Jay Sekulow outlines problems with travel ban court ruling

This is a rush transcript from "Hannity," February 9, 2017. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: And this is a Fox News Alert. The U.S. 9th Circuit Court of Appeals -- well, has predictably ruled against the Trump administration by upholding the suspension of the president's temporary travel plan.

Also tonight, we have an important "Opening Monologue" about congressional Republicans and how they need to roll up their sleeves and start to go to work to fill President Trump's promises to you, the American people.  That's coming up.

But first, President Trump is reacting to tonight's ruling by tweeting out, quote, in big letters, "See you in court. The security of our nation is at stake."

Now, President Trump also said this tonight.


PRESIDENT DONALD TRUMP: The security of our country is at stake, and it's a very, very serious situation, So we look forward, as I just said, to seeing them in court. But it's a decision that will win, in my opinion, very easily.

QUESTION: And are you...

TRUMP: And by the way, we won that decision in Boston.


HANNITY: And joining us now with reaction from the American Center for Law and Justice, Jay Sekulow, and the president of Judicial Watch, Tom Fitton, is with us.

Jay, we have both predicting for days now the 9th circuit, the most liberal court of appeals, the most overturned court in the country -- it would act this way. We both felt that the government, the DOJ, did not argue it as effectively as you or I would have argued it. Of course, Attorney General Sessions was not in play in this, but he would be going forward. What's your reaction?

JAY SEKULOW, AMERICAN CENTER FOR LAW AND JUSTICE: Yes. So now we have an attorney general of the United States that has a couple of decisions to make. Number one, the 9th circuit court of appeals decision I think is incorrect as a matter of law, clearly. In fact, they say in their opinion that the TRO may, in fact, have been overbroad. In other words striking down the entire executive order may have been overbroad, but it's not their job to fix it, when actually, that's exactly the job on the 9th circuit court of appeals if the TRO is too broad, is to strike those portions that are overbroad.

And the government did ask for that in the argument as a fallback position, so it could have been done. They did not do it. That's number one.

Number two, they rest the case on two premises. Number one, that the standing, the state's ability to bring the litigation in the first place, rests on the fact that students and university faculty may be impacted by this. And they go into the whole discussion about the government not putting forward evidence of harm.

The reality is, the Somali student at Ohio State University that committed those acts was from Somalia, one of the seven countries of concern that were listed in the executive order. So they were wrong as a matter of fact.

The next thing that's important here is they disregard the White House directive explaining the executive order, which exempted from its effect those with Green Cards or valid visas for entry. And they said, We have no basis upon which we can accept the executive action taken by the White House counsel and the directive. That really doesn't impact this.

Now, there's two ways to fix that. You know what the president could do, Sean, tonight? Issue a new executive order, put in those exemptions and put it in place tomorrow and make the states relitigate this at the 9th circuit. Would they lose? Yes. But it clears up any confusion, and up to the Supreme Court you go, where you win 8 to zero.

HANNITY: You know, Tom, let's talk about the president. He has the constitutional statutory ability do what he did here. And is this a case where you believe the left went judge shopping by going to Seattle, knowing that any appeal would go to the 9th circuit, the most liberal court in the country, appeals court in the country, for the very purpose of undermining the agenda?

In other words, is there a partnership among judicial activists and those liberal activists that want to stop Trump's agenda?

TOM FITTON, JUDICIAL WATCH: Well, to be clear, the leftist infrastructure allows them to go judge shopping all at once across the country. This is only one of many legal challenges. Obviously, they had the best chance in a sympathetic -- ideologically sympathetic district out (ph) like in the 9th circuit.

But I think the most troubling aspect to this political decision, Sean, is the attack on the president's status as commander-in-chief. He and the administration has said there is a national security interest here in allowing this executive order to go forward.

And this court has second-guessed that. And that is a power they don't have a right under the Constitution and the president is well within his rights to criticize the courts who act like politicians. No one hired these courts to be commander-in-chief.

And if they want to downplay the threat of terrorism based on their own predilections, their own biases, that's not something they're supposed to do. They've got to defer to the president on this national security matter. The fact...


FITTON: ... is egregious.

HANNITY: Constitutionally, if a president is to be the commander-in-chief.


HANNITY: And we have spent a lot of time on this program, Jay Sekulow, going over the law, 8 USC 1182, by which they predicated this executive action. And it couldn't be any more clear...

FITTON: Which they ignored, by the way, in this opinion really.

HANNITY: They totally ignored...

FITTON: Let me say something else.

HANNITY: Let me put it up on screen...


HANNITY: Hang on one second,

FITTON: ... created a constitutional crisis. They created the constitutional...

HANNITY: Let me read it for our audience...

FITTON: ... crisis here.

HANNITY: ... if I can. "When the president finds that the entry of any aliens or any class of aliens into the United States would be detrimental to the interests of United States, he may by proclamation and for such period as shall -- as he shall deem necessary, suspended the entry of all aliens or any class of aliens as migrants, as" -- I'm sorry -- "immigrants, non-immigrants, or impose on the entry of aliens any restriction he may deem appropriate." This is not...

FITTON: Right.

HANNITY: The law could not be clearer! It's not for a judge to make this decision! They do not have the constitutional authority to do this.

SEKULOW: Well, this is the fundamental problem here -- yes, the fundamental problem here is the district court judge and now the 9th circuit court of appeals, again not shockingly -- has created their own constitutional crisis, a showdown between the president of the United States as commander-in-chief under Article 2 of the Constitution and the statutory authority you just read, and the 9th circuit exercising their judgment instead of the president's. That's not the way the government is structured.

FITTON: And the refugee program is a disaster. It's like playing Russian roulette. We are not vetting the refugees in any serious sense. We rely on the United Nations to do the core vetting...

SEKULOW: Which is a joke.

FITTON: ... and then we run off of their files to figure out whether these people should be here or not. This is a dangerous game the court is playing. I guarantee you the terrorists in those affected countries are going to flood the refugee zone to try to get in here before any courts rule in Trump's favor!

HANNITY: Absolutely! And you know, terrorists may be evil, but they're not stupid. And I've said, fundamentally, what this -- what the whole issue comes down to here, Jay, is the inconvenience of a few non-American citizens versus the willingness to gamble with the lives of the American people. And what the judges have decided here and the Democrats have decided, they're willing to gamble.

SEKULOW: Yes, well, but the 9th circuit has taken upon itself to decide that they are now going to override the president of the United States when the Constitution and the statute are clear. And let -- you've read it multiple times. But there is no question about the statutory authority here.

But let me add one other thing. And I think this is the fundamental aspect of this. This constitutional crisis has been established not by the administration, but rather by the district court and the court of appeals.  But the president can moot that whole issue out tonight by issuing a new executive order meeting this burden and then let them fight it out again.

And that may be one way to resolve this. I trust the attorney general's recommendation and advice on this no matter which way it goes.

HANNITY: Yes, and Tom, you know, let's look at the practical potential consequences here because what they are is if God forbid somebody comes into this country from one of these seven countries, where we know they harbor terrorists, where terrorist training takes place, and even President Obama -- the list actually came from him and his administration.

If God forbid an American is killed -- I am saying what needs to be said here -- they will have blood on their hands. They will be responsible because they are not putting as their top priority the safety and security of the American people. Do you agree with that?

FITTON: I agree. And you don't have to believe President Trump on this.  Believe the appointees of President Obama who over the last two years have repeatedly warned that the refugee program is susceptible to terrorist manipulation. They've warned it specifically about the Syrian program.  They've worried people have already slipped in under the refugee program.  So this is serious.

And by the way -- your listeners and viewers may not know this -- once you're a refugee here in the United States, you're required to seek permanent residency. This is a pathway to citizenship! This is not -- this isn't a temporary refuge. If you're here, you're here forever, practically speaking.

And this is something that we have no way of protecting the American people from in terms of the terrorist threat because the courts right now have allowed -- or are stopping the president from ascertaining whether someone is a terrorist threat from places like Syria...

SEKULOW: Because they're in denial!

FITTON: ... Yemen, and the worst of the worst.

HANNITY: All right, guys...


SEKULOW: Because these courts are in denial of what's really going on in the world right now. The 9th circuit is in denial.

HANNITY: I agree.

SEKULOW: So is the district court judge. They live in a world they wish it was, not the world that it actually is.

FITTON: The nations that...


HANNITY: ... say it in different way. I think it's a pre-9/11 mindset.  That's how dangerous this is.

FITTON: It is.

HANNITY: Guys, stay -- Jay, stay right there. We'll have more with Jay Sekulow after the break. Also, Michelle Malkin will join us, weigh in on tonight's appeals court ruling.

Plus, our "Opening Monologue," a little delayed, that you do not want to miss tonight on how Republicans in Congress need to take President Trump's lead and start working much harder for you, the American people.

And also later tonight, a video Senator Elizabeth Warren does not want you to see. It sheds (ph) her false claims about the now attorney general, Jeff Sessions.

And a protest breaks out in Phoenix over the deportation of a convicted criminal illegal alien.

That and more on this busy news night tonight on "Hannity."



HANNITY: This is a Fox News Alert. The 9th circuit court of appeals has made its ruling by upholding the suspension of President Trump's temporary travel ban.

Also tonight, my "Opening Monologue" on how congressional Republicans -- they need to get moving and on board with President Trump's agenda and start working a lot harder for you, the American people. That's coming up.

But first, back with us, Jay Sekulow with the American Center of Law and Justice. Also joining us now, syndicated columnist Michelle Malkin.

Michelle, first your initial reaction to this very predictable decision by this radical left-wing court, the most overturned, out on the left coast.

MICHELLE MALKIN, CONSERVATIVE COLUMNIST: Appalled, but I'm not surprised.  And the phrase that Justice Scalia talked about, social transformation without representation, is ringing in my mind and ears, and it should across America.

The idea that two liberal states, Minnesota and Washington, could step in on behalf of poor moaning (ph) universities that are inconvenienced because their foreign students can't get into the country somehow trumps President Trump's fundamental duty to protect America? It just shows you that judicial tyranny has run amok, and these men and women in black robes, as Mark Levin, our friend, has warned about for so long need to be reined in.

HANNITY: Well said.

MALKIN: The American people no longer have a voice in immigration. The idea that there's a constitutional right for millions of people, whether they're refugees or short-term visa holders or legal permanent residents, to get into this country, it is destroying the foundations of our country...


MALKIN: ... and our control and our sovereignty!

HANNITY: ... let me go back to you and the president's tonight, which big, bold letters -- "We'll see you in court" -- now, there is an option. I want to talk about going forward. They can go fact finding, go back to the district level court, or they can -- would it be more advantageous for them to go to the U.S. Supreme Court, something we've been talking about? It would first end up in the hands of Anthony Kennedy, and then he would have a number of options. If he does bring it before the entire Supreme Court, then without Neil Gorsuch, it could be a possible 4-4 split and a risk for the administration.


HANNITY: What would you advise?

SEKULOW: Yes. Well, my advice would be twofold. Number one, if you read the opinion, and I have thoroughly, 1182 F (ph) that you keep citing, the statute that gives the president authorities...

HANNITY: They don't even mention it!

SEKULOW: ... in this -- not even discussed. Like it doesn't exist.

HANNITY: Crazy, right?

SEKULOW: So number one, there's a fundamental flaw in the opinion. But to answer the question on what do you do next, if I was advising the president, I would look at two options here. One is, reissue the executive order to exempt out Green Card holders and visas because they're not taking -- the 9th circuit rests its holding on the fact that the White House counsel's directive is not binding. So fix that, if you think you need to.

And then they have to -- moots the case out. They've got to relitigate it.  You would still lose before this 9th circuit court of appeals, but everybody loses that's on the right side in front of the 9th circuit court of appeals, and you end up at the Supreme Court. At that point, I think you win 8 to nothing.

The risk right now if Justice Kennedy gets the petition on the stay, he could -- he would probably refer it to the entire court. A 4-4, as you said, Sean, is a tie. A tie is a loss.

So there's only seven days left in this TRO. They could also submit the record to the trial court and fight it out there.

HANNITY: But also in the interim...

SEKULOW: But I would really look at reissuing this executive order tonight.

HANNITY: Also, in the interim, you could have the possible confirmation of Neil Gorsuch on the court, which may make it less of a risk. Explain why those provisions that you're citing or the slight changes you're discussing you think goes from 4-4 to 8-zero. Why?

SEKULOW: Because the one area that was not clearly set forth -- although it was clear what the intent was -- the courts have said and the president later explained through the White House counsel, was the provision -- and they said it does not apply -- and this came in the directive, not in the order -- that the executive order would not apply to Green Card holders, those with residency -- allowed residency visas.

So that is not in the executive order. That was in a directive. Put it in the directive, put the directive into a new executive order, make it crystal clear it doesn't apply to those -- that small class of individuals, and then the Supreme Court has no choice. It's 1182 F. The statute's clear/. The Constitution's clear.

What the 9th circuit -- as liberal as they are and as wrong as this opinion is, they hold the whole case basically on the fact that they're not taking the White House counsel's directive as valid.


SEKULOW: That's really what they say at the end of this. They acknowledge, by the way, Sean, that the order, the TRO may well be too broad. They're just not going to fix it. So you could get it reversed, but I think maybe clean it up, moot the case out tonight, and you're back in business tomorrow morning.

HANNITY: All right, let me go back to Michelle. Let's look at this from a political vantage point. I have been showing this, the Washington Free Beacon put it out. And what they did is they went down to Florida, where David Brock and top Democratic donors were meeting at a ritzy resort, and they call it Democracy Matters, strategic plan for action.

And basically, this was designed, their words, to kick Donald Trump's ass in the next four years and look at possible ways of defeating Trump through impeachment. But then also, a big part of their strategy is filing lawsuits against the Trump administration.

I think Jay and I both agree, and I'm sure you probably agree, this is a classic case of judge shopping, which is why it started in Seattle, knowing it would go to the 9th circuit. How -- looking at the bigger picture, should the administration be anticipating a lot more of these types of lawsuits being filed, and how should they best handle it?

MALKIN: Well, of course this is how the left operates. And they've been infesting law schools and academia and brewing these activist judges and lawyers in hatcheries for decades now. And so the idea that turning around that Titanic, I mean, that is going to be a decade, if not half-century or century-long process.

And I think this is a wake-up call and a call to arms for all young patriots out there who are trying to figure out what to do in their lives.  We need Constitution-based law students out there to try and claim back that balance. It's been a demographic overwhelming happening there.

But look, it's not just the district-level...

HANNITY: Real quick.

MALKIN: ... courts and lower courts, it's the immigration courts themselves. I mean, and the immigration lawyers' community and the David Brock and George Soros world...

HANNITY: Well, if they don't -- if they don't, Michelle...

MALKIN: ... it is -- there's a -- there's a phrase. It goes like this.  It ain't over until the alien wins! These people never stop!

HANNITY: If they don't cite the law, then -- it's so mind-boggling to me.


HANNITY: But very predictable. Guys, thank you both. I've got to go.

SEKULOW: Thanks, Sean.

HANNITY: When we come back, a very important delayed "Opening Monologue" to the show tonight on how Republicans in Congress need to get to their act together and start working harder for you, the American people.

And also tonight...


TRUMP: Attorney General Jeff Sessions.


TRUMP: Welcome to the White House.


HANNITY: All right, Jeff Sessions finally sworn in as the attorney general despite Democrats using dirty politics to try and derail his confirmation.  We're going play you the tapes that disprove what fake Pocahontas Senator Elizabeth Warren said in her nasty attacks.

Also, we'll check in with Larry Elder, Eric Guster. They're here to weigh in.

And also tonight, last night, protests broke out in Phoenix, Arizona, after an illegal immigrant who's a convicted felon was detained by ICE for deportation.

That and more on this very busy news night straight ahead on "Hannity."


HANNITY: And welcome back to "Hannity." So President Trump -- he's moving very fast to fix the country and keep his promises to you, the American people, while Congressional Republicans seem to be sitting on their hands and doing nothing!

You know what? Enough is enough. It's time for the GOP to get moving and keep up with the speed of Trump! And by the way, that's tonight's, well, delayed "Opening Monologue."

Now, President Trump, he said he'd shake up Washington and actually get things done for once in Washington. Why? By launching a shock and awe campaign against the status quo and against the establishment.

Now, President Trump, he's only been in office for a little over three weeks, and here's a list of what he's accomplished so far:

He ordered federal agencies to ease the burden of ObamaCare.

He's taken action to freeze new impending regulations.

He kept a promise, he withdrew the U.S. from TPP.

He's instituted a federal government hiring freeze.

He's banning U.S. non-government organizations from receiving federal funds to provide abortions abroad.

He has signed five executive actions which advance the Keystone and Dakota Access pipelines.

He's issued executive actions on the construction of a border wall, stripping money from sanctuary cities -- all promises.

He's taken executive action on extreme vetting, as you know.

He's used executive action to rebuild the military.

He's ordered a draft plan in 30 days to defeat ISIS.

He's imposed a five-year lobbying ban for administration officials.

And a big promise, he nominated Judge Neil Gorsuch to the U.S. Supreme Court.

And he's also set up task forces to fight drug cartels, reduce violent crime and prevent attacks against police officers.

In other words, President Trump gets it. He wants to move quickly. He wants to get things done. The question tonight is, where are the Republicans in Congress to help him?

I don't know about you, but I have lived my entire life with a sense of urgency. And by the way, so does every single person that works on this TV show and on my radio show. In all the years that I've been broadcasting, I've only taken a handful of lunches. Who has time for lunch? And it's usually a meeting with my boss. Ninety-nine percent of the time, I eat lunch at my desk. And by the way, so does everybody that works on this show because nobody has time! We're so busy working because we want to put the best show possible on the air every night. That's our job!

And I'm sure for you, the American people, it's the same way, because in the real world, you don't do your job and do it well, you're going to get fired.

So how is it possible that President Trump, he's accomplished so much in such a short amount of time, and his so-called Republican allies in Congress have done nothing? Now, what's worse, well, is now congressional Republicans, they're now saying that a bill to deal with ObamaCare may not be ready until the end of the gear.

And they're also saying instead of repealing and replacing it, many of them are now saying, "Well, we'll repeal and repair" the disastrous health care law. You've got to be kidding me, repair? For nearly eight years, Republicans have been saying they were going to repeal and replace ObamaCare, a solemn promise to you.

And on top of making those promises, Republicans also repeatedly said that if you, the voters, if you give them the White House, the Senate, the House, they would abolish ObamaCare once and for all. Well, guess what?  These spineless, gutless, timid politicians have all three. They have the House, the Senate and the White House! What's their excuse now?

Now, you know what President Trump's plan is. He wants more competition, portability, erasing state lines, health care savings accounts -- and I can recite his agenda, which we've all heard throughout the campaign, since November the 8th, better than these Republicans can! And that's pretty pathetic.

Now, they have had years to come up with a replacement. So you Republicans, why don't you have a consensus plan by this time? You know what? The American people are suffering. They voted for you to fix this disastrous health care system and you should have had a plan in place.

Then there's President Trump's tax plan, for example. Republicans are also dragging their feet on that. They're saying they can't start on the bill until maybe this spring. Really? What the hell is taking you so long? President Trump is ready to act on his promise, and here, for example, is what he said earlier today.


TRUMP: Lowering the overall tax code on American businesses big league, that's coming along very well.  We're way ahead of schedule, I believe, and we're going to be announcing something I would say over the next two or three weeks that will be phenomenal in terms of tax.


HANNITY: You see that? The president is working. He is ready to move quickly and pass his agenda. So why can't Republicans in the House and Senate get on board?

Just like with health care, Trumps tax plan is simple -- lower the income taxes for middle-class Americans, go from seven brackets to three brackets, reduce the corporate tax rate to 15 percent, allow multinational corporations to repatriate trillions of dollars sitting overseas as a low rate of 10 percent so they build factories and manufacturing centers here in America.

Delaying the tax cut, what does that mean? That means the odds of it actually getting passed are going down. And more importantly, it means delaying the much need economic recovery.

Let me remind these inept Republicans what this election was all about: the forgotten and women, the millions of Americans out of work, on food stamps, in poverty who can't afford to buy a home. Delaying these tax cuts means delaying the ability for tens of millions of Americans to fulfill the promise of the American dream. The sooner you write and pass a tax bill means the sooner corporations, companies will be incentivized and have extra money to build those factories in places like Michigan, in places like Ohio and Pennsylvania and Milwaukee and Wisconsin, to create jobs for Americans who desperately wants to get back to work.

The concept is simple, but Republicans, why are you making it so difficult? Tonight it's time to lay a marker in the sand. I'm putting the GOP on notice. No more excuses, no more explanations. Go to work, roll up your sleeves and do your job. There is no excuse for not having a plan to repeal or replace ObamaCare. There's no excuse for not having a tax cut plan. There's no excuse for not having a plan so we become energy independent or a plan to reduce or size and influence of government. You have the House, you have the Senate, you have a president that wants to work, whose moving fast, which is everything you asked the American people for for years.

So it's time to start worrying about yourselves and it's time now to focus on the taxpayer. You know what? It's time for you to forget -- I know we pay for your long lunches and your barbershop and your workout centers.  Roll up your sleeves and go to work like every other American.

We have a president now moving at the speed of light. Congress sitting around, playing that bureaucratic political game while Rome is burning and the country continues its precipitous decline. President Trump is doing everything he can do to keep his promises. This is a monumental opportunity for the country.

So my question is, why can't you members of Congress keep up? I've had it up to here. I've had it with all of you. All talk, no action, politicians, as Donald Trump said during the campaign. If you can't do your job, guess what? Go back to wherever the hell you came from, because the American people are sick and tired of inaction. They voted for change and they want to shake up Washington. Do your job or go home.

And coming up tonight, we have a tape that fake Pocahontas Senator Elizabeth Warren does not want you to see because it disproves the false narrative that she has been saying about Attorney General Jeff Sessions.  Larry Elder, Eric Guster, they will weigh in next.

And also later tonight.


TRUMP: I'm directing the Department of Justice and Homeland Security to undertake all necessary and lawful action to break the back of the criminal cartels.


HANNITY: President Trump cracking down on the drug cartels, and last night protesters took to the streets in Phoenix after an illegal immigrant was detained by ICE for deportation, she was a convicted felon. We'll get a reaction from Lou Dobbs and David Horowitz as we continue on this very busy news night tonight on HANNITY.  



TRUMP: it is with great pride, very great pride, that I say these words to you right now, Attorney General Jeff Sessions.


TRUMP: Welcome to the White House.


HANNITY: Spoon that was President Trump earlier today at the White House during the swearing-in ceremony of Jeff Sessions. He is the attorney general. The left tried to demonize Senator Sessions throughout his entire confirmation process, and they're not letting up. After the Senate confirmed Sessions yesterday, Senator Elizabeth Warren took to Twitter and wrote, quote, "Consider this my warning. We won't be silent. We will speak out, we will persist." And Senator Chuck Schumer had this to say last night.


SEN. CHARLES SCHUMER, D-N.Y., SENATE MINORITY LEADER: When Jeff Sessions was passed it turned my stomach.


HANNITY: Joining us now, nationally syndicated radio talk show hosts with the Salem radio network Larry Elder and trial attorney and political commentator Eric Guster. Eric, I guess maybe we will start with this.  Let's listen to and watch rule 19 be broken by Pocahontas, or fake Pocahontas Senator Warren, take a look.


SEN. ELIZABETH WARREN, D-MASS.: Mr. Sessions has to use the awesome power of his office to chill the free exercise of the vote by black citizens in the district he now seeks to serve as a federal judge. This simply cannot be allowed to happen. Mr. Sessions conduct as U.S. attorney from his politically motivated voting fraud prosecution to his indifference toward criminal violations of civil rights laws indicates that he lacks the temperament, fairness, and judgment to be a federal judge.


HANNITY: Then after rule 19 was invoked by Senate Majority Leader Mitch McConnell, then she said you can't quote Coretta Scott King on the Senate floor? Here's one little problem, here's what Coretta Scott King had said about Jeff Sessions.


UNIDENTIFIED FEMALE: President Martindale, Senator Sessions, Mayor Bright, state chancellor, Jack Hawkins, Jr., Dr. Dorothy Height, Johnny Carr, Juanita Abernathy, to all of the distinguished program participants and guests in this audience today, it's a great honor and privilege for me to join you in celebrating the grand opening of the Rosa Parks Library and Museum.         

(END VIDEO CLIP)        

HANNITY: Larry Elder, I think that says a lot that she was saying it's a great honor and privilege for me to join you in celebrating the grand opening of the Rosa Parks Library Museum, which Jeff Sessions spearheaded.

LARRY ELDER, SALEM RADIO NATIONAL SYNDICATED HOST: Sean, this is a man who when he was a state attorney general in Alabama and then U.S. attorney successfully prosecuted the Klan. He hired the first black council to become chief counsel of the Senate Judiciary Committee, and in 2009 he received a governmental award of excellence from the NAACP. Awkward.

What they're doing of course is playing the race card, because they can't run on the economy under Obama. Between 2010 and 2013, black net worth fell 25 percent. Regarding voter I.D., the majority of blacks want voter I.D. Black parents want vouchers, which is what the Trump administration is talking about.

And when you look at issue after issue, even abortion, black Democrats are more likely to be antiabortion, prolife, than their white counterparts. So the only thing they've got is the race card. Malign the other side, call the other side bigoted, and hope people ignore things like school, crime, safety, and jobs.

HANNITY: Eric, I don't even know how we respond to that. Hang on, look at the list that Larry Elder just told you. And this despicable predictable attack -- racism, sexism, misogyny, xenophobia, homophobia Islamophobia.  If you think it's good to win elections I think it's so far off course, because it's not true what they're saying about Jeff Sessions.

ERIC GUSTER, ATTORNEY: Larry did a wonderful job of deflection, but this is about Senator Sessions, now Attorney General Sessions. Attorney General Sessions was wanting to be a federal judge. That was his confirmation hearing in which Coretta Scott King wrote this letter. That was Elizabeth Warren reading the letters Coretta Scott King Museum. She said I'm pleased to be here. But that does not change the fact that he prosecuted blacks for voting.

HANNITY: Here's what's fascinating. Larry, you tell the facts. You talk about a guy who prosecuted the Klan. You talk about a guy that stood up on numerous occasions for civil rights pioneers and leaders, and it doesn't matter. They'll still smear you. They're still call you a racist.

GUSTER: That's not what I mean, Sean.

ELDER: Sean, that's all they've got, because, again, the reason Donald Trump got a higher percentage of the black vote than John McCain did and Mitt Romney did is he started talking about jobs. He went into the inner city and start talking about schools. Black parents and brown parents living in the inner-city realize that these governmental schools are underperforming and they want out. And Republicans are talking about that.

GUSTER: Let's stay on topic.


HANNITY: Eric, you're smearing, your slander, the besmirchment of the left doesn't work anymore

GUSTER: Now, we're talking about his record.

HANNITY: Coming up next tonight right here on "Hannity."


TRUMP: I'm directing the Department of Justice and Homeland Security to undertake all necessary and lawful action to break the back of the criminal cartels.


HANNITY: President Trump signing an executive order to crack down on drug cartels. Our "Hannity" producers, they did a ride along with the border patrol in Arizona. You get to see firsthand how bad things are. While filming, the agents intercepted 400 pounds of drugs.

Also protests breaking out in Phoenix last night after ICE agents detained an illegal immigrant who was convicted of a felony for deportation. Up next we'll get reaction from the one and only Lou Dobbs on this busy news night.



TRUMP: I'm directing Department of Justice and Homeland Security to undertake all necessary and lawful action to break the back of the criminal cartels that have spread across our nation and are destroying the blood of our youth, and other people, many other people.


HANNITY: That was President Trump earlier today announcing a new executive order that will be used as a tool to crush violent drug smuggling cartels.  President Trump had promised to deport illegal criminal aliens, and last night in Phoenix protesters had blocked federal vans carrying a long time in a legal U.S. resident and a convicted felon who was said to be deported back to her home country of Mexico.

Joining us now with reaction, Fox Business anchor, our good friend Lou Dobbs, and the author of "The Big Agenda, President Trump's Plan to Save America," which is a great book, a great friend of mine, David Horowitz.  Guys, good to see us both.

LOU DOBBS, FOX BUSINESS NETWORK: Good to see you.        


HANNITY: Lou, you've been all over the issue of illegal immigration and you understand business as well as anybody that's on television today.  This is the case of identity theft. I know people who have had their identity stolen. And when it happens, it sometimes takes years to get your good name and reputation back. It takes years to take care of credit cards that were used in your name. It takes years to fight to get your retirement money back or your savings account money back. So this is not a small crime. She didn't respect the sovereignty of the United States, the laws of the United States, and then came here and committed fraud against Americans.

DOBBS: And there's a general acceptance in the community, if you will, of her doing so, because in fact millions of illegal immigrants in the conservative number, call at 1 million, we're talking about a million class six felonies for every fraudulent Social Security card, every fraudulent identification, many of them stolen.

And if this were done by a citizen, if the felony were committed by a U.S. citizen, the consequences would be perhaps even more severe. There would not be discussion about separating this woman from her family. She would be going to prison if she was a U.S. citizen here. She is being deported.  It's quite a remarkable sense of entitlement that has grown up around the issue of illegal immigration which is, of course, breaking the law to enter the country, further breaking the law and committing a felony to defraud the government and create fraudulent identification of any kind.

HANNITY: David, we've been friends for a lot of years. I don't know if a lot of people know background of experience in being a hardcore leftist.  It really dovetails into your book. Everything Trump is doing is being met with this type of reaction, this anger, this fight, this vitriol. So my question to you is how do you deal with this when all you're really doing is enforcing the law, and what is from to do?

HOROWITZ: Just what he's doing. The great thing about Donald Trump, as I describe in my book, which you can just see, is he's not intimidated by the attacks of the left. We're in the midst of one of the big witch hunts of American history. Jeff Sessions, one of the most decent human beings in the Senate, a champion of civil rights, is defamed and slandered as a racist by Elizabeth Warren who is making a career out of character assassination.

We have in this country a large hate America left. And it dovetails with the Democratic Party. It is a party of hate. Trump looked into cameras during the second debate and said you have to understand, Hillary has tremendous hatred in her heart. That was one of the wisest things he said.  He was referring to the basket of deplorables, because the whole Democratic Party looks on people that disagree with it as racist, sexist, homophobes, Islamophones. That's why we can't have a civil discussion in America anymore.

HANNITY: Let me ask both of you this question, though. And I dealt with this in my monologue earlier. He does have a big agenda, David. And he is keeping his promises. And he's moving at the speed, I'll call it the speed of Trump. And Congress is just digging in their heels, and the bureaucracy and the wheels of the bureaucracy don't even move. What is your message to Republicans that can't seem to keep up with what the president is doing?

HOROWITZ: I'm worried about them. They've got to. Look, how refreshing is it, how amazing to have a politician come into office and then work around the clock. The guy gets up at 5:30 in the morning, works till midnight, through the weekends, delivering on his promises. It's not as though he said one thing on the campaign trail the way Obama did and then does a completely different thing when he's in the White House.

HANNITY: Lou, let me get your take on that. One of the things -- you what I complained about politicians for years. And I can't believe after eight years of Obamacare, they don't have a consensus plan to put before the American people, and they say maybe sometime later this year.

DOBBS: We're talking about, as you know, we're talking about a deficiency of leadership in the Republican Party whether it be the House or the Senate. We are coming to terms with that, and I believe that we are seeing on the Senate side some movement. I'm not quite sure what we're seeing from Speaker Ryan.

The fact is if they do not get in line and follow the agenda of President Trump, it will be the greatest missed opportunity. This is a dream come true to have a man of Mr. Trump's values, his leadership, his energy, and his faith in the country and our people. And for him to be frustrated at any level here by his own party would be, to me, criminal. I think that we are going to see things get better steadily, not as fast as any of us would want, but week to week I think the president is making immense progress.

HANNITY: Great point on both of you. I've got to go. But I love the book, by the way, David, "Big Agenda," and I read it over the weekend.  Here's the message to them. Move at the speed of Trump or go home, because you're useless otherwise.

Anyway, thank you both for being with us, appreciate it. And coming up, we have a very important "Question of the Day" as we continue tonight right here on "Hannity."


HANNITY: Time for tonight's "Question of the Day." So do you think the president's temporary travel ban is necessary to help keep you, the American people, safe, not gamble with your life and inconvenience maybe a few people? We'd love to hear from you. Go to Facebook.com/SeanHannity @SeanHannity on Twitter, let us know what you think.

That's all the time we have left this evening. As always, thank you for being with us. We'll see you back here tomorrow night.

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