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This is a rush transcript from "On the Record," January 15, 2013. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Republican congressman Steve Stockman warning President Obama -- actually, he's threatening to seek impeachment. So why the threat? Congressman Stockman will tell you. He joins us.
Nice to see you, Congressman.
REP. STEVE STOCKMAN, R-TEXAS: Thanks for having me.
VAN SUSTEREN: So tell me, Congressman, why do you want to seek impeachment of this president?
STOCKMAN: Well, as I said in my statement, we want all tools available to use, including that impeachment, but I think the limelight focused on that, but also we talked about lawsuits, stopping the funding. And the reason we're doing this is because we have a president who stepped over the line, has taken his authority.
Most executive orders are really meant for the executive branch. He's using it really for legislative and skipping the Congress. That's a violation of the Constitution. We believe we have grounds, including some very prominent people that -- like Ed Meese thinks we have good standing.
VAN SUSTEREN: OK, so the president's going to make his announcement tomorrow of what he thinks.
VAN SUSTEREN: If he takes -- he can go two routes. He can either work with Congress...
VAN SUSTEREN: And come up with...
STOCKMAN: Which I think is proper.
VAN SUSTEREN: ... some package, which you have no problem with that.
STOCKMAN: No, that's...
VAN SUSTEREN: I mean, you may not -- you may not...
STOCKMAN: ... the way it works.
VAN SUSTEREN: ... vote for or against the package...
VAN SUSTEREN: ... but that's the way you like it done.
VAN SUSTEREN: That's the way it should be done. If he goes -- if he instead elects to do -- make changes or issue executive orders, that's when you're going to step in.
STOCKMAN: I think if he steps over the constitutional line -- he's got 19 -- he said he's going to issue 19 executives orders. If it breaches his authority into legislation which impedes on the Constitution, we have - - you're a lawyer, better than me. But we have the right to take different steps to counter that.
A lot of people are frustrated with Republicans not fighting back, and I for one, it was, too, as I was on the sidelines and I got involved in Congress. I said, Enough is enough, and we need to stand up and fight that. And I said these kind of tools are available to us, and we're going to use every tool possible to fight an administration which wants to abrogate the Constitution!
VAN SUSTEREN: Who's we? I mean, are all the Republicans -- I mean, what's your level of "we" in the House of Representatives? How many Republicans...
STOCKMAN: We got a mouse in your pocket. No, it's - - it's we are the people that are frustrated watching the administration using executive orders to the detriment of the Congress. The Congress is the people's house. We want to see the process continue in a normal way, in which he -- if he believes his bills are good, they should go to the people's house, and then that way, we'll have a right way to determine whether it's a good law.
VAN SUSTEREN: OK, let's -- tomorrow he's going to have his announcement. Let's say hypothetically that he does 19 executive orders, or 18 or 17, whatever. What's the first thing you're going to do tomorrow afternoon?
STOCKMAN: Well, I think we look at the different avenues which I outlined in my piece -- cut funding, sue in court. This is if he violates the Constitution. And if he goes down that road in which we feel, I think there's going to be a lot of people that are going to call for his impeachment, not just me.
VAN SUSTEREN: Are you going to speak to Speaker Boehner?
STOCKMAN: Of course.
VAN SUSTEREN: Has he -- have you said anything to him at all so far?
STOCKMAN: Yes, we have. And I think -- I think they're going to wait to see what Obama does. And I've talked with other of my colleagues on what's going on, and there's a general consensus that if he steps over that line, that something has to be done! You cannot...
VAN SUSTEREN: But -- but that line...
STOCKMAN: He feels like he's Abraham Lincoln. You know, we're not at the Civil War.
VAN SUSTEREN: But that line, as I understand, for you is executive orders on gun control. Is that the line?
STOCKMAN: No, the line is when you cross from administrating executive orders, which deal with his office...
VAN SUSTEREN: OK.
STOCKMAN: ... and pass legislation through executive order.
VAN SUSTEREN: All right, suppose he says that he's going to ban assault weapons with executive order. Does that...
STOCKMAN: He can't do that. That's against the Constitution.
VAN SUSTEREN: OK, so then what...
STOCKMAN: The Constitution is very clear...
VAN SUSTEREN: All right. What exactly -- I'm trying to understand, what would be your first step, if he did that?
STOCKMAN: Well, like I said, I think we outlined multiple avenues. It's -- it's defending the Constitution in any ways we can legally. And that process has many different avenues. And we're willing to take all those processes to defend the Constitution. I think it's the right thing to do.
VAN SUSTEREN: And we is -- do you have any idea how many Republicans are with you on this?
STOCKMAN: Well, I know you're going to be on my side, so that's two of us, I hope.
VAN SUSTEREN: I don't know if I would be on your side. I don't have a -- I don't have a dog in this fight.
STOCKMAN: Well, no, I'm saying that I think when I say "we," I think the American people in particular are frustrated watching this president step over the line again and again! And I think when I say "we" are people, many people like myself, who used to sit home watching him do this, are upset with the way it's going. And I think there's a lot of "we's" out there. I think there's going to be a lot of people that stand up and say, This has gone too far.
VAN SUSTEREN: Well, I guess the question is whether it's the -- it's -- the "we's" are in Congress because the "we's" are in Congress would be the party that would...
STOCKMAN: Well, we'll see. But I think he -- at the same time, we're asking the president to go through the process. If he thinks his bills are good, his law is good, then he should go through Congress, not just issue it. He's not a king!
VAN SUSTEREN: Well, we'll find out tomorrow whether or not he's going to do executive orders or whether or not he may -- he may ultimately seek to work with Congress on it, so it's...
STOCKMAN: And he's even using children! It reminds me of Saddam Hussein would use kids to...
VAN SUSTEREN: Well, I think that's a little bit of a stretch. But anyway, Congressman, always nice to see you, sir.
STOCKMAN: Thank you for having me.
VAN SUSTEREN: Nice to see you.