This is a rush transcript from "On the Record," July 3, 2012. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Tonight: Donald Trump. He is not happy about the Supreme Court's health care decision. How do we know? Well, immediately after the ruling, he tweeted, "The USC" -- meaning United States Supreme Court -- "made a terrible decision today. How can a requirement to buy private health insurance logically be a government tax?"
And Donald Trump wasn't finished with that. He fired off more tweets with extra harsh words directed at Chief Justice John Roberts. He tweeted, "Justice Roberts turned on his principles with absolutely irrational reasoning in order to get loving press from the Washington establishment. He should be ashamed of himself."
Why such tough talk? Donald Trump joins us. Nice to talk to you, Donald.
DONALD TRUMP, TRUMP ORGANIZATION (Via Telephone): Hello, Greta.
VAN SUSTEREN: And I should say you cannot -- you continued today. You posted or tweeted, "Justice Roberts changed his vote in order to make the media happy. He was intimidated by the press."
How do you know that?
TRUMP: Well, it's what I've heard. It's what I'm hearing from the press. It's what I'm hearing from some of your brethren that cover the Supreme Court. And supposedly, a month ago, he was all set to go, and then all of a sudden, he changed his mind.
And frankly, Greta, I was watching and I was watching the kind of horrible press the so-called conservative judges were getting. And I said, You know, I wouldn't be surprised if one of them -- and I sort of thought in terms of Roberts, but one of them -- changed just to curry good favor with the press. And that's what happened.
He was totally against -- his decision made no sense whatsoever. It wasn't even rational. And you know, it's come back to haunt him a little bit. Two things have happened. Number one, the decision itself is not a respected decision even by his opponents because they can't believe he did it. And so that level of respect that he was seeking I don't think he got.
And of course, the good news for Mitt Romney -- I think this could really be a huge positive. I've never seen the Republicans so energized as they have been over the last four days.
VAN SUSTEREN: You know, for me, Donald, it's a little tough to think that a Supreme Court justice would go outside the record and be weak-kneed and be influenced by the crowd, essentially. So it's very -- you know, it's very troubling when I hear that. And I know that everyone seems to believe that and I know people are pointing to irregularities in the decision.
But you know, I certainly think that is -- if that's true, it certainly is a terrible destabilizing for our judicial system and for our system of government.
TRUMP: Well, Justice Roberts is a smart man and a smart man could not have made this decision because you look at his decision, it's just fraught with ambiguities and inconsistencies and it doesn't make sense. He knows it doesn't make sense. He grasped at the tax concept so that he could justify it.
But I have no doubt that he read that unbelievable barrage of -- I was actually saying to myself, I said to other people, You know, somebody is going to come out and do something where they're going to support Obama in order to curry favor. And that's what's happened.
But actually, I think it's turning out to be in reverse for him. I think people have lost respect for what he did. And I have no doubt that he was in favor -- look at what happened during the argument. I mean, he was vocal and vocally against. Now, I'm not saying you can predict judges, and you never really know what's going to happen, and sometimes you get some very, very strong statements and then that judge goes against you.
But in this case, everybody knew what was the right thing, and he did the wrong thing. He thought he did the right thing for himself, but I think that's going to turn out to haunt him.
VAN SUSTEREN: Well, what's unprecedented here is that the leaks are coming out of the Supreme Court. We never get leaks out of the Supreme Court.
VAN SUSTEREN: And there seems to be incredible, you know, discontent there and a lot of accusations flying. Assuming the leaks are correct, it does -- you know, it is very -- you know, it's a very -- it's a stain on the court if the court is so vulnerable to outside influence.
Now, it could be that Justice Roberts, Chief Justice Roberts, simply intellectually changed his view, but the press he's getting today is rather painful.
TRUMP: Well, the funny thing is that the leaks are coming from the liberal media. That's the ones that seem to have -- I don't know, you know, I've dealt with press all my life. Some is honest, some is good, some is just horrendous and totally dishonest. So you never know necessarily what to believe.
But the leaks are coming mostly from the liberal side of the media, and it's very interesting what they're saying. But they're basically saying that he was a done deal, and that Kennedy, who should be, by the way, very, very proud of himself for sticking up for his deals and for what's right, maybe even more importantly -- but Kennedy was the one that everybody was concerned about, and he was this way from the beginning. He was strongly opposed from the beginning.
And Roberts changed his tune. And I have no -- look, we're not computers. We're not machines. He decided -- and this has nothing to do with week-kneed. Maybe the opposite, but he decided that he was going to curry favor. And he has! I mean, he's gotten...
VAN SUSTEREN: But his job is not to curry favor. That is simply not his job!
TRUMP: Absolutely. Of course not.
VAN SUSTEREN: His job is to decide -- however the cards fall within the courtroom, within the record that's presented to him, with his intellectual abilities, looking at the Constitution, looking at precedent. But if he's paying attention at all to what is going on outside and listening to the crowd, that's a very different situation.
TRUMP: Greta, his job is to do the right thing and he didn't do the right thing. And that's why they don't have elections and that's why they get -- they're in there for life because they're not supposed to be influenced at all. They're not supposed to -- I guess, in theory, they shouldn't even be reading newspapers.
They should be doing what's right. I have no doubt -- as a human being, I have no doubt that he read the papers and he said, You know what? I'm going to do something that's going to shock people. And man, am I going to be popular in Washington and Georgetown.
VAN SUSTEREN: Do you think he wants to be popular? I mean, that's such a -- I tell you...
VAN SUSTEREN: ... that's so unlike my impression of what the court has been historically. And I guess that's because I'm a lawyer and I -- you know, I have respect for the court system. But to think that a chief justice would be want to, quote, "be popular" with the crowd in Georgetown -- do you really believe that?
TRUMP: Yes, I do. Absolutely. And I think less him than -- you know, I -- I really think that some maybe moreso than others, but in this case, I have no doubt that what the liberal media reported was true. He was totally against and strongly against it. He changed his tune all of a sudden. Kennedy was very angry at him, supposedly not talking.
And what is interesting is for the first time that I've ever watched this -- and I've been watching it all my life -- I see that reporters seem to have access to the Supreme Court. Very interesting. I've never seen inside reporting on the Supreme Court before this.
VAN SUSTEREN: Well, I think it's because the justices, the colleagues are so furious is why I think that we're hearing things. I mean, the leaks are coming not because everything is fine and dandy inside the court. It's because there's great dissension and people are troubled by what went on inside. I think -- I think that's why we're getting leaks.
TRUMP: I think Justice Roberts did a very dishonorable thing. I think what he did was dishonorable because there was no justification for he what did. His decision didn't even make sense. If you read his decision, this is not the decision of a smart man. And frankly, the Kennedy decision was an unbelievably well written, well crafted, and actually angry decision, I suspect angry because of what Roberts did. But it was an angry decision, but it was also a correct decision.
VAN SUSTEREN: Well, I don't -- actually -- you know, Donald, I don't have any problem with the justice, during the course of deliberations and writing opinions, changing his or her mind on how a case should be decided. The only thing that troubles me is if it's outside influence.
TRUMP: That's right.
VAN SUSTEREN: If someone wants to be popular...