Transcript

Sen. Jim Inhofe on Trump's environmental executive order; Rep. McSally talks about Ivanka Trump's White House role

The president signed an executive action that rolls back Obama-era environmental regulations; the former Senate Environment Committee chair speaks out on 'The First 100 Days'

 

This is a rush transcript from "The First 100 Days," March 28, 2017. This copy may not be in its final form and may be updated.

MARTHA MACCALLUM, FOX NEWS ANCHOR: Breaking tonight, President Trump making another major break from the Obama-era taking big steps to dismantle the former president's climate change regulations as this White House vows to bring back jobs and to protect the environment. Watch.

(BEGIN VIDEO CLIP)

DONALD TRUMP, U.S. PRESIDENT: I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job killing regulations.

(END VIDEO CLIP)

MACCALLUM: Good evening everybody. I'm Martha MacCallum. It is day 68 of the first 100 of the Trump presidency and these big moves from the White House made a huge consumer confidence number soaring to new heights as Washington is consumed by a Russian house of cards style drama.

Intelligence Chairman Devin Nunes pledging to continue leading his committee's investigation into Trump campaign in the Russian government as his future becomes a hot topic on Capitol Hill.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I don't trust him. I mean, I think he's a very nice man. I think he is frankly over his head. I think he use very poor judgment.

UNIDENTIFIED MALE: I have great confidence in Devin Nunes and I think that you can count on his integrity and he had come (ph) with that before the press if he makes a mistake and say, "I should have done something different."

UNIDENTIFIED MALE: It is time for Devin Nunes to leave this investigation, let alone lead it, so he should be gone.

UNIDENTIFIED FEMALE: Should Devin Nunes recuse himself from the Russian investigation? And, two, do you know the source of his information?

UNIDENTIFIED MALE: No, no.

(END VIDEO CLIP)

MACCALLUM: So for now, Chairman Nunes says he is not going anywhere and, perhaps more importantly, he will not reveal his sources.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Why not recuse yourself from this investigation?

REP. DEVIN NUNES, R-HOUSE INTELLIGENCE COMMITTEE CHAIRMAN: I still don't know why. If you guys give me a reason to recuse myself I might consider it.

UNIDENTIFIED FEMALE: Will you share your source, reveal your source (inaudible) committee?

NUNES: We will never reveal sources in methods (ph).

UNIDENTIFIED FEMALE: Even to the other members of the committee.

NUNES: No, never.

(END VIDEO CLIP)

MACCALLUM: Still, the Trump administration facing an onslaught of questions over whether they are meddling in this congressional investigation following reports that the White House tried to block a former Obama administration official from testifying before Congress.

Chief Intelligence Correspondent Catherine Herridge picks up the reporting for us live from Washington tonight. Catherine?

CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Well, thank you Martha. The former Deputy Attorney General Sally Yates is not a household name, but it was allege (ph) today at the White House tried to block Yates and her congressional testimony, but the former National Security Adviser Mike Flynn who resigned over his Russia contacts.

This was the one who told the White House in January that there was a conflict between what the White House said and the transcript that showed Flynn discuss sanctions with the Russian ambassador. Today, the White House spokesman said they didn't respond to letters from Yates lawyer because the administration had no objections.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The Washington Post should be ashamed of how handled the stories. It was 100 percent false. The letters that they actually published back up exactly what we're saying. We had no objection going forward. That's it.

(END VIDEO CLIP)

HERRIDGE: Today, the Republican chairman of the Senate Judiciary Committee Chuck Grassley sent this letter pressing the FBI Director James Comey on his deputy, Andrew McCabe, who critics say had a conflict in the Clinton e- mail case because his wife, Jill McCabe, received $700,000 from Virginia Democrats for state Senate race.

Well, the FBI said there was no conflict. Senator Grassley wants to know if McCabe is now deeply involved in the Russia probe, into the Trump team, and whether McCabe requested physical surveillance monitoring or administrative subpoenas known as national security letters to gather information, Martha.

MACCALLUM: Catherine, thank you very much.

Joining us now with more on this, Mollie Hemingway, Fox News Contributor and Senior Editor for The Federalist, William McGurn, Columnist and Editorial Board Member for "The Wall Street Journal, "and Matt Bennett, co- founder of the Third Way and a former Deputy Assistant to President Bill Clinton. Lots to chew over. Welcome to all of you. Good to have you here this evening.

Mollie, let me start with you. These calls now, also from Walter Jones, who is the first Republican in the House to say that he believes that Devin Nunes should step down. What do you think?

MOLLIE HEMINGWAY, FOX NEWS CONTRIBUTOR: Well, you've not just had him as a Republican, but a few others who are known for having a lot of belief and faith in intelligence agencies. They are not so concerned about civil liberties.

What we have here is a pretty big story about intelligence agencies capturing information on private American citizens and widely disseminating that. That is a huge scandal and one that we really need to get to the bottom up.

We have only begun to get some information and it's something that needs to keep going. It's not that surprising that certain people who are really cozy with intelligence agencies are nervous about Devin Nunes being right over target as he is now.

MACCALLUM: Interesting. Bill, let me go to you next. In terms of this hearing that was scheduled, now Nunes says it was never officially scheduled, but Sally Yates was supposed to testify, along with Clapper and Brennan, all from the Obama administration. That one is now not happening and there is going to be a hearing with the FBI Director Comey. They're going to bring him back as well as the director of the NSA.

There's a lot being made that this hearing with Yates was canceled or is postponed or something. Is it a big deal?

WILLIAM MCGURN, COLUMNIST AND EDITORIAL BOARD MEMBER FOR "THE WALL STREET JOURNAL": You know, I don't think that's a big deal. I think what we have, what we have to go back to the substance here, what we have are three narratives about the Russians.

The narrative -- one narrative is a Democratic narrative that from people colluded with the Russians to influence the election, and the Ranking member on the Intelligence Committee.

Adam Schiff has made that claim saying there's more than circumstantial evidence, without giving any evidence and yet there's no attacks on him for doing it. There is the President Trump claim, which he put in his tweet saying that his predecessor had avoid -- had ordered wiretaps on Trump Tower. Chairman Nunes says that that's not true, right?

Then there's a third claim, which is much more modest, which Devin Nunes says that has read documents discussing the intelligence in which these names are revealed and that they may have been caught up incidentally in surveillance.

MACCALLUM: Right.

MCGURN: And that's a question. I think Mollie is right. Likewise, no one interested in the substance here where they're savaging the chairman.
Look, he shouldn't gone to the White House the way he did. He didn't help this case that way. But, again, no one is talking about Congressman Schiff making these --

MACCALLUM: The substance that --

(CROSSTALK)

MCGURN: And, also, Congressman Schiff wants an independent counsel.

MACCALLUM: Right.

MCGURN: An independent commission like an independent counsel is just going to keep the fog over the Trump administration for four years.

MACCALLUM: All right. Matt, let me ask you that. You know, are you concerned about the possibility that people were being surveilled by United States intelligence agencies in an incoming presidential administration. Does that bother you and do you want to get to the bottom of that?

MATT BENNETT, CO-FOUNDER OF THE THIRD WAY: Well, of course, it would bother me if it were true, but what we have so far is just --

MACCALLUM: How do you know it's not true?

BENNETT: Well, we don't know anything because --

MACCALLUM: OK.

BENNETT: -- Chairman Nunes won't tell us what he has or where he got it.
And everything about this is backwards.

This is the chairman of an oversight committee going to the subject of the oversight to tell them what he is found, to get information from them and then report it back to them. We don't understand why he did that.

We don't understand why, unlike all of his predecessors, he didn't share the information with other members of the committee, including the ranking member. We don't know anything about this and that's the problem.

MACCALLUM: Right. You're just acknowledging, though, that if the underlying is true, that is troublesome and it is worth investigating, correct?

BENNETT: Well, Martha, remember, what we know so far is that it's possible that some of these folks were picked up on wiretaps of other people.

MACCALLUM: Right.

BENNETT: That is to say, foreign nationals like Russians, that is perfectly legitimate as long as it was done within the FISA laws.

(CROSSTALK)

MCGURN: Chairman Nunes did say it look lawful. But let say, one of the things we know is that a felony was committed in leaking General Flynn's name out there. We know that and people don't seem interested in this. A lot of the storm about Chairman Nunes is just a distraction, a substance. Look, people talk about Loretta Lynch when she met with President Clinton.

BENNETT: He is wanting the investigation.

MCGURN: She did not recuse herself. This was the attorney general. She did not actually recuse herself from that. So, I think this is a lot of effort not to get answers. Chairman Nunes also says that he seen some reports and he's asked for the documents, the backup documents. We won't know until we see those documents, whether he is right or wrong.

MACCALLUM: Mollie, let's go back to the Sally Yates issue and whether or not she should be allowed to testify. The White House says that they are fine with her testifying. So, should she?

HEMINGWAY: Well, I imagine she will be and I'm sure they are fine in part because a big part of this investigation is about information, how it was leaked. And, again, the only crime that has been alleged regarding any of this, whether it's Russia or the lead campaign is the unmasking and distribution of the name of Mike Flynn. That is the only criminal act that is currently being investigated. Sally Yates might have information on that since she was directly involved with the Flynn issue. I'm sure they want to find out more.

MACCALLUM: Was that a bad move?

HEMINGWAY: Well, I mean, it will bad if it's permanently canceled and they are not going to get to the bottom of what happened there. But, as Nunes has said, he is collecting information. He is aware that the intelligence agencies haven't complied fully as of yet, with all the information he seeks. He might just be seeking more information, which is so much.

People are so all -- agitated about this thing. They need to kind of calm down. Let these investigations take their natural course. Obviously, people are really worried about what Nunes has found, and they probably should be, but we just need to let him continue his investigation.

MACCALLUM: All right, fascinating stuff. Thank you guys. Good to see you all.

BENNETT: Thank you, Martha.

MACCALLUM: So, still ahead tonight on a pack "First 100 Days," Democratic defiance after team Trump make good on a promise to get tough on sanctuary cities. And tonight, a group of mayors from those cities are digging in their heels. Trace Gallagher has the latest before Dana Loesch and Robert Zimmerman take this on when we come back. (Inaudible) innocence and we will show the texts that they say prove it, straight ahead.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I'm not going to get into specific statements, but it is very clear from the investigation that there was no concern on this, whatsoever.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

MACCALLUM: Developing tonight, acts of defiance across the country this evening as the battle between so-called sanctuary cities and the Trump White House continues to range.

Democratic mayors from coast to coast vowing to fight tooth and nail against the DOJ's new promise to halt their federal dollars. Trace Gallagher gives us the latest from our (inaudible) newsroom tonight. Hey, Trace.

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Hey, Martha. The warning issued by Attorney General Jeff Sessions comes with the $4 billion price tag. That's about the amount of money the federal government is vowing to withhold from the cities who refused to work with immigration authorities. That does not include the many billions already doled out that the feds might try to take back.

And according to Immigration and Customs Enforcement, or ICE, 118 cities across the country currently fall under the sanctuary category. New York Mayor Bill De Blasio calls the threat mean-spirited and says if the DOJ, "wants to fight, we'll see them in court." And here are the mayors of Chicago and Philadelphia. Watch.

(BEGIN VIDEO CLIP)

MAYOR RAHM EMANUEL, D-CHICAGO: We're still going to be and always will be a welcoming city, whether you're an immigrant from Poland or Pakistan. If you believe in the American dream, we welcome you to the city of Chicago.

MAYOR JIM KENNEY, D-PHILADELPHIA: We are not going to hold people against their will without charge. That is the Fourth Amendment United States Constitution and I hope that Attorney General Sessions would understand what the Fourth Amendment means (ph).

(END VIDEO CLIP)

GALLAGHER: Seattle Mayor Ed Murray added this, "I'm willing to risk losing every penny of federal funding to stand by our commitment to protect everyone in our community."

The U.S. Attorney General called the opposition from mayors "disheartening," but on balance it should be noted that dozens of cities and states believe that sheltering illegal immigrants who have committed crimes is not an effective way to protect your community.

And they point to families who have recently lost love ones at the hands of illegal immigrants, which is why border cities like Miami and San Diego, boast about working hand-in-hand with ICE.

And the warning by Jeff Sessions is also leading to second thoughts. For example, Providence, Rhode Island has called himself a sanctuary city, but says it is abiding by federal law and should not lose federal funding. Martha.

MACCALLUM: Trace, thank you.

So joining us with more, Dana Loesch, host of Dana on the Blaze T.V. and Robert Zimmerman, Democratic National Committee member and Democratic strategist. Welcome to both of you. Great to you have here.

ROBERT ZIMMERMAN, DEMOCRATIC STRATEGIST: Good to be with you.

DANA LOESCH, THEBLAZE, HOST: Thank you, Martha.

MACCALLUM: Robert, let me start with you. You know, it's somewhat surprising to listen to these mayors talked about sticking up for themselves, not defending the law. I mean, you know, the federal law is on the book. It says that if you detain an illegal you have to let the federal authorities know. That's the law.

ZIMMERMAN: Martha, the premise of this argument is basically -- is false on its face. This is not a Democratic versus Republican discussion. You have -- we are leading law enforcement officials around our country shows from a conservative Texas joining with police officers and liberal San Francisco.

All pointing out that what President Trump and Attorney General Session want to do is go to our cities and tell them they're going to block federal funds that go to police enforcement --

MACCALLUM: If they don't do their job.

ZIMMERMAN: -- police training, police equipment, terrorism surveillance. If they don't turn over individuals who are picked up on traffic tickets, jaywalking, filling out forms government, like driver's license forms incorrectly, and police -- our local police have got to keep their focus on fighting serious crime not engaging --

MACCALLUM: Dana, is this about traffic ticket and jaywalking?

LOESCH: No, this is not about traffic tickets, this is --

ZIMMERMAN: That's all it is.

LOESCH: -- about people who entered the country illegally, which is breaking the law. And furthermore, all of these mayors, and yourself, Robert, I don't recall a single point in history where you guys criticize former President Obama who said this exact same thing one year ago. Nobody had any criticisms when it was Obama's law, but apparently now that Trump has wanting to enforce this, now everybody has their problem?

ZIMMERMAN: But for a very good reason, Dana -- yes, we do.

LOESCH: What's the good reason?

ZIMMERMAN: The good reason is President Obama focus on people committing felonies, people committing serious crimes. President Trump has signed an executive order that broadens the rich so that people can be pick up --

(CROSSTALK)

LOESCH: Like the bill who is raped brutally in Rockville, Maryland?

ZIMMERMAN: That's exactly right. Those are the target. But President Trump is not going after --

(CROSSTALK)

ZIMMERMAN: Let me finish, Dana. You ask me a question.

MACCALLUM: -- and then I'm going to ask you guys a question.

ZIMMERMAN: OK, thank you. Thank you, Martha. Because President Trump is now broadening this order to go after people committing minor civil infractions and he's cutting off law enforcement equipment, terrorism surveillance, and police training that needs our cities vulnerable.

MACCALLUM: I think the point Robert is that there are ramifications and what I think it's lost in this debate is that there are law abiding immigrants and, perhaps, illegal immigrants in these communities who deserve to live in a safe place.

LOESCH: Right. Exactly.

MACCALLUM: So, you know, they want law enforcement to do their job. They don't want drunk driving rapists, thieves who are illegal immigrants in their community.

ZIMMERMAN: Nobody does, Martha.

MACCALLUM: So that is -- that's what we're talking about here. Don't you want to provide a safe place for these people to live?

ZIMMERMAN: But, Martha, the police departments around our country are saying that President Trump's strategy is in fact showing -- creating a very chilling impact on getting leads from the illegal community on gang violence, on domestic violence, on crimes that are being committed, somewhere our best sources --

(CROSSTALK)

MACCALLUM: Let me ask Dana. Do you think that's true Dana? Is that true?

LOESCH: No. I can't believe that at all because I hear the exact opposite. And, further, I do, Robert and I love to know how many times --

(CROSSTALK)

ZIMMERMAN: Well, I'm talking about -- I'm quoting police officers.

MACCALLUM: Let Dana finish.

LOESCH: -- and I know exactly the realities that this has on border states. You are talking about protecting illegal entry. This is a crime. If you do not want to do the time, you don't do the crime. And if you want to receive federal funding, then you need to comply with federal law. It's very easy to understand all of this.

This is our law. It was law under Obama. It is law under Trump and we need to do something to uphold the law so that we can further reduce the crime rate. We don't have any more Kate Steinle. We don't have any more 14-year-old raped in a bathroom like we had in Rockville, Maryland. We don't have any more Jamiel Shaw Jr. who were killed at the start of a promising career that we can prevent further things like this.

(CROSSTALK)

MACCALLUM: Last thought Robert and then we got to go.

ZIMMERMAN: OK. According to our law enforcement, Dana, the way to do this is to make sure that we have -- the way we uphold our law is by making sure we have strong leads from the illegal, from the undocumented community. Also make sure we have strong police protection.

MACCALLUM: All right. Bottom line is we want to make our community safe and we don't want people who are here illegally to be able to carry out the kind of crimes that Dana just mentioned --

ZIMMERMAN: Of course.

MACCALLUM: -- and I think we all agree on that. Thank you guys. Good to have you both here tonight.

ZIMMERMAN: Thank you.

LOESCH: Thank you, Martha.

MACCALLUM: So still ahead tonight, breaking developments from the case that Dana just mentioned, the high school rape case out of Rockville, Maryland, defense lawyers producing new evidence that they say absolves at least one of the alleged perpetrators. We will show you what is just coming to light this evening from Rockville, Maryland. Stay tune for that.

Plus, President Trump doing at 180 from former President Barack Obama's approach to climate change as he uses his pen and that big huge signature of his to put energy regulations in place by the last administration.

Back on the back burn, the White House says it will create jobs by doing this, critics say, it could destroy the planet. Senator Jim Inhofe here to discuss next.

(BEGIN VIDEO CLIP)

TRUMP: Perhaps no single regulation threatens our minor energy workers and companies more than this crashing attack on American industry.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

TRUMP: We are going to continue to expand energy production and we will also create more jobs in infrastructure, trucking and manufacturing. This will allow the EPA to focus on its primary mission of protecting our air and protecting our water. Together, we are going to start a new energy revolution, one that celebrates American production on American soil.

(END VIDEO CLIP)

MACCALLUM: (Inaudible) attention today, but it's a big deal as President Donald Trump talks about taking a big step in rolling back what he says are burdensome regulations slapped on energy producers in the United States.

President using his first visit to the Environmental Protection Agency to sign an executive order that he says will spark on energy revolution and help fulfill his promise of putting coal miners in this country back to work.

Here now to explain what is in that order and what it means for you, Chief National Correspondent Ed Henry.

ED HENRY, FOX NEWS CHIEF NATIONAL CORRESPONDENT: Martha, the key is this is an absolute 180 from former President Barack Obama's approach to climate change. The new executive order rips apart what is known as the Clean Power Plan. This is another campaign promise kept for Donald Trump because last year as a candidate, he vowed to revive the coal industry after Democrat Hillary Clinton blurted out that she wanted to shut coal plants down and wipe out the jobs.

This order list a short-term ban on new coal mining on federal lands and it starts the process of undoing the whole legal framework of a series of policies the Obama administration was using to fight global warming. This president saying such regulations have been crippling the oil and gas industry as well as coal, while Democrats believe it's a giant step backwards.

(BEGIN VIDEO CLIP)

TRUMP: Come on fellows, basically you what this is? You know what it says, right? You're going back to work. You're going back to work.

UNIDENTIFIED MALE: Despite all the rhetoric, this order clearly proves that this administration is not serious about protecting jobs or our environment. Let's be perfectly clear, this executive order will not bring back the coal industry.

And Donald Trump sayings so otherwise is just not true. It's an insult to men and women who voted for him.

(END VIDEO CLIP)

HENRY: The president's move drove the left so badly that CNN Commentator Van Jones actually charge on Twitter that Mr. Trump had signed a "death warrant for planet Earth." The president and his aides scoffed, insisting they can protect the environment and create jobs by finding a better balance on some of those EPA regulations. Martha?

MACCALLUM: All right. Thank you, Ed.

So here now, Oklahoma Senator Jim Inhofe, who formally chair the Senate Environment and Public Works Committee. Senator, good to see you tonight. Thank you for making here.

SEN. JIM INHOFE, R-OKLAHOMA: Nice (inaudible).

MACCALLUM: There is a lot of very strong rhetoric out there tonight. As you might imagine, let's put up headline from the Post that is also surface this evening so folks at home can take a look at that. Here it comes.

Trump puts the planet on a dangerous path. Children studying his presidency will asked, how could anyone have done this? Are they right to be appraise, Senator?

INHOFE: No, not at all. You know, people that lost track of what this is really all about, the Clean Power Plan is what Obama tried to do that you're seeing back in Paris that he was going to do. He said he specifically was going to reduce CO2 emissions by 27 percent by 2030.

Now, Martha, even his own EPA said it can't be done. And one of the directors that he appointed, Lisa Jackson of the EPA said, even if it could be done, it would not reduce CO2 worldwide.

So -- I mean, on top of that, you got the United States Supreme Court that's already weight in on this and has agreed with us, and has agreed with our president that if something that would not work, it could not work.

So, you know, the history is out there. People are always using their scared statements and expect more. But, nonetheless, it's something that wasn't going to work.

MACCALLUM: You know, I watched that moment with the coal miners and the president and I think that's how he want relating to people like those coal miners in that room when we saw he do that on the campaign trail.

We also remember the moment when a coal miner confronted Hillary Clinton in West Virginia, which was a very revealing moment for her campaign as well. But as the Democrat just pointed out in Ed Henry's intro piece there, you have to -- those jobs have to happen.

(AUDIO GAP)

INHOFE: -- is generated, you know, around this machine code (ph) America and it's by fossil fuels in nuclear, then how can you run the machine if you take it all away. And we've been living with that for a long period of time.

MACCALLUM: And a lot of people really felt that the EPA took on, you know, almost the legislative quality under President Obama and that they will went far beyond just being a regulatory group.

But I want to ask you about Scott Pruitt who is the new head of the EPA, because he did something that has some conservatives unhappy, and he basically argued against overturning the 2009 endangerment finding. What is that and what you think about that?

INHOFE: Well, first of all, the person who is in charge to the EPA at that time and her name was Lisa Jackson and she did the endangerment finding right before I left for Copenhagen to make sure they knew that our administration was lying to them.

And right before I left I said, "I have a feeling, once I leave town you're going to have an endangerment finding." She smiled. And I said, "If so, it has to be based on science. What science will you use?" And she said the IPCC.

Now, Martha, it was a matter of days after that that the IPCC was totally discredited through climate gate and I think that that was kind of that. And so, I would disagree if he made the statement he thinks that we should be protecting that.

MACCALLUM: Yeah. It sounds like that they are keeping it for now. It has to do with regulating carbon dioxide and I know that you think that it's, you know, it's a false premise.

He felt it would embroil the administration in too much legal, you know, in long lengthy court battle. So we'll see where that goes, but we're going to keep an eye on that situation.

INHOFE: Yeah.

MACCALLUM: Thank you very much, Senator. Good to see you tonight.

INHOFE: Thank you, Martha.

MACCALLUM: So, tonight, as critic slash out asking how she could possibly be an advocate for working women, we take a deeper dive into first daughter, Ivanka Trump's expanded role inside the west-wing.

Plus, breaking details on the alleged rape at Rockville high school in Maryland, raising new questions about just what happened in that bathroom and the days prior. Attorney David Muir and Eric Guster join us next to debate.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She is absolutely adamant that she did want this to happen, whatsoever, at all.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

MACCALLUM: So, the president making a bit of news. He's at the White House right now in the east room with senators and their spouses. We're going to have the tape play back in just a moment, but he is making a bit of news on health care as well as his attitude about politics, which you may find it interesting, so we're going to bring that to you soon as that comes across. We will hit the play button on that.

In the meantime, there are new developments as new questions tonight in a story that has sparked debate on immigration policies across the country.

You know, the horrific allegations of the rape of a 14-year-old girl at a high school in Rockville, Maryland. The suspects reportedly both illegal immigrants, the father of one of the suspects is now been arrested my ICE for his unlawful entry to the country.

We're also learning new evidence that one defendant's attorney claims that a previous sexual encounter between the defendant and the alleged victim was consensual to that man illegally.

Doug McKelway, live for us in Rockville, Maryland tonight with the breaking news here. Hey, Doug.

DOUG MCKELWAY, FOX NEWS WASHINGTON, D. C. BUREAU: Hey, Martha. And the defense for 17-year-old Jose Montano was going even farther than that, requesting a new bond hearing from the judge noting in that request that this is, "The defendant appears to be actually innocent and should be released and forth with." That request is based upon a text between the defendant Montano and the 14-year-old accuser the day before the rape occurred.

Now, quoting from that defense motion the 14-year-old female accuser texted Montano in which she said "acknowledged that she had already engaged in sexual activity with the defendant, Montano, previously and asked if he had liked what she had done." And second, "The complainant agreed in the text conversation the night before the incident to have sex with defendant, Montano, at Rockville High School the next day during P.E. class."

Now, the prosecution maintains that this is not new information. It's not new evidence. This was all contained in the discovery process that the prosecution handed over to the defense. And the Montgomery County Police Department is adamant that this young girl was indeed raped and that the charges against these two illegal immigrant defendants were -- was proper and that they were charged properly.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She is absolutely adamant that she did not want this to happen, whatsoever, at all. I'm not going to get into specific statements, but it's very clear from the investigation that there was no consent in this, whatsoever.

(END VIDEO CLIP)

MCKELWAY: And last night, just a few hours after Attorney General Jeff Sessions announced that federal grant money will be withheld from sanctuary cities, residents of Rockville packed the tiny council chambers to voice their support for the city's proposed sanctuary ordinance.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Tonight, I brought my passport to prove that I'm a U.S. citizen, but I do not want to have to carry this anywhere to prove that I belong here.

(END VIDEO CLIP)

MCKELWAY: And lastly, ICE announced just yesterday that last Friday it arrested the father of the second rape suspect in the Rockville rape, 18- year-old Henry Sanchez-Milian. Adolfo Sanchez-Reyes, 43 years old of Guatemala was taken into custody after ICE reviewed his immigration records and found that he had been living in the United States unlawfully. Martha, back to you.

MACCALLUM: All right. Doug, thank you very much.

We're going to go to David Muir now, attorney and supporter of President Trump. Eric Guster is an attorney and a political commentator. I just want to let you both know, we are expecting that tape layout of the president at any moment and we're going to have to go to that as soon as that gets underway.

But, David, let me start with you. On the face it, this text messages seem to present a problem for the prosecution, but do they legally?

DAVID MUIR, TRUMP SUPPORTER: No. She's a 14-year-old kid and these kids often do text messages that mean things other that they say or they embellish on effects, Martha. Juries, as far as they are concerned, the only consent it's going to matter is the consent or not lack of consent that was given right before the alleged attack and during the attack.

If that wasn't given, and what does the prosecutor used to make that determination? Injuries to this child, physical trauma, emotional trauma, a detailed blow by blow account of what happened during that event, so that's going to be more powerful.

MACCALLUM: Absolutely. Eric, we're about to go to the president. Just 20 seconds, I want to get your quick thought.

ERIC GUSTER, POLITICAL COMMENTATOR: It depends on what she told the police at that time. Now, she lied and said I never asked for sex, or I never had sex with this boy that (inaudible) credibility. I mean, rape cases are based on credibility in whether or not they are true.

MACCALLUM: -- but this is we get it when we get it and we got to play it directly. So here's the president. He's in the east room tonight meeting with senators and their spouses and we want to play for you what he just said, some interesting comments in there. Let's listen in.

(BEGIN VIDEO CLIP)

TRUMP: Thank you very much. Nobody ever told me that politics was going to be so much fun, but we're doing well. It's doing very well. We'll just had a call, long call from General Mattis and, John, I know was very happy to hear that, but he knows better than anybody we're doing very well in Iraq. Our soldiers are fighting and fighting like never before and the results are very, very good. So, I just wanted to let everyone know.

I have some very special friends in this room. Especially, I must tell you, we have the Republicans, but we even have a couple of Democrats. I said, you know, we had a dinner here about three weeks ago and it was so beautiful.

We have these incredible musicians from the Marine Corps from the army, incredible, actually. And I said, you know, I'd like to do something special. I like to ask the United States Senate with spouses to come in here how good it was. It's just a beautiful evening. And so here we are. And shockingly, it's semi-bipartisan. A lot of people showed up. The people were unexpected, which is a very good thing, which is a very, very good thing.

And I know that we're all going to make a deal on health care. That's such an easy one. So I have no doubt that that's going to happen very quickly. I think it will, actually. I think it's going to happen, because we've all been promising. Democrat, Republican, we've all been promising that to the American people, so I think a lot of good things are going to happen there.

We're going to talk about infrastructure. We're going to talk about fixing up our military, which we really need. There has been a depletion in order to make it so good and so strong in this. I think never been a time where we needed it so much and we are going to be doing a great job and hopefully it will start being bipartisan, because everybody really wants the same thing. We want greatness for this country that we love, so I think we're going to have some very good relationships, right Chuck? I see Chuck. Hello, Chuck. And I really think that will happen.

So, again, enjoy these incredible musicians. They are really something special and I hope we're going to do this many, many times together as a unit. Thank you all for being here. Melania, thank you very much, our vice president. We make the right decision with Pence, right? And, Karen, thank you very much, so nice. Thank you. Thank everybody. Have a good time.

(END VIDEO CLIP)

MACCALLUM: Interesting. Little -- "hello, Chuck," said the president. He and Chuck Schumer have been on the opposite side of a number of things recently, but everybody has gathered at the White House for this special evening.

He said he does believe that they're going to get health care moving. He said he spoke with General Mattis and that things were going well in the intense fight that is ongoing as you now in Iraq, so kind of a lighthearted moment from the president this evening as he addresses senators and their spouses. He said he want to get the whole group together. So, there's that.

And also come up tonight, still ahead this evening, the first daughter back in the headlines as questions intensify over her increasingly large role at the White House and whether she has the bona fides to offer advice to working women. She probably does (inaudible).

Congresswoman Martha McSally held a hearing on that very issue today. She will tell us what she's doing to get women to more pivotal roles and her thoughts on Ivanka Trump's role, straight ahead.

(COMMERCIAL BREAK)

MACCALLUM: President's family from certain members of the media as Ivanka Trump and her husband, Jared Kushner, take on pretty big roles inside the White House. They both have west-wing offices now. The women's magazine Cosmopolitan ran (ph) this headline," Ivanka Trump's White House gig is an insult to working women." Interesting logic there.

And a liberal website Salon writing, "What good is Ivanka Trump," goes on to say, "she's a chip off the old block," then a left-wing T.V. host making this comparison between the Kushners and the sons of brutal dictator, Saddam Hussein. Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (Inaudible) the kinds of how Romanov royal family running the place?

UNIDENTIFIED FEMALE: I don't know.

UNIDENTIFIED MALE: Because let me just say, you know, we can -- I care about everything, but, you know, (inaudible) working for Saddam Hussein. You couldn't go to a restaurant and have eye contact (inaudible) they get and killed. These people are really powerful. Imagine getting to a fight in the office with Jared or Ivanka.

(END VIDEO CLIP)

MACCALLUM: We have that -- let me bring and get a chance to answer the question and get a word (inaudible). Republican Congresswoman Martha McSally is the head of the Women in the 21st Century workforce working group. Good to see you, Congresswoman. Welcome this evening.

REP. MARTH MCSALLY, R-ARIZONA: Thanks for having me on.

MACCALLUM: When you listen to all of that, what goes through your mind?

MCSALLY: Well, what we're focused on in meeting these women in the workforce working group is trying to empower women to achieve their full potential. And so, we look forward to working with Ivanka, with her passion on this issue. Any of those ideas we would have to get through Congress if they literally take an act of Congress.

And so, hey, we're willing to partner with anyone who's got good ideas, specifically on this issue so that women in our communities and our country can meet their full earning power and their full potential to the workplace while they're still having responsibility as caregivers for their children and increasingly parents as well.

MACCALLUM: Yeah. When I was looking at, you know, some of the articles that go with what we just put on the screen -- getting a harder time because she is a woman?

MCSALLY: Well, I'm not sure. I can't figure her experience. I think you should have her on related to that, but I can tell you from the panels that we had today in my own experience, I was in the military for 26 years as a fighter pilot. Women are still, you know, struggling on many fronts. In some cases, there is flat-out bias and discrimination.

In other cases, there's barriers related to flexibility or them going into lower paying career field. There is an actual pay gap, but in many cases it's because of women being more predominately responsible for being a caregiver and having to go in and out of the workforce to meet those responsibilities.

And what we saw today at our hearing, you know, private sector companies, Northrop Grumman, Gap, American Southwest Credit Union, talking about what they are doing as companies to empower women so that they can be fully engaged at work and also meet the responsibilities. And it's good for their company's effectiveness and their bottom line.

MACCALLUM: Thank you very much, Congresswoman Martha McSally. We have a bunch of people sending us tweets, very supportive of your work. I'm very supportive of Ivanka Trump for the most part on these tweets in terms of her role on the White House. So, we'll see if she's able to deliver on what she has promised, because that's what everybody is hoping in terms of, you know, the leadership. So, Martha McSally, thank you very much. Good to have you here today.

So coming up next, Elvis, Sin City and football.

(COMMERCIAL BREAK)

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