tv The Journal Editorial Report FOX News November 11, 2018 12:00pm-1:00pm PST
website, "foxnewssunday".com. have a great weekend and we'll see you next week. reporter: welcome to the journal editorial report. we begin with the ouster of attorney general jeff sessions. sessions submitted his resignation wednesday. he had repeated clashes with the president over his decision to recuse himself over the mueller investigation. the president said matthew
whitaker will take over as acting attorney general until a permanent replacement can be confirmed by the senate. welcome, judge. good to see you again. what do you make of the handling overall of the sessions resignation? >> i like jeff sessions, i consider myself a friend. ii think that he was unfairly treated. i think he was fulfilling the president's mandate, and the criticism of him for having recused himself was unfair. there was a regulation that required him top recuse himself in a situation where there was a criminal investigation. he may have recused himself too soon and too broadly. he would have had to have the gift of prophecy to predict it before the event happened. paul: the president should have someone in the position he
trusts. >> he should. and he asked for the resignation and didn't let him stay to the end of the week. methe question becomes who can u appoint. he may very well have had statutory authority to appoint matt whitaker who was chief of staff to jeff sessions. he had been there for more than 90 days which is the magic term under the applicable statute. one statute is the vacancies act which specifies the president can appoint in a couple of ways. one of which would involve appointing someone in matt whitaker's position. the vacancy act says it's exclusive unless there is another statute that apply to thet particular agency. that stawt statute says the pecking order at the justice department goes to the deputy
attorney general then associate attorney general and down the line to senate confirmed officials. paul: you think it's controlling'? >> it's permissive. so it's conceivable the president had authority to appoint somebody as act hog was nott confirmed by the senate. but that doesn't solve the constitutional question, regardless, the constitution governs. paul: what do you think? >> i think there is a real problem. the constitution says officials ought to be appointed by a president with the advice and consent of the senate. other than by inferior officers who may be appointed only by the president. paul: is an acting attorney genl is not an interior officer. he's running the department. >> correct. he has some duties he has that
can be performed only by somebody properly appointed. paul: the president plans to nominate somebody fairly quickly to the post. but we don't know how long it will take to confirm that person. >> he cannot nominate matt whitaker at a time when he's serving as acting. even the vacancies act doesn't he lou that. -- doesn't allow that. but the question becomes if anything he does is void. and it will go to litigation, i assume.go and somebody who is affected by something he does as a non-del a non-delegatable act. paul: rod rosenstein is the acting attorney general.
>> or the solicitor general. rosenstein has his own recusal issues with regard to the mueller investigation. he wrote the memo justifying the firing of jim comey. and signing off on fisa warrant. perhaps he ought to have accused him -- recused himself a while ago. >> let's put that aside and move on to who he should nominate. you were in the a.g. slot. you report to the president. as attorney general you are part of the executive branch. you need to be interest no in terms of the credibility you have.pl to -- to assure that you are administering justice fairly. policy, you apply to policy of the s administration which you
serve. jeff sessions did it very well. cases are a different story. that's something that should not be subject to any interference by the president or anybody else other than people in the justice department. >> if somebody in the white house says, let's make that case go away, that's where you draw the line and say sorry, we'll make this call on the evidence and the law as we see it. >> right. what are you looking for in an attorney general if you are theyo president. >> you are looking for somebody who will fulfill your policies and do it vigorously. i think matt whitaker does that. and somebody who has the regard of people in law enforcement. and people in general. whether he does or doesn't, i don't know. i don't k know the man. but i do know people who know him. he's a fine lawyer and is well regarded. >> if you are the president you like to get somebody of stature.
like president bush went to you. paul: there are other people, former deputy attorney generals, they have independent credibility. >> thehe question would be findg somebody who had that credibility who would be willing to do it. paul: we'll see who he picks. when we come back. with jeff sessions out. our panel weighs in on the future of the mueller probe next. then i found aleve pm. the only one to combine a safe sleep aid, plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am. our mission is to provide complete, balanced nutrition... for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy! at humana, we believe great
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jimmy (shouting): james! he's survived record rain and a supplier that went belly up. so while he's proud to have helped put a roof over the heads of hundreds of families, he's most proud of the one he's kept over his own. brand vo: get the most out of your money, whether you're using quickbooks smart invoicing to get paid twice as fast or automatically tracking your mileage. smarter business tools for the world's hardest workers. quickbooks. backing you. >> protecting mueller and his investigation >> protecting mueller and his investigation is paramount. it would create a constitutional crisis if this were a prelude to limiting or ending the mueller investigation. paul: that was senate any near
the leader chuck schumer reacting to the firing of jeff sessions. kim strols and bill mcgurn. as i interpret what senator schumer said please, mr. president, fire mueller so we have have a constitutional crisis. >> i don't think there is any danger bob mueller will be fired. i think he may be close to wrapping up. paul: what about the firing of sessions? is that justified? >> i don't know the management book where you berate people in public and get the best out of them. and i think he has done some good things. i like that he didn't appoint a
special prosecutor against hillary. but when he recused himself he left the president with a crippled attorney general on the central investigation of the times. paul: what about the matt whitaker appointment. it's unusual as judge mukasey said. it would have been sensible to avoid that problem and any challenge to future decisions whitaker makes. >> the president was asked about this, and he basically made it sounds like, he was there and it was easy. it doesn't sound as though there was a great deal of thought put into that. he seems like a very competent person,, the chief of staff. and let's hope in the end that what happens is the president moves quickly to name a successor and we don't have to go through how long or what
power matt whitaker has. paul: if he does make decisions and they are challenged, that he didn't have the real short to make the decision. >> for all the criticism of jeff sessions and the fact that he was not able to exert any influenceov or adult supervisio. you t have an acting a.g. who can't serve influence over anything. >> i thought sessions handled it very well. the way he hand it personally. he didn't lash out at trump. he b said it's been an honor to serve. he may run for senate inial bama against doug jones. >> i agree with bill. there was a real problem there that he couldn't exert this influence over the mueller probe and have control. it was very classy how he left. he's still popular in his state so he may well be re-elected.
but he did important things outsidell the supervision of the mueller probe. one of them is a return to law and order. after 8 years of the obama administration politicizing the justice department.et he's turned that back and on issues like free speech, some of the prior litigations going on out in the states. it's been astounded leadership. paul: we have seen chris christie, pam bondy of florida. could those two or rudy giuliani be confirmed by the senate? >> i think it could. he has more people in the senate. i think that's why he waited until now to have jeff sessions resign. he has more members of the
senate to get him confirmed. paul: i don't think rudy julian which could be confirmed. >> one person we have been hear being a lot, nerks ol francisco house the solicitor general and he would be a sound pick. but he has a good job where he is and he's doing good work. i am hearing michael littick at boeing, he's a former judge. in the end we are probably likely to get someone who isn't the big marquee names. but someone respected in the legal community. paul: florida senate race. they found a box of ballots in a schoolhouse. they are supposed to report provisional absentee ballots
within 30 minutes of the closing of the polls. >> this isn't new in broward county. this is business as usual. >>ng it's a lot more to go after there than there is in russia. >> it could be very, very messy if that turns the democrats' way. when we come back, president trump gearing up to face a democratic congress. should we expect two years of deal making or credit lock as divided government returns to washington. ? >> now is the time for members of both parties to president trump: i ask members of both parties toto join togetr and put partisanship aside. you should meet our newest team member, tecky. i'm tecky. i can do it all. go ahead, ask it a question. tecky, can you offer low costs and award-winning
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>> i tell you what, this was a great victory for us and again from a deal-making >> from a deal-making and point we are bitter off the way it turned out. i believe if the democrats want to, we can do a tremendous amount of great legislation. paul: that was the president wednesday calling the outcome of the election a great victory. the president says he's ready to make deals with the newly elected democratic majority. bill mcgurn, and alicia finley. is it easier to cut deals with a democratic house than house republicans, does that strike you as at all plausible. >> if donald trump thought working with republicans was hard, he has seen nothing yet it's good that he offered a hand and this t is the way he's going
into this new he their knowio. there are things he'll need, he need them to pass this trade, nafta deal that he's come up with. he need to 0 negotiate a budget and need them to raise the debt ceiling limit. right now i don't think democrats are in the mood for deal making. >> there is going to be a lot of deals we may not like that he would do. if he's willing to raise taxes atot the top, he can get a lot from the democrats at the top. but there are conceivable deals where i think that's a danger with the middle class tax cut that you raise the top rates and get a middle class tax cut.
i think there is a lot of tough they could do. all presidents and all speakers talk about bipartisanship, but then they go and corral their votes. we'll know more when the president puts out policies of what they can do. >> somebody asked him, you proposed this middle class tax cut in the campaign. if you want democrats to vote for that, would you be willing to revisit tax reform? i think we can do. the message it sent to pelosi and chuck schumer was, let's go. we can get the republicans in the senate to have to vote to raise taxes which would be politically deadly for them. and it would hurt trump. >> but then you have to remember the original thanks proposals the republicans put out had a higher marginal rate.
the house plan had 139. >> they had that special pump for a few taxpayers. it went down from 37. they don't want to vote for that. republicans don't want to vote for a tax increase. maybe foror some kind of public works project.. itct will make the argument, 25% is still pretty competitive. though on the other hand i don't think democrats care for paying for any kind of spending. paul: they love to pin one on them, kim. whate about the broader message ofad the election. the president says tremendous success. losing the house because he gained seats in the senate, held on to a couple governorships, key ones, iowa. but got wiped out in the upper
midwest. and the suburban damage is just enormous. they lost the suburbs of houston, des moines, denver, oklahoma city? i don't know how you define that as success much less tremendous. >> there were pockets of success. the factda that they managed to expand their majority in the senate. if you look at the states, there were initiatives that passed. but yeah what you are seeing in those results that you just mentioned, especially in those suburban areas is a message to this white house. you did not manage to grow your co-digs for the last two years. that's the way you win mid-terms and you win reelection as well. the presidentth has to figure ot a new way to bring more people into the fold. paul: is this about his temperament and persona?
is it about the way he behaved? he didn't do well with women. i think the gap was 19 points. >> he did well in the senate, i think that was a backlash against the kavanaugh hearings and how democrats comported themselves. but you see suburban rurals, and if he wants to take back the house and win the presidency they will have to broaden their coalition to suburban women and college-educated people. > the president didn't win a victory. but it wasn't the massive defeat. he did a lot of rallies for these people and it made a differential. a lot of this is the historical averages. the suburbs have been a growing problem for republicans.
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>> we will try bipartisanship, we believe that we have a >> we believe that we have a responsibility to seek common ground where we can. so open in transparency accountability, is a very important part of how we will go forward. >> house leader nancy pelosi striking a bipartisan tone on wednesday following her or his victory in the midterms. so what should we expect? >> mark is the managing director . the number of democrats one who in their campaign said they would not vote for nancy pelosi as speaker do you think she will still become speaker.
i thought it was a sure thing.t they're telling me now not so fast. it's growing movement that we would be better off in somebody like jeffries from new york is been floated as a contender. if you'd ask me a week ago i would've said forget it she is it. but now, i'm not so sure.d she said i would help you win back the majority. you know i can do this job. i did it before. w someone else will go to the election. but i think they are figuring why should we have a transitional person when we ought to come out fighting and swinging with a more useful look of the democratic party. i would still so give it to her 75-25. i think the moderates are
going to fight for rule changes. they must have enough votes to hold up the speaker vote which requires a majority of the whole congress. bills should come out of caucus and go to the floor if they have a reasonable level of support. in that well in fact open up the floor to a lot more votes. and that's because they want to be able to vote on things that may not be necessarily the choice of the house leadership. we don't want to go to the freedom caucus by the way. we want to get them into the floor. and then open up the possibility of more deals. let's assume for the sake of argument. how do you expect the democrats to proceed handling donald trump. i have to tell you, i'm a skeptic on both sides. >> i work with president clinton. every day we would go out and blast o -- speaker gingrich.
i think at the end of the day democrats who want to get something done the president has an opportunity. i think the voters got what they wanted here.e the republicans were so dysfunctional in the house that they threw them out. and they are expecting a little bit more functionality on the democrats. at the same time they all go on. i would not be surprised if we set up a structure maybe criminal justice reform. even some progress on health care. the democrats are already saying look, we want to raise taxes and do away with some of that. were raise the top rate. to get the financing for infrastructure.
the republicans in the senate are going to go wrong with that number one. he will hurt himself in or mostly in the election. i don't think they will re- trade the corporate tax. i think they will look for some kind of bond. underwriting or may be maybe some kind of different budgeting. but that is gonna be up to the creativity of the administration in the president and his people. p that's what they have to do. it's not preordained. let's talk about the investigation side. we don't know what is in the say. the democrats there are a lot of them out there. h is running ads all the time. and there is real pressure from the democratic base to do that. how do you think they be that. >> they view it with a little
bit more trepidation than they did before. but it wasn't really an issue. it wasn't one of the top issues. just making an issue of trumpet dysfunction. they did a lot better with that stuff than they did when winning with impeachment. the president isn't necessarily can respond to them. he will do what the administration is doing and just stonewall the whole thing. they can exert executive privilege on most everything and most everything they want. it is very bad precedent unless they pass a law that tax returns should be public. i think that sets a precedent that they could target anybody. >> do you think that would look been dictated if they did something like that. a lot of people want the president's tax returns.
unlikely since he was audited. the whole thing has been a tempest in the teapot from the beginning. about the tax returns. he is plain playing a game of cat and mouse on it. he has been audited up the kazoo and he's had to file a lot of disclosure forms on all kinds of things. i dig it's kind of unstoppable. and if it's going to get tanywhere. it is going to be the molar report. what does it say. and if it doesn't really had trump russia collusion in a serious way that investigations are done. the issue is gone. once it was done it was done. and that's what's can happen here. still have president trump vowing the posture. what should we expect.
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help stop the clock on further irreversible joint damage. talk to your rheumatologist. right here. right now. humira. >> almost from the time i announ almost from the time i announce i was gonna run they had been giving us this investigation fatigue. there is nothing. they can play that game but we can play better. all you're going to end up is in back and forth. and two years is going to go up. and we will have done a thing. present trump on wednesday warning that investigation fatigue could ruin any chance of bipartisanship.e
kim, said nancy pelosi be speaker in the best and interests. i think it's still unknown if she will be. there are have some members of that they would not vote for her. she has a little bit more of a cushion now because they obtained an f of a majority. i'm not necessarily sure it is the best thing for democrats. it's because she is a very liberal leader. she is can be presiding over a caucus that elected a lot of moderate democrats who at least ran as moderate democrats. going far left which is what she did the last time she was speaker. from 2007 and eight when bush was president they did not go too far left.o in what they tried to do with him was basically try to get progressive victories where they could get him to sign up for them. like the bad awful stimulus package that they pass.
they been those light balls -- lightbulbs of a certain kind. heading she will try to do that. and not go too far left right away. here is one difference from that. of time they left -- the one left in the party have it with more pressure. are there areas here's where i would be concerned as a free market conservative. in particular populist policies. raising the minimum wage. price controls on drugs. those are the areas where i worry there could be bipartisanship. you mean and new entitlement perhaps. mandating. i think this may be where she goes. i am worried about a tax increase because i think the president doesn't have a particularly firm this is the
key to the economy. there is a reason they want the president to sign onto a tax increase. that's what they do to republican presidents. i think on the big issues. one of the problems the dynamic is that they did elect a lot of moderate democrats. he was a naval academy graduate. there was some moderate ones. but also's the very excitable wing. when you look at the chairman chairman coming through these committees. i he is already talking about impeaching trump and cavanaugh. one area i think they could make a deal. t immigration. the president wants his border wall funding. and it seems to trade on those
things.et i don't see the democrats wanting to give trump a victory. if he got it, he should. do you agree with bill on that. i don't think they really want to deal with that. i think the issue is can it be the extension of the program it will probably comene up to the supreme court within the next year or so. and if they uphold the president's decision than the democrats and republicans are gonna be in a position where they may have to negotiate. >> what about the dilemma that they might face if mueller comes in. nothing really major. the democratic base may say see, we still got something. they may have to make an interesting call.
they may want to actually run against impeachment. if they try to make much ado about nothing but the tax returns. and profiting from his ventures. that actually play while for trump? >> i think it might be the one reason. making a bad deal on some of the stuff. let's see with the environment is when the investigations really start rolling.re this president does not like criticism. they will become in him full frontal with the house. they paid a price. the state of the state. following tuesday's midterm. will see what it means in policy and politics.
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paul: a look now at the state of the states >> a lick now at the state of the state. with democrats gaining seven governor seats. so alisha, what is the big take away. from tuesday's results. they picked up the seven governorships. they also picked up six legislative chambers. nearly double what they currently had. they also broke the republican control over kansas, wisconsin michigan, the result is that
it may come to halt at this point. they do still have the power that they did before. what about the rollback. they have really made enormous progress. on a variety of other things. education reform. as some of that going to be rolled back now. just right away. >> i think will be hard to do right away because they do not had the legislatures in those states. of course are going to try to gain control of the legislators ared 2020. in some states you may see some of those reforms in kansas. i know the republican legislature actually passed a medicaid expansion.
the biggest change from a public policy point of view is that red states that have not expanded medicaid are now going to do it. it would add enormous numbers to the roleses and potentially be the future hold on the budget. >> it will be really expensive for them as well. they got hooked into it and then the roles dramatically expanded. future pension reform. they lost eight seats in the state senate. it had been republican-controlled for a long time.
lord of all. he surveys. does he move sharply left. he wants to run for president in 2020. he has been perceived as moderate and so forth. especially about the state legislatures. a lot of those are in legislatures. in terms of these reforms. that is a secret to a lot of them. 900 seats for republicans over these years. democrats are claiming they got 350 back. in this election. it is a rebalancing of what it was before obama. but that's a big thing.
they gained a bunch of seats in their state legislature. >> one other casualty. with the changes in the states you finally have a republican letter. two other states we have followed closely illinois, connecticut in california pretty much all democratic-controlled again. and in a few more years. but connecticut one of the governorship. they took a large geordie.
9% in ten years. that was the puerto rico. he will not raise taxes. and renegotiate these contracts the same issue they face illinois. the democrat who just won the governorship. they tamp that down. with 2022 when he faced reelection. they're not going toeg find those in public. i think they will try to go through the low hanging first.
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the most common side effect is nausea. my favorite role so far? being a non-smoker. no question about it. talk to your doctor about chantix. paul: time now for hits and misses of the week, kim. >> paul, this is a hit to all voters out there who voted the right way for proenergy policies time now for the hits in mrs. of the week. this is a hit to all of the voters out there. who voted the right weight on tuesday. in washington state they voted down a carbon tax. they voted down a terrible renewable energy initiative. across the board pretty good at night. trump gets a little bit of p credit for this. he has been talking about pro industry policy. this is on election day.
from jim's in apartment buildings. they blamed it on bad weather.th this is just another example of the dysfunction. g the voting machines don't work. the computers and tennis courts don't work. i'm trying to find something that doesn't does work in the city.. when the saturday night live comic made fun of the former navy seal. dan crenshaw responded. rather than play the victim i don't want a culture where they are demanding those policies. they have bigger problems. congratulations to the new congressman to texas. if you enjoy the journal editorial report be sure to join us on fox nation for our daily deep dive. the most important story of the day. one story one panel one parallel expertise.
that is it for this week's soap show. i think you for watching. we hope to see you right here next week. burning up and down the state wildfires. claiming at least a 25 lives so far. hello everyone. thank you for joining us for brand-new americas hq. they are making some headway. they did overnight. much of southern california remains under four -- warnings for high winds. it could put the cruise at even greater risk.