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tv   Fox News Night With Shannon Bream  FOX News  June 27, 2018 8:00pm-9:00pm PDT

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jiffy pop? do they still make that? i will get hannity to fly down we will sit there together and live tweet that will deal. i love to read your comments on twitter most of the time. some of them are not so nice but we like those too. it's a big country. you need to make your views heard. keep it respectful. let's hand it to shannon bream and the fantastic "fox news @ night" team. >> shannon: twitter is a dangerous place, laura come as you know. >> laura: can i say something? you did a fantastic job for this network over the last 48, 72 hours. unbelievable. thank you so much. stu and i loved every minute of it. thank you, laura. we begin with fox news alert. spring court earthquake and tonight the president said he will push for a new justice he hopes will serve for 40 years. at least. could it be senator mike lee? he is on the short-list but does he want the job? he joins us in a "fox news @ night" exclusive. plus pastor robert jeffress will weigh in with a key swing vote gone, evangelicals are energized
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especially after justice gorsuch and recent rulings favoring conservatives. another key supreme court decision overshadowed by justice kennedy's announcement. stripping public-sector unions of their power to force nonmembers to pay union fees. the lead plaintiff in that historic case, mark gannon, it's your life. hello and welcome to "fox news @ night." i am shannon bream in washington. the president fresh off a campaign rally in north dakota is pushing for a supreme court justice who can go the distance. >> we have a pick to come up. we have to pick a great one. we have to pick someone who is going to be there for 40, 45 years. >> shannon: we have team coverage. kevin corke standing by in fargo where president trump just finished up a wild rally. trace gallagher following the media's meltdown. we begin with chief national correspondent ed henry with the political follow-up of justice kennedy's retirement announcement. all right, ed, how nasty is his battle shaping up to be on the hill? >> big midterm election, already
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going to be the biggest of the e hour lifetime. if there is a blue wave, nancy pelosi wants to raise your taxes, blunt economic momentum that led the atlanta fed to say today we are headed for 4.5% growth. then it was weighed, if democrats take the house, maxine waters is planning to try to in impeach the president. now it's hold on. the balance in november is locking down the supreme court into a conservative court may be for the next generation. some of the president's top advisors want his nominee confirmed before november. they don't want to wait. they say it is doable to name the pick in two or three weeks in hearings and votes by october. make no mistakes. democrats are going to try everything to try to block the nominee regardless of who it is. listen as chuck schumer and mitch mcconnell. >> our republican colleagues in the senate should follow the rule they set in 2016 not to consider a supreme court justice in an election year, anything but that would be the absolute
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height of hypocrisy. >> it is imperative that the president's nominee be considered fairly and not subjected to personal attacks. >> personal attacks. >> think about the tactics employed in the last week in applicant's homelands garrity secretary nielsen, chasing her out of the restaurant, stocking her home. sarah sanders not allowed to eat at that restaurant. maxine waters don't let trump advisors shop in department stores. all these tactics could be used against not just the production nominee about the senators weighing this on the judiciary committee. you have covered all this. clarence thomas in the high-tech lynching. put on the seat belt. it's going to be the resist movement meets the supreme cour supreme court. >> laura: democrats want to follow the mcconnell president, not allowing it's an election year. >> seems like that's going to be difficult. highly unlikely. republicans have some facts on their side. senate majority leader mitch mcconnell stalled president obama's last spring court pick mayor grown, held it past the 2016 election. never got a vote, never even got
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a hearing. what democrats laid out is that the mcconnell president was really be joe biden president, as judiciary chairman here good there should not be >> shannon: if i picks in a presidential election year. he made the case in 1902. there is no nominee but he said there shouldn't be. shouldn't be anybody considered. it's different now republicans say because it's a midterm election year, not a presidential election year. by the way, did we mention in august 2010: senate confirmed barack obama's very liberal pick now on the court, elena kagan. a few months before the 2010 midterms, and republicans have something else in their pocket. what you may call the harry reid president. looking more and more like democrats render regret the fact that read lower the bar to 51 votes and some 60 to muscle through obama's nominees. mcconnell warned in 2013 this would backfire. >> you want to play games, set yet another precedent that you will no doubt come to regret, i say to my friends on the other side of the aisle, you will
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regift this inhumane credit a lot sooner than you think. >> kevin de leon declared that during the merrick garland absent, feinstein and other democrats "surrendered the judicial branch to mitch mcconnell." it's not just going to be about animus against president trump which is already fierce endeavor at a party. this with potential democratic civil war were feinstein and other mentoring democrats related face intense pressure to resist this, no matter what. >> shannon: everybody gets president. mcconnell, will there be an ed henry president? >> a shannon bream precedent cited by laura ingraham? >> shannon: thank you very much. great happy with this. our next guest will play a pivotal role in the upcoming debate over justice kennedy seat on the courts. both as member of the senate judiciary committee and welcome happens to be on the short-list himself. senator mike lee, republican from utah, joins us. great to have you. >> good to be her. stu and your reaction. you and i've been trying to figure this out. we talked about it last night with her and i was >> he has
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been on the court for 30 years. he saw an opportunity and took it. he's given good service to the country and he has been a stalwart defender in many instances of federalism, separation of powers, freedom of religion. i think this was a big decision certainly one that portends a lot of interesting activity. >> shannon: let's talk about the activity and senate. senator dianne feinstein, top democrat on judiciary says there should be no consideration of a supreme court nominee until the american people have a chance to weigh in. leader mcconnell set that standard in 2060 when he denied judge garland a hearing for nearly a year, and the senate should follow what she is calling the mcconnell standard. >> two very important distinctions. number one, that was a presidential election year. this isn't. number two, we have the majority and they don't. that's the biggest single distention. that's the one that matters. they can wish that all they want, but they know that we are going to confirm however president trump happens to nominate. >> shannon: speaking of that, there's a list of 25.
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your name happens to be on the list. this is workable folks had to say today the motive were buddies in the center of my senator ted cruz. >> i know beyond a shadow of a doubt that mike lee would be faithful to the constitution and bill of rights, that he's not going to involve and turn into a david souter. he's going to honor his commitment. >> shannon: we have a tweet from your radio buddy who says "let me be the first to say justice at senator mike lee. #the25. >> i am honored to even be considered. this is the president's choice. this is going to be a decision up that's up to him. not up to me. i'm honored to be considered. >> shannon: would you say yes question! i certainly would not say no. >> shannon: your brother us on the list. >> he is. my brother is brilliant, member of the utah supreme court and served there for seven years. textual list originalist in the brilliant scholar. >> shannon: about both of you, because you're on the list, the
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civil and human rights group coalition send is today. the short listers have well-established records of byes against women, the lgbtq community, people of color, immigrants and environment of production, access to health care. some of your colleagues in the senate's anger absolutely, everyone in the list is a nonstarter, they will not proceed with the boat. >> that's interesting. first of all, that's news to me, the way they described us. news to me that they could even know that about each of the individuals on the list. it also reflects a certain bias against this present. they are not willing to confirm anyone he might nominate. again, they don't have the majority. we do. we are going to confirm president trump's nominee. >> shannon: what do you make of the statements? senator kamala harris, democrat from a 70 we think will be in the running a potentially's interest in the running at 2020. she said flat out today we will not allow these people to proceed. is there any procedural or technical way in which democrats could stop a vote question! no, in fact they sowed the seeds for the destruction of the process by which they might've been able to do that when they
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exercising nuclear option in november of 2013. they set in motion the sequent of events that would result in 51 votes being required for culture on a confirmation process. it's absurd. it's not going to happen. as much as they might wishing to be otherwise. we are going to confirm president trump's nominee. >> shannon: what do you hear from you democratic colleagues today? >> they were not pleased. they were not excited. many on the republican side who look forward to whatever's going to come in the next two months. i think there was a lot of displeasure on the other side. there were a lot of words uttered that i think we probably wouldn't want to utter on fox news. >> shannon: unless we want to pay serious fines and we do not. let's talk about the timeline. looks like senate majority leader mitch mcconnell is saying you are ending for something in september or by fall. he is saying that this individual whoever he or she may end up being, will be confirmed. >> i think that's right and the supreme court, as you know, starts in october. i think we need to get as many confirmed by october. so i would like to do that
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happen by the end of september. so whoever this person is, they can be ready to go on the super court by this time the supreme court starts his term and fall. >> shannon: it could be a justice league, either way we hope you'll stay in touch we wit the summer. >> thank you. >> shannon: president whittles the list of 25 potential court nominees, he will likely get advice from a member of his legal team. he has argued many cases before the high court. jay sekulow joins us now on the phone. chief counsel of the american center for law and justice. gray to have you with us. >> thank you, shannon. >> shannon: first well, let's talk about the impact and the imprint, the legacy of justice kennedy. you've argued many cases before him, and very successfully. >> yeah, i have 30 years since he served on the court in 1988, i have been before him for three decades. at that we have looked at it today and i think about 80% of the time justice kennedy ruled in our favor, 20% of the time he did not. when he did not, he explained
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his position and obviously i would disagree with it, whether he is the dissent or the majority. he has certainly played a pivotal role on so many issues. issues ranging from national security to religious freedom to freedom of speech, decision on the crisis pregnancy centers. he's been a stalwart on free speech. the next justice that now will be selected by president trump will play an unbelievably important role, a critical role, replacing what has been justice kennedy's legacy as a swing justice. >> shannon: let me ask you, this president, and a very short time, is already got two opportunities now. conservatives seem to be happy with justice gorsuch. there will be another name and face to fill the role vacated by justice kennedy july 31. what kind of impact do you see this president having on the court long term? >> the lasting legacy of any
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president is their supreme court nominees. in this particular case, we have two this quickly and a potential for many more. it will be the supreme court for generations. i think not only is this a significant selection, replacing somebody like justice kennedy, but also the fact that this is a multigenerational appointment. the president said today and i think rightly so, he's looking for someone who can serve for 40 years. you've got a great group of nominees. you just haven't senator lee, fantastic. people like judge kavanaugh, others. there's a whole list of potential nominees. all of which would bode well for the country and the constitution. >> shannon: we don't have the best connection, so we are going to let you go. we know you'll be a voice that will be counseling the president through this process. you, knowing many of the judges on the list. thank you for your time tonight.
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the president speak in a short while ago in fargo, north dakota, unleashing a brand-new salvo about replacing justice kennedy. let's go straight to white house correspondent came important fargo. they were fired up out there. >> you better believe it. 6,000 people packing the shields arena in fargo. there was another 6,000 they were turned away. quite incredible to see this incredibly long line of red hat's outside in fargo. no surprise a long and raucous address tonight by the president. 71 minute speech of the president talking to the crowd, imploring them to support kevin cramer and he so called liberal senator heidi heitkamp. the president mentioned today's biggest news, the pending retirement of justice anthony kennedy after 30 years on the bench. >> justice anthony kennedy, a very special guy, also just announced a little while ago his
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retirement. from the united states supreme court. [cheers and applause] great man. and i'm very honored that he chose to do it during my term in office, because he felt confident in me to make the right choice and carry-on his great legacy. >> shannon: >> this happening t that the president quite frankly threw plenty of political punches but maybe he saved his hardest hit. new york congressman joe crowley who you probably heard was upset last night and his primary by justice democrat socialist alexandria ocasio-cortez. >> one of my biggest critics, a slovenly man named joe crowley, got his ass kicked. by a young woman who had a lot of energy.
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>> a lot of energy. the folks are excited about that. no surprise he also mentioned maxine waters. he had a lot to say about her, shannon. he called her the new face of the democratic party. he mentioned very briefly that it would still be very good for the usa to get along with russia and talked about perhaps a pending summit, which we are waiting in an official announcement that he may be soon meeting with russian president vladimir putin. a busy night and an exciting night inside fargo, north dakota. >> shannon: i get the sense the president really loves campaigning probably more than just about anything else he gets the chance to do any doubt on the road. >> no doubt about it. >> shannon: he would like to see in campaign mode and the feeling seemed to be mutual in the crowd. >> yeah, you back. >> shannon: thank you. stay with us. more on justice kennedy's retirement. why some democrats say they are in panic mode. listen to a bit of this reactio reaction. >> justice anthony kennedy.
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he has just announced he's retiring. >> shannon: will the open seat to be filled before the midterms? will it drive the right or left of the ballot box? we will be joined by pastor robert jeffress. he joins us live next. we knew helping our communities was important then. and we know it's even more important today. so we're stepping up to volunteer more and donate over a million dollars every day. so our communities can be even stronger. it's a new day at wells fargo. but it's a lot like our first day.
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>> shannon: democrats acknowledged they don't have many options, if any, when it comes to blocking about a new supreme court justice before the midterms. that's not what some partisan media commentators want to hear. there appears to be a meltdown happening on air, on capitol hill, social media, and within the dnc. trace gallagher is tracking the backlash freshly today. hey, trey spiezio as excited, reaction from the left at justice kennedy's retirement announcement was fast, prevalenc tests day say the least. here's a sampling that tends to make the point of beginning with our cable news competitors. watch. >> roe v. wade is doomed. it's gone. because donald trump won the election. because he is going to have the chance to appoint two supreme court justices. >> if he gets replaced by a hard-line social conservative, the democratic leadership will have to pay.
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they cannot this happen. they have to play hardball. >> now for a fly on the wall reaction. during the kennedy announcement, democratic national committee was holding a meeting and a politico reporter tweeted audio of their response listen closely. >> justice anthony kennedy has just announced that he's retiring. >> oh! >> oh, my god. he was the one that was easily persuadable. >> little-known left-wing comedian curtis cook certainly bumped up his and name recognition today when he tweeted this line quoting "i wish this kennedy had been shot instead of the other one." you have to assume is act is a laugh riot where there was the real celebrity tweets. don cheadle. "okay, democrats, this is real. this is how you lose the country. all of our rights are in the balance. urge your leadership to resist
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when trump attempts to appoint the next swamp thing out of the pez dispenser or kiss it bye-bye." and share saying the supreme court completely right wing. liberal activists and journalists waiting. al sharpton tweeting "we have no choice but to organize, strategize, vote and act. ambivalent attitudes are not an option. all civil and human rights are at stake. what side are you on?" turns out the justice editor at think progress is a man of few words, tweeting "blank you, justice kennedy." finally, bernie sanders waiting. watch. >> nominate somebody who wants to undo the constitutional right women now have.
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you're going to see a massive uprising on the part of people all over this country, not just women, but men who think that that decision should be left to women and not to the government. >> we could go on and on, but you kind of get the theme here. shannon. >> shannon: so we do. trace gallagher, thank you very much. according to 2016 exit polling, 70% of voters say they supreme court appointments were either an of important or the most important factor for them. senator mcconnell's decision to keep the seat of lake justice scalia open for almost a year is going to be a big factor in driving voter to the polls. polls show republicans legging this year on the generic congressional ballot so we'll justice kennedy's retirement flip things for the fall? let's bring in pastor robert jeffress, fox news contributor. good to see you. >> thank you. >> shannon: you heard in the report from trace that there was talk about how it could impact
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roe v. wade and other decisions. justice kennedy had been friendly to abortion rights. i want to play something we heard tonight from cecile richards who stepped down as president of planned parenthood. >> this is definitely the break the glass moment. i guess what i'm hearing, definitely in the last few hour hours. this is throwing kerosene on the fire already burning among women in america. could have enormous implications for the midterm elections. >> shannon: i want to contrast that with someone that leonard leo of "the federalist" society who has been a key voice and guiding the president on the selections, what he has to say about it. >> the left is been using the roe v. wade scare tactic since 1982 when sandra o'connor was nominated. over 30 years later, nothing's happened to roe v. wade. >> shannon: what do you think, pastor? >> well, i think eventually conservative court will either overturn roe v. wade or at least
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greatly diminish its importance and its power. here's why, shannon. in 1857, the dred scott decision said african-americans were nothing but property to be bought and sold. thankfully that was overturned. roe v. wade is really the dred scott decision of the 20th century. it said children in the womb were not people. they were just biological blobs with no rights. i think you're going to see that overturned. and this is what a conservative court does. in a liberal court, the liberal court creates imaginary rights for some people while erasing real rights of other people. there is no right to abortion in the constitution but there is a right to life. and i think a conservative court eventually will see that. >> shannon: you know you're going to give a lot a people hives tonight saying stuff like that. cecile richards also talked about the fact that she believes the president has a litmus test on whether someone is willing to overturn roe v. wade or whether they have a pro-life record. how tough do you think it's going to be to get someone like
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that through the senate? where not just talking about democrat roads but republicans too who will be resistant to somebody they thought might do that. >> welcome isaac they could be tough for anyone except for donald j. trump. he has the guts to put forward. i talked to the president not long ago. he's a smart guy and knows the number one reason evangelicals voted for him in the largest margin history was because of his commitment to a conservative judiciary. we also talked about the reason evangelicals continues continut him is because he is fulfilling those promises. not just at the supreme court level but at the federal court level as well. and shannon, i have spent this year saying i believe president trump is the most consequential president since ronald reagan but i am changing that tonight. i believe he will be seen as the most consequential president since abraham lincoln. this remaking the judiciary is going to shift the direction of our country dramatically. it's going to cement his legacy
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as a conservative, and i believe it will ensure his reelection in 2020. >> shannon: depending on which end of the spectrum, your ads you love or hate the analysis of the long-term impact is going to happen eventually through the courts as you said from the bottom up. how do you respond to those who, you cite the even debacle approval ratings, how do you respond to those who say listen, these evangelicals him like they are willing to put up with anything. vulgar talk, suggestions of going after your opponents, making fun of people, calling them names. taking friends with dictators. they are willing to do any of that to get their agenda accomplished, and they say that you are a sellout. >> well, they have been saying that for a long time but look the reason that we elected this president was because of his policies, not necessarily because of personal piety. as anybody really going to make the argument that hillary clinton was a more moral character than donald trump? of course not. that's ludicrous. we support this president conservative positions, and
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what's happening right now vindicates our decision to choose donald trump as president. i believe the never trump movement, the sliver of it, still in evangelicalism, he shut up forever. >> shannon: do you think evangelicals turn out this fall? there's always a lack of energy in the midterms for the president and the midterm or his party. do you think they will wake up and show up? >> i think on a well-trained i think they what's at stake him and i would really encourage the president and mitch mcconnell to push forward in this, get this done before the midterm elections. this will guarantee a huge turnout by conservatives and especially evangelicals. >> shannon: all right, pastor, good to see you. we will see if your prediction comes true. come back soon. >> thank you. >> shannon: other news coming out of the supreme court today. he would come a major blow to public-sector unions. we will tell you what it means. it would have been our headline without this retirement. the lead plaintiff, mark janus,
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so say yesss! to help for recurring constipation. yesss! to help for belly pain. talk to your doctor and say yesss! linzess. >> shannon: in what would have been the top story from the supreme court today, 5-4 decision, just as his ruling against public center unions in the case of an illinois state government employee. mark janus. he didn't want to be forced to pay union fees to an organization's clinical messages he may or may not support. it's a decision that could impact millions of public-sector employees just like him. mark janus and his attorney join us now in a "fox news @ night" exclusive. welcome back, gentlemen. mark, how do you feel? he took on this fight, takes years to get through this process. a win for you today at the supreme court. >> it is starting to. it's a bit overwhelming. to have a decision such as we received today is just so
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fantastic for public-sector workers such as myself and 22 different states and the fact that they now have a choice. they have a choice to make their own decisions instead of having something like this forced upon them such as these agency fees and dues. >> shannon: justice alito writing this procedure violates the first amendment. it cannot continue, the collecting of union fees. neither in agency fee nor any other payment to a union may be deducted from a nonmember's wages normally any other attempt be made to collect such a payment unless the employee affirmatively consents to pay." they went as far as to say it's not an opt out situation. employees have to opt in if they want to be involved and pay money to the union. because that is huge. in some states like california, people who take certain government jobs are automatically in the union unless they figure out the fact that they can quit and figure out how to quit. now it's not going to work that way. now you are only in the union, only paying those union dues if
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you specifically choose to do that. >> shannon: okay, you know the left was upset. let's start first well with the left side of the bench. justice kagan said "the decision will have large-scale cons with us. public employee unions will lose a secure source of financial support." she later said the majority has chosen the winners by turning the first amendment into a sword and using it against workaday economic and regulatory policy. mark, for you, this was all about the first amendment, whether you could be forced to use your money to subsidize someone else's political manage. >> the first amendment give me that right of free association. unfortunately with the force side to pay, i didn't have the freedom of association. i was told that i had to do in order to work for the government. and i didn't pay come i didn't have a job. >> shannon: the dnc say attacking unions is one of the most powerful tactics in the republican playbook to enrich their wealthy friends at the expense of working people. in fact, republicans are so determined to undermine workers that they held a supreme court seat hostage for nearly a year
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in order to nominate an aggressively antiunion justice. make no mistake. the nomination of neil gorsuch was first and foremost about winning the janus case and taking rights away from workers. jacob, how do you respond to that? because i don't think that was the only factor in play there but it is strange to say this case is about billionaires when the plaintiff in this case is a man, mark janus, not a billionaire. what we've had in this country is a scheme where unions have been taking money from workers like mark to enrich themselves and we are saying those workers should have a choice. if they want to support a union, that's great but if they don't, they should have the option not to. we are restoring fairness here. unions have had an unfair advantage where they've been able to take money from people who don't want to pay it. which nobody else in politics can do. this just creates a situation where like everybody else, they have to get by on money that people will give them voluntarily. >> shannon: mark come out wire was it where you wanted to step up on this issue and not be forced to pay without your
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choice. >> i was seeing the politics the union was conducting in illinois and elsewhere. i was also seeing the fact that my money was going to positions that i just did not agree with completely. and the fact that when i tried to get an accounting of where my money was going, it was was not available. it was nebulous. yeah, they give us some information but it was so vague. you can almost interpret it anyway want to do. therefore i am thinking, you know, why am i supporting this and why my being forced to support something that i just don't agree with? that goes to the point of not only policy but we are also looking at the collective bargaining process itself and the lack of transparency in that whole process. >> shannon: this case overturns 40-plus-year-old supreme court precedent that's been relied on for unions for four decades now. because of you, history has been changed. it would've been our top story. it's a huge case.
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the last we talked was before they retire meant announcement and it's good to see you again. >> thanks for having us. >> shannon: the panel to look at the impact of justice kennedy's retirement on the midterms. plus the big upset in the newer congressional primary of a virtual unknown millennial self-described socialist takes down a powerful democrat. who is winning and who was losing? >> i felt like our party could be better. our message could be better, and then we could be better as a country. ve with a higher risk of stroke due to afib not caused by a heart valve problem. so if there's a better treatment than warfarin, i'm up for that. eliquis. eliquis is proven to reduce stroke risk better than warfarin. plus has significantly less major bleeding than warfarin. eliquis is fda-approved and has both. so what's next? seeing these guys. don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke.
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stay one political and media elites salivating where the prospect over the bases of both parties getting fired up for the midterms. democrats hoping to harness -- the number democrat in the house. republicans looking to energize conservatives over a volvo to replace justice kennedy on the supreme court. conservatives like rush limbaugh think this tilt is in the president's favor. >> let's review. supreme court has been climb back freedom for the american people at breakneck speed." but it doesn't matter. a win is a win and the guard. trump endorsed candidates winning on the republican side. bernie sanders socialist communist winning in key places on the democrat side. >> shannon: let's talk about it with the panel. fox news contributor leslie marshall and radio host larry o'connor.
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you are both in the same studio. we have bouncers standing by. let's talk about this win last night, this very young upstart challenger in new york taking down the number four democrat in the house. she's a former bernie sanders organizer. she's a socialist at least in part, describes yourself that way. larry, the democrats going to embrace? is this the wing of the party? >> i think they have to. i think it's bernie sanders party. we opposed trump, there have been there any other ideas. 2016, we like to think the split was in the republican party over donald trump but there was a major split in the democratic party between bernie sanders and hillary clinton. it was a very close primary. they never resolved it. they've never read to resolve it. i know you see the energy and ad the power and the victories. you mentioned the young woman in new york. let's not forget in maryland, we had been jealous, complete
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political novice. the poll said he wasn't going to win. he endorsed bernie sanders. he beat and establishment democrat for the nomination for governor. this is of the democrat party is. i think it's the democratic socialist party. should we just call the party the democratic socialist? because no, no, no. >> shannon: do you think they are trending that way. we've seen some races, some of the primary races where they had someone far to the left in that prison didn't end up winning which sets up that better for the ball. when i was on the floor of the dnc, the bernie bros were not having it. there was no kissing and making up with the hillary clinton wing. stick a my concern is the split. i don't agree with you. look at new york and look at the district. this is a woman with youth where some of the people when they say vote them out, they don't just mean republicans. they may democrats as well i
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think we are seeing that. she also worked harder than her opponent, quite frankly. he didn't show up for a debate. he didn't -- a lot of people out there. >> shannon: they way outspent her. said 18: one. >> it's not always the money. sometimes it's the hard labor. the message that seems to be and we are seeing this in exit polls is that voters are carrying a lot more about health care the democrats would think they would be talking about health care again. certainly they care about jobs they definitely care about immigration. some of the social issues we are seeing really matter in district like this and it reminded me of the upset a couple years ago with eric cantor. >> shannon: that was primarily comely thing about immigration. birds otherwise seem to be at the time for eric cantor was on that. dave brat now holds the seat running again this fall, like all the houses. let's talk about the impact potentially of justice kennedy because it sounds like mitch mcconnell, who does run the calendar, represents the
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majority in the senate, wants to get this done before the midterm elections and before the new supreme court term starts. so what is this energize to get out and vote? if the seat is locked down, what motivation is a far right have to get out there and vote? >> this is easy. first of all, rush limbaugh is right. rush limbaugh is always right right. he was right about this, shannon. he absolutely was. the 2016 election we had an open seat. it was empty and it was up for grabs in donald trump won that. i finished reading the great book "the great revolt." she interviewed voters in ohio and pennsylvania who voted for barack obama and one of the prime reasons they want for donald trump even though they were against him on the lot of things was that c. they want to make sure donald trump -- you need a senate to approve the seat, right? high think it's going to motivate those voters. this is another reason to get voters out there and reaffirm their decision that president trump is the man to fill that seat and they want to make sure there's a stronger
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public and senate to confirm him. >> shannon: ezra klein says this. 133 days away from the 2018 election. the past senate majority for democrats is narrow but given that they need to pick up two seats, it's possible. if democrats take back the senate, they have the opportunity to will the same power mitch mcconnell did over any future supreme court vacancies. but only if democrats learn the lessons of 2014 and actually turn out to vote. we have a lot of justices up in age and may think about retirement. they may not but you have to be watching them and thinking about that. so will democrats be thinking past justice kennedy if there is somebody already locked in before the midterms and say we can't allow this to happen again and they show up? >> i hope so. ezra is 100% right. i think it's gonna motivate democrats, liberals, progressives, those who want to
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-- don't want a conservative court. orwell combined with the handmaid's tale. that's a concern for some of us on the left. not just democrats but republicans too. that's a function of the presidency they really care about and they know when it comes to confirmation, you've got to have majority. i stopped weeds out today democrats have got to block this and i tweeted they can't. they can't. the only way they can block it, the only way they can block it is to change the composite. and obviously if senator mcconnell wouldn't be a hypocrite and would keep to what he said last time around, let the people decide. wait until we have the election. >> specifically a presidential election. you know that. >> shannon: there are couple republicans, you can't consider them a lock. >> if roe v. wade is a threat.
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they don't march in lockstep like you brainless democrats do. >> you just talked about the division in our party. >> when it comes to the supreme court, he seemed to come through. in west virginia with joe manchin and claire mccaskill immaturity, this means something. if you want to make it about handmaid's tale, it's going to motivate. >> shannon: we don't want to make anything about it handmaid's tale. great to have you together. political programming note. tomorrow night bret baier and martha maccallum are going to be live in orlando moderating a debate for florida governor. tune in. congressman ron desantis and adam patman go-ahead dad. when we return, anti-trump fbi agent peter strzok goes to capitol hill to meet with lawmakers. guess who else showed up? catherine herridge. she tells us what he said and what happens next. so i drink boost to get the nutrition i'm missing.
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>> shannon: knew tonight, disgraced fbi agent who texted about a stop president trump's election was grilled for hours on capitol hill capitol hill by lawmakers. judiciary chairman goodlatte saying unfortunately fbi counsel ordered mr. strzok not to ask many of the legitimate questions he was asked. we intend to hold a public hearing soon. chief intelligence correspondent catherine herridge tells us what she knows. >> throughout the day on
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capitol hill, we've been getting a series of impromptu briefings from lawmakers as agent strzok's deposition progress. republicans convinced agent strzok is 's anti-trump bias infected the fbi investigation. >> i would expect, you know, any witness to suggest that they looked at this impartially. i don't know how you read the text, i don't know how any reasonable person reads the text and would suggest there was no bias. >> agent strzok arrived on capitol hill earlier today. he did not take fox's questions or questions from any other reporter. lawmakers remain focused on the anti-trump text messages he exchanged with fbi lawyer lisa page, especially one from august of 2016 where they talked about stopping drug. democrats said these were intimate personal messages and at the end of the day, agent strzok was not the sole decision-maker. >> there were i think 20 people on the team.
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certainly if one individual made displays of political bias, the question is whether that would somehow railroad 20 people into coming to political conclusions. >> fbi director christopher wray and deputy attorney general rod rosenstein will testify tomorrow publicly on capitol hill before the same house panel. shannon. >> shannon: catherine herridge on the hill. thank you very much. stay with us. our midnight hero is next. like, say... your car. well, good news. the esurance app lets you keep an eye on your repairs when your car is in the shop. it's kinda like being there, without being there. which is probably better for everyone. that's insurance for the modern world. esurance. an allstate company. click or call.
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yeah! (butch growls at man). he's looking at me right now, isn't he? yup. (butch barks at man) butch is like an old soul that just hates my guts. (laughs) (vo) you can never have too many faithful companions. that's why i got a subaru crosstrek. love is out there. find it in a subaru crosstrek. >> shannon: a chick-fil-a worker in austin, texas is being hailed a hero for helping save a customer who was choking on his food after a fellow customer try to help that man to no avail, hunter harris rushed from behind the counter to use the heimlich maneuver to help the customer. he's in good shape, and he will walk out of the restaurant. harris modestly said he was glad
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he was in the right place at the right time. we are, too. we are grateful you spent the evening with us. good night from washington, i'm shannon. ♪ ♪ >> tucker: president trump is about to speak in fargo, north dakota, good evening and welcome to "tucker carlson tonight." it was a drama-packed newsday today thanks to the supreme court kennedy. he announced his retirement this afternoon which gives the president at the chance to appoint a second justice which could result in a big change to the court's ideological makeup, as well as quite an ideological battle. kennedy was routinely the swing vote in the most contentious cases before the court. shannon bream posts "fox news at

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