of the day. shannon, let's get back to the fact that the trump team completely lied about the trump tower meeting, description that the president gave money dictated a full statement. they know bob mueller has not. they know that the man on the legal team left because he believed a cover-up was in the hatching. >> shannon: let's talk about this. let's break it down. this is one of the things rudy giuliani said about why he doesn't want the president to testify because he said if you remember things differently, if the accounts change, it creates a lot of problems even if there is innocent explanation for everything about who dictated the letter, what input the president had. seems the story is change. giuliani said no.
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but this is why i don't want him interviewing the president. >> it hurts their credibility, no question. as i look back and i look at these clips and i watch them from the sunday shows, i am thinking what on earth are we doing here. why are we listening to the president and his team speculate in real time about whether he might do something that they hasten to add he will never have to do it. to me it's an obvious, it's a crazy hypothetical. he would never come to that. next question, no comment. instead, trump doubles down and says you bet i can do it which is why we also do here debating the finer points of whether or not the president could hypothetically get to that point. >> shannon: again, he says there's no need for it. he wants to be on the record saying i believe because of what legal scholars have told me i would be right to do this. >> there is a question about
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what are the president limits of the pardon power but there's also a question about whether a president can be indicted. i think what the founders and the writers of the constitution envisioned is that a politician the head of our government, president of the united states, chief executive, the best way to handle these questions is the impeachment process through the house with conviction and the senate. these questions about whether the president could be indicted, it hinges on this question of pardons and hinges on the question, it's really important, we have bob mueller acting much more like a senate-confirmed officer of the constitution and not like somebody who was picked to do a discrete task. that's the real question. is bob mueller being managed? is he able to pull people on his team at his discretion? if that's the case, he should be confirmed by the senate. it's a substantial constitutional questions. >> shannon: a.b., use the word dictatorial which you know is going to upset people. >> i said nearly dictatorial.
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>> shannon: if there are enough people convince this person is out of line with her has committed a crime or not or pardon himself or not, they still have a means. he is not limitless in his power. there still a way to rein him in if the lawmakers are convinced. speak up between the memo and his tweets come he's basically saying i can terminate this at any time. i can't be indicted. i can pardon myself. he used the words "absolute right." he's presenting himself as above the investigation let alone the laws. they are preparing we've talked about this for months now, rudy giuliani is preparing a political campaign in order to, basically saying he can't be indicted, he can only be impeached. what they are doing with, the reason i raised a trump tower meeting in the statement about it is because they know that mueller perceives it to be an obstruction of justice. is likely to be presented that way. the letter from january with
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those assertions is designed to say but you can't even really assess it as obstruction of justice because he can't obstruct the law. so he is sing to congressional republicans you can't even impeach him for obstruction of justice. >> shannon: it's not like yesterday that people decided there had to be a p.r. component of the political fights they are waging here. that is as old as time. >> correct. i would also note that we are all sort of analyzing and granular detail the contents of the letter, the 20 page letter that went out in january, almost the entire legal team is gone now. you could argue that some of the assertions they made in there, they are obsolete which is why i am baffled why rudy and others would even indulge this conversation about self pardons. that's a distraction right now. it's getting way ahead of anything, and yet they sort of threw that chum in the water come or at least responded to the bait from the press.
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men trump double down. i don't think that does him much of a service. >> shannon: we will see. there is an inspector general report due out. we have the mueller investigation and others, congressional bodies. the president hasn't fired any of these folks. next up from the supreme court rules on the baker who refused to make boston -- custom cake for a same-sex wedding. eat... mmmmm. eat... and go bold! try all of my bold creations pouches!
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♪ >> it is a one-off decision that only affects the baker in this particular case and has no bearing on how our nation's civil rights laws are implemented. >> certain principles will be applied to other cases. when the courts and religious people have the right to be fully robust members of the economic community, that's a
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principal that has applications in many contexts. >> shannon: we are back with the panel to talk about this opinion from the supreme court saying this christian baker in colora essentially, justice kennedy, writing this was about the original commissionhen heard the case. he pointed out things they said equating his religious claims to people who supported slavery, he said this guy never got a fair shake. it doesn't sound like my reading of this, that we got the underlying issues, the full merits of the cases. >> i think the court sidestepped it. you had seven justice is going along with it. the was not a president set, a big precedent set on the actual underlying question of where these tensions lie and how they get resolved when gay rights and religious liberty collide in the case of a small business owner declining to participate or land their artistic skills or speech or expression to a same-sex we ceremony.
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or something equivalent. i am curious to see how that will eventually be resolved perhaps in a later c but for now, this was a slap down by seven justices of the human rights commissioner, civil rights commission in colorado, and the bureaucrats that make up that tribunal who were openly hostile to orthodox christian teachings and traditions and the justices said it was open bias and they sided with the baker. i would say a significant but relatively narrow and constrained victory for religious liberty. >> shannon: it's important to remember that when this happened in colorado, it was not yet legal to have a same-sex marriage or wedding in colorado, and the commission said they had to retrain everybody in the business. they were mainly family members but they had to report back to the state on a quarterly basis for two years to tell exactly who they had and hadn't been selling to. all of those considerations were too much for the court. >> shannon, you understand this
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better than any of us combined. it makes it so confusing for people to listen to how it was a 7-2, not narrow decision but narrowly decided within, the ruling itself deals with a narrow patch of the question in the law here, particularly on the civil rights commission. it's hard for people to wonder, what it have to be the civil rights commission that showed animus towards his religious liberty which was potentially in violation by selling a cake. wanted to apply only in colorado. if a floral designer wanted to say i simply can't give you my artistic talents and skills and can't come up with a flower design or even serve you a meal, if i am a chef. people are going to wonder on both sides about what the next decision is going to be. >> shannon: i think we may get the answer sooner rather than later because the justices are having a private conference where they vote on pending
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petitions. they have a case thursday that this washington florist. a lot of people have seen this woman who essentially financially got wiped out when she had a long time customer she was very friendly with, a gay man. when it came to flowers for his wedding, she said i can't do a same-sex ceremony. they may answer some of the bigger questions. >> i agree with a.b. on the narrow case with the baker. he was willing to bake the cake. for him, it was almost, the customization for the wedding. it's the right place for the country to focus on which is there might be a constitutional right to marry but there's a first amendment right for someone to practice their faith. it seems like america can figure out a way to give the boundaries, especially people on their first amendment religious freedoms, the seven i've been to
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decision is important. there are thoughtful people around the banshee say it's in the first amendment, your religious rates, for a reason. if we don't have these, we cease to be america. >> shannon: they sold products all the time. justice ginsburg said that the gay customers --ps may sell to the couple says our fight will continue. >> it was justice kennedy who was essentially making the case that tolerance is a two-way street and in a modern pluralistic american society we need to figure out as a culture how we are going to protect people's rights on both ends of this. if there were rampant discrimination about cakes and flowers and photographers vis-a-vis gay weddings, may be the government would have more
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of a legitimate roles are come in and intervene and stamp out the discrimination but targeting a handful of remaining sort of moral holdouts, i don't think that's a productive way to resolve this and coexist peaceably in 2018 america. i'm hopeful, may be naively, that we can strike a balance. >> shannon: seems like a good time to read this. justice kennedy said the outcome of cases like this and other circumstances must await further elaboration the courts. he is signaling they have things to decide. all in the context of recognizing these disputes must be resolved with tolerance and he went on to say that has to be on both sides for people of religious faith and people who are and gay and lesbian. thank you all. when we come back from a big surprise for a brand-new high school graduate. business,
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>> shannon: finally tonight, an extra special graduation day for a massachusetts high school senior. after tyler solomon walked across the stage, the principal shook his hand. and eventually tyler noticed on the other end of the field, his father not seen him since january. u.s. army sergeant damon solomon is serving in kosovo and he told his son he wouldn't miss this for anything in the world.
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that is it for "special report. i'm shannon bream. "the story with martha maccallum" is up next. >> martha: thank you. bill clinton is back on the hot seat. >> with everything going on with the #metoo movement, how would you approach the accusations differently? >> oh, boy. 20 years later what does the bill clinton and monica lewinsky scandal look like now? a prominent supporter says he should have left office. but the former president became agitated and said no, he would do nothing differently. >> i don't think it would be an issue because people would know the facts instead of the imagined f. if the facts are the same today i wouldn't. >> martha: he went on to say that the #metoo movement is "long overdue." but the critics are using it against him he believes in part because o