Thiessen: US reduced emissions faster without Kyoto treaty

Former member of Bush administration speaks out on 'The Story'


This is a rush transcript from "The Story," June 1, 2017. This copy may not be in its final form and may be updated.

SANDRA SMITH, FOX NEWS CHANNEL ANCHOR: Breaking tonight, President Trump says we are out and the outrage comes pouring in, this is "The Story." I'm a Sandra Smith in for Martha MacCallum this evening. The president's words immediately labeled as a defining address of his presidency, fulfilling a campaign promise and announcing his intention to pull the United States out of the international Paris climate accords. A deal President Trump says stifled American industry, kill jobs, and put Americans at a global disadvantage. Watch.


DONALD TRUMP, UNITED STATES OF AMERICA PRESIDENT: The Paris climate accord is simply the latest example of Washington entering into an agreement that disadvantages the United States to the exclusive benefit of other countries. The rest of the world applauded when we signed the Paris Agreement. They went wild, they were so happy. A cynic would say the obvious reasons for economic competitors and their wish to see us remain in the agreement, is so that we continue to suffer the self-inflicted major economic wounds. I was elected to represent the citizens of Pittsburgh, not Paris.


SMITH: Media reaction was swift, harsh, and at times appears to be apocalyptic. Watch this.


JAKE TAPPER, CNN CHIEF WASHINGTON CORRESPONDENT: This was full, nationalist, America first; damn the rest of the world.

UNIDENTIFIED FEMALE: It's almost like mad-libs for Conservatives - the speech.

UNIDENTIFIED MALE: It was profoundly sad. He, as you pointed out, portrayed a very dark vision for the future of the country.

UNIDENTIFIED MALE: This will be the day that the United States resigned as the leader of the free world; it's nothing short of that.


SMITH: And there were many others like that. One wonders: why the president's decision is prompting shock and surprise when it does exactly what he said he'd do on the campaign trail.


TRUMP: We're going to cancel the Paris climate agreement, and stop - unbelievable. And stop all payments of United States tax dollars to U.N. global warming programs.


SMITH: Joining me now: Marc Thiessen, served as Chief Speechwriter to President George W. Bush and is a Fox News Contributor; and Juan Williams as co-Host of "The Five" and a Fox News political analyst. Juan, Trump says no to this agreement, and you say what?

JUAN WILLIAMS, FOX NEWS POLITICAL ANALYST AND "THE FIVE" CO-HOST: Well, I'm so interested in the way that you put it, Sandra, because - I mean, he also said that he was going to repeal and replace Obamacare, get rid of NAFTA if you recall, he said a lot of things. But I think the reality hit home today, and I think that's why you see the strong reaction that we're getting from the liberal front if you will. I don't necessarily think it's all liberals, but you had a statement from President Obama, you've had statements from that Mayor of Pittsburgh, Democratic Mayor, all saying that they feel that the president has stepped back from a U.S. role as a leader in terms of the fight against the climate change.

SMITH: So, to your point - we heard that from many on the left, we heard that from many in the media as we just showed. Marc, can you explain this outrage and the shock that we're seeing, considering the president promised this on the campaign trail multiple times?

MARC THIESSEN, FOX NEWS CONTRIBUTOR: Yes. So, I served in the Bush administration - when George W. Bush withdrew from the Kyoto treaty on global warming. So, for me, this is kind of like Groundhog Day. I'm experiencing all the same outrage, and all the same predictions of apocalypse and the world is coming to an end and all the rest of it. And you know what happened when George Bush pulled out of the Kyoto treaty? In the next 14 years, we reduced our emissions by 18 percent. We reduced our emissions faster than the European countries that are now criticizing Donald Trump.

Our emissions right now are at 1992 levels. And it's not because of a treaty, it's not because there's some piece of parchment signed in Paris in Kyoto, it's because of the free market economy, innovation, and technology. It's hydraulic tracking; it's all of these clean coal technologies that are reducing out emissions. That is going to continue regardless of this Paris agreement. And by the way, we did it while keeping our energy prices half of those in Europe. We reduced our emissions faster than Europe and kept our - our energy prices half of the European Union average: one-third of Germany, which is increasing its emissions at an amazing rate, so we're doing better than all these people who are criticizing Donald Trump today and will continue regardless of this treaty.

SMITH: Juan, you know, Wilbur Ross was on Fox News a little bit ago, and explained it very well. He said, the president's not against an agreement, this isn't about the science, this is about the economics of this deal, he called it a transfer of wealth. As Marc just detailed, we are way ahead of what these other countries are doing as far as limiting those CO2 emissions, were being asked to do a lot more than others. Look at the 2030 deadline for China - in China, for example.

WILLIAMS: Well, I think the key points to be made here from the other side of the conversation is, go ask G.E., go ask Shell, go ask ExxonMobil, go ask Rex Tillerson, the Secretary of State, go ask Ivanka Trump. I mean, these people all say this is not good for American industry, not good for American jobs. It puts us as at a disadvantage, it allows the Chinese and Europeans to take the initiative inference of innovation signs and industry for renewable fuels.

SMITH: OK. They were absent, by the way, from the rose garden. Marc and I'll give this to you, we are told that Ivanka was not present because of a holiday, a Jewish holiday. But Rex Tillerson, who did say we should have a seat of the table with this, he was in favor of staying in. What does this say about possible division within this White House on this decision?

THIESSEN: It means that the conservative is one, which is great. I mean, that's a good thing for our country. This agreement would have cost the United States $3 trillion and lost GDP, 6.5 million industrial jobs. And you know what it would've done to the global temperatures? It would've reduced global temperatures by 0.17 degrees - I'm sorry, would've changed global temperatures by 0.17 degrees in 85 years; not 1.7 degrees, 0.17 degrees. If I went to your house, Juan, and reduced your thermostat by .17 degrees, you wouldn't even notice, is that worth $3 trillion and a 6.5 million jobs? I don't think so.

WILLIAMS: By Marc - hang on, let me just reply to Marc very quickly, Sandra. I just think, Marc, that's not the issue. And I think it's kind of - because the issue is that it would stop the increase in terms of global climate.

THIESSEN: It would have an effect of 1.7 -

WILLIAMS: No, you're talking about decrease; I'm saying it would stop the increase.

THIESSEN: An effect, temperature effect.

SMITH: Well, clearly - clearly, the temperature here is very high and this is what we're seeing in the media in general as a response to this. And Juan, I want to get your take.

THIESSEN: We don't need a drink and cool it.

SMITH: On some of the headlines that are out there: the Huffington Post, for example. The headline on the Huffington Post right now: "Trump destroyed planet", "Trump dead," is the current headline. "Trump to Planet: Drop Dead," Juan?

WILLIAMS: Well, I think that what you're seeing is the sense that President Trump is withdrawing from concern about rising temperatures. And even here at home, and when we look at the polls, most Americans think that as a result of climate change increasing CO2 gas, these greenhouse gasses, we're going to see the erosion of our beaches, our coastlines. We're going to see-

SMITH: Juan, you're making a point about the science, not about the deal. He's against the deal.

WILLIAMS: Yes. And President Macron of France called in and said, there's no renegotiation, if you think you're the art of the deal guy, we're not renegotiating with you.

THIESSEN: Who cares? Our CO2 emissions are declining.

WILLIAMS: But we're too high, Sandra.

THIESSEN: And then it continues to decline.


SMITH: Thank you. We are, by the way, we are.

WILLIAMS: I hope so.

SMITH: Juan, Mark, thank you. President Trump made clear today; a specific group was top of mind as he made his decision: coal miners.


TRUMP: The agreement doesn't eliminate coal jobs; it just transfers those jobs out of America and the United States. This agreement is less about the climate, and more about other countries gaining a financial advantage over the United States.


SMITH: The very point of anti-climate change efforts bringing on job loss became a sticking point for Hillary Clinton throughout 2016, like when this out of work coal miner asked why Clinton wanted him unemployed.


BO COPLEY, FORMER COAL MINER: I just want to know how you can say you're going to put a lot of coal miners out of jobs and then come in here and tell us how you're going to be our friend. Because those people out there don't see you as a friend.


SMITH: I'm sure you all remember about that. Joining me now, the man you just saw in that clip: former coal miner Bo Copley. Bo, nice to see you!

COPLEY: Thanks for having me, Sandra; it's a pleasure to be on the show again.

SMITH: When you see and hear that clip if you could just tell us what goes through your mind about that moment that so much, had such a big impact in the 2016 election?

COPLEY: Well, obviously, it meant a great deal to me and my family. You know, regardless of what people may think of Hillary Clinton at the time, especially, she was considered one of the most powerful people in the world. And to have an opportunity as a common everyday person to get a sit-down and voice your concerns with someone like that is truly a once-in- a-lifetime kind of opportunity that has obviously changed my life and my family's lives since then.

SMITH: Fast-forward to today, President Trump announcing in the rose garden just a few hours ago that we are pulling out of this Paris climate agreement, something that you had been urging to roll back at those Obama- era environmental regulations. Is this the president following through on his campaign promises?

COPLEY: Well, to us, I believe that it is. I think it speaks volumes to the lengths that he's willing to go to try to hold up to his promises on the campaign trail. You know, these kinds of deals worldwide would be devastating to West Virginia, and to its economy, and to coal miners in general. And for him to say that we're going to back out and possibly renegotiate the way the way they end our end that would benefit us better in the long run. I think it speaks volumes to the links that he's willing to go to stand up for people like me and people like West Virginians who voted for him.

SMITH: Will this improve things in your state, and for your community, and your economy?

COPLEY: Well, we certainly hope so, any kind of sanction that's been put on coal mining and the regulations that have been put in place under the previous administration to - what we feel is to squash out coal. Obviously, anything that can be lifted that can help put our people back to work we view as a good thing. And obviously, this looks back something to us that is going to benefit the coal industry greatly.

SMITH: Bo, all of this has inspired you to run for office; you're going to be running for the Senate in 2018. When you look at President Trump, how would you grade his performance so far, as someone who has supported him from the beginning?

COPLEY: Well, I would say, probably - I would give him a "B," I always want to leave room for improvement. I think some of the situations he's been in, I think he could probably handle with a little more tact than what he does, but then again, I don't think he would be Donald Trump if he didn't handle them the way he's been handling them. I always want to leave room for improvement and to be able to say that he can do a little bit better job.

SMITH: Well, our best to your family. A lot of people don't realize that in that moment, in that exchange with Hillary Clinton during the election season, you slid a picture of your entire family over to her. And you said to her, this is about my family; my hope is in God; that's my future. So, we wish you the best of luck, we understand that you're still out of work, and hopefully, the environment improves for you. Bo Copley, thanks for having us.

COPLEY: Thanks for having me, Sandra. I appreciate it.

SMITH: Coming up, a family farm is banned from a local farmer's market because they won't host a same-sex marriage on their property. The owner and his lawyer are here exclusively on what might be the next big religious freedom fight in this country. Plus, the House Intelligence Committee is one step closer to getting their hands on information about key Obama figures. So, could we see them in front of Congress? That report ahead. And just 24 hours after making news in this past November's election, Hillary Clinton is at it again tonight; we have the highlights of what she just said.


UNIDENTIFIED FEMALE: Remember when our moms would tell us when we were young, if a boy is teasing you, it means he really likes you? Maybe that's what the Republicans are doing?


SMITH: Breaking tonight, just 24 hours after blaming everything and everyone for her loss but herself. Hillary Clinton, is at it again tonight, speaking just a few moments ago in New York and suggesting once again, there were forces outside her control responsible for her defeat.


HILLARY CLINTON, FORMER SECRETARY OF STATE: The more you dig, and the more you understand what we're up against, and taking me out of the equation so that it's not about, OK, what happened to you; it's what happened to us, and how much more alert we need to be as a nation. And obviously, I'm particularly concerned about the role that Russia played. Whatever political party or philosophy you have, you can't be all right with the idea that a foreign adversary was trying to influence the outcome of our election.


SMITH: That speech coming on the heels of a talk she did yesterday where she seemingly blamed everyone but herself for the election loss. For more, we turn to Fox News Chief National Correspondent, Ed Henry, in Washington and more tonight. Ed?

ED HENRY, FOX NEWS CHANNEL CHIEF NATIONAL CORRESPONDENT: Sandra, good to see you. It's gotten so bad that former Trump Campaign Spokesman, Jason Miller, joked: "Raise your hand if Hillary Clinton has not yet blamed you for her loss." I mean, think about it, last month she had another one of these forms where she initially said, look, I take responsibility for the loss but then did anything but. In fact, we've added it up; we've made this special graphic for you about 40 different excuses she has come up with in what we call: the Clinton Blame Game, starting with the FBI, and James Comey, to the Russians, and yes, even Netflix, somehow.

But now the very Democrats who were crying on election night after pouring their hearts and souls into the campaign are irate because she has inexplicably decided to shift some of that blame game too, yes, the Democratic National Committee. Even though, remember, the DNC had actually worked to help her defeat Bernie Sanders much to his chagrin. Watch.


CLINTON: I inherit nothing from the Democratic Party.

UNIDENTIFIED MALE: What you mean nothing?

CLINTON: I mean, it was bankrupt, it was on the verge of insolvency, and its data was mediocre to poor, nonexistent, wrong. I had to inject money into it.


HENRY: Well, DNC officials today were heading back hard saying they were out of money because former President Barack Obama starved them, focusing instead on his own political organization and ahead of that DNC's data operation; deciding to tweet this was "bleeping B.S." And the real problem was that Clinton aides ignored their data showing Michigan, Pennsylvania, and yes, Wisconsin, were very close because the campaign "thought they knew better." Those tweets were later deleted, though, other users saved them.

Another top Democrat told me, "We didn't tell her to hide her Pneumonia; we didn't suggest she insult the core of Trump's face calling them a basket of deplorable. We didn't teach her how to be tone-deaf." Most telling, perhaps, is that even Clinton's former Spokesman, Brian Fallon, who said, yes, her comments were at least authentic, said he would not pylon against the DNC. Sandra.

SMITH: Ed Henry, thank you. Good to see you. Well, here now: Lisa Boothe, a Republican Strategist; and Richard Fowler, a Nationally Syndicated Radio Talk Show Host, both are Fox News Contributors. Lisa-


SMITH: That list of people, and things, and agencies that Hillary Clinton is blaming for her election loss - it's long.

BOOTHE: Well, Sandra, you've got to give her credit because she is pretty creative in coming up with these excuses. Ed said that there are 40 now that she has come up with. But I really think it's just kind of arrogant, which is why she was rejected by her own party in 2008 and the Democratic primary, again with general election voters in 2016. You have to remember, Sandra, Hillary Clinton had everything at her disposal. The DNC rigged the primary in her favor, she outspent President - then-candidate, Donald Trump, by, you know, almost twice as much. There were reports heading into the Election Day a month before that she had five times the amount of the staff as Donald Trump did, so she had everything at her disposal and still managed to lose.

SMITH: And I mean, Richard, Brian Fallon, the Press Secretary for her 2016 Presidential campaign won't even back her up on her slamming of the DNC and its data operation as nonexistent and bankrupt, as you just heard. He said, "I'm not going to join in that."


SMITH: Because it's not helping your party, is it, Richard?

FOWLER: No. Here's the thing, I like Hillary Clinton like the next Democrat, and I voted for her, and I'll admit that, and I regret the fact that Donald Trump is in the White House. With all that being said, she have got to remain quiet, and I think she should take more walks in the woods in Chappaqua and stay away from interviews like this because it only continues to divide our party. What our party should be focusing on now more than ever is having a conversation with our voters, figuring out what they need and coming up with a solution-oriented plan to make sure that we deal with that, right. We need our contract for America, and sadly, we're spending more time talking about Hillary Clinton and how she lost the election. Here's the fact: she lost.

SMITH: And Lisa, for all the problems that Democrats say, Republicans have right now with the Trump administration and the division they say that is there in the Republican Party, it doesn't appear that they have a united front. Particularly, as we hear words like this come out of Hillary Clinton's mouth.

BOOTHE: Yes, absolutely. They're in disarray, and they're in search of a message. Because you have - the Democratic Party has been rejected by historic margins over the past eight years under President Obama. So, there are message - it doesn't matter if it was out of - you know, all of these candidates who were rejected under those eight years. So, I think the party definitely needs to figure out what its direction is. But look, as someone who's worked on campaigns, I also just find her remarks offensive. How rude is it to blame the people who worked countless hours trying to get her elected? Maybe she should have visited Wisconsin once, maybe she should have spent more money in Wisconsin and Michigan in the final weeks heading into the campaigns, then she did pursue one electoral college vote in Omaha, Nebraska, So, it's just - you know, it's so arrogant and it's really wrong to the staffers who worked so hard for her.

SMITH: But to be sure, Richard, she has said on the record, she takes personal responsibility for her election loss. But Richard, let me ask you, as somebody who comes on here representing the Democratic Party, why did she lose the election? What is your message on that?

FOWLER: Well, here's the thing, I think there's some truth to what Lisa's saying here, right? Because I think we spent way too much money in Arizona trying to get those electoral votes, when we should've been firming up our votes in Pennsylvania, in Wisconsin, and in Michigan. I've worked a number of campaigns, I've worked a couple of Presidential and I've got to tell you, what you need more than ever is a message that connects people, and a message that urges them to go to the polls. That's what Barack Obama has-

SMITH: You're still not telling me what it is.

FOWLER: Spoke times. Hillary Clinton didn't have that. And I think moving forward, our message have got to be: we are for everybody, we are an inclusive party that believed - we need to maintain glow for the future generation, and were a party that's not - we're a party about everybody coming together. Raising the minimum wage for working families, were a party about making sure the public education system works for not just the chosen few but everybody, and that's a message that we should be talking about, sadly it's getting clouded by Hillary Clinton pointing her loss. Her loss is blamed on the person: her; she runs her campaign; she lost his election, period.

SMITH: And for the record, President Trump has weighed in on this last night in reaction to her blaming her own party. He tweeted: "Crooked Hillary, now blames everybody but herself-

FOWLER: He should stop tweeting those things.

SMITH: "-refuses to say she was a terrible candidate."

FOWLER: He should stop - I mean, for the benefit of the Democrats, he should stop tweeting.

BOOTHE: We can all agree, she was a horrible candidate.

SMITH: Thank you guys, all right. Still ahead, police now investigating a sickening hate crime involving racial slurs painted across the homes of one of the world's greatest athletes, the emotional reaction of that legendary sports figure coming up. Plus, three government agencies under subpoena tonight for information on potential efforts by the Obama administration to probe Donald Trump, but some of the media brushing it off - all off as "a distraction," we'll show you next.


UNIDENTIFIED MALE: First of all, it's deflection. It's us - look at what they did, the Obama administration.



SMITH: Breaking tonight, a new fallout from those bombshell subpoenas issued by the House Intelligence Committee. The subpoena served to the FBI, CIA, and NSA seeks information on three key Obama-era figures and their roles on unmasking classified information related to the Trump campaign. It's a development that could see those officials brought before Congress, yet the left and some in the media insist this is nothing more than a distraction.


REP. ADAM SCHIFF, D-CALIFORNIA: I think they're, you know, part of the White House' desire to shift attention away from the Russia probe and onto the issue of unmasking.

UNIDENTIFIED FEMALE: The White House clearly does want to make hay out of this idea that the Obama administration may have done something wrong here.

UNIDENTIFIED MALE: This is the problem with a political inquiry, is that politics will be played.

UNIDENTIFIED MALE: First of all, it's deflection. It's us - look at what they did, the Obama administration, it issues the leaks, issues the unmasking.


SMITH: Here with more on that: Fox News Chief Intelligence Correspondent, Catherine Herridge. Hi, Catherine!

CATHERINE HERRIDGE, FOX NEWS CHANNEL CHIEF INTELLIGENCE CORRESPONDENT: Thank you, Sandra. There's more fallout tonight over subpoenas targeting the Obama White House, bringing former National Security Advisor, Susan Rice, who was at the center of Bengasi scandal; former CIA Director, John Brenna; as well as U.N. Ambassador, Samantha Power. House Investigators believe they may have sought the identification of the Trump campaign team and then encoded in intelligence reports for political rather than national security reasons. Congressional source says Democrats were not blindsided but were told in advance by an email and in person the subpoenas for the CIA, FBI, and National Security Agency were ruling out.

And the significant buzz here in Washington tonight about the prospect of former FBI chief James Comey telling his side of the story to a congressional panel one week from today, at issue, will Comey say that President Trump tried to get him to drop his investigation of former national security advisor Michael Flynn who resigned in February. Legal experts say the wild card is whether the Trump White House takes the unusual step of invoking executive privilege to block him at a testimony about their conversations. And the administration may be in a weak position because Mr. Trump has been so public about the Russia case from his tweets to this termination letter for Comey where the president cited their private discussions.


UNINDENTIFIED MALE: I think having a president weigh in on a blow-by-blow every time there's a decision about whether or not a witness gets called or what a witness says it's certainly an unusual way to handle it from an attorney's perspective. I suspect that there's a little bit of indigestion on his legal team about this approach.


HERRIDGE: And tonight the expectation is that there will be more relevant congressional testimony about Russia before Thursday hearing with Comey, and it will focus on intelligence collection and whether lines were crossed by the Obama administration last fall, Sandra.

SMITH: All right, Catherine Herridge, thank you.

HERRIDGE: You're welcome.

SMITH: Joining us now, David Bossie, Trump campaign deputy manager and a Fox News contributor, and Mo Elleithee, former DNC spokesman, he's also a Fox News contributor. David, I'll start with you first, these three subpoenas issued, is this a good step?

DAVID BOSSIE, TRUMP CAMPAIGN DEPUTY MANAGER: It certainly is. I'm very happy that Chairman Nunez has taken this very good step for the American people to find out exactly what crimes were committed under the Obama administration during the unmasking of these people. And I think the American people deserve some answers, and these are really the only crimes that we know of even though the Democrats only want to talk about Russia, Russia, Russia.

SMITH: The Democrats and the media, Mo, they're calling this a distraction. Why not hear what these people have to say?

MO ELLEITHEE, FORMER DNC SPOKESPERSON: Sure, hear what they have to say. I think the way this is playing out though is a little concerning to some Democrats. If you look at the way the senate has been doing everything, the senate intelligence committee, it has been incredibly bipartisan, Democrats and Republicans on the committee working together. Nunes sent these subpoenas out there without even talking to the Democrats on the committee. It's hard to make an argument that this isn't a political move if you're acting all by yourself. Remember, he's already had to recuse himself for his improprieties.

SMITH: I think that story kind of change, and it turn out that they did get a heads up on Tuesday. But David, I'll go to you and just carry on what's Mo is saying here, and do you think Chairman Nunez overstepped his bounds?

BOSSIE: Oh, absolutely not. He said he was going to recuse himself from the Russia investigation. This is nothing to do with the Russian investigation. So he's the chairman of the committee, he's an active chairman, and he told the Democrats, I think, that was misinformation that was reported earlier today that the Democrats didn't know. Chairman Nunez clearly told them. And so, this is an important step for the American people to get to the bottom of the unmasking. This is very troubling for the Trump campaign obviously because these are people -- their names were released, and what the political actions by the CIA director or these ambassadors, whatever they were doing, very untoward.

SMITH: All right. And so, it does appear that the story continues to be -- for Republicans, Mo, unmasking, and for Democrats it's collusion, Russia, Russia, Russia. I want to get to what Nunez tweeted today. He said, quote, seeing a lot of fake news for media elites and others who have no interest in violations of Americans civil liberties via unmasking. You heard an anchor a few minutes ago there, Catherine reports, the White House wants to make hay over this? What about what's going-on on the other side of the aisle, Mo?

ELLEITHEE: Look, there are two issues here that people are talking about. There is whether or not Trump campaign officials or Trump associates -- what the relationships were with the Russians. That is a legitimate investigation in everyone's mind except for the president. The second is this unmasking issue which is a pretty standard intelligence tool that is used by Democratic and Republican administrations alike. Now.

SMITH: I want to get David back in here.


ELLEITHEE: You can talk about the leaking of that, but not the unmasking.

SMITH: David?

BOSSIE: One has facts around it which is the unmasking. There are facts that crimes were committed. The other is all hearsay.

ELLEITHEE: What crimes?

BOSSIE: The crimes of the unmasking these individuals, releasing their names, for.

ELLEITHEE: Those are different things.

SMITH: All right. Let me inject into the conversation what the president is saying. Hold on. Let me bring this in. President Trump tweeted this this morning. He said the big story is the unmasking and surveillance of people that took place during the Obama administration. This is the theme that the president is going to continue on. David, is that a good idea?

BOSSIE: It certainly is. It's certainly an issue that the president can talk about and make the American people understand what the Obama administration was up to, and whether or not President Obama knew, and whether or not Hillary Clinton knew.

SMITH: All right. Thanks to both of you. David and Mo, good to see you.

ELLEITHEE: Thanks for having us.

SMITH: Straight ahead, the shocking video released from Tiger Woods DUI arrest, sport analyst Jim Gray on whether this will do more lasting damage to his career than his back injury. Plus, a religious freedom battle brewing in Michigan, where farmer is suing after being banned from a local farmers' market because of their Christian beliefs, the farm's owner and his attorney join us, next.


UNINDENTIFIED MALE: Never before that I've ever thought that the faith that we have here in our family, and our home, at our farm, would prohibit us from being allowed to participate in the community.



SMITH: A family farm in Michigan finds itself at the center of a battle over religious freedom. Country Mill Farms was band from a local farmers' market following its refusal to hold same-sex weddings, now the farmer is fighting back in court. Trace Gallagher is live in our West Coast newsroom with all the details. Trace?

TRACE GALLAGHER, FOX NEWS: Hi, Sandra. Steve Tennes and his family owns Country Mill Farms, they've been selling apples, blueberries and sweetcorn at the East Lansing Farmers' Market for seven years. They also host weddings on their property. Last August, Mr. Tennes got a Facebook inquiry asking if he consider hosting a same-sex marriage, and he replied that because of his strong religious beliefs, he would refer them to neighboring farms. When East Lansing city officials found out about the post, they recommended that Tennes not attend that weekend farmers' market because there might be protests. Tennes showed up anyway, sold produce, and there were no protesters. But when Country Mill Farm applied for a 2017 permit to sell at the market, the city had amended its civil rights ordinance.
And based on that, Country Mills 2017 permit was denied. So the Tennes family decided to fight back, listen.


UNINDENTIFIED MALE: It's about our freedom. We have children who will have grandchildren. We want them to have the same freedom to be able to not only grow and sell their produce to people of all backgrounds and beliefs, but to do it in accordance with their faith.


GALLAGHER: The conservative group alliance defending freedom has now filed a federal lawsuit on behalf of Country Mill Farms alleging their rights were violated. The Tennes family also points out they serve and employ members of the LGBT community, and the farm where they host weddings is 22 miles outside of East Lansing. The city says the location is irrelevant. Watch.


UNINDENTIFIED MALE: If the same thing were held where they were excluding people because of their race or their religion from purchasing product at their facility in another city, and then wanted to sell at our farmers' market and say but were not discriminating here, that to us is unacceptable.


GALLAGHER: The lawsuit against the city says the changes to the farmers' market policies were targeted specifically at Steve Tennis and his family, Sandra.

SMITH: All right, Trace, thank you. Joining me now is Steve Tennes, who is the owner of Country Mill Farms. Kristen Waggoner is the attorney representing the Tennes family from the Alliance Defending Freedom. All right. So, Steve, can you start off by just telling us what happened first, why was your family band -- your farm I should say banned from selling at this farmers' market?

STEVE TENNES, COUNTRY MILL FARMS OWNER: Well, as you said, it started in August 2016, when we responded to that inquiry about our beliefs and we stated honestly the Catholic teaching on marriage between a man and woman.

SMITH: By the way, that inquiry, Steve, it was just a basic inquiry by anyone? By somebody you didn't know on your Facebook page?

TENNES: It was by somebody we didn't know. It was in response to an event that happened two years prior, almost three years ago where a couple had asked us if we would perform in our backyard in our home, participate in their same-sex ceremony. And at that time, we refer them to a neighboring orchard, and we left that conversation civilly -- again, start from the person who asked the question on Facebook, we responded on Facebook, and that's when immediately the city of East Lansing officials wanted us, pressured us not come back to the farmers' market that very weekend. And ultimately, they developed this new policy specifically to bar our farm.

SMITH: So Kristen you're representing this family farm, what is the case that they have?

KRISTEN WAGGONER, ALLIANCE DEFENDING FREEDOM: Well, it's a violation of their constitutional rights for the city government to force them to give up their ability to make a livelihood and give up their religious beliefs if they don't agree with what the city says. And what's important here is that they serve everyone, it's the city of East Lansing here that is engaging in the discrimination and telling them that they can't serve everyone at that farmers' market.

SMITH: Steve, can you tell me what's at stake here? Obviously, you're saying you're fighting for your family's religious freedoms. What is at stake economically for you as well because you have since stopped performing weddings in general on your property?

TENNES: Well, actually, in December of last year when we realize the city of East Lansing wasn't satisfied that we had temporarily stopped booking future weddings, we ended up -- we are continuing to practice our faith, and we are hosting a wedding ceremony in our backyard at our home orchard. And that's based off our faith, it's our faith that inspired my wife and I to lovingly serve all the people at our farm, and the farmers' market, whether they are employees or customers, we treat everyone with respect, including those of the LGBT community. That is specifically why the city of East Lansing posted last year on their Facebook account, and I quote, we love the Country Mill. We've served everyone, we always open to that, our faith teaches us.

SMITH: Are you getting strong support from the community, Steve?

TENNES: We're actually getting overwhelmingly strong support right now.
We realize tolerance needs to be a two-way street, and that's why we've always serve people of all backgrounds and all beliefs. One of the reasons my wife and I both volunteered to go serve our country in the military was because of freedom of religion, freedom of speech is dear to our hearts. Whether you're a Jew, a Muslim, or a Christian, as a farmer you should be able to sell your produce to the people in need.

SMITH: Kristen, if you could give us a quick -- where does this go?

WAGGONER: Well, it will go through the court system and we believe they will be vindicated. Because truly the right to believe is meaningless if it doesn't come with the right to act to live out those beliefs, and that's what's at stake here is whether government can go outside its own city borders, enforce an extreme view on other people, and threaten them with punishment and giving up their rights to participate in community life. The Supreme Court has said no, that's unconstitutional.

SMITH: Steve, do you have a little one there with you? I can see you look down and smile at somebody. Somebody with you there?

TENNES: Actually, I have five little ones and that's what makes me think about this bullying. I talk to my kids all the time about being bullied, and our family is being bullied right now, were standing up not just for us but for everyone.

SMITH: Well, thank you for coming up and telling your story, Steve. And Kristen, thank you to you as well for being here.

WAGGONER: Thank you.

SMITH: All right. Tonight, disturbing stories out of the sports world, on the eve of the NBA finals, LeBron James subjected to an attack on his wrist. We'll show you what the chilling graffiti spray painted across his property said. Plus, new video of Tiger Woods' arrest, just released as the golf star battles back surgery aftermath. Jim Gray has interviewed both of these athletes and he's here to tell us what their mindsets may be tonight.


UNINDENTIFIED MALE: Bring you hand back down. Bring that hand back down, OK.



SMITH: Developing tonight, police in Los Angeles investigating an ugly incident at the home of NBA superstar LeBron James, the N-word was reportedly spray painted across his front gate. Today, Mr. James reacted in an emotional news conference hours before the start of the NBA finals.


LEBRON JAMES, NBA PLAYER: No matter how much money you have, no matter how famous you are, no matter how many people admire you, you know, being black in America is tough.


SMITH: Jim Gray is Fox News' sports analyst who knows Mr. James very well, a difficult story. Jim?

JIM GRAY, FOX NEWS SPORTS ANALYST: Terrible story, despicable. No American, an African-American should have that written on his house at any time. It is heinous. LeBron James is a national treasure. He's playing tonight in his 8th NBA -- his 8th NBA final which will start in just a couple of hours. It's inexplicable really how something like this can happen, and I agree with what he just said, we have a long, long way to go here. And the money doesn't matter, the adulation, the fame, none of that seem to matter because if you're in those shoes, and I'm not African- American, so I'm not in those shoes, but he has earned the benefit of the doubt. So if he says it and feels it, I truly believe it.

SMITH: He also said in that news conference, my family is safe, at the end of the day they're safe and that's the most important thing. How do you, knowing him, how do you think he's handling this all internally, especially before he's off to play in this big game?

GRAY: Well, it's all wrong on all levels that he has to address this now on the eve of the NBA finals, that this is where any focus or any concentration may have to go. It's horrible, it's awful. But let's know one thing about LeBron James, he can compartmentalize very, very well. I'm sure he will go out there on the court tonight, and once the ball is tipped up against the Golden State Warriors, he will defend his championship and he will do everything he possibly can to have to win. However, there is now a lot of social conscience now that is going on. And for this too happened to LeBron James in these times with what has happened throughout our country for the past year is just going to highlight it and exemplify it, and this should not be where the NBA focus of the final is because some idiots, jerks, horrible human beings did this to his home but that's where we're at.

SMITH: And I want to get your reaction to this knowing that you know Tiger Woods, this dash cam video of his arrest, watch.


UNINDENTIFIED MALE: Have you had anything to drink tonight?




UNINDENTIFIED MALE: Hundred percent?

WOODS: Hundred percent.

UNINDENTIFIED MALE: OK. Have you taken any illegal drugs?


UNINDENTIFIED MALE: OK. Have you taken any medication?



SMITH: How he's handling this?

GRAY: That's impossible to say. Tiger Woods is the most private public person that we have ever known. He is so carefully cultivated his image, of course, that all came crashing down in 2009, Sandra, after the extramarital affairs with his ex-wife, Elin. Now, for this to happen and for this to be out in front of the public after everything that he has done to procure and try to reestablish his image, this is very difficult. Tiger Woods has done a lot for the game of golf. He has a lot of fans. A lot of us had enjoyed watching him play over the years. And to see this now it's very disheartening and it's upsetting.

SMITH: All right. Well, good to hear from you a friend of theirs. Jim, thanks for being here. All right, he's in little Italy, slight delay there, but thanks for coming on, Jim Gray. We'll be right back.


SMITH: All right, that's going to do it for us. We'll see you back here tomorrow night at 7PM Eastern, and be sure to catch me on Outnumbered each day at noon on Fox News Channel. I'm Sandra Smith in for Martha MacCallum. And tonight, tweet me your thoughts on the show @sandrasmithfox. Tucker is up next.


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