Sekulow, Bondi talk legality of temporary travel ban; Stephen Miller: Ban is lawful and necessary

This is a rush transcript from "Hannity," February 8, 2017. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: And this is a Fox News Alert. Senator Jeff Sessions has now been confirmed by the U.S. Senate to serve as the attorney general in the Trump administration. Tonight, Jay Sekulow, Pam Bondi will react in just a few moments.

But first, Senator Elizabeth Warren now emerges as the new face of the radical obstructionist protesting alt left Democratic Party, and she appears will to do and to say anything that will hurt President Trump, and of course, sell her new book.

Now, tonight, we will expose who Senator Warren really is, and that is tonight's "Opening Monologue."

And Senator Elizabeth Warren, who has a very controversial past, which we will get to in just a minute, is now taking the lead on attacking and obstructing President Trump.

Now, last night, Warren took to the Senate floor to smear and slander Jeff Sessions. It got so bad that the majority leader, Mitch McConnell, had to invoke rule 19, which states, quote, "No senator in debate shall directly or indirectly by any form of words impute to another center or to other senators any conduct or motive unworthy or unbecoming of a senator."

But of course, Senator Warren didn't stop there. She followed up her Senate floor performance by declaring that Democrats are now the party of opposition. Watch this.


SEN. ELIZABETH WARREN, D-MASS.: The way I see it is that Democrats have the minority in the House, the minority in the Senate, but that does not make us the minority party. We are the party of opposition, and that is our job.


HANNITY: In other words, the party of what, Madonna, Ashley Judd, Occupy Wall Street, Black Lives Matter? Now, this is not the first time that Senator Warren has gone off the deep end, if you will, and into the gutter to score cheap political points.

You may remember when she viciously attacked Donald Trump during a campaign rally. This was with Hillary Clinton. Take a look at this.


WARREN: I got news for you, Donald Trump! Women have had it with guys like you! And nasty women have really had it with guys like you!


WARREN: Get this, Donald. Nasty women are tough. Nasty women are smart. And nasty women vote!


HANNITY: Nasty women -- she sounded just like Ashley Judd. Now, Senator Warren is perfectly willing to throw stones, but tonight, she needs to remember she lives in a glass house, and here's why.

Now, back in 2012, when Elizabeth Warren was first running for Senate, her opponent, then-Senator Scott Brown, exposed she isn't exactly honest in any way about her heritage. That's why Donald Trump gave her the nickname "Pocahontas." Now, according to The Boston Globe, back in 1984, Warren and members her family contributed recipes to a Native American cookbook, where she signed her name Elizabeth Warren, Cherokee.

Then in 1986, Warren listed herself as a, quote, "minority" in the American Associate (ph) of Law Schools' directory of faculty, which is commonly used by recruiters. And then in the early 1990s, she was hired by Harvard as a law professor, and the university actually touted Warren's phony ancestry. And then in 1995, Elizabeth Warren -- she stopped listing herself as a minority after she took a tenured position at Harvard law school.

Of course after being exposed as "fake Pocahontas," she claimed that she didn't know Harvard had used her unconfirmed heritage to appear more diverse. Warren also denied that she ever used her unproven lineage to gain a professional advantage. Instead of coming forward and honest back in 2012 during the height of the controversy, Warren instead lied and said this.


WARREN: As I said, these are my family stories. I have lived in a family that has talked about Native Americans, talked about tribes since I've been a little girl. I still have a picture on my mantel at home, and it's a picture my mother had before that, a picture of my grandfather. And my Aunt Bea has walked by that picture at least 1,000 times, remarked that he -- that her father, my Papaw (ph), had high cheekbones like all of the Indians do because that's how she saw it. And she said, "And your mother got those same great cheekbones, and I didn't." She thought this was the bad deal she had gotten in life.

Being Native American has been part of my story I guess since the day I was born. I don't know any other way to describe it.


HANNITY: High cheekbones? Family stories? Really? Now, that's "fake Pocahontas'" proof that she's a Native American.

Now, the truth is there is zero proof to back up Elizabeth Warren and her life. In fact, the 2012 scandal didn't stop her from writing about these, quote, "family stories" and high cheekbones in her 2014 book.

Now, as you can imagine, the scandal over "fake Pocahontas'" heritage isn't the only stain on her record. Senator Warren is as far left as Democrats come. You might remember back in 2011 when she said this.


WARREN: There is nobody in this country who got rich on his own. Nobody! You build a factory out there, good for you. But I want to be clear. You moved your goods to market on the roads the rest of us paid for. You hired workers the rest of us paid to educate. You were safe in your factory because of police forces and fire forces that the rest of us paid for.


HANNITY: All right, that's pretty amazing, more alt radical left than even Obama.

So my message tonight to Senator Warren and Democrats is simple. If you want to obstruct, you want to slow down the president's agenda and hurt the country, then you will own the suffering of millions of Americans out of work, millions of Americans who are on food stamps, millions of Americans living in poverty -- in other words, all of the Americans that have suffered under your failed leftist ideology the last eight years.

Now, the American people rejected your failed policies. That was back in November. And if you want to be obstructionist, then guess what? They'll do it again in 2018 and then 2020. And by the way, President Trump is not going to roll over. He's going to fight back like he always does.

Here's President Trump talking earlier today about the legal challenge to his temporary travel ban. Take a look.


PRESIDENT DONALD TRUMP: Courts seem to be so political. And it would be so great for our justice system if they would be able to read a statement and do what's right. And that has to do with the security of our country, which is so important. I think it's sad. I think it's a sad day. I think our security is at risk today. And it will be at risk until such time as we are entitled and get what we are entitled to as citizens of this country.


HANNITY: Now, let me be very clear to "fake Pocahontas" and all of her leftist friends. If your obstruction, if your judge shopping results in terrorists gaining entrance to this country, and if Americans are killed, it will be all of you, not President Trump, that have blood on your hands. And it is you who are choosing to gamble with the lives of the American people over the slight inconvenience of a few visitors to this great country of ours.

Here now with reaction from the American Center for Law and Justice, Jay Sekulow, Florida attorney general Pam Bondi. You know, how is it that, Jay, there's always this dishonesty on the left? I don't know why I always feel they tend to get away with it all the time, just like Hillary Clinton, so many lies, in many ways was not called out by the media. Why is there that double standard?

JAY SEKULOW, AMERICAN CENTER FOR LAW AND JUSTICE: Well, it's the same reason you've got these bureaucrats that were in lockstep with the Obama administration. The fact of the matter is that you have an entrenched bureaucracy in government. And you've got an entrenched bureaucracy of sorts in the media. And so there's a double standard. There's two different ways this is viewed.

But at the end of the day, look what happened today, Jeff Sessions is now the attorney general of the United States. We'll get a decision probably tomorrow from the 9th circuit. It'll probably go, as I said, to the Supreme Court. And at the end of the day, the president had the authority to do what he did.

But Sean, I think, as -- we talked about this before. The fact is you got -- the administration is prepared for this now. I think they clearly know what their -- what the stakes are here. And you move forward. But at the end of the day, and I think the reality is that there is a double standard.  That's not changing with an election. There's a double standard.

HANNITY: Yes, that's true.

SEKULOW: We just have to point to what the standard is and give people the real facts of what it is.

In this particular case -- let me say this really quickly. There was no question -- there is no question that the president of the United States had the authority to put that temporary halt in place.

And by the way, I got an e-mail today from a friend of mine who's an immigration lawyers, who helps people come to the United States, who said that in her -- what she's understood is that 100 Syrian refugees were admitted to the United States this week, in the last few days. And by the way, Sean, the vetting was done by the United Nations. She put in bold letters to me, Not good.

HANNITY: The United Nations? All right, that is a form of insanity. I tend to agree with you -- look, but the obstructionism did impact what has happened in this court case. For example, Pam, I think Jay and I both agree that the full-time employee that argued on behalf of the administration last night, had it been Jeff Sessions or one of his people, it would have been argued in a far more effective way. So that being the case, knowing that the 9th circuit is overturned more often than any other appeals court, what happens next from your perspective?

PAM BONDI, R-FLORIDA ATTORNEY GENERAL: Well, certainly, it's -- we know it's going to go to the United States Supreme Court. The timeline, we don't know yet. But you know, as Jay just said, I don't think it takes more than a second-year law student to read U.S. section 1182 and understand the president has full authority to do exactly what he did. And President Trump is going to continue to do that.

But he's going to abide by the court's decision even though we all disagree with it. We respectfully disagree with it. We've heard the questions that have been asked by this appellate court to the Justice Department's lawyer.  And you know, we -- we -- I think we all anticipate it's going to end up in the United States Supreme Court.

And as you said, you know what? Shame on the liberal politicians because...

HANNITY: But you know...

BONDI: ... they're the ones who are afraid to call terrorism by name, and we have a president who's unafraid to call it out by name and protect our country.

HANNITY: I mean, that is such a distinct difference. I mean, when I've been saying to people for the longest period of time here, it really comes down to a very simple, basic issue beyond the law. And that is, are we willing to inconvenience people that have the luxury and the gift that we are giving them to come to our country...


HANNITY: ... maybe some of will be inconvenienced...

BONDI: Right.

HANNITY: ... versus gambling with the lives of the American people. I'm not willing to gamble with the lives of the American people.

As to the statutory justification of the president, let me refer to 1182 which is U.S. Code. And it's very clear. I think a kindergartner could frankly understand it.

BONDI: Right.

HANNITY: "Whenever the president finds the entry of any aliens or class of aliens into the U.S. would be detrimental to the interests of the United States, be may by proclamation and for such period as he shall deem necessary suspend the entry of aliens or any class of aliens as immigrants or non-immigrants or impose on any entry of aliens any restrictions he may deem to be appropriate." Jay...

BONDI: Period!

HANNITY: I mean...

SEKULOW: Yes, well...


SEKULOW: It's rather unremarkable. I mean, you -- look -- of course, and that statute makes perfect sense in light of Article 2 of the United States Constitution.

I'm the grandson of a Russian immigrant. I believe in legal immigration in the United States. My grandfather came here legally. But the fact is, there is no question, no question, that the president has this constitutional authority. If somebody disagrees with the policy -- and by the way, that's what the court was getting into, which they had no business doing. If you disagree with the policy, you know, you can disagree with the policy. But to say that the president doesn't have this constitutional or statutory authority frankly is absurd!


BONDI: Go ahead.

HANNITY: No, you go ahead.

BONDI: And Sean -- Sean (INAUDIBLE) and to follow up on what Jay was saying, legally, you look at the four corners of that document, you look at what that district court said, you don't start asking questions about Rudy Giuliani? That is absurd!

HANNITY: Good point.

BONDI: Talking about news stories is absurd. They want to listen to the news, let them listen to what happened with the 22 med students from Great Britain who left Sudan and went to Syria to join ISIS, Those two countries are on the list. Look what happened in Yemen with the 14 al Qaeda members who were just taken out. That was on the news. But they want to discuss political statements made by Mayor Giuliani? That does not happen in a court of law, nor should it ever.


HANNITY: All right, guys, really well said. I'm not expecting the 9th circuit, which we know is radically left -- they went judge shopping on purpose -- to come back for the administration. But I would expect the Supreme Court and Justice Kennedy to do the right thing.

BONDI: Absolutely.

HANNITY: Guys, good to see you both. Thank you.

And coming up, we have more reaction to the legal battle over President Trump's temporary travel ban. Senior adviser to the president Stephen Miller -- he is next with reaction.

And also coming up tonight...


REP. MAXINE WATERS, D-CALIF.: The fact that he is wrapping his arms around Putin while Putin is continuing to advance into Korea...


HANNITY: Congresswoman Maxine Waters, while trying to attack President Trump, says Putin is invading Korea. And Nancy Pelosi doesn't even know who the president is. The left is truly unhinged. We'll get reaction from Doug Schoen, Charlie Hurt as we continue on this busy news night tonight on "Hannity."



SEAN SPICER, WHITE HOUSE PRESS SECRETARY: (INAUDIBLE) the president has acted 100 percent lawfully to keep people out of this country from seven countries that we did not have the proper information to ensure they were coming into this country with the appropriate means and motives. If at some point, the president doesn't have the power as given to him in law to protect this country, I think that really questions what a slippery slope we're on.


HANNITY: All right, that was White House press secretary Sean Spicer -- that was earlier today -- insisting that President Trump temporary travel ban is completely constitutional, and of course, necessary.

Now, we're still waiting for the decision from the 9th circuit court of appeals regarding that executive order. And earlier today, President Trump took to Twitter to slam the court system, tweeting, quote, "Big increase in our traffic into our country from certain areas, while our people are far more vulnerable as we wait, you know, for watch? It should be an easy decision."

Joining us now with reaction, senior adviser to the president Stephen Miller. Steve, good to see you, my friend.

STEPHEN MILLER, SENIOR ADVISER TO THE PRESIDENT: Hey, good to be back on.  Thanks, Sean.

HANNITY: All right, the fact that this keeps being referred to by the very dishonest media as a Muslim ban, even was brought up by one of the judges in the 9th circuit, and he even by his own estimate said about 85 percent of Muslims worldwide are not impacted -- let me put up on the screen so everybody can see the 43-plus Muslim-majority countries, which is about 90 percent of Muslims worldwide, are not impacted by this.

You know, all of these Muslim majority countries aren't impacted. So the question is, how do you react to the dishonesty, A, in the media, and in the response by these groups before the 9th circuit?

MILLER: Sean, you're right. It is extremely dishonest and is frankly contemptible the way that false statements have been made about the president's lawful, necessary and thoroughly (ph) constitutional action.  You've done a great job, Sean, in putting the statute up on the screen for everyone to see clear (ph), 212F 8USC 1182. This is the apex of presidential power, delegated to the president by Congress and by the Constitution to suspend the entry of aliens into the United States.

Let's be very clear about this fact. No alien in a foreign land has a right to demand entry into the United States of America. They can never have such a right! Rights adhere to people living inside the United States of America, period!

HANNITY: And politicians, Stephen, should not have the right to gamble with the lives of Americans for the convenience or lack of inconvenience for those that we are generously, I would argue, allowing to visit this country.


MILLER: That's such a great point. We admit 80 million people a year into our country as travelers every single year through airports, land ports, seaports. The idea that even modest sensible restrictions can't be put in place to protect the safety and security of the American people defies description, Sean! It's just as simple as that.

I can give you an example after example chapter and verse of individuals admitted into our country who went on to commit or attempt to commit heinous acts of terror, including many individuals implicated in terrorism -- many individuals implicated in terrorism or terrorist-related activities from these seven countries, Sean!

HANNITY: Well, I actually have a list -- I don't have the final total, but I think it's about 70 foreign nationals implicated in terrorism from the seven identified as -- in the executive order. Now, the question I think here, Stephen, is very important because the judge in this case, the original Seattle judge, actually stated that he didn't know of any examples since 9/11 where that, in fact, had happened. So again, it's a case of judicial activism. But more importantly, he rendered a decision based on things that we know that are provably false.

How many people have you been able to add up that were implicated, foreign nationals, in terror activity in the United States from those seven countries?

MILLER: Well, we're working on putting together that list -- a final list right now. The list is growing. It's are large list. It's also important to keep in mind that this intelligence determination was made by the Obama administration in 2015 and 2016, that these countries really moving forward in the future would represent a particular area of security concern.

But Sean, let's just look at the headlines in recent weeks and months.  There was the attack at Ohio State University, the car and knife attack.  We've seen example after example in the Somali refugee program of individuals becoming radicalized and joining terrorist groups, even the examples that you don't see.

The reality is, Sean, is that it is a daily feature of life for law enforcement officials and federal investigators all across this country to be investigating, interdicting and preventing terrorist acts that are on in formation...

HANNITY: You know...

MILLER: ... only being conceived of, could only happen because we let these individuals into our country in the first place! And then American lives are put at danger!

HANNITY: I don't say it lightly that these people that are fighting the inconvenience of people that want to visit us and come into our country -- they are -- they would have blood on their hands if one of these people commits acts of terror.

And I also think when you read the list of countries -- Afghanistan, Albania, Algeria, Azerbaijan, Bahrain, Bangladesh, Brunei, Chad, Egypt, Indonesia, which has the world's largest majority Muslim population of 256.3 Muslims that live in that country, or Kosovo, or Kuwait or Lebanon, Malaysia, Mali or Morocco or Niger or Oman -- and I can keep going -- Qatar, Saudi Arabia, Egypt -- all of these countries, all of them, they're not impacted. And a dishonest media constantly refers to this falsely as either Chuck Todd saying a religious test or a Muslim ban.

MILLER: It's dishonest...

HANNITY: I don't know how you deal with this!

MILLER: It is dishonest. It is false. And it is wrong. And I will also say this because we talked a lot about the issue of judicial activism.  Sean, an unelected judge does not have the right to remake the immigration laws and policies for the entire United States of America.

HANNITY: Well said.

MILLER: This power is vested in the president. This was an issue put before 300 million American citizens, and they voted with their ballots in November to put in place new, tough vetting measures so that we don't end up like we see in parts of France and Germany and Belgium with a permanent problem of radicalism in our country, where it is a regular feature of our lives, where we have to spend hundreds of billions of dollars long-term dealing with the effect of an immigration system that is not properly controlled!

HANNITY: How dare these people be willing to gamble with the lives of the American people? How dare the media lie about it?

Steve Miller, thank you so much for being with us. Appreciate it.

MILLER: Thank you.

HANNITY: And up next tonight on this busy news night here on "Hannity"...


REP. NANCY PELOSI, D-CALIF., MINORITY LEADER: We've seen nothing that we can work -- that I can work with President Bush on, and I'm disappointed because I thought that there might be some interest because of what he said in the campaign.


HANNITY: Can somebody tell Nancy Pelosi George Bush isn't the president anymore? They're losing their minds. Doug Schoen, Charlie Hurt -- they weigh in the next.

And later tonight...


TRUMP: The wall is getting designed right now. A lot of people say, Oh, oh, Trump was only kidding with the wall. I wasn't kidding. I don't kid.


HANNITY: President Trump says the border wall is now being designed.  Tonight, we'll show you footage captured by a "Hannity" producer doing a ride-along with the Border Patrol where he caught spotters trying to help sneak drugs into this country -- this was only one week ago -- as we continue.


HANNITY: And welcome back to "Hannity." Now, as we showed you last night, the left is so upset over Donald Trump's presidency, they can't even make sense when they try to attack him. This is priceless. Here's Congresswomen Maxine Waters and Nancy Pelosi trying their hardest to make the case against the president. Now, pay particularly close attention when Nancy Pelosi thinks Trump is President Bush and the people behind her.  Watch that.


REP. MAXINE WATERS , D-CALIF.: I have not called for the impeachment yet. He's doing it himself. Whether he's talking about his relationship to Putin and the Kremlin, knowing that he is responsible for supplying the bombs that killed innocent children and families in -- yes, in Aleppo, and the fact that he is wrapping his arms around Putin while Putin is continuing to advance into Korea...

PELOSI: We've seen nothing that we can work -- that I can work with President Bush on, and I'm disappointed because I thought that there might be some interest because of what he said in the campaign.


HANNITY: All right, did you see that reaction when Nancy Pelosi said that?  You almost kind of feel sorry for them. Not exactly, but you kind of do.

All right, joining us now with reaction from The Washington Times, Fox News contributor Charlie Hurt, FOX News contributor, Former Clinton pollster Doug Schoen.

Doug, you wrote a great column this week with an admonition to the department. Is this what you're talking about (INAUDIBLE) Elizabeth Warren is what you're talking about or Ashley Judd and Madonna. Who are you talking about specifically?

DOUG SCHOEN, FOX NEWS CONTRIBUTOR: How about all of them? Sean, look, I believe the Democrats need to cooperate with our president, our commander- in-chief, where possible, disagree as the loyal opposition, not engage in the so-called total resistance, vote against every nominee. We've got to govern because to be strong as a nation, we must come together and we must work, all of us together, and we shouldn't marginalize one another, which Mitch McConnell had allowed Elizabeth Warren to speak. I don't think that's constructive. Even though I don't like Elizabeth Warren anymore than you do, Sean, but we need to work together.

HANNITY: By the way, I don't -- look, to a certain point, the Senate has their rules. I think they're a little antiquated, including, by the way, I guess the nuclear option will be used if they try to filibuster...

SCHOEN: I hope they don't.

HANNITY: ... Neil Gorsuch...

SCHOEN: That would be a very bad decision for the Democrats.

HANNITY: But -- well, I think they will. And that's the point, Charlie.  I think what we see here is the heart and soul of the Democratic Party. We see their base taking to their streets, and then we see the politicians -- Chuck Schumer, Elizabeth Warren -- they're all catering to that base.  There's no hope for them to ever do what Doug is suggesting!

CHARLES HURT, FOX NEWS CONTRIBUTOR: Yes, in a lot of ways, the more important schism that we're seeing today is not between Democrats and Republicans, it's between Democrats and their base because we've seen what their base is doing in the streets. And you know, from the beginning, we talked about this for almost two years now, Sean. We've seen this Donald Trump derangement syndrome from Republican. We've seen it from the media. We've seen it from Democrats.

But what we -- I mean, Democrats now -- they've literally gone around the moon and those clips you just showed are just perfect examples of it. And when you have that sort of stuff going on, juxtaposed to that fascinating segment you just had with Stephen Miller where he's talking about the need to control the people that are coming into this country and the need to keep radical Islamic terrorism off of our shores, when you juxtapose those side-by-side, there is no question with the American people are going to go in terms of voting.

HANNITY: You know, Doug, I'll throw this last question at you, because the last eight years you know I read a statistics the entire year last year about how bad the Obama record was. This is it, more people in poverty, on food stamps, out of work, the worst recovery, the lowest home ownership rate, all of those things, these are real people.  That had a big impact on, I believe, the election and the results of the election.

Now, Hillary didn't run on the agenda. She couldn't run on Obama's record.  And I don't see with the next step is except I see the hard left pulling this party even further to the left. Isn't that the exact opposite the direction they need to go?

DOUG SCHOEN, FOX NEWS CONTRIBUTOR: It absolutely is. Sean, I would have, as the loyal opposition, spoke out about the moral equivalence that Donald Trump offered between Vladimir Putin's Russia and the United States. But we don't have a strong national defense as a core value of the Democratic Party. It was left to the Republicans to do it. But your premise is rates. If my party does not move back to the center, they will be consigned to permanent minority status or even obsolescence. That's just a fact.

HANNITY: And I will welcome you to this conservative party any time you're ready.

SCHOEN: Sean, I'm always happy to work with you and be with Charlie. It's a great pleasure.

HANNITY: It's really simple for me. I want my homeland safe and secure.  I want Americans in poverty, on food stamps, out of work, to have jobs.

SCHOEN: Sean, I wanted you to run for president myself. We'd have referred you to Donald Trump.

HANNITY: All right, guys, thank you very much. All right, up next tonight right here on HANNITY.


TRUMP: The wall is getting designed right now. A lot of people say, oh, oh, Trump was only kidding with the wall. I wasn't kidding. I don't kid.


HANNITY: He wasn't kidding about vetting refugees, he wasn't kidding about an originalists on the Supreme Court, and you can hear President Trump right there, the wall is already being designed. Up next, we'll show you exclusive footage shot by one of our producers during a ride along with border patrol. They literally caught last week scouts who were trying to sneak drugs into your country to your kids.

And later, Congresswoman Marsha Blackburn is here along with Congressman Louis Gohmert to talk about the future of ObamaCare. Why don't Republicans have a replacement plan ready? That's all coming up, straight ahead.


TRUMP: The wall is getting designed right now. A lot of people say, oh, oh, Trump was only kidding with the wall. I wasn't kidding. I don't kid.  I don't kid.


TRUMP: I watch this and I say I was kidding. I don't kid. I don't kid about things like that I can tell you. We will have a wall that will be a great while, and it will do a lot of -- it will be a big help. Just ask Israel about walls. Do walls work? Just ask Israel, they work.


HANNITY: We'll call to the great wall not of China, of Trump. But anyway, that was the president earlier today announcing that the border wall is very much in the works. And while the new administration is determined to move ahead with the construction of the wall, Univision anchor and fusion host Jorge Ramos, he wrote an article published yesterday, quote, "I've always publicly acknowledged that the United States gave me opportunities that Mexico, my country of origin did not. But decades after I arrived here, the anti-immigrant rhetoric being turned into policy under Donald Trump has made me realize I just don't recognize this country anymore."

Now, perhaps it's important to understand why President Trump is so adamant about protecting our border, and I hope Jorge Ramos might be watching, because last week we sent a show producer from the HANNITY show to Arizona to do a ride along with the border patrol, one of more than a dozen times we've done this. And on Monday we showed you border patrol agents intercepted 400 pounds of drugs from Mexican drug smugglers. Tonight we have more exclusive footage from that trip to the border. Take a look.


AGENT VINCENT PACO, U.S. BORDER PATROL: This organization set up scouts on the mountain tops on the Mexican side, and what they do is they monitor our activity or patrols, and whenever they see an opportunity to send individuals across, whether it's legal immigrants or drug smugglers, they'll try to attempt to send narcotics or illegal immigrants over the fence. And they do it in a way to where they're just using a cell phone to guide them through the town. We set up in a location like this to where we can monitor. And once we see the guys moving a lot, that's when we know activity could possibly pick up.

Just from where we're standing here, we have three surveillance towers that can pretty much guide agents into any location. You know, they're doing the same thing. So their job is to counter our movement and our job is to counter their movement to make an arrest.

In an area like this in an urban environment, we have seconds to minutes to make an arrest. And our job is to identify where the scouts are at. So what they do is they set up and the start surveying and see how many agents or law enforcement is nearby. And if they see an opportunity, they're going to make an attempt.

UNIDENTIFIED MALE: He's dropping down. He's going behind whiskey six.  He's behind whiskey six. They need somebody to take the road to drop down.  Southside appeared before the trailer is parked south. He's going to him.


UNIDENTIFIED MALE: He's already underneath the trailer.

UNIDENTIFIED MALE: He should be on the north side. He's hiding close.

UNIDENTIFIED MALE: We are here to address all issues along the border, and this is just part of the information that we deal with on a daily basis.


HANNITY: If a wall is there, the drugs don't get into the country. If a wall is there, human trafficking stops. Joining us now with reaction, former Pinal County Arizona Sheriff Paul Babeu and immigration attorney Francisco Hernandez. You know, I want to go back to Jorge Ramos, Francisco, I want to talk about him for a second because he's a class A hypocrite, because in Mexico, you know the truth. You know what Mexico does to illegal immigrants from Central America, El Salvador. They put them in jail.


HANNITY: Thank you. I won't disagree with you, because they put them in jail and then they deport them immediately, and they are not treated humanely. And I went down, as you know, with 12 times to the border, and you were down there one of those times with me. And you gave me a great pair of cowboy boots, and I still wear them.

HERNANDEZ: You still wear them, good.

HANNITY: But you saw when we were there a family illegally enter the country, an El Salvadorian family. I was there. I watched with Rick Perry in an eight year period 642,000 crimes including rape and murder committed against Texans alone by illegal immigrants. So a border solves our problems. Just build it.

HERNANDEZ: You know what? If you want to build it, that's OK. You're going to have to get the money appropriated from Congress. And you know what, it's time to fish or cut bait. Let Congress speak. And then you and I --

HANNITY: They will. And then Mexico will pay us back or we will renegotiate NAFTA. I love the idea.

Sheriff, it's funny to listen to a lot of people and their doubt of Donald Trump. Let me put up on the screen just some of the things that he has done in the three and half weeks he's been the president of the United States. He eased the burdens of Obamacare as he promised. He froze regulations. He took us out of TPP. He instituted a government hiring freeze since he has been in office. No federal funds to countries that are giving abortions abroad. He's advancing the pipeline, the Dakota pipeline and the Keystone pipeline. The border wall, now we know that they are beginning construction, number one, and they're also putting the design together. He's ending sanctuary cities as he promised.

He's also going with an extreme vetting plan, another promise. He's rebuilding the military. He's drafting a plan to defeat ISIS, a five year lobbying ban, and he did nominate an originalist from the list he gave us back in May, Neil Gorsuch, to the Supreme Court. He seems like a guy that has expeditiously keeping promises. Why do people doubt him?

PAUL BABEU, FORMER PINAL COUNTY, ARIZONA SHERIFF: Promises were made and promises are being delivered on right now. Donald Trump is a leader. He's a man of action. He's showing that. It's what we as citizens of this republic has been craving is someone to lead from the front. When they say something, they actually do it. And we want to put, as he's always said, American and our citizens first. And so we will again have a sovereign border that's secured and that's respected. And we will have a wall, knowing that I had helped construct a border fence in California, I've been down in Yuma, seen the effect working with a border patrol when our military it was there. And we reduced illegal immigration by 94 percent.

HANNITY: I was done with you. I saw it.

BABEU: You were here with me, and you know my deputies when I was a sheriff, we had the largest drug bust against the Sinaloa cartel, $3 billion. And people think that it's just marijuana. This is cocaine.  This is meth amphetamine, and it's heroin that's destroying young lives all across our country.

HANNITY: Well said, sheriff, well said.

HERNANDEZ: You could build a wall at 100 feet tall. If there is demand from those drugs, we are buying, we're using it.

BABEU: There is demand.

HANNITY: I've got to tell you this, because I think this is really important. You know what, those that are doubting, all of you never Trumpers out there, none of this, all of the guys at NRO and all you guys at The Weekly Standard, Bret Stephens at The Wall Street Journal, none of this would have happened. You wouldn't have the Supreme Court nominee you have because of people like you. Maybe you should rethink politics as a profession, or writing about it.

HERNANDEZ: Give them a chance to succeed and give him a chance to fail.  We're going to have to legalize 100,000 Mexicans to build the wall.

BABEU: Put your seat belt on. Donald Trump is stepping on the gas.

HANNITY: Buckle up, Trump is stepping on the gas. And that's our next topic, by the way. Thank you, both. President Trump, he's moving at the speed of light. He promised to repeal and replace ObamaCare. What is wrong with Congress? Where is their plan? They've had eight years to buy the consensus plan together. We'll ask Congresswoman Marsha Blackburn and Louie Gohmert what the hell is going on. That's straight ahead.


HANNITY: Welcome back to "Hannity." President Trump is saying he will repeal and replace ObamaCare. So eight years later, what is Congress -- why don't they have a consensus plan? Here with reaction, Tennessee Congresswoman Marsha Blackburn and Texas Congressman Louie Gohmert.

Congresswoman, I'll start with you. You know, I listened to Paul Ryan and he said that we'll have the repeal and replace by the end of the year, and that's our number one priority. I'm like, OK, where's energy independence?  Where is the economic plan? Where's the corporate tax cuts? Where's the middle-class tax cuts? Where's repatriation? You know, how is it eight years into this they don't have a consensus replacement plan? What are they doing there? I don't understand it.

REP. MARSHA BLACKBURN, R-TENN.: Well, Sean, we do know exactly where we're going to head with health care. Quite frankly, going back to the 2010 Blair House summit, the components are there. We're going to look at changing the health insurance components, across state line purchase of health insurance. You've also got the delivery aspect, getting health care to people. And then the third part of this is making certain that there is the reimbursement, looking at new changes that can take place, how you reimburse your physicians and your doctors and your hospitals, looking at bundled payments, innovating for delivery of care, looking at health care informatics, telemedicine. All of those things are there. Part of it we've already passed in the 21st century bill that was done last year.

HANNITY: Louie, President Trump, I agree with him, it's got to be done right. Everybody knows what he talked about during the campaign. We've had since November 8th. We've had nine plans on the table. And the fact that this is taking so long and that this is the top priority and it may happen by the end of the year, what does that mean for tax cuts? What does that mean for --

REP. LOUIE GOHMERT, R-TEXAS: It can't wait until the end of the year.  It's got to be done before summer time. I've seen this play out too many times. And the great thing, Sean, is we're Republicans. We believe in the ingenuity of America. And once we repeal Obamacare, now there's thousands and thousands of navigators that don't have to continue to be employed and hired, thousands of IRS agents don't have to -- that can go to health care.

And we know that there are people that are chronically ill and chronically poor, and we will make sure that they have the opportunity to get to those plans through their states. But we have got to -- once we repeal Obamacare, it opens the door to entrepreneurism and new ways. And 60-year- old single white guys and black guys and Hispanic guys, they don't have to pay for maternity care anymore. But you will see massive numbers of choices once we repeal Obamacare because we believe in the ingenuity of America. The choices will be there.

But let me warn you, if we don't eliminate the ability to health insurance carriers to violate antitrust laws, then there will be big monopolies --  

HANNITY: I want it done right.

BLACKBURN: Absolutely. We do too.

HANNITY: I've got to go, but I'll use this as my opening monologue. Go back and tell these people to get their act together and get moving and keep up with the speed of Trump.

GOHMERT: We've got to get it done immediately.

BLACKBURN: Absolutely.

HANNITY: When we come back, a very important "Question of the Day" straight ahead.


HANNITY: All right, time for our "Question of the Day." Now, the Republicans in Congress, do they need to speed things up, get a sense of urgency? In other words, do they need to keep up with the speed of the president? I think it's time for them to get a good, quick kick in the backside. And that will be tomorrow night's "Opening Monologue." Go to Facebook.com/SeanHannity --

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