Skip to main content

tv   Special Report With Bret Baier  FOX News  June 26, 2018 3:00pm-4:00pm PDT

3:00 pm
probably the only mistake i've ever made on the show and i man enou say it and no one even told me i had to say it, i just said it. >> you are a gentleman. >> like you care. it's bret baier, looking good. >> bret: thanks, greg, now more than ever. the u.s. supreme court hands president trump a major victory of upholding his travel ban. the second day after the story about civility in washington after this press secretary is booted from every january restaurant and primary to keep features and ex-con hoping to get back to congress and a former presidential nominee aiming at the u.s. senate. this is "special report" ." good evening and welcome to washington, i'm bret baier. we begin tonight with a huge win for president trump. the u.s. supreme court has let stand the president's travel ban on people from five mostly muslim countries and to others.
3:01 pm
the white house had framed the rule as crucial for national security. opponents called it religious discrimination. my colleague and an anchor of "fox news @ night" shannon bream is at the supreme court with what happened and why, along with the implications going forward. good evening. >> hello. the majority made clear today that the president was well within his powers under the law to set the conditions for people who want to come to this country. it's a victory for them today but this case is actually not over. >> no band, no wall! >> after more than a year of legal wrangling, bosses and the lower court and three different versions of the president's so-called travel ban has been upheld in a 5-4 opinion by the u.s. supreme court. writing for the majority, chief justice roberts said "by its plain language, federal law grants the president broad discretion to defend the entry of aliens into the united states. the president lawfully exercise that discretion based on his
3:02 pm
findings following a worldwide at multiagency review that entry of the aliens will be detrimental to the national interest. >> what we are doing is looking at countries in a rational way. any of the country's name said the government has controlled in the vetting process works and terrorism is not a problem. >> with the majority didn't do was look to the various statements. president trump to decide whether the ban was voted by religious animus. the proclamation is expressly -- the text says nothing about religion. but in one of two passionate dissent, justice soto mayor blast of the majority for not looking to mr. trump's statements. "based on the evidence in the record, a reasonable observer would conclude that the proclamation was motivated by anti-muslim animus. th majority holds otherwise by ignoring the fact, misconstruing our legal precedents and turning a blind eye to the pain and
3:03 pm
suffering the proclamation inflicts upon countless families and individuals. >> this is really a sad day for america. make no mistake, the supreme court has endorsed bigotry and a islamophobia. >> the majority and dissent also sparred over comparisons to a 1944 ruling upholding a presidential directive ordering japanese-americans into internment camps in world war ii. justice sotomayor claiming the majority's reasoning paralleled that decision for more than seven decades ago. writing "inquire much of the court gave a pass to an odious, greatly injurious racial pacification authorized by an executive order. the chief justice explicitly rejected the comparison." korematsu has nothing to do with this case, that morally repugnant order to officially neutral policy denying certain foreign nationals the privilege of admission.
3:04 pm
>> the case doesn't end here because the supreme court was specifically ruling on whether or not an injunction against the travel ban 3.0 could stand buried today with this guidance from the justice it goes back to the lower court for a decision actually on the merit. >> bret: there was also another ruling involving a crisis centers in california. >> they managed to scoop up all the pro-life pregnancy centers, almost all of them in the states essentially telling them they had to provide all kinds of information to potential clients including about where they could find abortions and access them. the clinics are saying that violates their free-speech right and actually says is antithetical to the mission they have two encourage women to carry their pregnancies to term. it was a 5-4 decision written by clarence thomas. he essentially found that it's a good chance these clinics were going to prevail to the merit so he set the case back to california to deal with it. >> bret: still waiting on one more? >> tomorrow we are waiting on a big case on whether or not public sector employees can be forced to pay dues to eunice the
3:05 pm
post political message they don't agree with. it will affect millions of people across the country. we will get it at 10:00 a.m. tomorrow morning. >> bret: another big day. thanks. president trump's initial reaction to the u.s. supreme court decision today on twitter. one word, wow. he had much more to say later. keith tomei chief correspondent john roberts has that story. >> today's supreme court ruling just coming out, a tremendous success, a tremendous victory for the american people and for our constitution. >> in the cabinet room with republican members of congress today president trump with praise for the supreme court decision on his travel ban. >> we have to be tough and we have to be safe and we have to be secure. at a minimum, we have to make sure that we that people coming into the country. we know who's coming in, we know where they're coming from. >> the ranking member of the senate judiciary committee disagreed with the president and the majority opinion.
3:06 pm
in a statement, senator dick durbin saying history will not be kind to this president's policies or the supreme court justices who lent their names to this troubling rolling. the supreme sent the case back to the lower courts for further proceedings, president trump considers the matter settled. >> you got the final words are? >> i think it's pretty much a final word. the supreme court. we win it, we lose it, we just waited for the supreme court. that's the final word. >> the decision puts some much-needed wind in the president's sales. he has been battered by a public outcry over the separation of families at the border. his aides hounded at restaurants and their homes. today he doubled down in his calls for congress to give him what he wants to secure the southern border. >> we have to change it, it's so simple. it's called i'm sorry, you can't come in. you have to go in through a legal process. a judge where the judge is going to take three years before you can come back. in the meantime you never come back because you are already in the country.
3:07 pm
>> as he keeps up the pressure on illegal immigration president trump also took aim today at an american icon. a year ago he was praising harley davidson for building its bikes in the usa. today he ripped them for plans to ship some production to thailand. the president tweeting a harley davidson should never be built in another country, never. if they move, watch, it will be the beginning of the end. they've surrendered, they quit. the aura will be gone and they will be taxed like never before. harley-davidson says it was the threat of retaliation to the president's trade tariffs that forced the move and that only harleys to be sold in europe are effective. president trump insisted it had nothing with tariffs >> they announced it earlier this year so harley-davidson is using that as an excuse and i don't like that. i've been very good to them and they used it as an excuse. people who buy harleys are not happy with harley-davidson and i
3:08 pm
wouldn't be there. >> speaker of the house paul ryan who shares a home state with harley-davidson says he is no fan of tariffs. >> i don't think tariffs are the right way to go. i think they are basically taxes and what ends up happening is you get escalating tariffs or escalating taxes. >> on immigration, white house officials told me they expected the measure that should be before the house tomorrow likely won't go anywhere so the next move would likely be a narrowly tailored bill to supersede the 1997 court settlement that only allows children to be held in detention with their parents for period of 20 days. officials say it's far less than what the president has been asking for, but a lot better than what will happen if dhs and the border patrol start separating families again. >> bret: john roberts live on the north long, thank you. 17 states are suing the trump administration to force it to reunite thousands of immigrant children and parents separated at the border. the states are all led by democratic attorney general. they joined washington, d.c., in
3:09 pm
filing the -- the justice department did not immediately respond to request for comment on this multistate lawsuit. the restaurant whose owner said the president asked the press secretary to leave over the weekend will remain closed for several more days. that owner has also now just resigned from a local business organization there. meanwhile, many in the small northern virginia community fear their business may now suffer. correspondent doug mckelway is in lexington tonight. >> stonewall jackson and robert e. lee are both buried in lexington virginia, remind us that some civil wars are not as soft as the one lexington is experiencing today. numerous shop owners refused to talk to us about the redhead in controversy, worried that if you take aside you risk alienating half your customers. >> it's very painful for me what's happening in this countr country. i'm not happy with those that are mouthing off on either side. >> i hope you are not only
3:10 pm
talking to people who support this. what she did is really an embarrassment to all of us. >> the redhead owner was also until today the executive chair of an influential business group today. she resigned from that post this afternoon according to published reports. >> aer sarah and her husband left and the family relocated the owner of the red hen then organized an effort to go and scream at them from the sidewalk at the other restaurant. >> his story confirmed by the man who hosted the sanders family at his bed and breakfast. >> it's an unfortunate situation because i guess, again, if you are to make a statement, make the statement, don't keep screaming at and follow people or what have you. >> 200 miles to the north the congressman who was nearly killed by the government with extremist views knows how far such incivility can go. >> i know firsthand. we've got to be real careful
3:11 pm
about how we discuss our differences. the great part of america is that we can discuss our differences freely and openly but we also have a responsibility to make sure that o violence.ot trying to incite >> more democrats are joining the call for civility. a spokesman for virginia democratic senor tim kaine told the richmond times that he "believes in civility and respect from everyone are important to a functioning democracy." >> we are told at the red hen restaurant, which had been scheduled to reopen at 5:00 this afternoon will now remain closed until july 5th. and for the first time as you can see we are seeing protests here today. they are winding down right now. only one arrest thus far, a donald trump supporter through a bucket of chicken manure in the direction of the building. he was promptly arrested. >> bret: doug mckelway in lexington virginia. thanks. the president is anointing maxine waters as the face of the democrats and many of her
3:12 pm
democratic colleagues are critical of her comments as well. and yet several prominent liberal commentators believe there is nothing wrong with harassing political opponents. tonight fox news media and host of fox news media buzz howard kurtz put this situation in context. >> when word spread that a virginia restaurant had refused to serve sarah huckabee sanders, some pundits, those who detest president trump, started cheering. the press secretary they said deserves the rude treatment. >> you make choices in life and there is a cost to being an accomplice to this cruel, deceitful administration. >> the defining feature of a free society is that you can tell one of the most powerful people in the world and our government get out of my restaurant. >> msnbc contributor jennifer rubin says trump officials could most conservatives aren't sorts. denounced the end accident and protests confronting our trump aids especially after democratic
3:13 pm
congresswoman maxine waters called for their continued harassment. >> shouting each other down, kicking our political enemies out of restaurants, heckling them in public may feel good in the moment, but it isn't a solution. >> threatening women and children,ts wrong with you people on th left? >> david axelrod group drew crm from democrats for taking sanders side. writing kind of amazed and appalled by the number of folks in the left to ask applauded the expulsion from the press secretary and her family from a restaurant. trump oonents are using the president's previous policy of family separation at the border to justify their in-your-face tactic. as the president's critic point of his rough language as in these clips from msnbc's morning joe. >> if you see somebody getting ready to throw tomato, knock the crap out of them. seriously. i would like to punch him in the face, seriously. >>bama administration officials had been arrested in similar fashion. it's not hard to imagine both liberals and conservatives
3:14 pm
switching sides. the tribal warfare over the unding of trumds is magnified by a polarized media environment and social media. all of this has produced a vicious cycle that could well fire out of control. >> bret: let's hope not. thanks. up next, iranians blame their government while their government blames the u.s. we will tell you what the problem is and take you there. some of our responsibilities on the country. fox 48 in sacramento where california voters will decide this november whether to get rid of high gasoline taxes and vehicle registration fees that they approved last year. the secretary of state announced monday initiative supporters have collected enough valid signatures to qualify for the ballot there. fox 2 and honolulu for the governor says he is considering opening up a new area for people to view the law on hawaii islan island. the governor says the new viewing area would have the potential to pump money back into the islands economy.
3:15 pm
the kilauea volcano has been exploding and erupting as we have reported sending out ash and lava since early may. this is alive look at atlanta from our affiliate fox 5. the big story there, a woman accused of leaking u.s. secrets to a news outlet pleads guilty in federal court. reality winter reached a plea agreement with prosecutors calling for her to serve five years in three months behind bars. she is an nsa contractor charged with copying a classified report and mailing it to an unidentified news organization. that's tonight live look outside the beltway from "special report," we will be right back. ♪ how can we say when you book direct at
3:16 pm
you always get the lowest price on our rooms, guaranteed? let's say it in a really low voice. carl? lowest price, guaranteed. just stick with badda book. badda boom. book now at
3:17 pm
let with one a day women's. a complete multivitamin specially formulated with key nutrients plus vitamin d for bone health support. your one a day is showing. look for new one a day women's with nature's medley. your insurance so small you could fix it with a pen. how about using that pen to sign up for new insurance instead. for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. liberty stands with you. liberty mutual insurance.
3:18 pm
♪ >> bret: iran's president says the u.s. is trying to damage his
3:19 pm
country by creating an economic war. iranians seem to be blaming their government, not america, for a financial situation growing worse by the day. correspondent conor powell takes a look from her middle east news room. >> for the third day in a rope much of iran's grand bazaar was closed as if the merchants took to the streets demanding economic reform. the protests erupted after iran's currency plummeted in recent days while the price of security forces tried to stoped. the demonstrations with clashes breaking out. protests have spread to other cities, but it isn't clear how large or widespread they actually are. in a televised speech today, iran's president cassondra honey defended his government's economic policy and said iran will be able to handle the economic pressure from new u.s. sanctions which he said are part of a psychological, economic, and
3:20 pm
political war, adding that the ump administration will fail to defeat iran. >> as always, america wants to break apart the power and glory of the islamic republic of iran. >> in may, president trump pulled america out of the iran nuclear deal and u.s. sanctions are set to be reinstituted in august, potentially depriving tehran of million dollars in trade at a time when its economy is already stretched thin. economic protests in iran are common. this past winter, similar demonstrations swept across the country, but so far their focus has largely been limited to demands of ending corruption and reforming the government, not overthrowing it. in iran, the president is seen as a reformer but he's coming under intense pressure from both hardliners who think he's gone too far and moderates who think he hasn't gone far enough. >> bret: conor powell in her
3:21 pm
middle east newsroom. prince william is in israel right now. the first ever, as hard as this is to believe, the first of all official visit by a member of the british royal family to the tumultuous region. william took a tour of a holocaust memorial and attended a soccer match between arab and jewish youth. the prince also met with israeli prime minister benjamin netanyahu. back in london, a london court has granted over permission to keep driving on the streets of london. last week a regulator refused to remove uber's license over public safety concerns. uber says it has overhauled its policies and personnel antedate the city's regulator agreed and granted a probationary license. president trump has a warning for america's allies. he is once again hinting at a radical change in the way the u.s. supports nato. correspondent kevin corke has more on that from the white house. >> germany is paying 1% of a
3:22 pm
much smaller gdp. we are paying close to 4% of a much larger gdp, so i think we should pay the same as germany. >> to the denizens of the palmetto state it was music to the ears. president trump talking tough about nato, calling out germany for what he says is its lack of financial commitment to the alliance and suggesting now maybe the time for the u.s. to pull the purse strings. >> it's all wonderful and we like to help out, but it helps them. they are in europe. >> the president's critique that members aren't doing enough to fund their own security is not new. he slammed the alliance on twitter, warning that change is coming, a message sharply delivered to nato defense ministers in brussels and received loud and clear of the white house. >> more and more allies are at 2% of gdp for defense. but they also agree that we have to do more. >> nato h 29 member states but only eight countries, including the u.s., spend the agreed to 2%
3:23 pm
on nato. the 3.5% of its gdp, the u.s. accounts for 22% of nato's total budget. partners like germany fall well short of adopting the president's threat to match their spending levels. a senior administration officials say the president's rhetorical pressure isn't likely to be backed up with immediate policy changes, but the risk for the alliance is all too real. particularly for european capitals to watch warily as russia invaded ukraine and annexed crimea. >> in 2018 when the numbers are finished we will have the largest increase in defense spending by our nato countries outside of the united states since the cold war. >> the rhetorical pressure by the president is seen in some by a proxy issue for what he considers unfair european parade down my trade practices, something which will get a great deal of attention at next month's nato summit in brussels. >> bret: kevin corke at the white house. thank you. stocks were mostly up-to-date,
3:24 pm
modestly i should say. the dow gained 30. the s&p 500 finished at 6 and the nasdaq rebounded 30. the congressional budget office says federal debt compared to the size of the economy will reach 78% this fiscal year. that is the highest level in nearly seven decades. the cbo says it will grow sharply from there over the next three decades. senate minority leader chuck schumer cited that report to criticize tax cuts that went into effect this year. republicans say those cuts were necessary for the u.s. economy to grow. up next, it is a big primary day in several states. we will go live to south carolina and utah. ♪ the digital divide is splitting this country. we have parents who are trying to get their kids off of too much social media and computers, and then we have parents who would only hope their children have access.
3:25 pm
middle school is a really key transition point, right. the stakes sta changing. students begin to really start thinking about their futures. what i like about verizon's approach is that it's not limited to just giving kids new tools, it's really about empowering educators to teach in different ways, and exposing kids to more active forms of learning. giving technology is not a total solution. teaching technology, now that is.
3:26 pm
3:27 pm
money managers are pretty much the same. all but while some phigh commission investment products, fisher investments avoids them. some advisers have hidden and layered fees. fisher investments never does. and while some advisers are happy to earn commissions from you whether you do well or not, fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management. >> bret: in america's election headquarters tonight, primary day, voters in seven states are participating today. in new york, former congressman and convicted felon michael graham tries to get hold of his old congressional seat.
3:28 pm
back in the republican party there. democrats on tuesday are selecting their fall nominees for governor in colorado. candidates are seeking to replace john hickenlooper. in maryland, former naacp president is looking to take on republican incumbent larry holder in november. and then there is utah where informal presidential nominee is looking at a new path to try to get to washington. correspondent dan springer is in provo tonight. >> on the eve of the republican primary in utah, former massachusetts governor mitt romney was still campaigning hard just outside provo six years after losing his bid for the presidency. romney is hoping to take a big step today toward another job in washington, the u.s. senate and the latest poll says he is a virtual shoo-in with a 42-point lead over his primary opponent mike kennedy. it's got romney finally agreeing to do national interviews with the big question is how would a senator romney deal with
3:29 pm
president trump. >> if i get to washington i will work with him and with the policies i think are right. i will oppose those things i think are wrong for the country or for the state of i will speak my mind on issues of conscience. >> romney says there would be no return to the bomb throwing days of 2016 when he was the face of the never-trump movement. >> donald trump is a phony, a fraud. his promises are as worthless as a degree from trump university. >> he was begging for my endorsement. i could have said drop to your knees, he would have dropped to his knees. >> after trump was elected, both men stoodown and romney even interviewed to be secretary of state. while the relationship thought, president trump seem to take a swipe at romney when he strongly urged orrin hatch to stay in the senate but then in february he surprised him by tweeting his endorsement of romney. romney says he's not ready to endorse president trump for reelection but recently did predict he will win because of the economy. the senate candidate also said trump is no role model for children but insists he will not try to influence the white hous
3:30 pm
white house. >> two separate branches, my job is to try to get things through the legislative branch that are right for the country. i'm not going to try and manage the white house or how the president interacts with others. that's up to him and his administration and his team. >> if mitt romney wins tonight as it is widely expected it he will take on democrat jenny wilson who is a current city council member in salt lake city and also the daughter of a long time mayor there. just to show you the challenge that lies ahead for her. when romney ran for president he won utah. utah voters gave him a 48-point victory here. >> bret: dan springer in provo. thanks. in the south carolina primary on the other side of the country, with the republican governor is trying to hold off a hard-charging businessman who was a complete unknown in the state six months ago and he's getting some help. correspondent jonathan serrie looks at that place tonight from columbia. >> south carolina governor henry mcmaster cast his ballot this
3:31 pm
morning in columbia. challenger john warren voted in greenville. both candidates in south carolina's g.o.p. runoff for governor call themselves trump conservatives but it was mcmaster the president came to stump for. >> right from day one when i came down here, henry mcmaster mcmaster, he said why are you with me? like what you're saying. >> returning the favor to one of his early supporters mr. trump rallied a packed room at the mcmaster event. many in the crowd were there to see the president more than a candidate and more in hopes many of them will vote for him. >> donald trump has a plunge of support in south carolina, my supporters are his supporters. this is not a referendum on president trump, this is a referendum on henry mcmaster's failed leadership in my vision of conservative reform throughout our states. >> war and a greenhill businessman and combat vet is counting his status as a political newcomer promising to drain the swamp in the state
3:32 pm
capital. coming from a socially conservative upstate region may play well. mcmaster rose to the governorship after nikki haley joined the administration as u.n. ambassador has been touting the businesses and jobs that have moved into his state during his brief tenure as governor. >> a great team to go from the white house to the state house to your house and the people in south carolina know that we are on the way up, things are getting better and we want to keep this team together. >> the winner of tonight's g.o.p. primary runoff will face democrat james smith and the general election. smith who is both a lawyer and a state representative hopes that his experience as a combat vet will have broad appeal in this strongly promilitary state. the polls close in about half an hour. >> bret: we will watch that, all the results here on fox. thank you. join us thursday night for a special event. we will have a debate between the top two candidates for
3:33 pm
florida governor. it live from orlando, 6:30 p.m. eastern. "special report" at 6:00, the debate starts at 6:30, hosted by martha maccallum and yours truly and "the story" continues after the debate much like we did in virginia. should be a good one thursday night. the u.s. supreme court hands president trump a big won over his travel ban. if we will get reaction from the panel and maybe what comes next when we come back. ♪ ght i could de-stress with some zen gardening. at least we don't have to worry about homeowners insurance. just call geico. geico helps with homeowners insurance? good to know. been doing it for years. that's really good to know. i should clean this up. i'll get the dustpan. behind the golf clubs. get to know geico. and see how easy homeowners and renters insurance can be.
3:34 pm
3:35 pm
jushis local miracle ear t at helped andrew hear more of the joy in her voice.
3:36 pm
just one hearing test is all it took for him to hear more of her laugh... and less of the background noise around him. for helen, just one visit to her local miracle-ear is all it took to learn how she can share more moments with her daughter. just one free hearing test could help you hear more... call now for your free hearing test from an industry leader: miracle-ear. ♪
3:37 pm
>> the supreme court ruling was a tremendous victory for our country. we have to be tough and we have to be safe and we have to be secured. >> this is a moral moment for our nation. a president who openly wants to put a religious test on citizenship. >> this is not a religious man and you're picking up countries with high threat levels with poor vetting process, so it makes sense and i think this makes it nice and safer. >> bret: today the supreme court handing president trump in his administration a big won upholding travel ban 3.0. 5-4 decision, the majority, you see the justices voting in the majority there and the dissenting. the opinion on the majority saying "the proclamation is squarely within the scope of presidential authority under federal law. indeed, neither dissent even attempts any serious arguments to the contrary." the dissent written by justice sotomayor says "this repackaging
3:38 pm
does little to cleanse presidential proclamation number 9645 of the appearance of discrimination that the president's words have created. based on the evidence in the record, a reasonable observer would conclude that the proclamation was motivated by anti-muslim animus." and with that let's bring in our panel. byron york, chief political correspondent of the "washington examiner" ." mollie hemingway, senior editor at the federalist and charles lane, opinion writer for "the washington post" ." significant ruling today? >> it was. this was all we were talking about in the first few months of the trump administration and it should have been a slam dunk for white house and the fact that it is not -- it was not is really amazing. john roberts is correct. it was clearly within the scope of the president's constitutional powers and the biggest argument against it was that even though it was a legitimate presidential power, that this president donald trump had exercised it with impure motive and you had a situation in which an executive order word
3:39 pm
for word if signed by another president would have been constitutional and yet since it was signed by donald trump with his history of anti-muslim statements it was therefore unconstitutional. that would have been a crazy legal area to go into in the court. it's a relief relay that the court did not do that. >> chief justice roberts specifically addressed the issue of whether it was a religious test are not pointing out that it covered only 8% of the world's muslims, that it was using a list that had been developed by a previous administration, the obama administration. and that it also included north korea and venezuela so that it was hard to argue that this was -- even though this is what the conversation had been in the media, this is a muslim ban and even donald trump referred to it is that, this really is an important decision dealing with what the executive has the authority to make decisions about national security related to immigration. it's important to consider how the obama administration fared with the supreme court when it tested executive authority. it repeatedly was turned away by
3:40 pm
thert sometimes by 9-0 decisions. this is something that i think the trump administration can be legitimately be pleased on the subject of executive authy. >> bret: here's one commentator on another channel with an interesting analogy. >> osama bin laden hope to provoke was a war of civilization, and war between the west and 1 billion muslims. so what donald trump and this muslim ban signal to the world is that muslims are not welcome here, that this is, whether the conservative justices say that it's about executive power, the president's clear intent was to impose a religious test and that is is fundamentally on un-american as anything that he is done over the course of this presidency. >> bret: what about the majority opinion that was looking at the words on the paper there?
3:41 pm
>> i would like to just react to that in tandem with reacting to byron. byron is absolutely right. if you just took the 3.0 version of this, not the first two, which were quite different, the biggest problem was the problem the president created for himself through all this extravagant hostile rhetoric towards muslims. george w. bush of course, who was president right after 9/11 went out of his way to signal that the united states did not have a quarrel with all muslims, just the islamist terrorists and so i think that commentator you just put up there has a point that the atmospherics around this were terrible. one of the lessons of this decision is not everything that has terrible atmospherics that's perhaps even stupid and offensive is unconstitutional or even in this case because it was a statutory argument against it against the statutes either. i don't consider this so much
3:42 pm
victory or even a vindication which is the president's other word for this. i think when he got from the supreme court today was a rather begrudging almost acknowledgment that okay, you can do this if you insist. there's no rhetoric in any of the majority or concurring opinion say this is absolutely necessary, it was like we can't stop you, we have no basis to stop you so you can go ahead. >> bret: but at its heart, an increase in this 3.0 version, the stipulations to get in, what these countries were doing to vet the people who are actually getting tohe u.s. chat was on the list but then taken off because they met the stipulations. >> it's hard to argue that it was some arbitrary list. in fact i think the first version of the van actually would have held up under the decision-making that the court had today. another issue where atmospherics
3:43 pm
is bad is that you had a district court doing an injunction against a national ruling. this is a trend that we are seeing a lot, particularly during the trump administration where they are thwarting national issues and clarence thomas specifically said in his concurring opion that this is something that might have to be taken up soon to discuss the legality of it. the fact that this was a 5-4 decision is also significant because it means we are getting very narrow decisions based on highly political cases. it is a tremendous argument in favor of those people who did vote for donald trump that they were able to get a 5-4 decision on this and also the decision that forbids the state of california from forcing pro-life groups to advocate for abortion but the fact that they are 5-4 decisions means we will see this court continue to be a very political issue. >> bret: it all also shows how being able to nominate someone is important in this world. >> if donald trump ever says
3:44 pm
anything bad about mitch mcconnell again -- he will, but he shouldn't. look at some of the precedence of this had gone the other way. the shackles that could have been put on future president's ability to act in national security instances and also it seemed to want to create some of the proponents, the opponents of the ban with foreign nationals physically outside the united states. seem to create some sort of constitutional right of entry into the united states and that would have been a terrible precedent. >> bret: are late friends charles krauthammer weighed in on this last year. >> i'm not against tightening the vetting, we should but i think what we are seeing is the kind of kabuki that we do to make ourselves think that we are safer from terrorism. there are a lot of sources of terrorism. the whole list, probably at the bottom is the idea of infiltration from the states. these are seven states in 15
3:45 pm
years since 9/11, there hasn't been a single murder of an american by a national of these countries. >> bret: truck. that's another good point. quite a few of the recent lone wolf attacks have taken place by people who are either born in the united states or who were here on green cards and the relationship between terrorism in these particular countries, they are not completely disjointed, it's not completely disjointed but it's tenuous. what the courts were wrestling with, particularly chief justice roberts and justice kennedy, do we take this power away from all future presidents because we are so uncertain about the trustworthiness of the current one? and i think they felt we are going to have to swallow this exercise of the power in case of a very, very inflammatory president because it could be used legitimately when the presidency is occupied by a different person later on. >> bret: must work. >> the circuit courts that were willing to do that. not just the ninth circuit, the
3:46 pm
fourth circuit. big majorities were willing to do that with the president. >> bret: and some of them will be changed because as the judges get through the process on capitol hill. including the ninth circuit. next up the president takes on harley-davidson and tariffs. ♪ for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember. caring for his daughter as if she's his own is an act of mutuality. learn more or find an advisor at ♪
3:47 pm
3:48 pm
3:49 pm
♪ >> thank you harley-davidson for building things in america. i don't like that because i've been very good for harley-davidson and they used it as a next excuse and i think the people who ride harleys are not happy with harley-davidson and i wouldn't be either. >> i'm actually on harley-davidson side. i don't think these tariffs are beneficial to anybody, any business in america and i'm very concerned about it. i'm a strong supporter of the
3:50 pm
president, but i think is wrong on that. >> a tariff war only ends up hurting the middle class and higher prices and in the loss of jobs. harley-davidson will be an example of that. they follow through where instead of manufacturing here they will manufacture abroad. >> bret: harley-davidson moving some of its production over to thailand to sell to europe they say because of the tariffs is what harley-davidson said. the president said they made that decision before the tariffs were announced in a series of tweets and comments you just saw. back with the panel, molly. >> the tariffs are generally to be avoided because they introduce inefficiencies to the market and their attacks on consumers. the politicians use them because sometimes they work and ronald reagan actually imposed a tariff against all nonharley motorcycle's in early 1980s and that did play a role in harley escaping from bankruptcy and the e.u. imposed high tariffs in response to our tariffs which happened after
3:51 pm
their high tariffs in harley is saying that they are responding to these tariffs, although it is true that they had previously announced these plans with regard to thailand. it is important to remember that harley has had a very rough for years. they have had declining profits, they've been losing market share and this is also something playing a role here, but in general tariffs can cause disruption. >> bret: the president said, byron, that harley-davidson riders are going to have a problem with harley-davidson over this move. so which brand survives? harley-davidson or trump? >> don't do well betting against trump these days and i think is probably right about harley-davidson riders who voted for donald trump. this does seem to be on harley-davidson's part in part or reaction to these tariffs but also part of a trend in the company to build more motorcycles overseas. they build them in brazil, they build them in india, they build them in thailand, they build them in australia.
3:52 pm
the idea that every harley is built in the good old usa is actually just not correct and the other thing that i've been thinking since this newshappenek that this is the final act in this? these tariffs are very fluid, most of them haven't even taken effect yet. there are threats and counter threats. i think we need to wait a while to see what happens. >> bret: that's what he said, patients. >> patients. harley does have a problem because it's not attracting younger riders so much anymore in the u.s. as mollie alluded to. i think the president -- had a hard time figuring out what he was talking about with the taxes that are coming and that this end of that but it's extraordinary the degree to which this businessman republican believes that the way america should be run is that private businesses should be ordered around by the white house and told whether they are investing in the right place or not. >> bret: and calls them out. >> and threatens them with all
3:53 pm
kinds of retaliation. whether this decision by harley was or was not precisely because of the tariffs, it certainly the fact that trump put in the tariffs, the tariffs of the big thing that has changed in the global economy, so he better get used to people blaming his tariffs for their decisions because he did it. and if he doesn't like that, maybe he ought to consider that that is part of the political price of being the one guy in the whole world was insisting on raising tariffs all over the place. >> bret: the president points back to the g7 where he said let's do know tariffs across the board to all the countries and he says nobody said yes and he said wait a minute, folks, let's do nothing. >> he did advocate -- it is interesting that he seems to claim that he's doing these tariffs as a way to get to lower tariffs and it is important to remember that it's not like we were in a free-trade utopia and then trump came in and all of a sudden tariffs were up.
3:54 pm
we have these complex agreements between different countries and all sorts of different products. there's nothing inherently wrong with renegotiating and there's nothing inherently wrong with saying that we think you're tariffs are too high so we will start telling you to stop bullying as but also it's true that canada just imposed steel tariffs on china today so to say that it is just trump who is doing this is untrue. there are people who are advocating tariffs all across the board. >> bret: quickly i want to just get this other traffic. last night the president said that maybe the u.s. should pay what germany pays to nato and that is a smaller percentage of a smaller gdp. in other words, rollback what we pay to nato. >> this is something he's been pushing since the campaign and certainly since he became president. he actually went over to nato headquarters and told everybody to pay more. you've got to pay more. this is entirely consistent with what he's been saying and we had sort of ceremonial statements by people in nato pledging to do more. clearly trump is trying to push them even harder.
3:55 pm
>> bret: we will follow it. when we come b hero's story. ♪ thing says summer like a beach trip, so let's promote our summer travel deal on like this. surfs up. earn a $50 gift card when you stay just twice this summer. or, badda book. badda boom. book now at and i recently had hi, ia heart attack. it changed my life. but i'm a survivor. after my heart attack, my doctor prescribed brilinta. it's for people who have been hospitalized for a heart attack. brilinta is taken with a low-dose aspirin. no more than 100 milligrams as it affects how well brilinta works. brilinta helps keep platelets from sticking together and forming a clot. in a clinical study, brilinta worked better than plavix. brilinta reduced the chance of having another heart attack...
3:56 pm
...or dying from one. don't stop taking brilinta without talking to your doctor, since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. don't take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. slow heart rhythm has been reported. tell your doctor about bleeding new or unexpected shortness of breath any planned surgery, and all medicines you take. if you recently had a heart attack, ask your doctor if brilinta is right for you. my heart is worth brilinta. if you can't afford your medication, astrazeneca may bl help.
3:57 pm
3:58 pm
let with one a day women's. a complete multivitamin specially formulated with key nutrients plus vitamin d for bone health support. your one a day is showing. look for new one a day women's with nature's medley. ♪ >> bret: finally tonight, a ntucky farmboy who stared down evil. the words of president trump at the white house today at today's medal of honor ceremony for the late first lieutenant garland connor from world war ii.
3:59 pm
he was an army intelligence officer with the third battalion, seventh infantry regiment, third infantry division in france. on january 24th 1945 as german shoulders were approaching connor race from its headquarters drop onto the battlefield to direct artillery fire. >> he ordered fire on his own position, exactly where he was courageously choosing to face death in order to save his battalion and achieve victory for freedom. he had shells dropped right on him. aim at me he said. aim at me. >> bret: connor's widow pauline who tried for years to get her husband this recognition was at the white house today to receive the metal. it comes 20 years after her husband's death. thanks for your service and sacrifice. thank you for inviting us into your home tonight.
4:00 pm
that's it for this "special report." fair, balanced and unafraid. don't forget thursday this week, big debate down in florida. publican governor 's primary the gubernatorial debate, 6:30 p.m. thursday, should be interesting. "the story" hosted by martha maccallum who is also in the debate starts right now. >> martha: looking forward to it. breaking tonight, growing concern over the battle of civil behavior heats up on capitol hill. watch this. >> where can we eat? where can a conservative eat at a restaurant in d.c.? >> come to my office and talk. >> i'm asking you right now. >> please come to my office and talk to me. >> you are calling for civility, do you think it civil -- i'm asking you right now. >> are we supposed to sit at the back of the bus? >> martha: that was weird. i martha maccallum and this is "the story." congresswoman maxine waters now facing growing calls to