Skip to main content

tv   Fox News Night With Shannon Bream  FOX News  November 22, 2018 12:00am-1:00am PST

12:00 am
>> that is all the time we have tonight. i'm lisa booth in for laura income. have a happy thanksgiving, shannon bream and the fox news at 19 take it from here. shannon: we begin with a fox news alert, breaking news on the southern border, general metis telling the troops to use the full force if necessary to protect customs and border patrol agents. white house chief of staff general john kelly spells out new evidence of real threats. tom homan will be here live to break it down, the story captivating the nation. and unprecedented move john roberts is defending the judicial branch after comments by the president. the controversy stemming from an obama appointed judge's willing to block the president's plan to crack down on migrants who enter
12:01 am
the us illegally and then ask for asylum. thousands of central american migrants are at the southern border. welcome to fox news at night. upping the stakes tonight the chairman of the senate judiciary committee is weighing in. chuck greatly tweeting chief justice roberts rebukes trump for a comment about judge's decision on asylum. i don't recall the chief protecting obama when that president reviewed alito during the state of the union. the washington post said this wondering why does president obama criticize the supreme court so much. kristin fisher is looking into the details. >> donald trump challenging individual judges is nothing new. what is new and truly unprecedented is the chief justice of the supreme court has responded. tensions between the executive and judicial branch in the trump administration has been building for some time but it really boiled over when district judge john to your. and obama appointee, ruled
12:02 am
against the new asylum policies putting them on hold. the caravan of migrants moved closer to the united states donald trump tried to change us asylum policy so no one could apply for asylum if they enter the country illegally but they had to apply for asylum at this point of entry but judge to ruled against prompting this response from the president. >> every case that gets filed in the ninth circuit, we get beaten and we end of having to go to the supreme court like the travel ban and we won. the ninth circuit, we have to look at that because every case no matter where they file it, practically for all intents and purposes they file it in what is called the ninth circuit. this was an obama judge. >> that led to the chief justice's unprecedented rebuke from he told the associated press, quote, we do not have
12:03 am
obama judges are trump judges, bush judges are clinton judges. what we have is a next ordinary group of dedicated judges doing their level best to do equal rights to those appearing before them. donald trump fired back with this, sorry, chief justice john roberts but we do have obama judges that have a different point of view than the people charged with the safety of our country. tensions between the chief justice and donald trump go back to the early days of the 2016 campaign when candidate trump criticized the chief justice's decisive vote in 2012 which saved obamacare. >> what he did with obamacare was disgraceful and i think he did that because he wanted to be popular inside the beltway or something. he is so disappointing to me. >> during the campaign candidate
12:04 am
trump referred to a us-born judge of mexican descent who is providing over a lawsuit against trump university, referring to him as a mexican it would not be able to rule fairly because of candidate trump's proposal to build a wall on the southern border so these kinds of attacks against the judiciary are nothing new but for the chief justice to respond, that has not happened until today. >> thank you very much. top republicans grambling to finish investigating work before they lose control of their committees early next year. that includes an update on the federal investigation into the clinton foundation. katherine herridge tells us what she's hearing tonight. >> why don't you give back the money? it would be a great gesture. >> donald trump had harsh words for the clinton foundation. >> it is a criminal enterprise, saudi arabia giving $25 million, qatar, all these countries. >> attorney general jeff sessions probed the foundation which took tens of millions of dollars from foreign interests while clinton was secretary of
12:05 am
state under president obama. the foundation set up by clinton and her husband has consistently denied wrongdoing house republicans are calling for hubert to testify about his findings. congressman mark meadows said the hearing will be public. >> on december 5th, the subcommittee on government operations will be holding a hearing where we will respect him or his designee to testify along with a couple of whistleblowers, based on previous conversations with the department of justice weeks ago. they indicated he was making good progress. >> the chairman of the freedom caucus said congressional investigators have new records of the foundation's work. >> the question of impropriety as relates to the clinton foundation whether it is quid pro quo, improper use of charitable giving. >> along with foundation,
12:06 am
investigating allegations of surveillance abuses targeting trump campaign a garter page, the justice department inspector general is also investigating alleged surveillance abuses and media leaks by the doj and fbi to include james comey and his memos about his meetings with the president. fox news reached out to the us attorney's office in utah but there was no immediate response. was six weeks before democrats take over the house hubert's testimony may be the republicans last chance to get that evidence into the congressional record. >> coming down to the wire, thank you very much. incoming house oversight committee chairman elijah cummings says his committee will investigate presidential advisers ivanka trump and jared kushner in connection with the use of a private email account. we watched a bipartisan investigation into the use of private email accounts for official business but the white house never gave the information
12:07 am
they requested. we need those documents to ensure that ivanka trump, jared kushner and other officials are complying with federal records laws. we told you about chuck grassley's tweet questioning why chief justice roberts didn't condemn the criticism of the high court. it is the latest of element in a publics that between roberts and donald trump. much to discuss with our legal eagles. bradley maas and former deputy assistant attorney general john you. welcome to you both. we showed the 2015 deadline from the washington post asking why president obama was constantly taking on the supreme court. we want to play a couple things to remind folks how he did clash with the court publicly. >> last week the supreme court reversed a century of law that i believe will open the floodgates
12:08 am
for special interests including foreign corporations, to spend without limit in our elections. >> the supreme court would not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of the democratically elected congress. >> the second clip referring to the affordable care act. of the time the case had been heard and justices were still behind closed doors hashing it out and getting ready to write their opinions, he got that characterization of their ruling so wrong that pull the facts didn't buy it. >> donald trump is not the first one to have criticisms of the
12:09 am
judiciary but what you didn't hear those clips and wouldn't here in clips if you pulled it from president bush was the petty juvenile grade school market reuses, the toyota commentary he pulls out calling them so-called judges saying they don't know what they are talking about, don't care about national security. that type of verbiage is what concerned the chief justice in my view and why the chief justice did this unusual thing to publicly respond and say there are no obama judges are trump judges and that is something to be concerned about going forward. >> give us historical context, these branches perform. >> john roberts up to grow up. he is a big boy, judges are big boys and girls, they have life tenure in the constitution. they should not listen to what presidents do. there only job is decide the cases as they see them. donald trump follows a long line of presidents who have attacked judges, attacked the supreme court in done things much worse
12:10 am
than donald trump, thomas jefferson, andrew jackson, abraham lincoln and franklin roosevelt tried to pack the court at 6 justices to the supreme court because he didn't like the way they were trying to block the new deal. john roberts should stick his fingers in his ears and stop listening to donald trump almost playing into his political game. >> a lot of people were surprised he would engage in any way. at the head of the judiciary he will be very defensive and protective of the way judges are viewed across the board. as to whether you can say someone is an obama judge or trump judge we all know presidents choose judges that agree with their judicial philosophy. here's rush limbaugh on the idea of pretending that is not so. >> we sure do. what is the ninth circuit court of appeals? that is where they are go, everyone knows we have obama judges. obama appointed left-wing hacks
12:11 am
to act as judges. >> people would say president bush and donald trump picked people who line up with their judicial philosophies but you wouldn't pick someone was going to go against the way you view the constitution, statutory interpretation and that kind of thing. >> it is a simplistic view of how judges operate. i mitigate before judges all the time, bush judges, clinton judges and obama judges are now trump judges and by and large, with a small fraction of the cases the judges are not what you think of in terms of they are just doing their politicians bidding. they apply the law as they sought, doesn't of the way the original president who appointed the may have seen it but that is how they do their job, that is how they see the law being applied. and to characterize them as obama judges are trump judges is not the reality of litigation. shannon: judges think not to serve any particular interest, we've seen them rule against the president who appointed them, they can be objective.
12:12 am
>> we have to distinguish between partisanship and ideology. one of the reasons we elect presidents and the conservatives supported donald trump is because he promised to appoint a certain kind of judge would limit his discretion to the original meaning of the constitution and obama judges and clinton judges are picked on different ideological grounds, not democrat republican, just different ways of looking at the constitution and when you look at the line of judges who are resisting the president's immigration order here and the travel ban before, they'll tend to have been appointed by clinton and obama judges and the ones who upheld the benton to have been appointed by president bush, regular now trump. that is what the constitution envisions because it gives the power to nominate justices in the president of their confirmation to an elected senate. the famous didn't want our
12:13 am
judges to be nonpartisan neutral people, they wanted politics to be involved in their appointment. shannon: the fact is there no dummies, they filing the ninth circuit for a specific purpose, because they know the best chances there and that is factual. thank you, have a wonderful thanksgiving. >> happy thanksgiving. shannon: no thanksgiving eve show would be complete without reporting the rotations of thanksgiving travel and there are traffic jams in los angeles and the rain is not helping things, look at that, aaa expecting the number of drivers this holiday season will spike, the biggest number since 2005, traffic avoiding the bay area as well. these are pictures from earlier tonight from emeryville. if you were stuck behind the wheel and need someone to blame other than your spouse here's what the president said in a tweet, you can't win with the fake news media, but the big stories because i pushed so hard and got gasoline prices so low
12:14 am
more people are driving and i have caused traffic jams throughout the great nation. sorry, everyone. gas prices are dipping, they are still higher than this time last year. the white house authorizes lethal force at the southern border. jim mattis says there's a lot more to that story. the power panel is here to break it down in the next break. this isn't just any moving day.
12:15 am
12:16 am
12:17 am
this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows.
12:18 am
click, call or visit a store today. >> jim mattis revealing the white house is giving him additional authority to use the military at the border to protect customs and border personnel with lethal force if necessary. it could mean using troops to temporarily detain migrants from minutes, not hours, in the event of violence against border patrol agents but also telling reporters tonight the lethal force authorization is not the same as a lethal force request which is to come from the department of homeland security. and of the key point. soldiers deployed to the border are on all armed. >> there has been no call for any lethal force from dhs so right away i can say going back to your earlier point we don't have guns in their hands right
12:19 am
now. >> the number of americans setting immigration as a biggest problem in the us rising sharply according to recent gallup polls. they keep a running list of what people say are the top issues. mentions of immigration is the nation's top problem are up 8 percentage points in one month. let's talk about with the power panel, isaac right. former acting ice director tom homan and opinion editor, former chief of staff to mike lee, floyd matheson. boyd, i always think i'm going to get it wrong. confirmed by the official who would know. i will start with this. from the order signed today by john kelly, he says this. credible evidence and intelligence indicate migrant caravans originating from central america toward the southern border may prompt incidents of violence and disorder that could threaten us
12:20 am
customs and border protection. we are being told statements like that are hyperbolic and they are overplaying the real threat at the border. >> i can guarantee you they are accurate. i was director of ice and i know the techniques they are using. i can tell you that we know there are 500 criminals in that population, a lot of people have been deported and if they reenter illegally, that is a felony. the president, secretary of homeland security have access to the most sophisticated intelligence in the world and i know you can count on the data being correct what is being reported. >> i want to point to a monmouth poll asking about the seriousness of the illegal immigration problem, new numbers in november, numbers are up 70%
12:21 am
of people in america they talk to consider it a somewhat serious or very serious problem. >> i hope republicans keep reading those poles, they are the polls going into election day. every poll i saw said americans number one concern was healthcare leading up to the election and given the election results, for u.s. house is picked up for democrats, if republicans want to keep following those poles i encourage them to do it. >> do you like what happened in the senate? >> the senate map we did as well as we could have expected or better given the map of what senate seats were up this year. in the u.s. house 7 seats within gubernatorial offices and 3 to 700 seats picked up in legislatures across the country. >> much better for setting incumbent president in the first midterm that we have seen brothers in the past but that is another debate. let's get back to immigration. another part of the order by general kelly says to.military personnel may perform activities that are reasonably necessary to
12:22 am
ensure protection and safety of federal personnel including the show of lethal force where necessary, crowd control, we are told by the defense secretary himself they are not armed. >> we have to be careful in terms of looking at how this plays in the political rhetoric space as opposed to the reality of what is happening at the border. american citizens are concerned that the thing we have to remember is i'm convinced we could solve 94% of the immigration issue in an afternoon on the floor of the house and senate and we should call on nancy pelosi and mitch mcconnell on the first day they are in session, get it done before the sun goes down because it is political. people use it to raise hundreds of millions of dollars every single year, both political parties and campaigns and outside groups raise the money, use it as a wedge issue to win campaigns but we have to get
12:23 am
back to everyone agrees we need border security, we need a better entry exit system, we need to redo the visa process. everyone agrees on all of those things but it is the politics getting in the way and that is what we have to unmask for the american people and expect more from both parties, this is not left or right, this is people in power making sure they stay in power on both sides of the aisle. shannon: what about the average american, people impacted by this on a daily basis in their real lives? they elect these people and send them here? >> that is one of the real challenges. this is a we the people problem. congress has an approval rating of only 11%, lower than the influenza virus. we reelected 90% of incumbents back into office so citizens have to say yes, this is impacting my life and we need to do things a little different. >> >> we have a sweeping change in the u.s. house and given effect
12:24 am
republicans have the white house and chavers of congress in two years and completely failed in addressing this issue. >> is the democrats did with president obama, they had two years when the president was in charge the democrats and republicans alike. >> as we know, there are 750,000 cases of asylum-seekers, estimates from 5 to 10,000 people in this caravan seeking asylum from persecution overseas. going to every reported is mostly poor people, mostly folks fleeing from bad situations trying to seek the american dream. we owe it if we are global leader to do the right thing and process those cases, if people are criminals send them home but if they are here is asylum-seekers we should do it and fix the system that has 3 quarters of 1 million backlogged in cases right now.
12:25 am
shannon: that has been building for generations, it will not go away. you saw it firsthand but is there a difference between people coming here for better economic opportunity legally or illegally and those who are coming some blue because conditions in their country are truly violent and we know the fraction of cases proved after asylum hearings are really low and a lot of times they are already in the country and are not coming back. >> the last speaker is wrong. a lot of them are fleeing poverty. i get it and feel bad for them but -- >> 89% to 90% lose their case in front of a judge, that is a stone cold fact. they can stand in line with millions of other people, asylum, you have to be escaping fear and persecution for your political views, race, religion, fleeing poverty doesn't qualify for asylum and the speaker
12:26 am
talked about congress, the reason the caravan is on the borders congress failed the american people, they have not closed the loopholes that raise the asylum bar, people think that will get released when they get across the border. they could have fixed a lot of this stuff. congress failed the american people and that is why the caravan is here. when they start talking about abolishing ice or sanctuary cities, that entices people to come to this country. a lot of blame to go around but the president is taking it seriously. he made a promise to protect the border and protect the sovereignty of this country and that is what he is doing and i applaud them for it. >> he upset a lot of people, when the president or anybody touches it is almost a third rail situation, when you talk about the border the people say they want secure borders, when you talk about specific things like cracking down, turning back families, that is where the
12:27 am
rubber meets the road and a lot of politicians across the political spectrum can't get this done because it is such a contentious issue. we didn't solve it tonight but i hope you all have a wonderful thanksgiving you can discuss are not around the thanksgiving table tomorrow. >> happy thanksgiving. >> a win for donald trump on the international stage as interpol,. >> we encourage all nations and organizations that are preventable to respect the rule of law to choose a leader of credibility and integrity that reflects the most critical law enforcement bodies. today is the day you're going to get motivated...
12:28 am
12:29 am
12:30 am
get stronger... get closer. start listening today to the world's largest selection of audiobooks on audible. and now, get more. for just $14.95 a month, you'll get a credit a month good for any audiobook, plus two audible originals exclusive titles you can't find anywhere else. if you don't like a book, you can exchange it any time, no questions asked. automatically roll your credits over to the next month if you don't use them. with the free audible app, you can listen anytime, and anywhere. plus for the first time ever, you'll get access to exclusive fitness programs a $95 value free with membership. start a 30-day trial today and your first audiobook is free. cancel anytime and your books are yours to keep forever. audible. the most inspiring minds. the most compelling stories. text "listen16" to 500500 to start your free trial today.
12:31 am
shannon: balloons are being prefer the macy's day thanksgiving day parade, 16 giant balloons, 43 smaller balloons. the weather forecast calls for
12:32 am
temperatures in the low 20s, sustained winds so they have to monitor the parade route in case they have to fly to lower out to tutor or not at all. what is being called a foreign-policy win for the trump administration a south korean official succeeded a russian general the race for the presidency of interpol. more on what it means. >> reporter: this came as a big surprise. russia's veteran of russian security services was favored to win and leave the world's largest international police organization. a bipartisan group of us senators wrote a letter encouraging the trump administration and members of the general assembly to oppose, accusing russia, alerts that black suspects are rested around the world to settle political scores and harass opponents, dissidents and journalists. the letter said he was personally involved in intimidation strategy.
12:33 am
kim jong yang secured support from 90 plus member countries a day before the vote came out against kim. the secretary of state encouraged other member states to support him as well. >> a leader with credibility and integrity that reflect one of the world's most critical law enforcement bodies. we believe mister kim will be just that. >> britain lobbied against him as did other european governments. some countries said they would consider leaving interpol if he won. kim secured support from 2 thirds of the interpol agency which we told you about but we will skip that and tell you russia is not disputing the results but they are accusing the us and others of election interference. take a look. >> >> the election was held in an environment of unprecedented
12:34 am
pressure and interference. >> reporter: critic of the kremlin say moscow would have turned interpol into a weapon to track down whoever they want. >> this russian will be acting on instructions of vladimir putin to put his representative in charge of the most important international crime-fighting organization, like putting the mafia in charge. >> reporter: countries like russia, turkey, iran and china have long been accused of trying to use interpol and read notices for nefarious purposes, the last interval president in china, the government said they detained him on bribery charges, his wife said it was political persecution and she thinks he might be dead. this election put all those issues back in the spotlight with some groups calling on interpol to take more steps to strengthen their rules and prevent abuse. >> this is an important story that has flown under the radar for a lot of people, very newsy
12:35 am
day. an american missionary killed after traveling to an island inhabited by an isolated tribe. john allen chow who you see here was killed by an isolated indian island tribe with bows and arrows. it was his mission to go there. 7 fishermen have been arrested for helping the american visit the island where the killing occurred. daily police arrested in egypt and man accused of supporting the islamic state, the 22-year-old suspect is the latest of 300 alleged jihadist sympathizers to be taken out of italy since 2015. hundreds of antiriot police, protesters in venezuela, police dispersed teargas to break up the students rallying at the central university in caracas calling for better conditions at all the nations universities. columbia seeking to ease tensions with a soccer game between colombians and venezuelans ever more than a dozen venezuelan migrants were expelled from the camp after they reportedly looted supplies and clashed with riot police.
12:36 am
much more after the break. ♪ ♪ ♪ ♪ comfort. what we deliver by delivering.
12:37 am
12:38 am
12:39 am
>> shannon: thanksgiving is one of the busiest days of the year for firefighters. national fire protection association does not want you to shannon: thanksgiving is one of the busiest days of the year for firefighters, the national fire protection association does not want you to get hurt deep-fried your turkey. officials warning if you are trying your bird make sure it is completely thawed before you drop it in boiling oil. and up and come are in the
12:40 am
democratic party using profanity to go after donald trump and his decision to stand by saudi arabia despite the murder of jamal khashoggi, being saudi arabia's be word is not america first. the response from republican congressman adam consider and how would you describe your fondness for the charlotte thought asking for 500,000 syrians he murdered including the 50,000 children who gasped their last breath because of him. bringing back the power panel to debate, in washington, opinion editor at the washington times, a busy man, larry o'connor made time for us. okay, i am going to put that out there and let you start us off. >> this ludicrous time in washington dc where you have the nuance of using profanity with
12:41 am
regard to the complicated issue. i know people want things to be black and white. the cia think the saudi government is responsible for jamal khashoggi's murder and are we supposed to cut all ties? we are supposed to force the ouster of their head of state? that works well in libya, didn't it? the fact of the matter this is complicated, we have a very tenuous relationship in that region. iran is involved, oil prices globally are involved. this is a complicated issue and the fact of the matter is the president did put personal sanctions on 17 different saudi nationals suspected of being part of this crime. not dissimilar to what president obama did regarding individual russians involved in illegal annexation of the crimean peninsula. that is the annexation of the peninsula compared to the murder of this one person. neither of those are good, neither of them called for swift
12:42 am
and tony and action. sometimes a commander-in-chief, head of state has to do some complicated maneuvering. shannon: there's bipartisan push back that he should've gone farther in his comments including senator republican lindsey graham, close confident and ally of the president in many things but he thinks there needed to be a tougher line. >> a historic opportunity to tell the people in the middle east there's a new sheriff in town, if you disrespect us, trample over civilized norms you will pay a price. shannon: graham like some others made a distinction between the saudi arabian kingdom and the crown prince suggesting they need to get rid of the crown prince, he can't be the leader and continue the relationship we had. do you think there's any possibility that change happens? >> i hope so. i think lindsey graham and others introduced some legislation to force the
12:43 am
administration to levy sanctions against the crown prince, they need to. this is clearly a murder effort that was by all accounts linked to the crown prince, this is something wrong. right and wrong should not become located by oil prices it is shameful that donald trump looks at it that it is. >> one thing that got him in the most heat were comments that were written, whether he ordered this, maybe he did, maybe he didn't, we may never have an effect to know. the cia has been more specific than that. we have a letter from senators corker and menendez, top republican and democrat on the policy committee saying this to the president, they referenced an october 10th letter they initially sent wanting a determination regarding sanctions, we request your determination specifically address whether crown prince
12:44 am
mohammed bin solomon is responsible for the murder, we expect a determination within 130 days of the original request, this is a bipartisan request to the president to be clear about what you think about the crown prince's involvement. >> one of the things we have to be careful of is the fallacy of the false choice in all of this. we need to have sanctions in terms of the murder and we need to be able to deal with other things in the region like iran and yemen. the real leadership quality for the 21st century is how do you deal with allies and alliances? how do you go against people in certain issues but align with them on others? we see that with russia and china. we are going to compete against them when it comes to freedom, election tampering, copyright infringement and all those things but they are critical allies dealing with north korea. we see the same thing in europe. we will compete on trade and tariffs but we need to align with them on human rights and a host of other things so we have
12:45 am
to be careful of this false choice premise that are politics leads us into. allies and alliances, this is one area where donald trump's ability to be transactional is helpful. he can say i will compete on this or sanction against that will drive a wedge here but i'm going to come together on the things that are in america's best interests. >> this administration has advocated our role as a global leader and now we are abdicating our role as a moral leader. shannon: and what sense there are those who would say on that specific issue others would say they elected this president to do what he has done which is do things like pool out of the paris climate trade agreement, out of the iran nuclear deal which a lot of people have massive questions about. >> $135 trillion -- >> hold on. we can't hear any of you.
12:46 am
gentlemen. gentlemen. kill mike. guys. let's do this one at a time so we can hear from you. isaac will get your time. >> he had plenty of time. you are right. we should down shift on the huber us because like it or not we don't have a great track record in that region forcing the ouster of leaders, do we forget the moral clarity we had in the arab spring that forced qaddafi out and how wonderful that was for libya and our interests? the fact is you are right, this president did not run on the idea that he was going to spread american ideals around the world. you may not like that but he ran on the idea that we are going to enter alliances that are benefiting -- >> make sure i get isaac. >> he didn't have enough to say. shannon: we want to give him
12:47 am
fair time. >> we should be a shining light on hell, we should not put the light under a bushel. we should export the american ideals first and foremost to the globe. shannon: three that needle? >> we have done it historically, we need to do it again. it takes everybody putting aside the fallacy of the false choice. we can do it because compassion, rule of law, all those things are american values and we can thread the needle. shannon: we will have all of you back and have our own summit and figure it all out. in the meantime happy thanksgiving. much like the push to replace brett cavanagh could be the deciding factor on a number of key supreme court cases coming up was fox news at night takes you inside the issues, cases and how brett kavanaugh may rule next.
12:48 am
these folks, they don't have time to go to the post office they have businesses to grow customers to care for lives to get home to they use print discounted postage for any letter any package any time right from your computer all the amazing services of the post office only cheaper
12:49 am
get our special tv offer a 4-week trial plus postage and a digital scale go to and never go to the post office again!
12:50 am
12:51 am
>> shannon: the newest member of the supreme court fresh off the most contentious senate judicial confirmation and history is getting ready for a range of big cases, issues shannon: the newest member of the supreme court fresh off of the most contentious in a judicial confirmation in history is getting ready for range of big cases like immigration, presidential power and religion in the public sphere and could be a deciding vote on many of those cases. just days into his tenure brett kavanaugh hearing his first death penalty case showing concern over the lethal injection method death row inmate faces. >> are you saying even if the method creates gruesome and
12:52 am
brutal pain you can still do it because there is no alternative? any limit on that? >> capital punishment is one of several hot button issues the 114th justice will confront in coming months and he could be the decisive swing vote. >> if you look at the death penalty, abortion, immigration, administrative law questions these are all cases that have split the court on partisan lines. and others a new justice. everyone will be angling for his vote. >> reporter: the most immediate area of concern is immigration. with a half-dozen issues clogging the federal court including the administration of new restriction on illegal immigrant asylum cases including those in migrant caravans in mexico, the justice department lawsuit against california's sanctuary city laws allowing local officials to refuse to work with federal authorities. environment groups trying to
12:53 am
halt border wall construction, efforts to illuminate the daca program for dreamers, immigrants trying to work in the us without fear of deportation. these originating from the ninth circuit which covers california in eight other western states and holding federal judges issuing nationwide injunctions, blocking his immigration agenda not only in their districts across the country. >> of the case his power to mak temporary appointments, especially his acting attorney general. >> matt whitaker is doing a fantastic job. >> the man named to replace jeff sessions never had senate confirmation for top administration posts. critics call that a constitutional violation. now the supreme court is being asked to weigh in. there is urgency since whitaker is overseeing the mueller probe
12:54 am
into alleged russia collusion in the 2016 election and has given no indication he will recuse but some white house supporters are worried brett kavanaugh's conservative colleagues could do to trump what he did to his predecessor, justice thomas, trump's favor justice ruled against president obama's decision to appoint a top official without senate confirmation. president of power of another sort, in february the justices will wait until the controversy over plans to add a citizenship question to the 2020 census. also on the docket whether this war memorial in the shape of a cross violates constitutional separation of church and state. it sits on government land and courts have ordered its removal. could be the first device of social issue brett cavanagh will face testing his conservative credentials. 's approach to these hot button issues may surprise some. >> he will try to establish a reputation out of the gate as a bomb thrower. when people look back on his
12:55 am
first year on the bench they will say this was the right guy at the right time. >> the court will be back in session monday morning for a new round of oral arguments. time for tonight's midnight hero. a 100-year-old world war ii veteran received the highest honor from the french government. william of kentucky was awarded the french legion of honor. in 1944 he was in german occupied france, saved the lives of 14 soldiers after they were bombarded by enemy fire. the consul general of france said without this gentleman my flag would not be standing. as simple as that. our midnight hero, thank you, we are thankful for you and all the men and women serving around the world tonight and every night and families who serve with you. we are grateful for you.
12:56 am
and for you, our viewers, our staff, and teams at fox news at night, thank you for your support, hope you have a fantastic day with family and friends and those you love to bar. most-watched, most grateful you spent the evening with us, good night from washington. i am shannon bream. ♪ ♪ the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet?
12:57 am
12:58 am
12:59 am
even when nothing else is. gopi's found a way to keep her receipts tidy, (brand vo) snap and sort your expenses with quickbooks and find, on average, $4,628 in tax savings. quickbooks. backing you.
1:00 am
rob: thursday, november 22nd and this is "fox and friends first" was a fox news alert, stopped at the door. >> the new plan that could force illegal immigrants to stay in mexico as they try to seek asylum. rob: the thanksgiving day parade kicking off as millions of people set to line the streets of new york city. jillian: will show go on? we are live in manhattan. rob: would you eat turkey flavored ice cream?


info Stream Only

Uploaded by TV Archive on